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268 Results

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Location: Santa Clara x
Judge: Arand, Mary E x
2023.04.06 Demurrer to FAC 137
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2023.04.06
Excerpt: ...ntiff for its CFO position and Wilco CEO Ramasamy emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See FAC, '1 11.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamy's October 17, 2021 email stated that "the equity related details will not be ...
2022.06.30 Motion for Judgment on the Pleadings 811
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.06.30
Excerpt: ...legations of the Complaint, Plaintiff is a resident of Garden Grove pursuant to a written lease agreement. (Complaint, ¶ 1, Exhibit 1.) Plaintiff began to complain about habitability defects and requested that various repairs be made. (Id., ¶¶ 5‐6.) Plaintiff alleges that in retaliation for the foregoing, Defendants served him an eviction notice and then filed an unlawful detainer (“UD”) action, which was prosecuted by Rothbart. (Id., ¶...
2022.06.30 Demurrer 453
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.06.30
Excerpt: ...ings entered into an oral lease with Defendants to rent an unpermitted garage at 383 Nancy Lane, San Jose, CA 95127 (the “Property”). (Complaint, ¶ 8.) Defendants packed as many people at the property as possible, with over 15 people living there at times. (Complaint, ¶ 9.) Springs paid $1,600 a month to rent an illegally converted garage at the Property. (Complaint, ¶ 10.) The Property had faulty cooling and heating and it would get extre...
2022.06.28 Motion for Summary Judgment, Adjudication 946
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.06.28
Excerpt: ...Factual 1. Complaint This action arises out of purported numerous labor code violations. Plaintiff worked for Defendants from May 2017 until his constructive discharge in January 2020. (Complaint, ¶ 20.) Throughout the entirety of his employment, Defendants allegedly required Plaintiff to perform work in excess of 40 hours without paying him overtime compensation, paid him on an irregular basis, did not pay him the applicable minimum wage, did n...
2022.06.28 Demurrer 257
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.06.28
Excerpt: ...ges, (2) provide sick leave, (3) provide meal periods and rest breaks, (4) timely pay wages during employment, (5) timely pay wages upon termination, (6) provide complete and accurate wage statements, (7) keep complete and accurate payroll records, (8) reimburse business expenses, and (9) provide one day's rest in seven. (Id. at ¶¶ 18‐ 36.) On November 5, 2021, Gooden provided written notice to the Labor & Workforce Development Agency (“LWD...
2022.05.19 Motion to Strike Untimely Answer and Enter Validation Judgment 517
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.05.19
Excerpt: ... Answer and Enter Validation Judgment by plaintiff The City of San Jose Factual and Procedural Background This is a complaint for validation brought by the City of San Jose (“City”). The City brings this action to determine the validity of the proceedings and obligations relating to the City's issuance of one or more series of pension obligation refunding bonds, execution of a trust agreement and a bond purchase agreement, and approving addit...
2022.05.17 Demurrers, Motions to Strike 848
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.05.17
Excerpt: ...een O'Connor and Jerome O'Connor (collectively, “Plaintiffs”) are the personal representatives, surviving heirs, and successors in interest of decedent Dorothy Elaine O'Connor (“Decedent”). (Complaint at ¶ 3.) On October 25, 2020, the Decedent was admitted to the Emergency Room at Good Samaritan1 for generalized weakness and further care as a result of a fall she had taken two days earlier. (Complaint at ¶ 13.) Prior medical history and...
2021.12.02 Motion for Summary Adjudication 797
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.12.02
Excerpt: ...t oppose the motion. After full consideration of the evidence, the separate statement and the authorities submitted by the Plaintiff, the Court makes the following rulings: Plaintiff is the owner and landlord of a multiunit office building located at 300 Orchard City Drive in Campbell. On December 5, 2016, Plaintiff Landlord and Defendant Tenant R21 entered into a sixty‐six (66) month lease for a part of the premises. Tenant agreed to pay base ...
2021.12.02 Demurrer 381
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.12.02
Excerpt: ... Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 1 December 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO PLAINTIFF'S COMPLAINT [BY DEFENDANTS SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR MEB LOAN TRUST II]; AND (2) DEFENDANT CENLAR F.S.B.'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Kath...
2021.11.30 Demurrer, Motion to Strike 376
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.11.30
Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO CROSS‐COMPLAINT OF DEFENDANT VLADIMIR WESTBROOK; AND (2) MOTION TO STRIKE CROSS‐COMPLAINT OF DEFENDANT VLADIMIR WESTBROOK I. Statement of Facts. Complaint On or about 6 February 2019, plaintiff 2350 Mission Building, LLC (“Plaintiff”)...
2021.10.12 Motion for Summary Judgment, Adjudication 809
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.12
Excerpt: ...ve First Amended Complaint (“FAC”) was filed on October 9, 2018. The FAC added CYT Financial Corp. (“CYT”) as a defendant and states the following causes of action: (1) violation of Civil Code section 5670; (2) violation of Civil Code section 5673; (3) violation of Civil Code section 5705; (4) violation of Civil Code section 5715; (5) violation of Civil Code section 2924f; (6) violation of Civil Code section 5710; (7) wrongful foreclosure...
2021.10.07 Demurrer 190
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.07
Excerpt: ... was filed on August 3, 2020. After a stipulation by the parties that Plaintiff could amend again was entered on April 19, 2021 the operative Second Amended Complaint (“SAC”) was filed on April 23, 2021 and again on May 10, 2021. The SAC states six causes of action (none of which are listed on the caption page): (1) Fraud (no intent to perform), alleged against Cheng and Fan; (2) Intentional Interference with Contractual Relationship, alleged...
2021.10.07 Demurrer 323
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.07
Excerpt: ...failure to make repairs within a reasonable time; (3) violation of Civil Code § 1793.2(a)(3), failure to make available to its authorized repair facilities sufficient service literature and replacement parts during the express warranty period; and (4) violation of Civil Code §§ 1791.2(a) and 1794, alleging breach of express written warranty. The Fifth Cause of Action, breach of implied warranty of merchantability, in violation of Civil Code §...
2021.10.05 Motion for Summary Judgment, to Quash Deposition 420
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.05
Excerpt: ..., Venkat and Vijayasri then allegedly tricked Plaintiff into investing in their company, SAI, based on false representations about the company's products, valuation, investors, and success in the marketplace. Defendants subsequently offered Plaintiff employment on the condition they be allowed to change the terms of his investment such that he would be paid back over the course of five years with an additional 15 percent interest as compensation ...
2021.10.05 Motion for Judgment on the Pleadings 961
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.05
Excerpt: ...nded complaint. Factual and Procedural Background This action arises out of a dispute over assessments imposed on non‐party C Cube Investment, LLC (“C Cube”) by Association. Association is a non‐profit, mutual benefit corporation established for the governance of the Lundy Professional Center Condominium Unit Project (the “Project”). (Complaint, ¶ 2.) Reynoso, Eischen, Anh, Yeh, and Tung (collectively, “Individual Defendants”) ar...
2021.10.05 Demurrers 792
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.05
Excerpt: ...This case has been consolidated with case no. 20CV269589. The original complaint in this action was filed on June 13, 2019. The operative Third Amended Complaint (“TAC”) was filed on February 5, 2021. The TAC states claims for: (1) Alter Ego Liability (against CMS and Perice Sibley); (2) Fraudulent Transfer of Property (Elmwood Court property, alleged against Perice Sibley and both Prosper Equity, Inc. corporations); (3) Fraudulent Transfer o...
2021.10.05 Demurrer, Motion to Strike 256
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.10.05
Excerpt: ...omplaint was filed on February 27, 2020, adding additional plaintiffs and a third cause of action for Wrongful Death. Pursuant to a stipulation and order of the Court (Hon. Barrett) issued on June 30, 2020, a Second Amended Complaint was filed on July 6, 2020, adding the City of Gilroy (“City”) as a defendant, and adding a fourth cause of action for Dangerous Conditions of Public Property. Pursuant to a September 24, 2020 stipulation and orde...
2021.08.24 Demurrer 881
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.08.24
Excerpt: ...rustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers' attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an access easement that runs from their property (“Sellers' Property”) through land they recently sold (“Buyers' Property”). Several cross‐complaints have also been filed in the action Plaintiffs/Sellers' op...
2021.06.10 Motion to Recover Attorney Fees 829
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.06.10
Excerpt: ...stead, Plaintiffs state that; “Plaintiffs do not contest that the anti‐SLAPP statute entitles a defendant prevailing on a special motion to strike to recover his or her reasonable attorneys' fees and costs. Code Civ. Proc. §425.16(c); Ketchum v. Moses, 24 Cal. 4th 1122, 1131 (2001). Plaintiffs take no position on the reasonableness of the fees and costs that Defendant Labana claims to have incurred in connection with her anti‐SLAPP motion,...
2021.06.08 Motion to Compel Further Responses 384
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.06.08
Excerpt: ... separate sets of discovery requests. The motions were timely served, are unopposed and are GRANTED in part as stated below. Some of the objections served by Cross‐defendants appear to be well‐taken. For example, Pekoe, LLC is a Plaintiff, and then named as a Cross‐complainant in the Nguyen Cross‐ complaint, and also a Cross‐defendant along with Vo, and therefore has sued itself. The amount of discovery on its face appears to be overbro...
2021.06.08 Motion for Summary Judgment 496
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2021.06.08
Excerpt: ... Does. The original (form) complaint was filed on April 13, 2018. The operative First Amended Complaint (“FAC”), also a form complaint, was filed on April 25, 2018. It appears from the FAC that both causes of action are alleged against all Defendants, but the City, as a government entity, cannot be sued for general negligence. The City and the Low Defendants have also filed cross‐complaints against each other. The FAC alleges that Plaintiff...
2020.07.21 Demurrer, Motion to Strike 393
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2020.07.21
Excerpt: ...to Sage, for specialist care to treat the animal's anorexia “with an esophageal to stabilize prior to surgery.” (Id. at ¶ 14.) When Plaintiff arrived at Sage she was told that they were busy, but also not to worry as the cat's condition was not urgent and was treatable. (Ibid.) Sage did not perform a physical exam on the cat. (Ibid.) Further, the cat did not receive timely, appropriate care, including esophageal feeding, or proper ICU monito...
2020.07.21 Demurrer 755
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2020.07.21
Excerpt: ...reach of Contractual Duties and Common Law Fiduciary Duties of Loyalty and Care,” and; 2) “Breach of Contractual Duty of Entire Fairness,” against nominal defendant TEEC Angel Fund L.P. and against Defendant TEEC Angel Management LLC (a California limited liability company which is alleged to be the “sole general partner” of TEEC Angel Fund L.P.) and Defendant Eugene Zhang (who is alleged to be the managing member of TEEC Angel Manageme...
2020.07.21 Demurrer 673
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2020.07.21
Excerpt: ...on Lawrence by various doctors over the course of two days in March 2017. (TAC, ¶¶ FR‐2, FR‐5, IT‐1, & GN‐1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐ 1.) As a result, Plaintiffs suffered injuries. (Id. at ¶¶ 11, FR‐6, IT‐1, & GN...
2020.01.23 Motion to Strike 498
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2020.01.23
Excerpt: ...in time and rear‐ ended one or more cars in front of him, including cars with plaintiffs Richard and Shannon Daly as well as plaintiffs Michael Kee, Luis Moran, and Oscar Carcamo. Richard and Shannon Daly filed a complaint asserting claims for negligence and loss of consortium. Kee, Moran, and Carcamo (collectively, “Plaintiffs”) filed a complaint asserting a claim for negligence and seeking punitive damages in connection therewith. Current...

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