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Judge: Huber, Joseph x
2021.08.31 Motion for Judgment on the Pleadings 306
Location: Santa Clara
Judge: Huber, Joseph
Hearing Date: 2021.08.31
Excerpt: ...ings, arising out of the alleged failure to pay for legal services rendered. According to the allegations of the FAC, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (FAC, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) At their initial and subsequent me...
2021.08.31 Demurrer 365
Location: Santa Clara
Judge: Huber, Joseph
Hearing Date: 2021.08.31
Excerpt: ..., on June 5, 2017, Quality and Lafitte entered into a written contract pursuant to which the former agreed to make various improvements on Lafitte's residence, including the installation of a new roof and a solar energy system and the replacement of gutters and downspouts. (Complaint, ¶¶ 7‐8.) Lafitte allegedly breached the contract by failing and refusing to pay Quality the amounts due under the parties' agreement. (Id., ¶ 9.) 2. Cross‐Co...
2021.08.31 Demurrer 302
Location: Santa Clara
Judge: Huber, Joseph
Hearing Date: 2021.08.31
Excerpt: ...he “Loan”) in the amount of $300,000 from Cal State 9 Credit Union (“Cal State 9”), secured by a Deed of Trust (“DOT”) encumbering real property located at 4818 Shady Meadows Place (the “Subject Property”) recorded on March 14, 2006. (FAC, ¶ 7, Exhibit A.) In July 2007, the National Credit Union Administration (“NCUA”) and the California SSA transferred primary supervision of Cal State 9 to NCUA's Division of Special Actions....
2021.06.29 Special Motion to Strike, Demurrer 794
Location: Santa Clara
Judge: Huber, Joseph
Hearing Date: 2021.06.29
Excerpt: ...mplaint (“SAC”), in 1986, plaintiffs David Marcus (“David”) and Sonja M. Marcus (“Sonja”) purchased a house located at 22210 Quinterno Court in Cupertino.1  (SAC, ¶ 4.) Thereafter, the property was transferred to David and Sonja as cotrustees of the Marcus Living Trust Dated May 4, 1989 (“Trust”). (Ibid.) When David and Sonja purchased the property, they were aware “that the original owner of the subdivision who lived in the ...
2021.06.29 Demurrer 776
Location: Santa Clara
Judge: Huber, Joseph
Hearing Date: 2021.06.29
Excerpt: ... are parties in a currently ongoing marital dissolution action, In re Marriage of Allison Huynh and Scott Hassan, 2015‐6‐ FL‐013853. The original and still operative Complaint in this action was filed on July 28, 2020. The Complaint states three causes of action, each alleged against both Defendants: 1) Breach of Fiduciary Duty; 2) Intentional Interference with Prospective Economic Advantage, and; 3) Negligent Interference with Prospective ...
2021.06.22 Demurrer, Motion to Strike 705
Location: Santa Clara
Judge: Huber, Joseph
Hearing Date: 2021.06.22
Excerpt: ...eep Dodge (“Stevens Creek Chrysler”). (FAC, ¶ 9.) Express warranties accompanied the sale of the Subject Vehicle to Plaintiff by which FCA undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or provide compensation if there was a failure in such utility or performance. (Id. at ¶ 10.) The Subject Vehicle was also accompanied by an implied warranty of fitness and merchantability. (Id. at ¶¶ 41‐42.) The Subj...

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