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Location: Santa Clara x
Judge: Geffon, Eric x
2024.03.26 Demurrers 499
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.26
Excerpt: ... of the Javid Family Trust, and their adult daughter Roya Javid, filed the first amended cross-complaint (FACC) against two groups of cross -defendants: the Tashjian Defendants and the OCTC Defendants.2 Safoora Javid subsequently passed away. Ahmad contends he is Safoora's successor in interest and the sole Trustee of the Javid Family Trust.3 This is disputed because, on November 30, 2023, Roya filed a petition in the probate division of this ...
2024.03.19 Motion for Summary Judgment, Adjudication 154
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.19
Excerpt: ...S OF SHANNON AND ELIZABETH CRAWFORD Factual and Procedural Background Soukoulis FAC Plaintiff Richard D. Soukoulis (“Soukoulis”) is the owner of residential real property commonly known as 21296 Cinnabar Hills Road in San Jose (“Soukoulis Property”). (First Amended Com plaint (“FAC”), ¶1.) Defendants Diana Avila Southern and Richard Southern (collectively, “Southerns”) are owners of residential real property commonly known as 212...
2024.03.19 Demurrers 546
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.19
Excerpt: ...undivided one - eighth tenant -in -common interest in the Cupertino Property, and Irina is owner of an undivided three - eighths interest in the Cupertino Property. (Id. at ¶¶3 -4.) Bernard is the father of Owen, the father -in - law of Irina, a trustee of the Bernard Buckvar Revocable Trust dat ed October 24, 2014 (the “Trust”), and the owner of undivided one -half interest in the Cupertino Property. (Id. at ¶5.) On 2 December 2014, Berna...
2023.10.31 Motion to Strike Punitive Damages 635
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.10.31
Excerpt: ...a reasonably careful person would do in the same situation" causing injuries to Plaintiffs. (Complaint, p. 4, '1 2.) Specifically, Villela drove over 85 miles per hour while swerving between other vehicles traveling north on Highway 101. (Ibid.) Marra was the owner of the vehicle driven by Villela. (ld. at p. 5, 2.) Plaintiffs further allege that Marra knew, or should have known, that Villela was incompetent or unfit to drive the vehicle but stil...
2023.10.31 Motion to Expunge Lis Pendens 463
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.10.31
Excerpt: ...o. 2010-1-CV- 178708. Petitioner has provided, and requested the court take judicial notice of, documents from that court file showing the cases were dismissed on July 10, 2010 and February 7, 2012, respectively. Respondent has filed an "Objection to Notice of Motion for Order of Expungement Lis Pendens From Verified Petition," in which she states, without supporting documentation, that "there is a pending lawsuit involving the property." II. Leg...
2023.10.31 Motion for Preference on Trial Setting 224
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.10.31
Excerpt: ...s of Non-Hodgkin lymphoma and chronic liver disease. Defendant Tawa Supermarket, lnc„ has filed an opposition to Plaintiff's motion, in which they take the position that Plaintiffs have failed to meet their burden under CCP 535 because the declaration of counsel does not contain any documentation concerning current medical diagnoses, and that a preferential trial date would deprive defendant of their due process right to conduct a thorough inve...
2023.07.13 Motion to Compel Further Responses 939
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.07.13
Excerpt: ...mbiguous and unintelligible." After the filing of the instant motion, Defendant filed supplemental responses to the RFA's, repeating the objections as noted above. Although continuing to IINlge the objection, each supplemental response contained either an admission or denial, "without waiving said objections." Defendant's declaration asserts that Plaintiff refused to withdraw this motion upon the filing of the supplemental responses, on the groun...
2023.06.08 Motion to Compel Further Responses 097
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.06.08
Excerpt: ...ility for the accident at issue in this case. RFA number 1 asks about "fault"; RFA number 4 asks about whether defendant admits being "responsible"; RFA number 7 discusses whether defendant admits being "negligent"; and RFA number 10 asks whether defendant admits being "liable." To each of these RFA's, defendant responds: "Defendant admits that he had a duty and breached the duty. However, Defendant disputes causaton as to Plaintiff's injuries, a...
2023.06.08 Motion for Summary Judgment 635
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.06.08
Excerpt: ...5, 2022, states six causes of action: (1) Breach of Contract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open Book Account, and; (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code S 7108.5, though it is not identified in the body of the Complaint). Attached to the Complaint as exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying Defendant as the "Contrac...
2023.04.11 Motion to Tax Costs 388
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2023.04.11
Excerpt: ...ny other programs that Plaintiff was considering. Plaintiff's complaint alleged that he had interviewed at twenty- two other residency programs, and was being "courted" by the faculty of several of these institutions. Defendant, in preparation of their case, served deposition subpoenas on several institutons mentioned in the complaint. This was done to determine if, in fact, Plaintiff had been sought after by the programs that he claimed. After s...
2022.08.11 Motion to Compel Further Responses 448
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2022.08.11
Excerpt: ...he tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on August 10, 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is a motion by Defendant American Management Service, Inc. (“Defendant”) to compel Plaintiff Vera Fox (“Plaintiff”) to provide further responses to Form Interrogatories, set one, numbers 6.5, 12.1 and 14.1. Plaint...
2022.08.11 Motion for Terminating Sanctions 048
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2022.08.11
Excerpt: ...entative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on August 10, 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is a motion by the City of San Jose (“Plaintiff”) for Terminating Sanctions against Church of Zion and Damian Galvan (“Defendants”) for what is described as a continued refusal of either Defendant to appear for deposi...
2022.08.09 Motion to Dismiss Complaint for Failure to Prosecute 359
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2022.08.09
Excerpt: ...he tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is Defendant's motion to dismiss the complaint for failure to prosecute pursuant to Code of Civil Procedure Section 583.410. Plaintiff filed a First Amended Complaint (hereinafter, FAC) after a demurrer with leave to amend ...
2022.08.09 Motion to Compel Responses, for Monetary Sanctions 301
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2022.08.09
Excerpt: ... party opposing the tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the Court is Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Production of Documents and Things, Set One from Defendant Fry's Electronics (“Defendant”). The motion requests...
2022.08.09 Demurrer to SAC 202
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2022.08.09
Excerpt: ...the tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER OF DEFENDANT SANDRA FRANCES KERRIGAN TO PLAINTIFF'S SECOND AMENDED COMPLAINT I. Statement of Facts. On or about 3 July 2007, plaintiff Yvonne Kerrigan (“Plaintiff”) and defendant Sandra Frances Kerrigan (“Defendant”) entered...

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