Excerpt: ... Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant TLC Of The Bay Area, Inc. d.b.a. Valley House Rehabilitation Center's (1) Demurrer To Plaintiff's Second Amended Complaint; and (2) Motion To Strike Portions Of Pl...

Excerpt: ...d Doe defendants (collectively, “Defendants”) to provide Plaintiff with fall protection and proper training, to properly inspect the premises, and to warn of dangerous conditions that were known or should have reasonably been known to these defendants. (See complaint, ¶¶ 9‐10.) The premises were owned by defendant Wilshire Park Townhouse Association. (See complaint, ¶ 11.) East West Building Services, LLC— which is not a party to this ...

Excerpt: ...ose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the First Amended Complaint by Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. I. Statement of Facts. This is a wrongful foreclosure action arising from real p...

Excerpt: ...involving Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First Amended Complaint (Case No. 17CV310003) (“FAC”), ¶¶ 2 and 8.)5 In one of the cases before the court, Arriaga, Inc. alleges that defendants Jason Lara (“Lara”), and Jose Segura (“Segura”) 4 The included actions are: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, Count...

Excerpt: ...rom alleged misrepresentations and omissions in the registration statement and prospectus issued in connection with defendant Cloudera, Inc.'s (“Cloudera”) acquisition of and merger with Hortonworks, Inc. (“Hortonworks”). According to the allegations of the operative Consolidated Class Action Complaint (“Complaint”), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, ...

Excerpt: ...ng before the Honorable Patricia M. Lucas on December 14, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action brought by plaintiff Adrian Turner (“Plaintiff”) against her former employer, defendant Corinthian International Parking Services, Inc. (“Defendant”), allegi...

Excerpt: ...ive ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged Labor Code violations brought by plaintiff James Abernathy (“Plaintiff”) against defendant Deacon Construction, LLC (“Defendant”). According to the allegations of the Complaint, filed on June 17, 2020, Defendant employed Plaintiff as a non‐exempt construction worker from December 2019 to April 7, 2020. (Complaint, ¶ ...

Excerpt: ... Kim Le (“Annie”) executed a personal guarantee, guaranteeing and promising to pay any and all indebtedness of AGOC. (See 4AC, third cause of action, ¶¶ 12‐13.) AGOC defaulted on its account owing Plaintiff, as of 12/31/19, the sum of $31,945.19 plus interest at the rate of 24 percent per annum. (See 4AC, ¶ 14.) On August 26, 2020, after Plaintiff filed the initial complaint, Annie filed a petition for relief under Chapter 13 of the Bank...

Excerpt: ...on to strike the complaint was denied. In opposition to the motion, plaintiffs requested attorney's fees which was denied without prejudice, subject to a noticed motion and attorney declaration to support an award of fees. On September 30, 2022, plaintiff filed the instant motion for attorneys' fees as sanctions against defendant and attorney for defendant, pursuant to Code of Civil Procedure sections 128.5 and 425.16 On November 29, 2022, defend...

Excerpt: ...old Plaintiff that Plaintiff was “drunk,” and when Plaintiff stood up from the bench, Plaintiff was pushed backwards and then shoved backward despite retreating from Defendant's employee. (Id.) There was nothing to suggest that Plaintiff was guilty of disorderly conduct pursuant to Penal Code § 647. (Id.) The City of Palo Alto Police Department arrived, detained Plaintiff and conducted a field sobriety test on Plaintiff. (Id.) Plaintiff cont...

Excerpt: ...nd Floor, 161 North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: (1) Demurrer to the First Amended Cross‐Complaint by Cross‐Defendant Aegis Security Insurance Company; (2) Demurrer and Motion to Strike to th...

Excerpt: ... died intestate and without a surviving spouse, child, or parent. 2 (SAC, ¶ 1.) Decedent was Defendants' patient from July 12, 2008 to her passing on September 16, 2021. (SAC, ¶ 6, 41.) During the entirety of her stay at A Grace, she was mentally incapacitated due to hypoxic brain injury and other conditions. (SAC, ¶ 6.) As a result of those conditions, Decedent was unable to comprehend rights that she was otherwise bound to know, and was unab...

Excerpt: ... Late opposition to Motions. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Cal. Civ. Proc. Code § 1005.” (California Rules of Court, rule 3.1300(a).) The court has the discretion to refuse to consider a late‐filed paper. (California Rules of Court, rule 3.1300(d).) An unrepresented party “is to be treated like any other party and is entitled to the ...

Excerpt: ...terrogatories If a party to whom interrogatories are directed fails to serve a timely response . . . The party who fails to serve a timely response waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . [and] . . . The party propounding the interrogatories may move for an order compelling respo...

Excerpt: ... by filing the Complaint, the operative pleading. Defendant filed a motion for judgment on the pleadings (“JOP Motion”) as to the fourth cause of action for Harassment Because of Disability in Violation of California Government Code section 12940, subdivision (j) on August 26, 2022. Plaintiff opposed on November 30, 2022, and Defendant filed the reply on December 6, 2022. Plaintiff transferred to FedEx's San Jose, California facility in April...

Excerpt: ...ons to compel further responses. Background On May 11, 2021, plaintiffs Ahmad Wali Momand, Wali Momand, Ahmad Nadiem Daniel Momand, and Momand Najla (“plaintiffs”) filed complaint against defendants Frit San Jose , Stephanie Colbert and Sherry Nguyen alleging causes of action for breach of warranty of habitability; breach of implied warranty of habitability; violations of the Civil Code; breach of quiet enjoyment; private nuisance; premises l...

Excerpt: ...loyee within the control group of Defendant On‐Site. Defendant further contends that disqualification is warranted because the former manager is also a current member and shareholder with Defendant Orchard City Holdings, Inc. In support of the instant motion, Defendant makes the following arguments: (1) Murphy must be disqualified because she not only communicated with a managing agent and member of Defendant, but she also represents that indiv...

Excerpt: ...orth First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Further Order on Motion of Defendants for Order Requiring Non‐Resident Plaintiff to Furnish a Bond under Corporations Code, §§ 800, 17709.02 and/or Undertaking under Co...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Defendant Caltrans' Motion To Strike A Portion Of Plaintiff Jaime Canales's Second Amended Complaint. I. Statement of Facts. On 11 May 2019, Armando Canales (“Decedent”) was a passenger in a 2003 Toy...

Excerpt: ...th Rule of Court 2.112, which states: “Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., ‘first cause of action'); (2) Its nature (e.g., ‘for fraud'); (3) The party asserting it if more than one party is represented on the pleading (e.g., ‘by plaintiff Jones'); and (4) The party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to comply with Rule of Co...

Excerpt: ...dan”) and Kirk Ballard (“Ballard”). On August 19, 2022, defendants Jacobs filed motion for attorneys' fees and costs pursuant to Code of Civil Procedure section 425.16 (line 10 on the calendar). On October 27, 2022, defendants City, Jordan and Ballard filed a separate motion for attorneys' fees and costs pursuant to Code of Civil Procedure Section 425.16 (line 11). On November 23, 2022, plaintiff filed opposition to both motions of defendan...

Excerpt: ...ing that Petitioners have not and cannot establish the requisite mistake, inadvertence, surprise, or excusable neglect required to obtain relief. For the reasons discussed below, the Court DENIES the petition. I. BACKGROUND Petitioner Heather Balleza is the surviving wife of Adrian Balleza and the mother of Adrian's son Joseph, age 3. Petitioner Juan Jose Balleza is Adrian's surviving brother. Juan Balleza is a VTA employee himself and was on the...

Excerpt: ...for production of documents, set one (“RFP”s); and (3) Defendant's motion to compel further deposition answers by Plaintiff. All three motions are opposed, and both sides seek monetary sanctions in connection with each motions. As discussed below, the Court GRANTS both of Plaintiff's motions and awards monetary sanctions against Defendant and its counsel for opposing them without substantial justification. The Court DENIES Defendant's request...

Excerpt: ...tiff alleges that the failures in treatment led to his commission of an assault on a Stanford nurse that resulted in a criminal prosecution. Plaintiff alleges that he committed the assault because he was suffering from a mental disorder that Stanford and other defendants failed to adequately treat. The discovery in question seeks access to Plaintiff's criminal records that relate to his prosecution for the assault. The criminal case records were ...

Excerpt: ...t the product is defective. Discovery into the development of the Autopilot feature has been underway pursuant to the terms of a stipulated protective order (SPO). Disputes have arisen and Defendant now seeks the following additional protective orders: (1) An order enforcing the parties' stipulated protective order provisions prohibiting sharing Tesla's confidential and highly confidential documents with former employees now working for competito...