Excerpt: ... unnecessary motion. DISCUSSION A. Legal Standard Requests for Admission Code of Civil Procedure, § 2033.280(a) provides that if a party to whom requests for admissions have been directed fails to serve a timely response, that party thereby waives any objection to the requests, including one based on privilege or on the protection for work product under Code of Civil Procedure, § 2018.010 et seq. “[I]f the response is served within the statut...

Excerpt: ...ologic ended on or about November 2017. On April 20, 2018, plaintiff filed complaint against Hologic and Jerome LaPointe arising from plaintiff's former employment with Hologic. On May 18, 2020, plaintiff filed the operative first amended complaint (“FAC”). The FAC alleges causes of action for employment discrimination, failure to prevent discrimination and harassment, retaliation, harassment and slander. On December 18, 2021, plaintiff serve...

Excerpt: ...fendant seeks monetary sanctions against Plaintiff for a misuse of the discovery process. DISCUSSION A. Legal Standard 1. Compelling Further Discovery Responses CCP § 2017.010 provides the following: Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any m...

Excerpt: ...s purchased a 2011 FORD Fusion (the Vehicle) from the Dealer on or about December 2, 2010. The Vehicle was manufactured by FORD. The purchase of the Vehicle was governed by a written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Immediately above the final buyer/co‐buyer signature block that Plaintiffs signed the RISC provides that: YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU CONFIR...

Excerpt: ...tiff was 60 years old when terminated, while younger colleagues were retained); (2) Retaliation (in violation of the FEHA, alleging in ¶45 that Plaintiff objected to an “age‐based comment” from a supervisor in April 2019); (3) Failure to Prevent Discrimination (in violation of the FEHA), and; (4) Wrongful Termination. The Complaint alleges that Plaintiff was hired in July 2017, started work for Defendant in August, and was 60 years old as ...

Excerpt: ...t lavatory. (See complaint, ¶¶ 3, 7, 11.) The insured was required by Gulfstream Aerospace to conduct a flap roller inspection after each flight, requiring the lowering of the flaps to the full extent of 39 degrees. (See complaint, ¶ 14.) For the first 10 degrees, the flaps move aft horizontally; then the flaps move downward until fully extended. (Id.) Flap travel to 39 degrees takes approximately one minute and 22 seconds. (Id.) The aircraft ...

Excerpt: ..., by an employer against a former employee. According to the allegations of the complaint (“Complaint”), Black Sails is a virtual reality (“VR”) startup which possesses a variety of cutting‐edge VR technology, most of which was created by Wang and Zhao, as coinventor. (Complaint, ¶ 11.) Zhao began her employment with Black Sails in November 9, 2016 and ceased working there in June 2018, when all of the company's employees quit due to i...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant General Motors LLC for a Protective Order. I. Statement of Facts. Plaintiff filed this complaint on 17 December 2021.2 On 19 October 2018, plaintiff purchased a brand‐new 2019 Chevrolet ...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer and Motion to Strike by Plaintiff Aaron Klein. I. Statement of Facts. This is a partition action. According to the complaint, the subject of this action concerns real property located at 21851 Al...

Excerpt: ...ants 1 through 30, as employees of Defendant Bank (“Doe Defendants”). Plaintiff's former spouse was prohibited by a temporary restraining order from taking possession of Plaintiff's property – including her checking and savings accounts. (Id. at ¶¶ 11‐12.) Plaintiff alleges that in July 2019, Plaintiff's former spouse withdrew in separate transactions: (1) $100,000 and $45,000 from Plaintiff's savings account; and (2) $50,000 and $70,00...

Excerpt: ...7/22 Plaintiff was served with the instant Demurrer. Plaintiff's opposition was due 6/30/22. Plaintiff did not file timely opposition. DISCUSSION A. Legal Standard 1. Failure to file timely opposition “Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with CCP § 1005.” (California Rules of Court, rule 3.1300(a).) Opposition to noticed motion must be filed and ser...

Excerpt: ...f's health, denying Plaintiff's enjoyment of her unit and violating state and federal laws prohibiting unfair housing. (Id.) On June 2, 2021, Plaintiff filed a claim with the clerk of the small claims court against landlord KDF SJC, LP and VPM Management, Inc., alleging that “[t]he plaintiff claims the defendant owes $10,000… [because] on October 27, 2020[,] defendant rented a rental unit to plaintiff that defendant knew or should have known ...

Excerpt: ...he motions in part and DENIES them in part. I. DISCUSSION Plaintiff moves to compel each defendant's further responses to Special Interrogatory No. 6 and Requests for Production Nos. 1–3, 8, and 12, as well as their initial responses to Form Interrogatory No. 17.1.1 Defendants oppose the motions on both procedural and substantive grounds. A. Procedural Issues Defendants oppose the motions on the grounds that Plaintiff should have filed a total ...

Excerpt: ...elationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. In a cross‐complaint, Mr. Rajagopalan alleges that he never signed the draft consulting agreement and was not paid for much of his work. Moreover, he disclosed his other work for Q Networks—on his own time—on technology outside the scope of the JLA project to CrossComplainant and ‐Defendant John T...

Excerpt: ... July 13, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought by plaintiff Kristalinna Pacheco (“Plaintiff”), alleging violations of the Fair Credit Reporting Act (“FCRA”). The Complaint, filed on November 17, 2020, set forth causes of action for: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); and (2) Violation of 15 U.S.C. §§ 1681d(a)(1...

Excerpt: ... on procedural grounds. Plaintiff not opposed the motions on the merits. Because all three motions involve a similar procedural issue, the Court will follow Plaintiff's lead and issue a single omnibus order with separate rulings as to each motion as appropriate. Defendant's motions were all filed on 3/21/22. Plaintiff filed a consolidated opposition to these motions on the sole grounds that attorney Eric Hartman claims the he and his clients have...

Excerpt: ..., 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 11 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant/Cross‐ Defendant ROYGBIV Real Estate Development LLC to Compel 28th Street Villa Apts LLC to Provide Further Responses to Discovery Requests and Production of Doc...

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 11 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff for Summary Judgment/Adjudication. I. Statement of Facts. On or about 5 April 2019, defendant Byrd Coop Customs LLC (“BCC”) and Celtic Bank (plaintiff On Deck Capital,...

Excerpt: ... DISCUSSION A. Legal Standard Code of Civil Procedure section 1008 provides the only legal basis for a court to reconsider a prior order. (Code Civ. Proc, § 1008, subd. (e).) Code of Civil Procedure section 1008, subdivision (a) states: When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days af...

Excerpt: ...rst 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 11 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrers by Defendants Cupertino Development Corporation, Los Gatos Boulevard, LLC, Jacqueline Chartier, Chartier Property Management, Charles Ott, Stanley Howard, and Rober...

Excerpt: ... the demurrer on March 16, 2022, and Defendant filed a reply on April 8, 2022. A motion to strike Defendants' amended verified answer filed on May 13, 2022 is also before this Court. Defendants' contest the motion in an opposition filed on June 2, 2022. II. Request for Judicial Notice “In ruling on a demurrer, a court may consider facts of which it has taken judicial notice. (Code Civ. Proc. § 430.30, subd. (a).) This includes the existence of...

Excerpt: ...n Avenue, Alviso, California 95002 (the “Subject Property”). (See complaint, ¶¶ 7, 11.) In reliance on Ms. Rivera's promises, Plaintiff alleges that he: (1) lived with Ms. Rivera, (2) took her to all doctor's visits and the pharmacy to pick up medications, (3) aided her in getting groceries, (4) planned outings to her favorite restaurants, and (4) performed yard work from September 1, 2011 until her death on May 25, 2020. (See complaint, ¶...

Excerpt: ...themselves out to the public as competent and skilled dentists. (SAC, ¶ 5.) Williams was Defendants' patient. (Ibid.) He went to Defendants to determine the best method to get individual implants on both his lower and upper maxillary jaw so he would not have to maintain dentures anymore. (Ibid.) On January 7, 2016, Dr. Trinh performed bone graft surgery, in conjunction with performing a sinus elevation. (SAC, ¶¶ 6, 22.) Without providing Willi...

Excerpt: ..., 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 11 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer of Cross‐ Defendants Gregory Malley, 28th St. Villa Apartments LLC, and Hui Jun Li to Green Villa Apartments, LP's Second Amended Cross‐Complaint; 2. Chicago Title Co...

Excerpt: ...overy was served on defendant Forensic Professionals Group USA, Inc. (“Forensic”). At the time of service of process, defendants Kahn and Forensic were represented by attorney Douglas Klein. Responses to the discovery were not served by Kahn or Forensic when due. Counsel conducted written meet and confer regarding defendants' compliance with discovery. On April 29, 2022, plaintiff filed the instant motions to compel responses from defendants ...