Excerpt: ...ving documents that were fully responsive to RFPs 7, 10, 34 and 35 as well as documents partially responsive to RFP 19. However, Defendant has not supplemented its responses. Defendant must supplement these responses within 45 days of date of service of this order. 3. With regard to specific RFPs at issue: —RFP 7: DENIED, as Defendant already has prcKluced dtNuments responsive to this RFP. —RFP 10: DENIED, as Defendant already has produced do...

Excerpt: ... negligence, after the procedure, he sustained a serious fall with loss of consciousness and physical injury while still on the premises. (Ibid.) Pourshams initiated this action on February 5, 2021, with the filing of the Complaint, for personal injury. On February 16, 2021, he filed the FAC, which asserts a claim for general negligence. On March 24, 2023, El Camino filed the instant motion. On July 25, 2023, Pourshams filed his opposition. on Au...

Excerpt: ...tentatve ruling as follows: l. Background A. Factual This is an action by the County of Santa Clara (the "County") to abate dangerous conditions on real property located at 4140 Canada Road in Gilroy (the "Property"). According to the allegations of the Complaint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, 1...

Excerpt: ...pute. According to the allegations of the Complaint, Plaintiffs are joint owners of a duplex located at 2171 and 2173 Pacina Drive in San Jose (the "Property"). (Complaint 1.) Plaintiffs live in 2173 Pacina Drive and Vargas lives in 2171 Pacina Drive. (Complaint, 3, 4.) Mendoza is Vargas' former spouse. (Complaint, '12.) In September 2006, Plaintiffs, along with Vargas and Mendoza, purchased the Property together. (Complaint, 5.) Plaintiffs did n...

Excerpt: ...ey Ford, Inc. ("Big Valley") to purchase the vehicle. The sales contract includes an arbitration clause and agreement to arbitrate. Ford is not a signatory to the contact. Nor is Ford an "employee[l, agent[], successor or assign[l" for the dealer, Big Valley. Ford is the manufacturer of the vehicle. On December 29, 2022, Plaintiff filed suit against Ford and Big Valley Ford, Inc ("Big Valley"). (Clayton Decl. Exh. 8) However, Plaintiff thereafter...

Excerpt: ...2, which is well after the 60-day window for service of summons. Legal Standard Code of Civil Procedure section 418.10, subdivision (a)(l) authorizes a defendant to file a motion to quash service of summons "on the ground of lack of jurisdiction of the court over him or her." (Code Civ. Proc. S 418.10, subd. Personal jurisdiction will be deemed lacking where service of the summons and complaint fails to comply with the statutory procedures regard...

Excerpt: ...ment Sale Contract with Capitol Hyundai to purchase the vehicle. The sales contract includes an arbitration clause and agreement to arbitrate. HMA is not a signatory to the contact. Nor is HMA an employees, agents, successor or assigns for the dealer, Capitol Hyundai. HMA is the manufacturer of the vehicle. On January 5, 2023, Plaintiff filed suit against HMA asserting a cause of action for breach of warranty under Song- Beverly Consumer Warranty...

Excerpt: ...Beverly Act — Secton 1793.2, and; (4) Fraudulent Inducement — Concealment. All four causes of action are alleged against all defendants. Plaintiffs generally allege that a 2015 Dodge Ram 1500 that they purchased on October 1, 2015 had defects in the electrical system and related software. These defects were allegedly known to defendants and intentionally concealed from purchasers such as Plaintiffs. Plaintiffs also allege that they brought th...

Excerpt: ... Federal and California Fair Debt Collection Practices Acts. Li files the instant motion for judgment on the pleadings contending that Mummah has admitted owing Li principal, interest, attorney fees and costs within his Answer, and that he is equitably estopped from asserting his seventh affirmative defense of statute of frauds. Allegations of the First Amended Complaint Li wrote the following four checks totaling $99,000 as a loan to Mummah for ...

Excerpt: ...ber 22, 2022, Judge Kirwan sustained Google's demurrer to all of Chatterjee's claims and denied Google's anti-SLAPP motion. Chatterjee's moton for evidentiary sanctions is DENIED. First, as stated above, Chatterjee never filed a motion to compel. (Rainey Decl. Exh. 1 Judge Kirwan at p.5: "This is not a motion to compel." At p. 9-10 "This isn't a motion to compel. If — If it was part of the original order that should have been produced... you ne...

Excerpt: ...023. The FAC states eleven causes of achon against both defendants and various does: (1) Nonpayment of Wages (violation of Labor Code SS 200, 201 & 204); (2) Breach of Contract (a sales commission contract that Defendants allegedly failed to put in wrting in violation of Labor Code S 2751); (3) Failure to Pay Minimum Wages (violation of Labor Code SS 1182.12, 1194, 1194.2, 1197 & 1198); (4) Failure to Pay Overtime Wages (violation of Labor Code S...