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Location: Santa Clara x
Judge: Deen, Shella x
2022.12.20 Demurrer, Motions to Strike 947
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.12.20
Excerpt: ...ed at 11600 Magdalena Avenue in Los Altos Hills, California, consisting of a single family residence adjacent to a cottage (“Property”). (Complaint at ¶ 2.) Defendant Katy Lee dba KLEE Real Estate and Property Management (“Lee”) is a real estate broker licensed by the State of California. (Id. at ¶¶ 3‐4.) On May 8, 2021, defendant Lee provided Plaintiffs with a document entitled “Disclosure Regarding Real Estate Agency Relationship...
2022.11.10 Motion for Summary Judgment, Adjudication 558
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.11.10
Excerpt: ...nd did not return the remaining $16,200.00. (See FAC, ¶¶ 14‐18.) Defendant also altered receipts and stated amounts on envelopes so as to conceal her misappropriation of funds. (See FAC, ¶¶ 19‐20.) On May 5, 2020, Decedent passed away in the Philippines. (See FAC, ¶ 21.) Plaintiffs Maria Teresa Arteche De Torres, Eduardo Balbino Arevalo Arteche, Susan Arteche Jose, Rosemarie Arteche Clemente and Rodolfo Arevalo Arteche (collectively, “...
2022.11.10 Motion to Quash 604
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.11.10
Excerpt: ...sfer arranged by Defendant. (FAC ¶¶ 20, 22.) Defendant vouched for the credibility of non‐party Xu Pengfei (“Xu”), Defendant's boyfriend. (Id. at ¶¶ 13‐14.) The parties and Xu corresponded through a group within the messaging application, Telegram. (Id. at ¶ 10.) The Telegram group was exclusive to United States‐based Google employees with foreign currency exchange needs. (Id. at ¶ 11.) The FAC further alleges Plaintiff and Xu agr...
2022.11.08 Demurrer 779
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.11.08
Excerpt: ... project in San Jose known as “Downtown West.” (See FAC, ¶¶ 1‐2, 42‐47.) Defendants Peter Gill Case, Matthew Owen Case, Warren Titus Weber, Otis Klingbeil, Laurance Rockefeller, Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan B. Spruyt, Emily Lee, Ava Learnard, Otto Learnard, Louise R. Lord, Peter A...
2022.11.08 Demurrer 404
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.11.08
Excerpt: ...us.patpat.com/ (“website”). (Id. at ¶¶ 4, 9.) The website provides access to Defendant's array of products and services, including descriptions of its products, amenities and services, online store, and many other benefits related to its products and services. (Id. at ¶ 9.) The website contains access barriers that prevent free and full use by Plaintiff and other blind persons using screen reading software. (Id. at ¶ 19.) The website's ba...
2022.06.02 Motion to Compel Further Responses 975
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.06.02
Excerpt: ...tiff was a passenger on a motorcycle that was travelling southbound on US‐101 in the City of Mountain View. Plaintiff alleges the motorcycle encountered a deep cavity in the highway that caused the motorcyclist to lose control of the motorcycle and Plaintiff was ejected and fell onto the pavement and suffered injuries. The First Amended Complaint alleges that the physical condition of the roadway constituted a dangerous condition of public prop...
2022.06.02 Demurrer 527
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.06.02
Excerpt: ...of Plaintiff's employment on July 29, 2019. (See FAC at ¶2.) Both the original complaint and the FAC list seven defendants on its caption page: Leland Stanford Junior University, Jane Duperrault, Larry Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier‐Lavigne, and Ronald Pearl. Currently before the Court is a demurrer to the FAC brought by all seven defendants (hereafter “Defendants”). Defendants' demurrer was filed on March 11, 2022. ...
2022.05.31 Motion to Quash 005
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.05.31
Excerpt: ...ash based on Petitioners' failure to comply with the statutory requirements for service. On November 10, 2021, a three‐arbitrator panel served its final arbitration award, which triggered a 100 day period for Petitioners to serve and file a petition to challenge the award. Cal. Civ. Proc. Code § 1288. On the 99th day Petitioners commenced this action on February 17, 2022 by filing a Petition to Correct Arbitration Award (“Petition”). The P...
2022.05.31 Demurrer 879
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.05.31
Excerpt: ... this action was filed on January 29, 2021. The operative pleading, the First Amended Complaint (“FAC”), was independently filed in November 29, 2021. Plaintiff was Decedent's caregiver, assistant, personal friend, and companion for over seven years. (FAC, ¶ 2.) Plaintiff worked for Decedent in consideration of a 50% interest in Decedent's will constituting Decedent's entire, exclusive estate plan, which was valued at $1,000,000.00. (Id. ¶�...
2022.05.31 Demurrer 828
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.05.31
Excerpt: ...ented Defendant Paul Nguyen are not related. Plaintiffs' original complaint was filed on April 7, 2021. Their last operative pleading was the Second Amended Complaint (“SAC”) filed on August 31, 2021. Defendant Nguyen filed a demurrer to the SAC and motion to strike portions of the SAC which was scheduled for hearing on January 20, 2022. In advance of the hearing the Court (Hon. Kirwan) issued a tentative ruling that the demurrer was sustaine...
2022.05.31 Demurrer 577
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.05.31
Excerpt: ...2021, is another form complaint with a single attachment (labeled the “first” cause of action) that attempts to combine different legal theories into a single cause of action. Currently before the Court is the demurrer to the FAC brought by Defendant California Department of Transportation (“Caltrans”), by and through the State of California, filed on March 10, 2022. Plaintiff's opposition to the demurrer was filed on May 13, 2022. I. Dem...
2022.04.28 Demurrer 444
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.04.28
Excerpt: ...ions of the Complaint, Suning.com Co., Ltd., which is headquartered in Nanjing, China, is one of the largest retailers in the world and its website, plaintiff Suning.com, ranks among China's top e‐commerce portals. (Complaint, ¶ 1.) On November 21, 2019, Suning.com entered into a two‐year Product Purchase Agreement (the “Agreement”) with LAT Group. (Id., ¶ 15, Exhibit A.) In the Agreement LAT Group warranted, among other things, that it...
2022.04.28 Motion to Compel Further Responses 054
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.04.28
Excerpt: ...ost/expense sharing for the potential ESI production and (2) the preclusion of additional ESI searches for custodians Dan Wood, Frank Franco, Andy Kung, Scott Bentley, Doug Field, Sean Haight and Albert Barranco. DISCUSSION Defendant submits that it has already made several document productions regarding the design, development, and testing of the restraint and airbag systems for the 2018 Model 3, provided witness testimony, and Plaintiffs also a...
2022.04.28 Motion for Summary Adjudication 543
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.04.28
Excerpt: ...tered into a commercial lease (the “Lease”). (Complaint, ¶ 5.) Farhang agreed to lease the premises located at 950 The Alameda, San Jose, California (the “Premises”) to Defendants for a four‐ year term in exchange for Defendants paying rent, paying other charges, and following all the terms of the Lease. (Ibid.) Farhang performed his obligations under the Lease. (Complaint, ¶ 6.) In or about March 2018 and at other times, Defendants b...
2022.04.28 Motion for Summary Judgment, Adjudication 071
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.04.28
Excerpt: ...ions of the First Amended Complaint (“FAC”), Plaintiff is a Suspected Child Abuse and Neglect (“SCAN”) physician who was hired by the County on July 1, 2011 as a Child Abuse Pediatrician at the Santa Clara Valley Medical Center (“SCVMC”). (FAC, ¶ 8.) As a component of her contractual employment agreement with the County, Plaintiff was required to abide by the Medical Staff Bylaws and the internal policies and procedures of SCVMC. (Id...
2022.03.03 Motion to Strike (Anti-SLAPP), for Monetary Sanctions, for Leave to Amend FAC 303
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.03.03
Excerpt: ...g at defendant Home Depot U.S.A., Inc. (sued as Home Depot U.S.A. Inc.; hereafter, “Home Depot”) and was in the process of loading his purchases into his vehicle. (First Amended Complaint (“FAC”), ¶14.) As plaintiff Lee was about to get into his car, plaintiff Lee was pulled into an altercation. (Id.) Plaintiff Lee alleges he did not commit a crime, but as [defendant City of San Jose (hereafter, “City”)] police arrived, plaintiff Lee...
2022.03.03 Demurrer to SAC 740
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.03.03
Excerpt: ...mplaint (“SAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendants City of Palo Alto (“City”) and PAPD encouraged, endorsed, and otherwise permitted local efforts to engage in and showcase public art installations, including murals, throughout the City. (SAC, ¶19.) Specifically, City officials permitted and encouraged artists to create sixteen individual murals on City property that, sideby‐side, spelled out “Black Li...
2022.02.24 Motion to Strike 960
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.02.24
Excerpt: ...ught by Defendants PDI Legacy, Inc., Acrisure of California, LLC and Jon Voorhies (hereafter “Defendants”) on November 18, 2021. An amended notice of motion was filed on December 17, 2021. Plaintiff's opposition to the motion was filed on February 9, 2022. I. Motion to Strike Pursuant to Code of Civil Procedure (“CCP”) §436 a court may strike out any irrelevant, false, or improper matter inserted into any pleading or strike out all or pa...
2022.02.24 Motion for Leave to File FAC 869
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.02.24
Excerpt: ...n the Interactive Process; (3) sixth cause of action for Failure to Accommodate Disability; and (4) seventh cause of action for Retaliation (use of or interference with CFRA rights). Plaintiff requests that the Court grant the motion “in the furtherance of justice” and argues that absent a showing of prejudice, delay alone is not grounds for denial of a motion to amend. (California Civil Procedure Code sections 473 subdivision (a) and 576). P...
2022.02.24 Demurrer, Motion to Strike 407
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2022.02.24
Excerpt: ...an 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 23 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer to Plaintiff's Complaint; and 2. Motion to Strike Plaintiff's Complaint. I. Statement of Facts. Plaintiff Chipongolo Mulenga (“Plaintiff”) is a Black woman who was b...
2021.11.23 Demurrer 822
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2021.11.23
Excerpt: ...On March 14, 2018, defendant Russell Stone (“Stone”), owner of Simply Green Plumbing, seriously injured Plaintiff when he violently attacked him, punching him and head‐butting him in the face multiple times. (Id. at ¶ 7.) At the time of the incident, defendant Stone was acting in the course and scope of his employment as owner of Simply Green Plumbing. (Id. at ¶ 8.) On the same day, defendant Stone fired Plaintiff from his employment with...
2021.11.23 Demurrer 062
Location: Santa Clara
Judge: Deen, Shella
Hearing Date: 2021.11.23
Excerpt: ... to secure a loan from the Prudential Home Mortgage Company; the deed of trust was recorded on November 17, 1993. (See SAC, ¶ 24, exh. 1 (deed of trust); see also Defs.' request for judicial notice, exh. 1.) An assignment of the deed of trust (“ADOT1”) was recorded on September 24, 1997 in which the interest of the deed of trust was transferred to First National Trust. (See SAC, ¶ 25; see also Defs.' request for judicial notice, exh. 2.) On...

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