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Judge: Monahan, William x
2021.08.12 Motion to Compel Further Responses, for Monetary Sanctions 605
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.08.12
Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant to Compel Further Responses to Request for Production of Documents, Set One, and for Monetary Sanctions. I. Statement of Facts. This complaint was filed on 25 June 2020.2 Plaintiff, a member o...
2021.08.12 Motion to Compel Deposition, for Protective Order 165
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.08.12
Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motion of Plaintiff to Compel Deposition of Larry Smead and on Motion of Defendant for Protective Order. I. Statement of Facts. The facts of this kinetic lawsuit are well known to the Court. In July 2018, Mr. Soffa w...
2021.06.03 Motion to Compel Further Responses, for Monetary Sanctions 048
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.06.03
Excerpt: ...s to Plaintiff, within 10 days of this order. On 9/15/2020, the court granted Plaintiff's motion to compel Defendant to further respond to 11 interrogatories from Plaintiff finding that Defendant's responses were “not Code‐complaint and did not fairly answer the interrogatories.” On 10/5/2020, Defendants' verified responses to SI Nos. 1, 3, 5, 7, 8 and 10 were “YES”. Defendant's verified responses to SI Nos. 2, 4, 6, 8, 9, and 11 basica...
2021.06.03 Motion for Summary Judgment 784
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.06.03
Excerpt: ...ively, “Owners”) own a building located at 224 North 27th Street in San Jose (the “Property”). Defendants, in turn, are the owners of a cellular antenna tower located on the roof of the building. (Complaint, ¶ 7.) On May 4, 2016, Plaintiff, an employee of ProCell, was at the Property to perform maintenance and/or repairs to the aforementioned tower. (Id., ¶ 8.) In order to access the tower, Plaintiff was forced to use a ladder affixed t...
2021.06.01 Motion to Strike 218
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.06.01
Excerpt: .... According to the allegations of the Complaint, for the last nine years, Defendant issued to Plaintiff an Accountants Professional Liability Insurance Policy which provided coverage for acts, errors, and omissions in the rendering of accounting services. (FAC, ¶ 6.) The policy issued for the period 1/18/17 to 1/18/18 (the “Policy”) provided, in part, that Defendant would pay “those sums that an Insured becomes legally obligated to pay as ...
2021.06.01 Motion to Set Aside Default 232
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.06.01
Excerpt: ...lief for fraud and mistake is clearly warranted. On July 12, 2019, Plaintiff Chartwell Staffing Services, Inc. dba Chartwell Staffing Solutions (“Plaintiff”)'s former attorney duplicitously assured Defendant that it need not file a responsive pleading by representing that Plaintiff was going to file a First Amended Complaint. For this reason, Defendant did not file a responsive pleading. In late March/early April 2020, Defendant's counsel Ber...
2021.06.01 Motion for Summary Judgment, Adjudication 783
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.06.01
Excerpt: ...der”). The Order re‐opened fact and expert discovery, set a trial date of August 9, 2021, and a summary judgment and in limine briefing schedule with moving papers due February 16, 2021, and opposition due April 30, 2021. Following that Order, Defendant timely re‐filed and re‐served its motion for summary judgment, or in the alternative motion for summary adjudication, and two in limine motions (1) to exclude the opinions of Plaintiff's m...
2021.06.01 Demurrer 446
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.06.01
Excerpt: ...'s rental agreement was for more than a month and was made through Airbnb. (Id.) Plaintiff alleges that he left due to threats from his landlord, Defendant, not to renew the lease on the Property that he rented from the owner unless he paid back rent that was due from October 25, 2020 until November 21, 2020. (Id.) Plaintiff further alleges that he was unable to submit a declaration of hardship to Defendant pursuant to California Assembly Bill 30...
2021.05.27 Demurrer 999
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.05.27
Excerpt: ... Covid‐19 pandemic. Congress authorized PPP loans as part of the so‐called “CARES Act,” which authorized lenders to pay PPP loan agents a fee between a quarter and one percent of the loan depending on the amount borrowed. (Complaint, ¶ 1.) By April 6, 2020, Plaintiff had a cache of over $10,000,000 worth of PPP applications that needed to be processed by an authorized financial institution. (Complaint, ¶ 12.) On that day, Plaintiff comm...
2021.04.06 Demurrer 802
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.04.06
Excerpt: ...4 – 6 This matter will be heard by the Honorable Judge William J. Monahan 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 5 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT COUNTY OF SANTA CLARA'S DEMURRER TO PLAINTIFFS' FIR...
2021.04.01 Demurrer, Motion to Strike 665
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.04.01
Excerpt: ...tative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S (1) DEMURRER TO PLAINTIFFS' FOURTH AMENDED COMPLAINT AND (2) MOTION TO STRIKE PLAINTIFFS' FOURTH AMENDED COMPLAINT I. Statement of Facts. On or about 17 March 2018, Frank ...
2021.04.01 Motion for Relief from Waiver 299
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.04.01
Excerpt: ... ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS TO PLAINTIFF'S DISCOVERY REQUESTS FOR EXCUSABLE NEGLECT The following motion(s) came on regularly for hearing on April 1, 2021, at 9:00 a.m. in Department 20, Honorable William J. Monahan presiding. The matter...
2021.04.01 Motion to Compel Responses 299
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.04.01
Excerpt: ... ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO COMPEL RESPONSES TO FIVE SETS OF DISCOVERY AND REQUEST FOR MONETARY SANCTIONS The following motion(s) came on regularly for hearing on April 1, 2021, at 9:00 a.m. in Department 20, Honorable William J. Monahan presiding. The matter...
2021.03.30 Demurrer 472
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.03.30
Excerpt: ...tative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Judge Monahan disclosed that his sibling works as an employee assembling vehicles for Plaintiff Tesla, Inc. ORDER ON (1) DEFENDANTS RIVIAN AUTOMOTIVE, INC. AND RIVIAN AUTOMOTIVE, LLC'S DEMURRER TO SECOND AMENDED COMPLAINT; (2) DEFENDANTS SAVAYIA BERO, TAMI...
2021.03.18 Special Motion to Strike, for Attorney Fees, Demurrer 329
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.03.18
Excerpt: ...rassment, denial of employment benefits and other adverse actions that traumatized and disabled Plaintiff from working due to major depression and anxiety disorder. (See complaint, ¶ 7.) In February 2006, upon his placement on medical leave, Plaintiff filed a workers' compensation claim with the risk management of City's Human Resources department (“HR”). (See complaint, ¶ 8.) In May 2006, the independent Qualified Medical Evaluator (“QME...
2021.03.18 Motion to Strike, to Quash Service of Summons 846
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.03.18
Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...
2021.03.18 Motion for Summary Judgment 741
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.03.18
Excerpt: ... 7‐ Eleven, Inc. formerly known as Southland Corporation (“7‐Eleven”), amended the lease to grant an additional ten years to them and two additional successive five‐year options. (UMF 2.) On June 30, 2009, 7‐Eleven exercised their option and renewed the lease for an additional five years beginning October 1, 2009 and ending on September 30, 2014 on the same conditions as provided in the lease. (UMF 3.) On December 30, 2013, 7‐Eleven...
2021.02.18 Demurrer 430
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2021.02.18
Excerpt: ...on (“Plaintiff”) against Defendant New York Style Company (“Defendant”), Plaintiff's former employer. Plaintiff's original complaint was filed on July 17, 2020. The operative First Amended Complaint (“FAC”) was filed on October 15, 2020. The FAC alleges (at ¶16) that Plaintiff was terminated on April 27, 2020. The FAC further alleges (at ¶20) that Plaintiff filed a complaint with the DFEH on August 25, 2020, after the original compl...
2020.10.15 Motion for Summary Adjudication 111
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2020.10.15
Excerpt: ...endant”), an Illinois LLC, over the enforceability of a non‐competition and non‐solicitation clause in his written employment agreement, which for an 18 month period after the employment ends barred Plaintiff from working for or doing business with essentially anyone he came into contact with during his employment with Defendant. The agreement also contained a forum selection clause requiring any legal disputes to be heard in Illinois. Ther...
2020.10.15 Demurrer 090
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2020.10.15
Excerpt: ...rocedural Background This is a personal injury action. According to the allegations of the operative FAC, on December 14, 2017, Miskell and Doe defendants 1 to 20 negligently operated a motor vehicle at South McGliney Lane in Campbell, California, causing injuries and damages to Plaintiff. (Complaint, ¶¶ MV‐1, MV‐2, & 11.) Defendant Corinthian Ground Transportation, L.A., Inc., defendant Jason Spaits (“Spaits”), Knapp, and Doe defendant...
2020.07.16 Motion to Compel Further Responses 720
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2020.07.16
Excerpt: ...ay Wages; 6) Common Count; 7) Violation of Labor Code §203; 8) Conversion; 9) Violation of Labor Code §2802, and; 10) Unfair Competition. Currently before the Court are Plaintiff's separately filed motions to compel 1) further responses to requests for production of documents (“RFPDs”) from Defendant ViewRay Technologies, Inc., filed February 18, 2020 and originally set for hearing on May 5, 2010, and; 2) further responses to form interroga...
2020.07.16 Motion for Judgment on the Pleadings 276
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2020.07.16
Excerpt: ... ¶7.) Plaintiff Rad and defendant Pakdaman entered into a written fee agreement on August 1, 2017. (Id.) Pursuant to the written agreement, plaintiff Rad agreed to represent defendant Pakdaman in the Underlying Action and defendant Pakdaman agreed to pay plaintiff Rad legal fees for services rendered on behalf of defendant Pakdaman calculated at the normal hourly rates and agreed to reimburse plaintiff Rad for costs incurred. (Complaint, ¶8.) D...

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