Excerpt: ...ll be brought to trial within five years after the action is commenced against the defendant.” COVID Emergency rule 10 extended the time in which to bring a civil action to trial due to court closures imposed by shelter in place orders. Emergency rule 10 (a) provides that: “Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or before April 6, 2020, the time in which to bring the ac...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motions of Plaintiff To: 1. to Compel Further Deposition of Kevin Bleh; and 2. to Compel Further Deposition of Edward Dodd. I. Statement of Facts. Plaintiff filed this complaint on 16 November 2020.4 The c...

Excerpt: ...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 28 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Depose Defendant's PMQ. I. Statement of Facts. Plaintiff filed this complaint on 21 October 2020.2 In this Lemon Law case, plaintiffs purchased a used 2017 Chevrolet Silver...

Excerpt: ...y, and various Does: (1) Breach of Contract (an Equity Reserve Agreement between Defendant and National City Bank, attached to the Complaint as exhibit A, which Plaintiff refers to as a “Note”); (2) Money Lent (alleging that Plaintiff is owed $135,039 representing money lent by Plaintiff's predecessor in interest to Defendants); (3) Money Had and Received (based on the same sum), and; (4) Declaratory Relief (seeking a declaration of “the pa...

Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs People of the State of California (“State”) and County of Santa Clara (“County”) (collectively, “Plaintiffs”). Defendants request judicial notice in support of Defendants' demurrer. Plaintiffs oppose the demurrer and filed their own request for judicial notice in support of the Opposition. Defendants subsequently filed a Reply to Plaintiffs' Opposition. I. Background A. Factual This is an ...

Excerpt: ...Street, San 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 28 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant's Demurrer to Plaintiff's Complaint for Damages for Intentional Interference with an Expected Inheritance. I. Statement of Facts. Plaintiff Editha Bucher (“Plaintiff...

Excerpt: ...ssion (RFAs) that have been denied by Defendant. Defendant opposes Plaintiff's motion. DISCUSSION A. Legal Standard CCP §2033.010 provides that: Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of specified documents, or t...

Excerpt: ... five percent interest on May 1, 2020. (Complaint, ¶ 4, Exhibit A.) Two days later, Plaintiff issued a cashier's check to Defendant in the amount of $250,000 which was deposited in Defendant's bank account. (Id., ¶ 5, Exhibit B.) Plaintiff transferred the remaining $250,000 to Defendant February 28, 2020. (Id., ¶ 6, Exhibit C.) On March 10, 2020, Plaintiff and Defendant executed an amended agreement (“Amended Agreement”) wherein the total ...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendants to Plaintiff's Complaint. I. Statement of Facts. On 23 May 2015, plaintiff Maria S. Sanchez (“Sanchez”) and her daughter, S. Roe, visited the Mountain View YMCA. (Complaint, ¶...

Excerpt: ...Medical Battery; (3) “Recklessness, Willful and Wanton Misconduct, and Conscious Disregard for the Safety of Others,” and; (4) Loss of Consortium, brought solely by Plaintiff John Doe, Plaintiff's Jane Doe's husband. As John Doe is not alleged to have been a patient of Defendants he is only a plaintiff for the fourth cause of action. Currently before the Court are two separate demurrers to the Complaint's second and third causes of action. Th...

Excerpt: ...losure. According to the first amended complaint (“FAC”), plaintiffs Ron V. Ronen (“Ronen”) and Alexa Ada‐Saucedo (collectively, “Plaintiffs”) (self‐represented), husband and wife, reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants,...

Excerpt: ...l property, and by December 2012, the bank was threatening to foreclose. (See complaint, ¶ 8.) Bridge Bank was willing to extend the loan for 12 months if BSP paid down the principal by $2.5 million. (See complaint, ¶ 9.) Lacking the funds, Defendant approached Quang V. Luong (“Luong”), and on December 21, 2012, Luong loaned BSP $2.75 million for 12 months, with repayment in December 2013. (Id.) In July 2013, Nguyen and Luong entered into a...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant JK Parcel, Inc.'s Motion for Summary Judgment. I. Statement of Facts. On or about 21 December 2019, plaintiff Ryan Husband (“Husband”) and defendant Chigozie Ndekwe (“Ndekwe”) ...

Excerpt: ...��s), nos. 10–21, 23–25, 27, and 29. Plaintiff seeks monetary sanctions in connection with both motions, and Defendant opposes both the motions and the requests for sanctions. As discussed below, the Court GRANTS Plaintiff's motions and awards monetary sanctions in a reduced amount. I. LEGAL STANDARDS A party propounding a request for production may move for an order compelling a further response if it deems that a statement of compliance is ...

Excerpt: ...2020, more than three years after the challenged judgment was issued, states a single cause of action titled “Equitable Relief—Set Aside Default Judgment.” It briefly alleges that the proof of service in the prior lawsuit “was incorrect and improper because Mr. Dong did not reside in San Jose, California at the time of service.” (Complaint at ¶8.) Due to this allegedly “improper proof of service in the underlying action, the court ne...

Excerpt: ...for production of documents propounded to Defendant Regional Medical Center (“Defendant”). I. PRELIMINARY MATTERS Defendant urges this court to deny the motion on the ground that Plaintiff's separate statement fails to comply with the rules of court. Specifically, Defendant contends that Plaintiff failed to include the text of the special interrogatories and responses in the separate statement for special interrogatories 14, 16, and 19, to wh...

Excerpt: ...e the case ready for trial. The motion is opposed by Cryplex. This action arises out of an alleged trade secret misappropriation and breach of contract action that was filed in November 2018 for events that are alleged to have occurred in 2014. DISCUSSION C. Legal Standard Under Code of Civil Procedure Section 583.410(a), “[t]he court may in its discretion dismiss an action for delay in prosecution on motion of the defendant if to do so appears...

Excerpt: ...n's cofounders, Cross‐ Defendants Lily Chao and Damien Ding, repeatedly lied to him about a range of subjects, including Temujin's technology and even their own identities. Ms. Chao, Mr. Ding, and Cross‐Defendant Temujin Labs Inc., a Cayman Islands corporation, (“Temujin Cayman,” collectively with Ms. Chao and Mr. Ding, “CrossDefendants”) move to quash Mr. Fu's attempted service of each of them. Mr. Fu opposes their motion, urging val...

Excerpt: ...21 Rockwood 8336BH trailer (the “Trailer”), which was manufactured, distributed, or sold by Defendant. (Complaint, ¶ 4.) In connection with the purchase, Plaintiff received an express written warranty in which Defendant undertook to preserve or maintain the utility or performance of the Trailer or provide compensation if there is a failure in utility or performance for a specified period of time. (Id., ¶ 6.) The warranty provided that if a ...

Excerpt: ... the Court are Plaintiff's motions (1) for final approval of the settlement and (2) for approval of his attorney fees, costs, and service award. The motions are unopposed. As discussed below, the Court GRANTS both motions. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether...

Excerpt: ...s' motion to be heard with Defendant's as yet unset motion. The Court found that it was unreasonable to continue a motion that had been pending for many months. Nevertheless, the Court agreed that the two motions should be heard together since the raise nearly identical factual and legal issues. The Court advanced the hearing of Defendant's motion to today's date. The Court recognizes the potential hardship for Plaintiff in addressing Defendant's...

Excerpt: ...tinez (“Plaintiff”) brings this action for products liability and related claims against defendant Intuitive Surgical, Inc. (“Defendant”), the manufacturer of the da Vinci surgical robot used in Plaintiff's hysterectomy. On March 21, 2016, Plaintiff filed a Complaint against Defendant, alleging causes of action for: (1) Strict Products Liability – Design Defect; (2) Strict Products Liability – Failure to Warn; (3) Negligence; (4) Brea...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Safeway Inc. for Summary Judgment. I. Statement of Facts. On 15 April 2017, defendant Safeway Inc. (“Safeway”) negligently and carelessly maintained, controlled, inspected, operate...

Excerpt: ...artment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. Plaintiff James M. Mansapit (“Plaintiff”) filed the operative First Amended Class Action Complaint (“FAC”) against defendants Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 202...

Excerpt: ... Patricia M. Lucas on March 23, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of the alleged failure by defendant Progressive Casualty Insurance Company (“Defendant”) to fully reimburse its current and former employees for their home office expenses in California during the pandemic. The Complaint, filed on November 9, 202...