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Location: Santa Clara x
Judge: Takaichi, Drew C x
2023.01.12 Demurrer 744
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.12
Excerpt: ...kground This is an action for ejectment and declaratory relief. According to the complaint, plaintiff 577 Campbell LLC (“Plaintiff” or “577 Campbell”) is the owner of a two‐story office building on real property located at 577 Salmar Avenue in Campbell, California (“the Property”). (Complaint at ¶ 1.) Plaintiff is entitled to possession of a certain portion of the first floor of the Property, including, but not limited to offices o...
2023.01.10 Motion to Extinguish or Strike Lien 182
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.10
Excerpt: ...treatment, and psychological treatment for mental and emotional stress from the accident. On or about February 4, 2022, plaintiff and defendant reached settlement of the lawsuit for $250,000. Plaintiff is eligible for “full‐ scope” Medi‐Cal services available through the Medi‐Cal program, and from the time of injury to settlement of the lawsuit, Medi‐Cal paid $54,214 in injuryrelated medical expenses for plaintiff. Plaintiff provided ...
2023.01.10 Motion to Compel Deposition of PMQ, Production of Docs 438
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.10
Excerpt: ...ond to the petition and oppose the motion to compel. Petitioner is the plaintiff and Cytrio, Inc. is the defendant in the subject action outside California, State of Massachusetts, County of Middlesex case no. 2181CV00081 (“MA action”). On December 27, 2022, respondent‐third party, Zymr, Inc. filed opposition to the motion to compel. On January 3, 2023, petitioner filed reply. According to the moving papers, on January 12, 2021, petitioner ...
2023.01.10 Motion to Compel Arbitration and Stay Proceedings 755
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.10
Excerpt: ... October 3, 2022, defendants filed the instant motion to compel arbitration and stay proceedings. On December 27, 2022, plaintiff filed opposition. Procedural issue Preliminarily, plaintiff's opposition is procedurally defective because it is 19 pages in length, and thus, exceeds the mandated page limit. (See Cal. Rules of Court, rule 3.1113(d) [no opening or responding memorandum may exceed 15 pages, except in a summary judgment or adjudication ...
2023.01.10 Demurrer to FAC, Motion to Strike 604
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.10
Excerpt: ... Xu Pengfei (“Xu”), to defraud Plaintiff, and Ruan added non‐Google employee Xu to the Telegram group. (See FAC, ¶¶ 11, 75.) In accordance with this scheme, on May 12, 2022, Xu contacted Plaintiff and proposed that Plaintiff wire Chinese renminbi (RMB) and in exchange, Xu would wire Plaintiff US dollars (USD) based on current exchange rates, and provided Ruan's name as a reference. (See FAC, ¶¶ 12‐13.) Plaintiff and Ruan then exchange...
2023.01.10 Demurrer to FAC 558
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.10
Excerpt: ...old Plaintiff that Plaintiff was “drunk,” and when Plaintiff stood up from the bench, Plaintiff was pushed backwards and then shoved backward despite retreating from Defendant's employee. (Id.) There was nothing to suggest that Plaintiff was guilty of disorderly conduct pursuant to Penal Code § 647. (Id.) The City of Palo Alto Police Department arrived, detained Plaintiff and conducted a field sobriety test on Plaintiff. (Id.) Plaintiff cont...
2023.01.10 Demurrer 144
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2023.01.10
Excerpt: ...2‐3 years under the management executives, defendants Joe TaiChang Wu (“Joe”), and Gloria Mei Wu (“Gloria”), who had extensive experience in real estate development. (See complaint, ¶¶ 32‐33.) Business plans were presented to Plaintiffs in February 2014 and then June 2014, indicated a development timeline of 36 and then 72 months, a capital structure including EB‐5 investment, financial projections and the key officers of the mana...
2022.12.22 Demurrer 010
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.22
Excerpt: ...in TPx's unit resulted in a flooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐complaint (“XC”) against cross‐defendant Honeywell International ...
2022.12.13 Motion to Compel Further Responses, for Sanctions 249
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.13
Excerpt: ...ons to compel further responses. Background On May 11, 2021, plaintiffs Ahmad Wali Momand, Wali Momand, Ahmad Nadiem Daniel Momand, and Momand Najla (“plaintiffs”) filed complaint against defendants Frit San Jose , Stephanie Colbert and Sherry Nguyen alleging causes of action for breach of warranty of habitability; breach of implied warranty of habitability; violations of the Civil Code; breach of quiet enjoyment; private nuisance; premises l...
2022.12.13 Motion for Attorney Fees 204
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.13
Excerpt: ...on to strike the complaint was denied. In opposition to the motion, plaintiffs requested attorney's fees which was denied without prejudice, subject to a noticed motion and attorney declaration to support an award of fees. On September 30, 2022, plaintiff filed the instant motion for attorneys' fees as sanctions against defendant and attorney for defendant, pursuant to Code of Civil Procedure sections 128.5 and 425.16 On November 29, 2022, defend...
2022.12.13 Demurrer 558
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.13
Excerpt: ...old Plaintiff that Plaintiff was “drunk,” and when Plaintiff stood up from the bench, Plaintiff was pushed backwards and then shoved backward despite retreating from Defendant's employee. (Id.) There was nothing to suggest that Plaintiff was guilty of disorderly conduct pursuant to Penal Code § 647. (Id.) The City of Palo Alto Police Department arrived, detained Plaintiff and conducted a field sobriety test on Plaintiff. (Id.) Plaintiff cont...
2022.12.08 Demurrer, Motion to Strike 481
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.08
Excerpt: ... behalf of Lu with the permission and consent of Lu. (See XC, ¶ 5.) Schvartzbard was then required to immediately report use of the stamp and writing of the check to Lu's accounting personnel. (Id.) During Schvartzbard's employment under Lu, he wrote checks on Lu's bank checking account to himself, signed the written check with the facsimile stamp, did not report the checks to Lu's accounting personnel and then used the funds for his own use and...
2022.12.08 Motion for Leave to Amend Complaint 834
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.08
Excerpt: ...(“XC”) against cross‐defendants URS Corporation (“URS”) and Anderson Pacific Engineering Construction, Inc. (“APEC”) asserting claims for apportionment of fault, indemnification and declaratory relief. On February 26, 2021, APEC filed cross‐ complaint against cross‐defendants City, URS and AAA Fence Company, Inc. (“AAA”) alleging causes of action for express indemnity defense, implied indemnity, equitable indemnity, apportio...
2022.12.08 Special Motion for Attorney Fees 414
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.08
Excerpt: ...dan”) and Kirk Ballard (“Ballard”). On August 19, 2022, defendants Jacobs filed motion for attorneys' fees and costs pursuant to Code of Civil Procedure section 425.16 (line 10 on the calendar). On October 27, 2022, defendants City, Jordan and Ballard filed a separate motion for attorneys' fees and costs pursuant to Code of Civil Procedure Section 425.16 (line 11). On November 23, 2022, plaintiff filed opposition to both motions of defendan...
2022.12.06 Motion to Compel Further Responses 738
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.06
Excerpt: ...ervision, and retention; retaliation in violation of FEHA; wrongful termination; and retaliation in violation of the Labor Code. It is alleged that the three individual defendants are employed by defendant Cirexx in management and executive positions, and in those positions, sexually harassed plaintiff. It is alleged that the three individual defendants continue to be employed by Cirexx. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST F...
2022.12.06 Motion for Trial Preference 223
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.06
Excerpt: ...nt further alleges that the operations of Arseen are controlled by Ninos, to plaintiff's exclusion, and that Ninos uses assets of Arseen for personal gain, and unilaterally disposes assets of Arseen. Plaintiff therefore seeks dissolution of Arseen to protect plaintiff's rights and interests in Arseen. On August 18, 2022, Freidrik filed the instant motion for trial preference. On November 21, 2022, defendants Ninos and Arseen each filed opposition...
2022.12.01 Motion to Strike 209
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.01
Excerpt: ...s a home improvement contractor, engaged in the business of home improvement. (Cross‐Complaint at ¶ 5.) Wesley was engaged in a work of home improvement at 18330 Crystal Drive, Morgan Hill, California (the “Cross‐Complainants' Home”), a residential property including repairing, remodeling, altering, converting, or modernizing of, or adding to Cross‐Complainants' Home. (Id. at ¶ 6.) The work commenced in 2021. (Ibid.) During the course...
2022.12.01 Motion to Continue Trial 365
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.01
Excerpt: ...tor vehicle while crossing a street as a pedestrian in Milpitas, CA. On April 26, 2022, at trial setting conference, trial was set for January 23, 2023. The last day for trial, extended six months by emergency order, is September 23, 2023. On September 30, 2022, defendant City filed and served motion for summary judgment. Pursuant to Santa Clara County Local Rules, rule 8C, the date and time of hearing is left blank, and the clerk of court review...
2022.12.01 Motion to Compel Further Responses 488
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.01
Excerpt: ...ation and consumer fraud arising from injuries sustained from an unexpected engagement of the vehicle by the minor plaintiff (then age two years old) that struck and injured plaintiff Mallory Harcourt in the garage of plaintiffs' residence. On or about November 15, 2019, the action was transferred to the Superior Court of Santa Clara County. Trial is set for January 9, 2023. On October 12, 2022, plaintiffs filed the instant motion to compel furth...
2022.12.01 Motion for Summary Adjudication 557
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.12.01
Excerpt: ...as a Radiology Reading Room assistant, reporting to Becki Perkins (“Perkins”), the Radiology Manager, and Casey Carlson (“Carlson”), Director of Imaging. (See complaint, ¶¶ 10‐11.) During the summer of 2015, Plaintiff befriended another African American employee who also worked in the Radiology Department, but was told to not associate with the employee due to the appearance of favoritism. (See complaint, ¶ 12.) After this incident, ...
2022.11.29 Motion to Compel Production of Docs 891
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.11.29
Excerpt: ...dants. The funds were distributed to plaintiff for plaintiff's benefit from the Treble Family Trust (“Trust”), a trust in which plaintiff is a settlor, trustee and beneficiary, and then loaned by plaintiff to defendants. The sum of $124,000 has been repaid to plaintiff, and it is alleged that a balance of principal and accrued interest of $858,365 is due and owed by defendants on the loan. On September 9, 2022, Urban filed the instant motion ...
2022.11.29 Demurrer 478
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.11.29
Excerpt: ...ry vision, pain and fatigue at work, and hired a reputable engineering firm to address those issues. (Id.) Soon thereafter, SCU's behavior towards Plaintiff changed from being supportive and inclusive to marginalizing. (See FAC, ¶¶ 22‐23.) On May 23, 2018, Plaintiff was walking on campus and experienced a sharp pain in a part of her body, resulting from some contact at the time. (See FAC, ¶ 24.) Later that evening, she extracted small object...
2022.11.03 Request for Recovery of Estimated Court Reporter Fees 260
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.11.03
Excerpt: ...sts. On August 10, 2022, plaintiff filed the instant motion for attorney's fees and costs. On October 21, 2022, defendant filed opposition and on October 27, 2022, plaintiff filed reply. Request for judicial notice Plaintiff requests judicial notice of judgment for attorneys' fees and costs entered in a Mendocino County Superior Court action involving parties unrelated to the parties in the instant action. While the court may grant judicial notic...
2022.11.03 Motion to Strike 452
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.11.03
Excerpt: ...anuary 19, 2021, Plaintiffs Sherry Clark and Robert Clark filed the instant action against Defendants URI and Sumner. On June 29, 2022, plaintiffs filed the Unverified First Amended Complaint for Damages (“FAC”), the operative pleading, alleging the following causes of action: 1. Strict Products Liability: Design Defect – Defendant Sumner 2. Strict Products Liability: Failure to Warn – All Defendants 3. Products Liability – All Defendan...
2022.11.03 Motion to Dismiss Action for Delay in Prosecution 806
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.11.03
Excerpt: ...s (“Summers”) , John Trowbridge (“Trowbridge”), Jane Green, and Old Republic Title. On February 17, 2021, plaintiffs filed the operative fourth amended complaint alleging 10 causes of action in connection with foreclosure of deeds of trust against a real property of plaintiffs (“4AC”). On September 27, 2021, the motion of defendant Knapp to compel arbitration of the action was granted. No action was taken by plaintiff to initiate arbi...

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