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 4 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER TO FIRST AMENDED COMPLAINT I. Statement of Facts. On 19 December 2017, plaintiff Michael Perez (“Plaintiff”) was working when the electronic cigarette/ battery in his pocket suddenly exploded, causing...

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 2 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff James Englehart (“Englehart”) began working for defendant Seele, Inc. (“Seele”) in or around 8 Jul...

Excerpt: ...irst 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 2 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON: 1. MOTION OF PETITIONER TO CONFIRM ARBITRATION AWARD; AND 2. MOTION OF RESPONDENT TO VACATE ARBITRATION AWARD. I. Statement of Facts. This petition was filed on 7 May 2020. 2 Petitioner Five Oa...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 2 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON CROSS‐MOTIONS TO ENFORCE SETTLEMENT. I. Statement of Facts. The complaint was filed on 4 February 2019. 1 The parties were 50/50 partners (and once upon a time close family friends) in a construction joint venture, mos...

Excerpt: ...se. 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 31 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANTS BASEHEALTH, INC., ARDY ARIANPOUR, HOSSEIN FAKHRAI‐RAD, DANIEL HOEMKE, AND PRAKASH MENON'S MOTION TO STRIKE; (2) DEFENDANTS ARDY ARIANPOUR, HOSSEIN FAKHRAI‐RAD, DANIEL HOEMKE, AND PRAKASH MENON'S DE...

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 31 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFFS TO ENFORCE SETTLEMENT AGREEMENT AND TO STRIKE DEFENDANTS' ANSWER AND CROSS‐COMPLAINT. I. Statement of Facts. Plaintiff filed this complaint on 31 October 2017. 1 It concerns a dispute between adjacent home...

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 26 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Pacific Office Automation, Inc. (“Plaintiff”) is one of the largest independent office equipment dealers in the United States...

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 24 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS AVAGO TECHNOLOGIES U.S. INC., ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY AND ANTHEM UM SERVICES, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDIC...

Excerpt: ...n 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 24 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON APPELLEE/DEFENDANT LISA REED'S MOTION FOR JUDGMENT ON THE PLEADINGS AND REQUEST FOR SANCTIONS OF $2,060.00 AGAINST KENNETH FEHL I. Statement of Facts. On 4 October 2019, appellants Classic Pet Grooming, Inc. (“...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 August 2020. Please specify the issue to be contested when calling the Court and Counsel. DEFENDANT NISSAN NORTH AMERICA, INC.'S DEMURRER TO THE COMPLAINT I. Statement of Facts. Plaintiff Peter Phan (“Plaintiff”) filed this Complaint on 25 March 2020.2 This is a lemon law action brought by Plaintiff against defendant Nis...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 5 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS' DEMURRER TO THE COMPLAINT I. Statement of Facts. This is a subrogation action. Daniel Wallis (“Wallis”) is the owner of real property located at 114 Dardanelli Lane, Apt. 50, in Los Gatos, California (“Subject...

Excerpt: .... 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 5 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT WALSH CONSTRUCTION COMPANY II'S DEMURRER TO PLAINTIFF BRIAN BRYLA'S FIRST AMENDED COMPLAINT I. Statement of Facts. Plaintiff Brian Bryla (“Bryla”), utilizing the Department of Rehabilitation's services for...

Excerpt: ...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 3 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. On or about 24 August 2018, Plaintiff LWG Construction, Inc. (“LWG”) entered into a written contract with defendants Foodspace, Foodspace+Co, SCG Foodspace, Sch...

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 3 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF JEREMY RIGHT TO AUGMENT/AMEND EXPERT WITNESS DISCLOSURE I. Statement of Facts. Plaintiff filed this complaint on 15 June 2016.19 This Court is well aware of the impending five year statute within which to brin...

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 3 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANT MICHAEL MURT SHEA, JR.'S DEMURRER; AND (2) DEFENDANTS MICHAEL MURT SHEA, JR. AND MEGAN BARRETT SHEA'S MOTION TO STRIKE I. Statement of Facts. Plaintiff Kelly Barrett (“Kelly”) and defendant Megan Ba...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 03 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER RE MOTION TO REOPEN DISCOVERY FOR LIMITED PURPOSE OF CONDUCTING VIDEO DEPOSITION OF RICHARD STOLL I. Statement of Facts. The Complaint in the above reference matter was filed on November 10, 201616 and is related to issues concerning the sale of ...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER SUSTAINING DEMURRERS OF DEFENDANT WITHOUT LEAVE TO AMEND I. Statement of Facts. Plaintiff filed this complaint on 14 June 2019.1 In her First Amended Complaint filed on 8 November 2019, she alleges causes of action for: 1. Copyright infringement and...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. MOTION OF DEFENDANTS TO COMPEL PLAINTIFF TO PROVIDE FURTHER RESPONSES TO DISTRICT'S REQUESTS FOR ADMISSION, FORM INTERROGS AND DOCUMENT REQUESTS, AND FOR MONETRAY SANCTIONS. I. Statement of Facts. Plaintiff Mark Adams (“Plaintiff”) filed this c...

Excerpt: ...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 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT AMERICAN TECHNOLOGIES INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TO THE COMPLAINT. I. Statement of Facts. Plaintiff Stephanie Chapa (“Plaintiff” or “Chapa”) file...

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 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF STEARNS LENDING, LLC FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Plaintiff filed this complaint on 30 October 2019. 3 The 17 page complaint names as defendants KB Home, Stearns Lending,...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on ________ 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT CARCO GROUP, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Defendant Carco Group, Inc. (“CGI”) is in the business of providing consumer background reports for employment purposes. (Complaint, ¶12.) To c...

Excerpt: ...e. 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 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF RESPONDENT FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. This is a medical malpractice action. The daughter of Plaintiff's underwent a brain surgery and subsequently died. This cause of action alleged t...

Excerpt: ...eet, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 27 July 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON CROSS‐DEFENDANT TARRAR UTILITY CONSULTANTS' DEMURRER AND MOTION TO STRIKE TO THE CROSS‐COMPLAINT I. Statement of Facts. A. First Amended Complaint. Plaintiffs Dylan Nguyen and Julie Nguyen (collectively,...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF FOR REFERENCE I. Statement of Facts. Plaintiff filed this complaint on 13 February 2019. 2 The complaint seeks damages for breach of written contract and for declaratory relief. On or about 30 December 2015...

Excerpt: ...ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT TESLA TO COMPEL BINDING ARBITRATION I. Statement of Facts. Plaintiff Jefferey Lee filed a Complaint36 on February 10, 2020 against Tesla Inc. d.ba. Tesla Motors, Inc., and Does 1 to 10, alleging the following seven causes of action inv...

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 20 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON NEW AGE ELECTRIC INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION I. Statement of Facts. On or about 3 August 2016, plaintiff Milenko Lisica (“Lisica”), an employee of New Age Electric Inc. (...

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 20 July, 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON DEFENDANTS' DEMURRERS AND MOTION TO STRIKE I. Statement of Facts. Virginia Egan, Barbara Meehan, and Deborah Meehan (collectively “Plaintiffs”), individually and as successors‐in‐interest to Ave Maria M...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 13 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO BIFURCATE TRIAL OF CROSS‐COMPLAINT I. Statement of Facts. Plaintiff City of Santa Clara (the “City”) filed an eminent domain action against Defendant D.E. II Restaurants, Inc. (“D.E. II Restaur...

Excerpt: ...se. 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 8 July 2020. Please specify the issue to be contested when calling the Court and Counsel. Please note: This tentative ruling addresses ONLY the MSJ/MSA and does not address the plaintiff's motion for leave to file a FAC (Line #6). This tentative ruling also assumes the court is GRANTING the plaintiff's motion for lea...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 6 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO COMPEL PMK DEPOSITIONS OF AXEL DANKE AND DAVID WAGNER; AND REQUEST FOR SANCTIONS. I. Introduction This is an action for wrongful termination, sexual harassment, and retaliation brought by plaintiff JAMES ENGLEHART (“Plaintiff” or “Eng...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 6 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON (1) DEFENDANT APPLE, INC.'S DEMURRER; AND (2) DEFENDANT APPLE, INC.'S MOTION TO STRIKE I. Statement of Facts. Plaintiff Trieu Pham (“Pham”), an American man of Vietnamese national origin and ancestry, worked for defendant Apple, Inc. (“App...

Excerpt: ... 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 29 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER OF DEFENDANT LORI A. ADAM TO COMPLAINT OF SINE‐TIFIC SOLUTIONS, INC.; AND (2) MOTION BY DEFENDANT LORI A. ADAM TO STRIKE PORTIONS OF COMPLAINT OF PLAINTIFF SINE‐TIFIC SOLUTIONS, INC. I. Statement of...

Excerpt: ...se. 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 23 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT; AND (2) DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S MOT...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...developing Zombie Gunship (“ZG”), a game that involved shooting zombies from an airplane. (Complaint, ¶10.) A developer working with defendant LSI named Sanders Van Rossen (“Van Rossen”) came up with the original idea for ZG. (Id.) The parties agreed to jointly develop ZG with rights to the game split 60% to defendant LSI, 20% to plaintiff HEI, and 20% to Van Rossen. (Complaint, ¶11.) The agreement was memorialized in a Letter of Intent...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff filed the complaint against Defendant on July 24, 2019. 2 On or about December 5, 2018, Defendant entered into written ...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff filed the complaint against Defendant on July 24, 2019. 2 On or about December 5, 2018, Defendant entered into written ...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS RESPONSIVE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (SET ONE) AND FOR MONETARY SANCTIONS AGAINST MIDLAND FUNDING, LLC; AND ...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff James Englehart (“Englehart”) began working for defendant Seele, Inc. (“Seele”) in or around 8 July 2016 as ...

Excerpt: ...se. 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 8 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER TO CROSS‐COMPLAINANTS' FIRST AMENDED CROSS‐COMPLAINT I. Statement of Facts. Plaintiffs Lewis Patrick (“Patrick”) and Joseph Lapham (“Lapham”) loaned a combined $50,000 to defendant Window Trim Kits,...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION ON THE FIFTH CAUSE OF ACTION I. Statement of Facts. On June 3, 2019, Alexa A., a minor, by and through guardian ad litem Timothy Andonian, and Amy Andonian (“Plaintiffs”) filed an unv...

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 3 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT COUNTY OF SANTA CLARA'S DEMURRER TO FIRST AMENDED COMPLAINT FOR REFUND OF PROPERTY TAXES PAID I. Statement of Facts. Plaintiff Church of Scientology of Silicon Valley (formerly known as Church of...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 3 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON MOTIONS TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSIONS, FORM INTERROGATORIES, AND SPECIAL INTERROGATORIES AND REQUESTS FOR MONETARY SANCTIONS I. Statement of Facts. 18 This Court notes the Defendants' objection ab...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO ENFORCE SETTLEMENT I. Statement of Facts. Plaintiff DISCOVER BANK filed a complaint against Defendant CRISTIAN BASILIO on July 3, 2018. 21 Plaintiff sued Defendant for non‐payment of Defendant's credit card account ...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT FOR SUMMARY JUDGMENT/ADJUDICATION. I. Statement of Facts. Plaintiff filed this complaint on 19 June 2017.7 YCS Investments, Inc. (“YCS”) brings this action against Santa Clara County (“County”) for decl...

Excerpt: ...8 This matter will be heard by the Honorable Judge Socrates Peter Manoukian in Department 20 in the Old Courthouse, 2nd 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 27 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO DEEM MATTERS ADMITTED AND FOR MONETARY ...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT/ADJUDICATION. I. Statement of Facts. Plaintiff filed this verified complaint on 14 May 2019. 1 The complaint alleges causes of action under breach of contract and common counts. Plaintiff issued ...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION BY DEFENDANT DAY DREAM THERAPY FOR LEAVE TO FILE A CROSS‐COMPLAINT I. Statement of Facts. On March 27, 2018, Plaintiff Nazish Bukhari filed a complaint in the Superior Court for the County of Santa Clara. In her Complaint, Plainti...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS' MOTION TO COMPEL DEPOSITION, FOR PRODUCTION OF DOCUMENTS, AND SANCTIONS I. Statement of Facts. In or about 2006, plaintiff Josue Ramos (“Ramos”) and defendant Liliana Medina (“Liliana”)25 entered into a personal ro...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT FACEBOOK, INC.S' GENERAL DEMURRER TO SECOND AMENDED COMPLAINT I. Statement of Facts. David Nikoley (“Nikoley”), Senior Vice President of defendant Cassidy Turley, L.P. d/b/a DTZ (“Cassidy” or “DTZ”), approac...

Excerpt: ...ntative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT TO COMPEL ARBITRATION I. Statement of Facts. Plaintiff Dave Jorge filed a Complaint on August 9, 201946 against Defendants Tesla, Inc., dba Tesla Motors, Inc. (“Tesla”) and DOES 1‐10 for the following causes of action: Wor...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER TO COMPLAINT I. Statement of Facts. Defendant Kwok Leung Chan a/k/a Eric Chan (“Chan”) married Nga Yan Cheng (“Cheng”) in August 2008. (Complaint, ¶11.) Defendant Chan and Cheng separated in May 2014 and t...

Excerpt: ...ling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (“ SI”), SET ONE, AND HER REQUEST FOR PRODUCTION OF DOCUMENTS (“ RPD”), SET ONE. I. Statement of Facts. Plaintiff Jackie Sanchez (“Plaintiff”) filed this complaint on 2 Octobe...

Excerpt: ...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 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT LIMBIC, INC.'S MOTION TO COMPEL FURTHER RESPONSES AND REQUEST FOR SANCTIONS I. Statement of Facts. Plaintiff Hidden Elephant, Inc. (“HEI”) is a software development company creating games, utilities, and...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER DENYING DEFENDANT'S MOTION TO SET ASIDE AND VACATE JUDGMENT. I. Statement of Facts. Midland Funding, LLC (“Plaintiff”) filed this complaint on April 3, 2016.14 On June 9, 2017, Pro Per Defendant Mark Maynard filed a General Denial with ...

Excerpt: ...e tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO STAY I. Statement of Facts. Plaintiff Alan Brooks and Defendants Adomani, Inc., Boustead Securities, LLC, James L. Reynolds, and Michael K. Menerey are involved in the matter of M.D. Ariful Mollik, et. al. v. Adomani, Inc., et. al., a...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO DEEM REQUESTS FOR ADMISSIONS TO BE ADMITTED I. Statement of Facts. Plaintiff filed this complaint on 13 August 2019. 13 On 16 December 2020, Plaintiff propounded Request for Admissions Set Number One upon Defendan...

Excerpt: ...ing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT'S PETITION TO COMPEL ARBITRATION AND MOTION TO STAY DISCOVERY AND COURT PROCEEDINGS I. Statement of Facts. On December 20, 2019, Plaintiff Rahim M. Hassanally filed a Complaint15 alleging: two causes of action against Defendant ...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 May 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO VACATE AND SET ASIDE DEFAULT JUDGMENT AND RECALL AND QUASH ANY WRITS OF EXECUTION I. Statement of Facts. Defendant received an extension of credit from plaintiff in exchange for monthly payments. Plaintiff filed this complain...

Excerpt: ...CONTINUE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND ON DEFENDANT'S MOTION FOR A SECOND DEFENSE MEDICAL EXAMINATION. I. Statement of Facts. Plaintiff filed this complaint on 7 June 2019. 10 10 This Department intends to comply with the time requirements of the Trial Court Delay Reduction Act (Government Code, §§ 68600–68620). The California Rules of Court state that the goal of each trial court should be to manage limited and unlimited civil ...

Excerpt: ...PLAINTIFF TO COMPEL PRODUCTION OF DEFENDANT'S PMK AND FOR MONETARY SANCTIONS I. Statement of Facts. Plaintiff filed this complaint on 18 October 2018. 8 A trial date is set for 30 March 2020. This case is a matter arising out of a claimed violation of the Song‐Beverly Consumer Warranty Act. On 3 October 2015, plaintiff purchased a 2013 GMC Sierra 2500 HD. GM provided express and implied warranties that accompanied the sale of the vehicle. After...

Excerpt: ...VILA CHAVEZ TO COMPEL DEFENDANT HEDERANDY JAIMES SANTANA TO PROVIDE FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR MONETARY SANCTIONS I. Statement of Facts. Plaintiff filed this complaint on 26 July 2019.6 On August 25, 2017 at approximately 2:10 p.m., Plaintiff Bertha Avila Chavez (“Plaintiff") was driving her vehicle on Interstate 880 going northbound in the city of San Jose. She was involved in a mutli‐vehiclc collision in whic...

Excerpt: ...NDANT THE IRVINE COMPANY TO COMPEL PLAINTIFF TO PROVIDE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO I. Statement of Facts. Plaintiff filed this complaint on 22 October 2018. 5 This case arises out of a trip and fall accident that occurred on 5 February 2018 in the parking lot immediately in front of the Nob Hill Foods store located Within the Monticello Retail Center in Santa Clara, California. Plaintiff alleges various phys...

Excerpt: ...l. ORDER ON DEMURRER BY DEFENDANT FAY SERVICING, LLC TO PLAINTIFFS' FIRST AMENDED COMPLAINT I. Statement of Facts. Plaintiffs Hector Cerezo and Aida Cerezo (collectively, “Plaintiffs”) are owners of real property located at 822 Cape Town Place in San Jose (“Property”). (First Amended Complaint (“FAC”), ¶4.) Plaintiffs obtained a loan secured by the Property in or around November 2006. (FAC, ¶8.) Plaintiffs executed a Deed of Trust a...

Excerpt: ...e. 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 9 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON DEFENDANT'S DEMURRERS AND MOTION TO STRIKE. I. Statement of Facts. Plaintiff filed this complaint on 20 September 2019.1 Plaintiff's 78 page complaint appears to be nothing more than matters copied from some kind of le...

Excerpt: ...uling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO COMPEL DEFENDANT'S COMPLIANCE WITH RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR SANCTIONS The matter is also set for a Case Management Conference and will ask about the status of mediation and will consider setting a trial...

Excerpt: ...uling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANTS TO DECLARE PLAINTIFF TO BE A VEXATIOUS LITIGANT I. Statement of Facts. Plaintiff filed this complaint on 27 May 2016. 7 At that time, he was represented by Attorney Timothy A. Lundell, Esq. the complaint alleges causes of action to qui...

Excerpt: ...nsel. ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION I. Statement of Facts. Plaintiff BBBB Bonding Corporation ("Bad Boys") is a leading company in the provision of bail bonds in Northern and Southern California. (First Amended Complaint (“FAC”), ¶8.) Bad Boys experienced a constant surge of growth due to its innovative marketing techniques which include the creation and use of a confidential list of...

Excerpt: ...ASH SUBPOENA TO OPPOSING COUNSEL AND FOR A PROTECTIVE ORDER; REQUEST FOR SANCTIONS. I. Statement of Facts. Plaintiff filed this complaint on 22 May 2019.42 In this matter, Plaintiffs have alleged a breach of fiduciary duty and fraud against Liou and Golden California Regional Center (GCRC). Plaintiffs have alleged that GCRC (and Liou as the alter ego of GCRC) retained Buchalter to represent Liou, GCRC and the Cupertino Fund, LP in a conflict of i...

Excerpt: ...T TO COMPEL ARBITRATION I. Statement of Facts. Plaintiff filed this 22‐page complaint on 11 September 2019.34 Ms. Wong claims that she was wrongfully terminated by defendants Tatarko, Cohen and Houzz, Inc. The issue here is whether plaintiff is compelled to submit this matter to arbitration when she purportedly signed a Proprietary Information and Inventions Assignment Agreement (“PIIA”), which included an arbitration agreement which includ...

Excerpt: ...ER ON PLAINTIFF AND CROSS‐DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION I. Statement of Facts. Complaint Plaintiff Patricia Wong, as trustee of the Wong Family Trust dated September 11, 2014 (“Plaintiff”), filed this complaint on 3 May 2019.4 Plaintiff is the widow of Daniel Wong and the sole owner/shareholder of Sangha Enterprises Inc. (“Sangha”). (Complaint, ¶¶1 and 9.) Sangha was incorporated on or about 22 March 1973 and was an acti...

Excerpt: ...ER GRANTING MOTION OF PLAINTIFF FOURFRONT SALES, INC. FOR LEAVE TO FILE SECOND AMENDED COMPLAINT I. Statement of Facts. Plaintiff filed this complaint on 22 February 2019.5 Plaintiff/Cross‐Defendant Fourfront Sales, Inc. ("Fourfront") seeks leave of this Court to file a Second Amended Complaint seeking to include allegations regarding a recently‐discovered amendment to the agreement between Defendant/Cross‐Complainant Finisar ("Finisar") an...

Excerpt: ...ON MOTION FOR JUDGMENT ON THE PLEADINGS BY DEFENDANTS FORD MOTOR COMPANY AND TUTTLE‐ CLICK FORD, INC. I. Statement of Facts. On or about 30 January 2011, plaintiff Beth Mangiapane (“Plaintiff”) purchased a 2011 Ford Edge (“Vehicle”) from defendant Tuttle‐Click Ford, Inc. dba Tuttle‐ Click Ford Lincoln (erroneously sued as Tuttle‐Click Ford Lincoln Mercury, Inc.; hereafter, “TC”) which was manufactured and/or distributed by def...

Excerpt: ...e. 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 24 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS AND FOR SANCTIONS I. Statement of Facts. Plaintiff filed this complaint on 12 December 2018.2 Plaintiff Timothy Weaver (“Plainti...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON CROSS‐DEFENDANT AMRUTHA TAMANAM'S DEMURRER TO FIRST AND SECOND CAUSES OF ACTION IN CROSS‐COMPLAINT I. Statement of Facts. Plaintiff filed this complaint on 10 May 2019.1 This Complaint is brought by Plaintiff Amrutha Tamanam...

Excerpt: ...e. 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 24 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF CSI [ELECTRICAL]28 CONTRACTORS, INC., ANDREW SOFFA, TROY [CARLTON], AND DAVID WEIR TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES; SPECIAL INTERROGATORIES; REQUEST FOR PRODUCTION OF DOCUMENTS AND REQU...

Excerpt: ...ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT CHERI SALAZAR TO DISMISS OR STAY COMPLAINT AS AGAINST DEFENDANT CHERI SALAZAR AND TO COMPEL ARBITRATION AFTER COMPLETION OF THIS LEGAL ACTION BETWEEN PLAINTIFF AND OTHER DEFENDANTS I. Statement of Facts. Plaintiff Farrand filed thi...

Excerpt: ...ng must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF PLAINTIFFS TO DEEM REQUESTS FOR ADMISSIONS TO BE ADMITTED; COMPELLING DEFENDANTS TO RESPOND TO WRITTEN INTERROGATORIES, DOCUMENT PRODUCTION AND ORDERING GARY JOHNSON AND CONNIE BLUCK TO APPEAR FOR DEPOSITION I. Statement of Facts. Plaintif...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT CITY OF SAN JOSE'S MOTION FOR SUMMARY JUDGMENT I. Factual and Procedural Background On 18 November 2017, after crossing Cinnabar Street on eastbound N. Montgomery Street in San Jose, plaintiff Mary Ellen Steven...

Excerpt: ...e. 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 10 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON DEFENDANTS' DEMURRER TO PLAINTIFFS' COMPLAINT AND DEFENDANTS' MOTION TO STRIKE MATTERS FROM PLAINTIFFS' COMPLAINT I. Factual and Procedural Background Daisy Juntado (‘Decedent”) was born on 10 June 1941 and was...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 27 August 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT MARIANI'S INN AND RESTAURANT, INC.'S DEMURRER TO PLAINTIFF CARMEN JOHN PERRI'S COMPLAINT I. Factual and Procedural Background Plaintiff Carmen John Perri (“Plaintiff”) is mobility impaired and requires informati...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 February 2020. Please specify the issue to be contested when calling the Court and Counsel. PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S COMPLIANCE UNDER CODE OF CIVIL PROCEDURE, §2031.320 TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO This matter is on for Trial Setting Conference on this date at 11:00 AM in ...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE COMPLAINT I. Factual and Procedural Background This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant Ap...

Excerpt: ...se. 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 29 January 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER OVERRULING DEMURRER OF DEFENDANT WENDT & SONS CONSTRUCTION, INC TO PLAINTIFF CHVERON U.S.A.'S FIRST AMENDED COMPLAINT I. Factual and Procedural Background This is a negligence and breach of contract case. Plaintiff...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on Monday, 27 January 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PETITION OF CITY OF SAN JOSE FOR DISPOSITION OF WEAPONS I. Statement of Facts. On July 8, 2019, officers from the San Jose Police Department were dispatched to a residence in San Jose, California on a report of a mentally di...

Excerpt: ...ing must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on Monday, 27 January 2020. Please specify the issue to be contested when calling the Court and Counsel. PLAINTIFF'S MOTION TO LIFT STAY AND TO APPOINT A FORENSIC EXPERT I. Factual and Procedural Background In or about June 2016, defendant Wen Fang Wang (“Wang”) approached plaintiff X. Young Lai (“Lai”) for legal representation in her divorce case. (F...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808 and the opposing party no later than 4:00 PM on 27 August 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT ELI ASSOULINE'S MOTION FOR SUMMARY JUDGMENT I. Factual and Procedural Background Plaintiffs filed this case on May 2, 2018. 1 Plaintiffs Ashley Sterling and Matthew Sterling (collectively, “Sterlings”) are owners...