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Location: Santa Clara x
Judge: Stoelker, James L x
2018.8.7 Request for Punitive Damages, Attorney's Fees 209
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.8.7
Excerpt: ...everal of its administrators who are also named as cross‐defendants, particularly Nuria Fernandez, Inez Evans, Aaron Vogel, and Robert Gebo, filed a motion to strike Outreach's prayers for punitive damages in connection with the third, fifth, seventh, and eighth causes of action in the SACC, related punitive damages allegations in each of those causes of action, and prayer for attorney's fees in connection with the seventh cause of action. Shor...
2018.8.7 Motion for Judgment on the Pleadings 935
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.8.7
Excerpt: ...aintiff”) and his wife purchased a residential property at 7868 McClellan Road in Cupertino (the “Property”). (Complaint, ¶¶ 8‐9.) In June 2006, Plaintiff obtained a new loan on the Property and executed a Deed of Trust and Promissory Note in favor of Countrywide Home Loans. (Id., ¶ 9.) After a series of subsequent assignments, defendant Nationstar Mortgage LLC (“Defendant” or “Nationstar”) became the loan's servicer in 2016. (...
2018.8.2 Motion for Attorney Fees 442
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.8.2
Excerpt: ...h action”. The “Lodestar” analysis is appropriate for determining attorney fees under the provisions of the Act. The Lodestar methodology requires determination of the number of hours reasonably expended and the reasonable hourly rate that is prevailing in the community for similar services. Keep Our Mountains Quiet v. County of Santa Clara (2015) 236 Cal.App.4th 714; Rey v. Madera Unified Sch. Dist. (2012) 203 Cal.App.4th 1223; Building a ...
2018.7.31 Demurrer 697
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.31
Excerpt: ... ¶ 9.) Plaintiffs suffered serious injuries because the movement of the backhoe caused their lift basket to slam into the side of the building. (FAC, ¶ 10.) Plaintiffs assert causes of action against defendants Steve Lamming2 and his employer Duran & Venables, Inc. (collectively, “Defendants”) for negligence, battery, and intentional infliction of emotional distress for which they seek compensatory and punitive damages. Defendants filed a d...
2018.7.26 Motion to Compel Production of Docs 632
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.26
Excerpt: ...her non‐Qualified Person via any platform, including identification of the non‐Qualified Person, by 5:00 P.M., July 31, 2018. Plaintiff failed to comply with paragraph 25 of the protective order to attempt informal resolution of the dispute and provide written objections stating the reasons for objection to Defendant's designation of AEO. The protective order does not specify that reasons be stated for each contested document. The Court inter...
2018.7.26 Motion for Summary Adjudication 318
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.26
Excerpt: ...ckground This is an action for defamation and intentional interference with contractual relations. Paladin is a shareholder and the president of APTFrame and Arcsona, Inc. (“Arcsona”). (5AC, ¶¶ 1‐2, 12.) Paladin was also employed by APTFrame as a Senior Program Manager for NetApp pursuant to a Statement of Work. (Id. at ¶ 12.) APTFrame, defendant Global Anchorage, Inc. (“GA”), and Appirio, Inc. (“Appirio”) each provided temporary...
2018.7.26 Demurrer 436
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.26
Excerpt: ...he allegations of the SAC, Plaintiff is the owner and voting member of fifty percent of Casa Alondra Mobile Home Park, LLC (the “LLC” of “CAMPH”) and brings the instant action in both a derivative and representative capacity on behalf of the LLC and in his own right as an intended beneficiary. (SAC, ¶ 1.) On June 9, 2014, Defendants undertook to provide legal services for the LLC and its three named members until they were discharged on ...
2018.7.24 Demurrer 554
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.24
Excerpt: ...ome in Discovery Bay, California.1 When the subprime mortgage crisis unfolded the following year, Miley could not sell his home to pay back the loan. Miley resigned from Ross's construction company in 2009 and has not made any loan payments since. Ross seeks to recover the principal amount of $600,000 as well as $336,023.98 in interest. In the second amended complaint (“SAC”), Ross asserts causes of action against Miley for: (1) breach of ora...
2018.7.24 Motion for Summary Adjudication 801
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.24
Excerpt: ...s motion for summary adjudication is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the second, third and fourth causes of action and DENIED as to the first cause of action. With respect to the first for breach of contract, the Court finds that triable issues of material fact exist regarding the terms of the agreement between the parties, including whether the provisions alleged to have been incorporated by reference in PRT's pur...
2018.7.19 Motion to Strike 302
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.19
Excerpt: ...he purchase of a home. According to the allegations of the FAC, Plaintiff has difficulty understanding and managing his own financial affairs and therefore his son and daughter‐in‐law, Defendants, offered to help him purchase a home. (FAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as jo...
2018.7.19 Motion for Summary Adjudication 808
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.19
Excerpt: ...quently filed doe amendments naming, among others, defendant Cushman & Wakefield of California, Inc. (“CWCI”), who was the property manager at the campus. CWCI filed a cross‐complaint asserting causes of action against cross‐defendants DoorKing, Inc. (“DoorKing”), Nortek Security & Control (“Nortek”), and Able Engineering Services, Inc. (“Able”) for equitable indemnity, contribution, declaratory relief, and negligence. CWCI ad...
2018.7.17 Motion to Strike Complaint, Demurrer 947
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.17
Excerpt: ...erted therein. Defendants' requests for judicial notice are GRANTED IN PART and DENIED IN PART. While the Court may properly take judicial notice of the Complaint as a court document pursuant to Evidence Code section 452, subdivision (d), it may not properly take judicial notice of the existence of a contract between private parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) The requests are GRANTED as to Exhibi...
2018.7.17 Motion to Strike 587
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.17
Excerpt: ...95.18. On Grimley's claim form, he indicated that he was filing his claim “[i]n response to a judicial petition for forfeiture” and not “[i]n response to notice of administrative proceedings.” (Claim at p. 1.) But Grimley's claim form was the first paper filed in this proceeding; there was no pending petition.2 In November 2017, the Santa Clara County District Attorney's Office (the “DA”) filed a petition for forfeiture pursuant to He...
2018.7.12 Motion for Summary Judgment, Adjudication 872
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.12
Excerpt: ...rn Tool”). Cruz asserts causes of action for premises liability and negligence against Medina and the property owners for whom he provided landscaping services. Additionally, and as relevant here, Cruz asserts a products liability claim against Northern Tool. Cruz's third cause of action for products liability consists of three separately identified counts for strict products liability, negligence, and breach of warranty. Northern Tool moves fo...
2018.7.12 Demurrer 799
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.12
Excerpt: ...ushnell's (“Nancy”) husband, Nolan Bushnell (“Nolan”).1 (First Amended Complaint (“FAC”), ¶ 8.) Nancy owned real property located in Sunnyvale, California (“Property”) with her brother, plaintiff Robert Nino (“Nino”). (FAC, ¶ 10.) Nancy's interest in the Property “was her separate property, and not part of community property she shares with Nolan.” (Ibid.) At some unidentified time, Nancy and Nino (collectively, “Plain...
2018.7.10 Motion to Strike, for Attorney's Fees, for Punitive Damages 534
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.10
Excerpt: ...s Plaintiffs' mother resided at the Terraces of Los Gatos from April 2015 until shortly before her death in April 2017. Plaintiffs allege Defendants repeatedly failed to provide their mother with adequate medical care, especially after she fell and fractured her hip in October 2016. For example, in April 2015, Plaintiffs' mother had a stroke and lost her sight during breakfast, but Defendants' employees failed to call for emergency medical care a...
2018.7.10 Motion to Strike 733
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.10
Excerpt: ...e instant special motion to strike the Complaint in its entirety, which Plaintiff opposes.1 I. Defendant's Motion to Strike Code of Civil Procedure section 425.16 provides a summary procedure by which defendants may dispose of “strategic lawsuits against public participation” or “SLAPP” lawsuits, i.e., lawsuits brought “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grieva...
2018.7.10 Motion to Compel Deposition 994
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.10
Excerpt: ... has been a tragic intervening traumatic event which no one could have anticipated, defendant cannot be faulted for or bound to a strategic decision. The need for further inquiry supports good cause. On the other hand, plaintiff should not be compelled to suffer unnecessarily by submitting to further examination. It is true that a medical examination ordered by defendant explored these symptoms in some detail. However, an examination for a specif...
2018.7.10 Motion for Summary Adjudication 987
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.10
Excerpt: ...s, and separate statements submitted by the parties, the Court makes the following rulings: Coco's and Catalina's motion for summary judgment and summary adjudication is DENIED. The summary judgment/adjudication statute, Code of Civil Procedure section 437c, provides that the motion and supporting papers must be served on all other parties to the action at least 75 days before the time appointed for the hearing. If the notice is served electronic...
2018.7.3 Demurrer 442
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.3
Excerpt: ...ose Sanchez, Efigenia Florencia Chavez Sanchez, and Gabino Guevara (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for fraud and negligence. According to the allegations of the operative 4AC, Plaintiffs allege that defendants Leticia Ramona Sandoval Gonzalez (“Gonzalez”), Daniel Alberto Valdez Sandoval, Juventia Narciso Marquez, Felipe Carrasco Villamares, Alejandra Villamares, and Maria Carmen Arteaga Ba...
2018.7.3 Demurrer 915
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.3
Excerpt: ...ts, namely 1697 and 1699 Foxworthy Avenue. Although not especially clear, it appears they treated these units as one parcel (the “Property”) and agreed they would each own 50 percent of the Property. In 2008, apparently after purchasing the Property, the parties “reduced their oral agreement to a written agreement with Defendants reflecting that Plaintiffs [purchased] 50% of the Property and Defendants [purchased] the other 50% of the Prope...
2018.6.28 Demurrer 700
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.6.28
Excerpt: ...e allegations of the operative SAC, in June 2012, Plaintiff became the owner of an industrial office space located in Santa Clara (the “Property”). (SAC, ¶ 9.) At the time of Plaintiff's purchase of the Property, Defendants were an existing tenant and continued to rent space from Plaintiff under an oral month‐to‐month agreement. (Id.) During the lease negotiations, Martinez represented that both he, personally, and his corporation, Top G...
2018.6.26 Motion to Strike, for Attorneys' Fees 739
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.6.26
Excerpt: ... development in the City of San Jose. (Complaint, ¶¶ 1 and 7.) Plaintiff acts as a homeowners association and all owners of homes within the commoninterest development are mandatory members. (Id. at ¶¶ 1‐2.) Defendant does business as a property developer and landowner in the City of San Jose. (Complaint, ¶ 3.) Defendant owns and intends to develop a multi‐parcel property generally described as Santana Row. (Ibid.) Located within the San...
2018.6.26 Motion for Summary Judgment, Adjudication 497
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.6.26
Excerpt: ...egalForce's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (h).) LegalForce's motion for summary judgment is GRANTED on the Second Amended Cross‐complaint. With respect to Lai's first cause of action for unlawful sex discrimination, the Court finds that LegalForce has demonstrated that Lai (and Figel) and Au's roles at LegalForce were not similar “in all material respects” because Lai could provide legal advice, the prim...
2018.6.21 Motion to Quash Service of Summons 392
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.6.21
Excerpt: ...TekSmart, LLC (“ETS”). It is fundamentally unclear from the complaint what Plaintiffs' business is. In any event, Winwire U.S. is a California corporation that employed Nayak as a Senior Vice President of Professional Services beginning in 2012. Around the same time, Winwire India hired Kokkonda to work as a Senior Account Manager at its office in Hyderabad, India. Plaintiffs allege Nayak and Kokkonda misappropriated trade secrets — includi...

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