The Honorable Mary E. Arand

Santa Clara County Superior Court, Department 9

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Biography

The Hon. Mary E. Arand is a judge for the Superior Court of Santa Clara County in California. She was appointed to the bench by former governor Arnold Schwarzenegger in 2006.

Arand earned a B.A. from the University of California, Santa Cruz in 1976. She then completed a J.D. from Santa Clara University School of Law in 1979.

Prior to her appointment to the bench, she was a partner with McManis, Faulkner & Morgan from 1999 to 2006. During her tenure there, she handled complex family disputes, addressing child and spousal support, annulment, and property division issues. Before that, she was a partner at Clark & Arand and an associate at Howell & Hallgrimson. Over the course of her legal career with these two firms, she specialized in business-related litigation, handling cases that involved contract, trade secret, partnership, securities fraud, government regulation, real property, and employment matters.

Recent Rulings by Hon. Mary E. Arand

  • PARK V. LUNARDI, ET AL.

    Jan 23, 2020 |  Santa Clara County

    -5

    This is an action for breach of contract. According to the allegations of the second amended complaint (“SAC”), since approximately 2008, plaintiff John Park (“Plaintiff” or “Park”), has owned and operated various gambling establishments or “cardrooms” in California. (See SAC, ¶ 19.) Garden City...

  • JAMES WEST VS ALMA PLACE ASSOCIATES, L.P ET AL.

    Jan 23, 2020 |  Santa Clara County

    Plaintiff James West brought this Motion to File Documents Under Seal. The Motion originally came before the Court (Judge Peter Kirwan) on April 18, 2019 and the Court advised the moving party that the request to seal was overbroad and that Plaintiff failed to address the legal standards for sealing as to ...

  • LINDA BUCKEL ET AL VS RAVI DRONAMRAJU ET AL

    Jan 23, 2020 |  Santa Clara County

    On October 11, 2019, Plaintiff dismissed her complaint. Defendants also dismissed their cross-complaint. Despite the dismissal of her complaint, Plaintiff has refused to withdraw her lis pendens, and accordingly, Defendants have filed a motion to expunge. This hearing has been continued several times, for ...

  • RICHARD DALY, ET AL. V. VICTOR GARCIA, ET AL.

    Jan 23, 2020 |  Santa Clara County

    Lead Lead Subsidiary Case: Michael Kee, et al. v. Victor Garcia, et al., This consolidated action arises out of a multi-vehicle collision on Highway 101.6 Defendant Maria Isabel Andino allegedly entrusted her vehicle to defendant and driver Victor Garcia, who was intoxicated and under the influence of alco...

  • SHAUNA RENEE GUTIERREZ, ET AL. V. REGIONAL MEDICAL CENTER OF SAN JOSE, ET AL.

    Jan 23, 2020 |  Santa Clara County

    –2

    I. Background

    This action arises from the alleged mishandling of human remains. According to the allegations in the first amended complaint (“FAC”), Steven Ruben Gutierrez, Jr. (“Decedent”) passed away on January 16, 2018, at Regional Medical Center of San Jose (“Hospital”). Decedent’s r...

  • MINOO SADRI VS SHAHRIAR VAZIRITABAR ET AL

    Jan 23, 2020 |  Santa Clara County

    On calendar are Plaintiff’s motions to compel Defendant Shahriar Vaziritabar (“Defendant”) Damien Carter to serve responses to Form Interrogatories Set One (“FI”), to serve responses to Request for Production of Documents, Set One, to deem requests for admissions admitted, and for monetary sanctions. The m...

  • BINGHAM V. TARASUK, ET AL.

    Jan 09, 2020 |  Santa Clara County

    -5

    According to the allegations of the second amended complaint1 (“SAC”), plaintiff Janet Bingham (“Plaintiff”) played for the Charlie Browns in the SIAHL, the San Jose Adult Hockey League. (See SAC, ¶ 1.) Plaintiff signed up and agreed to play ice hockey in the SIAHL, and signed a waiver and relea...

  • DAVID FRAZEE V. DUKE UNIVERSITY, ET AL.

    Jan 09, 2020 |  Santa Clara County

    I. Background

    This is an action for breach of contract brought by David Frazee (“Plaintiff”) against defendant Duke University (“Duke”).3 According to the allegations in the complaint, Plaintiff is an attorney and venture capitalist who taught a number of entrepreneurship courses at Duke- affiliate...

  • MY CRAWFISH, INC., ET AL. V. NGUYEN, ET AL.

    Jan 09, 2020 |  Santa Clara County

    -3

    According to the allegations of the second amended complaint (“SAC”), on January 30, 2016, plaintiff Thu Minh Tran (“Tran”), on behalf of plaintiff My Crawfish, Inc. (“My Crawfish”) (collectively, “Plaintiffs”), and defendant Ly T Truc Nguyen (“Nguyen”) and nonparty Joanne Vuong (“Vuong”) entere...

  • SYED NAZIM ALI V. CISCO SYSTEMS, INC.

    Jan 09, 2020 |  Santa Clara County

    Motion to Compel Further Responses to Request for Production of Documents by Defendant Cisco Systems, Inc.

    Factual and Procedural Background

    This employment action for discrimination based on age, race, national origin, and religion arises out of the refusal by defendant Cisco Systems, Inc....

  • RAJEEV BATRA V. CITY OF SANTA CLARA

    Jan 09, 2020 |  Santa Clara County

    Demurrer to the First Amended Complaint by Defendant City of Santa Clara

    Factual and Procedural Background

    According to the operative First Amended Complaint (“FAC”), plaintiff Rajeev Batra (“Plaintiff”) served as an employee of the City of Santa Clara (“City”) for fifteen years. (FAC at ¶ ...

  • VARGAS, ET AL. V. LEVEL 10 CONSTRUCTION, L.P., ET AL.

    Dec 19, 2019 |  Santa Clara County

    and 5

    After full consideration of the evidence, the separate statements submitted by the parties, and the authorities submitted by each party, the court makes the following rulings:

    This is a wrongful death action stemming from a construction accident. According to the allegations of the se...

  • WELLS FARGO BANK, N.A. VS N. DO, ET AL

    Dec 19, 2019 |  Santa Clara County

    Motion to enter default judgment is DENIED without prejudice. The Court does not consider defaults on the law and motion calendar. Moreover, no default against one of the Defendants (Defendant Do) has yet been entered and no judgment can be entered until that happens. A judgment on a complaint that affects...

  • TIEN YU WONG, ET AL. V. CITY OF SARATOGA, ET AL.

    Dec 19, 2019 |  Santa Clara County

    –2

    This is a wrongful death action. On January 3, 2017, a vehicle operated by nonparty Storer Transportation Services (Storer) struck and killed Xiaolan Luo as she walked across an intersection on the college campus operated by defendant West Valley Mission Community College District (the District)...

  • MAHNAZ KHAZEN V. EAST WEST BANK

    Dec 13, 2019 |  Santa Clara County

    Calendar Lines 3 & 4

    I. Background

    This action brought by plaintiff Mahnaz Khazen (“Plaintiff”) against defendant East West Bank (“Defendant”) concerns a loan transaction.

    According to the complaint, on March 17, 2004, Plaintiff obtained a mortgage loan from Defendant in the amount ...

  • DEE VU VS THOMAS NGUYEN

    Dec 13, 2019 |  Santa Clara County

    Defendant Thomas Nguyen has filed a series of motions all intended to challenge the Court’s grant of summary judgment on October 19, 2018. The grant of the motion was largely based on a prior court order where the Court ordered that served requests for admissions were deemed admitted due to Defendant’s fai...

  • HELEN THERESA GIVENS V. ROY ANTHONY GIVENS, ET AL.

    Dec 12, 2019 |  Santa Clara County

    I. Background

    Helen Theresa Givens (“Plaintiff”) commenced this action to recover damages for physical and financial abuse perpetrated by her husband, defendant Roy Anthony Givens, and facilitated by others, including defendants Pantrol, Inc. (“Pantrol”), Pantrol CEO James Kucera (“Kucera”), Kucera...

  • SANDOVAL, ET AL. V. GENERAL MOTORS LLC

    Dec 12, 2019 |  Santa Clara County

    -4

    This is a lemon law case. According to the allegations of the complaint, on November 1, 2007, plaintiffs Hector and Maria Sandoval (collectively, “Plaintiffs”) purchased a 2008 GMC Acadia, manufactured and distributed by defendant General Motors, LLC (“GM” or Defendant”). (See first amended comp...

  • MARIA PACHECO VS JOSEPH LEE, DDS ET AL

    Dec 12, 2019 |  Santa Clara County

    Defendant Richard Kim, M.D. (Defendant Kim) filed his motion for summary judgment as to the single cause of action for medical malpractice filed by Plaintiff Maria Pacheco (“Plaintiff”). The motion was properly served and notice was sufficient and proper. Plaintiff did not oppose the motion.

    After ...

  • VISTA VERDE HOME HEALTH, LLC V. ADAM WEISKAL

    Dec 12, 2019 |  Santa Clara County

    I. Background

    Plaintiff Vista Verde Home Health, LLC (“Plaintiff”) brings this action against Adam Weiskal (“Trustee”) as trustee of the Ohannes H. Atanian Trust, the Kimberly Atanian Special Needs Trust, and the Mark Atanian Special Needs Trust for breach of contract.

    According to the alle...

  • KATHLEEN NEWTON VS SAMUEL MARTIN ET AL

    Dec 12, 2019 |  Santa Clara County

    On September 12, 2019, Defendants Samuel Martin and MB Custom Builders (“Defendants”) filed a motion for terminating sanctions against Plaintiff Kathleen Newton (“Plaintiff”) following the Court’s grant of orders to compel responses to discovery, on the grounds that Plaintiff did not serve responses to the...

  • UBIQUITI NETWORKS, INC. V. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA

    Dec 05, 2019 |  Santa Clara County

    This is an insurance coverage action. In May 2015, plaintiff Ubiquiti Networks, Inc.’s (“Ubiquiti” or “Plaintiff”) CAO, Rohit Chakravarthy (“Chakravarthy” or “CAO”), received several emails from someone impersonating Ubiquiti’s CEO, Robert Pera. Chakravarthy additionally received emails from someone impers...

  • CREDITORS ADJUSTMENT BUREAU, INC. V. OAKWOOD SYSTEMS GROUP, INC.

    Dec 05, 2019 |  Santa Clara County

    Calendar Line Nos. 1-2

    Motions to Quash Service of Summons and/or Dismiss for Inconvenient Forum or to Stay Action or Transfer/Change Venue by Defendant Oakwood Systems Group, Inc.

    Factual and Procedural Background

    This is a collection action. Plaintiff Creditors Adjustment Bureau, ...

  • ADRIAN DIAZ VS ALICIA DIAZ ET AL

    Dec 05, 2019 |  Santa Clara County

    Defendant’s motion to compel real property inspection is GRANTED. Plaintiffs do not establish a legitimate basis to refuse access to portions of the property, and the Court does not agree that the only discovery to be allowed is to investigate Plaintiff’s claims. The Court finds that the discovery sought i...

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Recent Rulings by Hon. Mary E. Arand

  • PARK V. LUNARDI, ET AL.

    Jan 23, 2020 |  Santa Clara County

    -5

    This is an action for breach of contract. According to the allegations of the second amended complaint (“SAC”), since approximately 2008, plaintiff John Park (“Plaintiff” or “Park”), has owned and operated various gambling establishments or “cardrooms” in California. (See SAC, ¶ 19.) Garden City...

  • JAMES WEST VS ALMA PLACE ASSOCIATES, L.P ET AL.

    Jan 23, 2020 |  Santa Clara County

    Plaintiff James West brought this Motion to File Documents Under Seal. The Motion originally came before the Court (Judge Peter Kirwan) on April 18, 2019 and the Court advised the moving party that the request to seal was overbroad and that Plaintiff failed to address the legal standards for sealing as to ...

  • LINDA BUCKEL ET AL VS RAVI DRONAMRAJU ET AL

    Jan 23, 2020 |  Santa Clara County

    On October 11, 2019, Plaintiff dismissed her complaint. Defendants also dismissed their cross-complaint. Despite the dismissal of her complaint, Plaintiff has refused to withdraw her lis pendens, and accordingly, Defendants have filed a motion to expunge. This hearing has been continued several times, for ...

  • RICHARD DALY, ET AL. V. VICTOR GARCIA, ET AL.

    Jan 23, 2020 |  Santa Clara County

    Lead Lead Subsidiary Case: Michael Kee, et al. v. Victor Garcia, et al., This consolidated action arises out of a multi-vehicle collision on Highway 101.6 Defendant Maria Isabel Andino allegedly entrusted her vehicle to defendant and driver Victor Garcia, who was intoxicated and under the influence of alco...

  • SHAUNA RENEE GUTIERREZ, ET AL. V. REGIONAL MEDICAL CENTER OF SAN JOSE, ET AL.

    Jan 23, 2020 |  Santa Clara County

    –2

    I. Background

    This action arises from the alleged mishandling of human remains. According to the allegations in the first amended complaint (“FAC”), Steven Ruben Gutierrez, Jr. (“Decedent”) passed away on January 16, 2018, at Regional Medical Center of San Jose (“Hospital”). Decedent’s r...

  • MINOO SADRI VS SHAHRIAR VAZIRITABAR ET AL

    Jan 23, 2020 |  Santa Clara County

    On calendar are Plaintiff’s motions to compel Defendant Shahriar Vaziritabar (“Defendant”) Damien Carter to serve responses to Form Interrogatories Set One (“FI”), to serve responses to Request for Production of Documents, Set One, to deem requests for admissions admitted, and for monetary sanctions. The m...

  • BINGHAM V. TARASUK, ET AL.

    Jan 09, 2020 |  Santa Clara County

    -5

    According to the allegations of the second amended complaint1 (“SAC”), plaintiff Janet Bingham (“Plaintiff”) played for the Charlie Browns in the SIAHL, the San Jose Adult Hockey League. (See SAC, ¶ 1.) Plaintiff signed up and agreed to play ice hockey in the SIAHL, and signed a waiver and relea...

  • DAVID FRAZEE V. DUKE UNIVERSITY, ET AL.

    Jan 09, 2020 |  Santa Clara County

    I. Background

    This is an action for breach of contract brought by David Frazee (“Plaintiff”) against defendant Duke University (“Duke”).3 According to the allegations in the complaint, Plaintiff is an attorney and venture capitalist who taught a number of entrepreneurship courses at Duke- affiliate...

  • MY CRAWFISH, INC., ET AL. V. NGUYEN, ET AL.

    Jan 09, 2020 |  Santa Clara County

    -3

    According to the allegations of the second amended complaint (“SAC”), on January 30, 2016, plaintiff Thu Minh Tran (“Tran”), on behalf of plaintiff My Crawfish, Inc. (“My Crawfish”) (collectively, “Plaintiffs”), and defendant Ly T Truc Nguyen (“Nguyen”) and nonparty Joanne Vuong (“Vuong”) entere...

  • SYED NAZIM ALI V. CISCO SYSTEMS, INC.

    Jan 09, 2020 |  Santa Clara County

    Motion to Compel Further Responses to Request for Production of Documents by Defendant Cisco Systems, Inc.

    Factual and Procedural Background

    This employment action for discrimination based on age, race, national origin, and religion arises out of the refusal by defendant Cisco Systems, Inc....

  • RAJEEV BATRA V. CITY OF SANTA CLARA

    Jan 09, 2020 |  Santa Clara County

    Demurrer to the First Amended Complaint by Defendant City of Santa Clara

    Factual and Procedural Background

    According to the operative First Amended Complaint (“FAC”), plaintiff Rajeev Batra (“Plaintiff”) served as an employee of the City of Santa Clara (“City”) for fifteen years. (FAC at ¶ ...

  • VARGAS, ET AL. V. LEVEL 10 CONSTRUCTION, L.P., ET AL.

    Dec 19, 2019 |  Santa Clara County

    and 5

    After full consideration of the evidence, the separate statements submitted by the parties, and the authorities submitted by each party, the court makes the following rulings:

    This is a wrongful death action stemming from a construction accident. According to the allegations of the se...

  • WELLS FARGO BANK, N.A. VS N. DO, ET AL

    Dec 19, 2019 |  Santa Clara County

    Motion to enter default judgment is DENIED without prejudice. The Court does not consider defaults on the law and motion calendar. Moreover, no default against one of the Defendants (Defendant Do) has yet been entered and no judgment can be entered until that happens. A judgment on a complaint that affects...

  • TIEN YU WONG, ET AL. V. CITY OF SARATOGA, ET AL.

    Dec 19, 2019 |  Santa Clara County

    –2

    This is a wrongful death action. On January 3, 2017, a vehicle operated by nonparty Storer Transportation Services (Storer) struck and killed Xiaolan Luo as she walked across an intersection on the college campus operated by defendant West Valley Mission Community College District (the District)...

  • MAHNAZ KHAZEN V. EAST WEST BANK

    Dec 13, 2019 |  Santa Clara County

    Calendar Lines 3 & 4

    I. Background

    This action brought by plaintiff Mahnaz Khazen (“Plaintiff”) against defendant East West Bank (“Defendant”) concerns a loan transaction.

    According to the complaint, on March 17, 2004, Plaintiff obtained a mortgage loan from Defendant in the amount ...

  • DEE VU VS THOMAS NGUYEN

    Dec 13, 2019 |  Santa Clara County

    Defendant Thomas Nguyen has filed a series of motions all intended to challenge the Court’s grant of summary judgment on October 19, 2018. The grant of the motion was largely based on a prior court order where the Court ordered that served requests for admissions were deemed admitted due to Defendant’s fai...

  • HELEN THERESA GIVENS V. ROY ANTHONY GIVENS, ET AL.

    Dec 12, 2019 |  Santa Clara County

    I. Background

    Helen Theresa Givens (“Plaintiff”) commenced this action to recover damages for physical and financial abuse perpetrated by her husband, defendant Roy Anthony Givens, and facilitated by others, including defendants Pantrol, Inc. (“Pantrol”), Pantrol CEO James Kucera (“Kucera”), Kucera...

  • SANDOVAL, ET AL. V. GENERAL MOTORS LLC

    Dec 12, 2019 |  Santa Clara County

    -4

    This is a lemon law case. According to the allegations of the complaint, on November 1, 2007, plaintiffs Hector and Maria Sandoval (collectively, “Plaintiffs”) purchased a 2008 GMC Acadia, manufactured and distributed by defendant General Motors, LLC (“GM” or Defendant”). (See first amended comp...

  • MARIA PACHECO VS JOSEPH LEE, DDS ET AL

    Dec 12, 2019 |  Santa Clara County

    Defendant Richard Kim, M.D. (Defendant Kim) filed his motion for summary judgment as to the single cause of action for medical malpractice filed by Plaintiff Maria Pacheco (“Plaintiff”). The motion was properly served and notice was sufficient and proper. Plaintiff did not oppose the motion.

    After ...

  • VISTA VERDE HOME HEALTH, LLC V. ADAM WEISKAL

    Dec 12, 2019 |  Santa Clara County

    I. Background

    Plaintiff Vista Verde Home Health, LLC (“Plaintiff”) brings this action against Adam Weiskal (“Trustee”) as trustee of the Ohannes H. Atanian Trust, the Kimberly Atanian Special Needs Trust, and the Mark Atanian Special Needs Trust for breach of contract.

    According to the alle...

  • KATHLEEN NEWTON VS SAMUEL MARTIN ET AL

    Dec 12, 2019 |  Santa Clara County

    On September 12, 2019, Defendants Samuel Martin and MB Custom Builders (“Defendants”) filed a motion for terminating sanctions against Plaintiff Kathleen Newton (“Plaintiff”) following the Court’s grant of orders to compel responses to discovery, on the grounds that Plaintiff did not serve responses to the...

  • UBIQUITI NETWORKS, INC. V. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA

    Dec 05, 2019 |  Santa Clara County

    This is an insurance coverage action. In May 2015, plaintiff Ubiquiti Networks, Inc.’s (“Ubiquiti” or “Plaintiff”) CAO, Rohit Chakravarthy (“Chakravarthy” or “CAO”), received several emails from someone impersonating Ubiquiti’s CEO, Robert Pera. Chakravarthy additionally received emails from someone impers...

  • CREDITORS ADJUSTMENT BUREAU, INC. V. OAKWOOD SYSTEMS GROUP, INC.

    Dec 05, 2019 |  Santa Clara County

    Calendar Line Nos. 1-2

    Motions to Quash Service of Summons and/or Dismiss for Inconvenient Forum or to Stay Action or Transfer/Change Venue by Defendant Oakwood Systems Group, Inc.

    Factual and Procedural Background

    This is a collection action. Plaintiff Creditors Adjustment Bureau, ...

  • ADRIAN DIAZ VS ALICIA DIAZ ET AL

    Dec 05, 2019 |  Santa Clara County

    Defendant’s motion to compel real property inspection is GRANTED. Plaintiffs do not establish a legitimate basis to refuse access to portions of the property, and the Court does not agree that the only discovery to be allowed is to investigate Plaintiff’s claims. The Court finds that the discovery sought i...

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