The Honorable Maureen A. Folan

Santa Clara County Superior Court, Department 60

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Biography

The Hon. Maureen A. Folan is a judge for the Superior Court of Santa Clara County in California. She was appointed by former governor Arnold Schwarzenegger in 2009, filling a vacancy created by the retirement of the Hon. Leslie C. Nichols.

Folan earned a B.A. from the University of California, Riverside in 1984. She then completed a J.D. from the University of California, Davis School of Law in 1988.

She began her legal career in 1988. She first worked as an associate at Hoge, Fenton, Jones & Appel. During her fifteen year tenure there, she primarily handled professional negligence cases. She would rise through the ranks, eventually becoming a shareholder and of counsel. Then, in 2003, she became of counsel at Needham, Davis, Kepner & Young. Six years later, just prior to her appointment to the bench, she moved to Davis & Young, where she briefly worked as of counsel.

Folan was raised in San Jose, California. She graduated from Presentation High School.

She is registered as a Democrat.

Recent Rulings by Hon. Maureen A. Folan

  • VINH Q. HOANG V. TRUNG TRAN, ET AL.

    Jul 30, 2020 |  Santa Clara County

    Plaintiff Vinh Q. Hoang (“Hoang”) alleges he was defrauded in the course of investing in real estate and had his investment misappropriated by the defendants. In the operative third amended complaint (“TAC”), Hoang substitutes Compass Bank for Doe 11 on the basis it is a party to the deed of trust (identif...

  • HUGHES V. TARGET CORP.

    Jul 30, 2020 |  Santa Clara County

    -7

    According to the allegations of the third amended complaint (“TAC”), on October 14, 2015, plaintiff Kathy Hughes (“Plaintiff”) was approached by a member of defendant Target Corporation’s (“Defendant”) security team who confronted her and told her she was a trespasser, and not allowed at the Tar...

  • MICHELLE PAKNAD V. INTUITIVE SURGICAL, INC., ET AL.

    Jul 23, 2020 |  Santa Clara County

    -3

    I. Background

    This action arises from allegations of employment discrimination, harassment, retaliation, and wrongful termination. In 2010, Intuitive Surgical, Inc. and Intuitive Surgical Operations, Inc. (collectively, “Intuitive”) hired plaintiff Michelle Paknad (“Paknad”) as a Senior ...

  • VENKAT KONDA V. MARKOVIC ET AL

    Jul 23, 2020 |  Santa Clara County

    I. Defendants’ motion for protective order staying discovery pursuant to Code of Civil Procedure section 2019.210 is DENIED.

    Section 2019.210 states that “the party alleging the misappropriation shall identify the trade secret with reasonable particularity….” (Code Civ. Proc. § 2019.210.) “[t]he la...

  • JOHN PARK V. PETER LUNARDI, ET AL.

    Jul 23, 2020 |  Santa Clara County

    -11

    The parties shall appear telephonically at the July-23 hearing on the motions addressed below, and Park shall prepare the proposed final order in conformity with the Court’s ruling. I. Introduction

    This action arises from a dispute over shares in a gaming business operated by Garden Cit...

  • CYNTHIA SEWAK V. EDWARD STAHL, ET AL.

    Jul 23, 2020 |  Santa Clara County

    I. Background

    Plaintiff Cynthia Sewak (“Sewak”) commenced this action against her employer, defendant Pharmaca Integrative Pharmacy, Inc. (“Pharmaca”), and its landlord, defendant Edward Stahl (“Stahl”), to recover damages for workplace injuries and related unlawful conduct by her employer. In brie...

  • JIN V. LI

    Jul 16, 2020 |  Santa Clara County

    -5

    According to the allegations of the first amended cross-complaint (“FAXC”), in 2018, cross-complainant Fuzu Li (“Fuzu”) served as the vice president of the Xi’an Jiaotong University Alumni Association of Northern California (“Association”), cross-defendant Jigang Jin (“Jin”) served as the execut...

  • KRAVCHUK V. TAYLOR MORRISON OF CAL., LLC

    Jul 16, 2020 |  Santa Clara County

    -2

    On June 18, 2019, plaintiff Mariia Kravchuk (“Plaintiff”) moved for leave to file a first amended complaint (“FAC”). The proposed FAC attached to the declaration of Plaintiff’s counsel, Alex Gortinsky (“Mr. Gortinsky”), asserted five causes of action: 1) breach of contract; 2) breach of the impl...

  • HUYNH, ET AL. V. MISSION DE LA CASA NURSING AND REHABILITATION CTR., ET AL.

    Jul 09, 2020 |  Santa Clara County

    According to the allegations of the first amended complaint (“FAC”), after defendant Dr. Ngai Nguyen (“Ngai”) determined that Peter Huynh (“Decedent” or “Huynh”) required placement in a skilled nursing care facility, Ngai recommended defendant Casavina Foundation Corporation dba Mission de la Casa Nursing ...

  • RANVIR KAUR V. CALIFORNIA DEPT. OF TRANSPORTATION, ET AL.

    Jul 09, 2020 |  Santa Clara County

    I. Background

    This action arises from a pedestrian-vehicle collision on El Camino Real in Sunnyvale, California. Pedestrian Ranvir Kaur (“Kaur”) alleges driver Jacob Morris (“Morris”) hit her with his car while she crossed El Camino Real at an unprotected crosswalk near its intersection with Helen ...

  • RICHARDSON V. RICHARDSON

    Jul 09, 2020 |  Santa Clara County

    -3

    I. Factual Background

    Plaintiff Rosa Maria Richardson filed a second amended complaint against Raul Richardson, individually and dba The Apartment Experts, The Apartment Management Experts, LLC (THE AME) and other defendants on November 8, 2018 asserting 11 causes of action including bre...

  • KRISTIE DOYLE, ET AL. V. IMERYS TALC AMERICA INC., ET AL.

    Jul 09, 2020 |  Santa Clara County

    I. Background

    This is an asbestos litigation case. Kristie Doyle, and her son, Ethan Doyle, by and through his guardian ad litem (collectively “Plaintiffs”), bring causes of action for product liability, fraud, and wrongful death against Imerys Talc America, Inc. (“Imerys”), and Johnson & Johnson/J...

  • ROVERE V. PENINSULA CORRIDOR JOINT POWERS BOARD DBA CALTRAIN

    Jul 09, 2020 |  Santa Clara County

    According to the allegations of the first amended complaint (“FAC”), defendant Peninsula Corridor Joint Powers Board dba Caltrain (“Defendant” or “Caltrain”) owned, operated and maintained train platform 12 located at West Evelyn Street in Sunnyvale. (See FAC, ¶ Prem L-1.) On July 28, 2018, Defendant permi...

  • MIGUEL ANGEL OLVERA, ET AL. V. HYUNDAI MOTOR AMERICA, INC.

    Jul 02, 2020 |  Santa Clara County

    –3

    I. Background

    Plaintiffs Miguel Angel Olvera and Kimberly Olvera (collectively, “Plaintiffs”) commenced this lemon law action against defendant Hyundai Motor America (“Defendant”). They allege the used 2015 Hyundai Sonata Sport they purchased from Defendant in 2018 has engine defects. Pl...

  • ESTILLORE V. QUALITY LOAN SERVICE CORP., ET AL.

    Jul 02, 2020 |  Santa Clara County

    According to the allegations of the third amended complaint (“TAC”), Plaintiff is currently residing—and at all relevant times in the TAC, has resided—in Cupertino.1 (See TAC, ¶ 3; see also Defs.’ Request for judicial notice, exh. I (Plaintiff’s Official Form 101-- Voluntary Petition for Individuals Filing...

  • MHC OPERATING LIMITED PARTNERSHIP ET AL. V. THE NICHOLSON FAMILY

    Jun 25, 2020 |  Santa Clara County

    Partnership

    Before the Court is defendant’s petition to compel arbitration, and to stay or dismiss the litigation.

    Factual Background

    Plaintiffs MHC Operating Limited Partnership (MHC), CountryPlace Mortgage Limited (“CountryPlace”), ECHO Financing, LLC (“ECHO”), and Stacey Winkelma...

  • MHC OPERATING LTD. PARTNERSHIP, ET AL. V. THE NICHOLSON FAMILY PARTNERSHIP

    Jun 25, 2020 |  Santa Clara County

    I. Background

    This action arises from a dispute over the operation of the Westwinds Mobile Home Park. Defendant the Nicholson Family Partnership (the “Nicholson Family”) owns the land where Westwinds is situated and leases it to park operator and master tenant MHC Operating Limited Partnership (“MH...

  • KONDA V. MARKOVIC, ET AL.

    Jun 18, 2020 |  Santa Clara County

    According to the allegations of the first amended complaint (“FAC”), in January 2009, plaintiff Venkat Konda (“Plaintiff”) was introduced to defendant Dejan Markovic (“Markovic”), a professor at UCLA with a focus of circuits and embedded systems. (See FAC, ¶ 30.) When an oral offer to fund Plaintiff’s comp...

  • WILLIAMS V. FERRIS, ET AL.

    Jun 11, 2020 |  Santa Clara County

    This is an action for fraud. From November 1999 to December 2005, plaintiff Lorie Williams (“Plaintiff”) was a tenant of the subject property at 1026 Yorktown Drive in Sunnyvale. (See third amended complaint (“TAC”), ¶¶ 1, 5.) In August 2005, Plaintiff was provided the opportunity to purchase the property,...

  • OANH KIM NGUYEN V. LONG THANG NGUYEN

    Jun 11, 2020 |  Santa Clara County

    I. Background

    This case involves a dispute over real property. Oanh Nguyen (“O. Nguyen”) originally brought causes of action against Long Thang Nguyen (hereinafter, “Cross- Complainant”) for wrongful transfer of a grant deed. In response, Cross-Complainant filed the cross-complaint at issue here, a...

  • MING YANG V. CHENGTA “ERIC” YANG, ET AL.

    Jun 11, 2020 |  Santa Clara County

    I. Background

    Ming Yang and his brother Chengta “Eric” Yang had a falling out in the course of running a business together. Ming claims his brother mismanaged the business and tried to force him out by spreading rumors and threatening to instigate criminal proceedings. Ming also alleges their attor...

  • JIN V. LI

    Jun 11, 2020 |  Santa Clara County

    According to the allegations of the cross-complaint (“XC”), in 2018, cross-complainant Fuzu Li (“Fuzu”) served as the vice president of the Xi’an Jiaotong University Alumni Association of Northern California (“Association”), cross-defendant Jigang Jin (“Jin”) served as the executive vice president, and cro...

  • EDWARD RUSTAMZADEH, M.D., ET AL. V. JILL CUDIA

    Jun 11, 2020 |  Santa Clara County

    I. Background

    Surgeon Edward Rustamzadeh, M.D.—of the practice Premier Brain & Spine Institute, Inc.—alleges his former patient Jill Cudia published false and defamatory reviews about the medical care she received on the websites www.yelp.com and www.ratemds.com. Cudia claimed Dr. Rustamzadeh was n...

  • JULIE A. PAVLINA SAN GIORGIO V. STEPHEN PAVILINA

    Jun 04, 2020 |  Santa Clara County

    The Court has reviewed all of the moving, reply and opposition papers filed in connection with this motion. For ease of reference, the Court refers to Ms. Pavlina San Giorgio as “Julie” and Stephen Pavlina as “Stephen.” No disrespect is intended. The Court makes the following orders:

    1. The Court i...

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Recent Rulings by Hon. Maureen A. Folan

  • VINH Q. HOANG V. TRUNG TRAN, ET AL.

    Jul 30, 2020 |  Santa Clara County

    Plaintiff Vinh Q. Hoang (“Hoang”) alleges he was defrauded in the course of investing in real estate and had his investment misappropriated by the defendants. In the operative third amended complaint (“TAC”), Hoang substitutes Compass Bank for Doe 11 on the basis it is a party to the deed of trust (identif...

  • HUGHES V. TARGET CORP.

    Jul 30, 2020 |  Santa Clara County

    -7

    According to the allegations of the third amended complaint (“TAC”), on October 14, 2015, plaintiff Kathy Hughes (“Plaintiff”) was approached by a member of defendant Target Corporation’s (“Defendant”) security team who confronted her and told her she was a trespasser, and not allowed at the Tar...

  • MICHELLE PAKNAD V. INTUITIVE SURGICAL, INC., ET AL.

    Jul 23, 2020 |  Santa Clara County

    -3

    I. Background

    This action arises from allegations of employment discrimination, harassment, retaliation, and wrongful termination. In 2010, Intuitive Surgical, Inc. and Intuitive Surgical Operations, Inc. (collectively, “Intuitive”) hired plaintiff Michelle Paknad (“Paknad”) as a Senior ...

  • VENKAT KONDA V. MARKOVIC ET AL

    Jul 23, 2020 |  Santa Clara County

    I. Defendants’ motion for protective order staying discovery pursuant to Code of Civil Procedure section 2019.210 is DENIED.

    Section 2019.210 states that “the party alleging the misappropriation shall identify the trade secret with reasonable particularity….” (Code Civ. Proc. § 2019.210.) “[t]he la...

  • JOHN PARK V. PETER LUNARDI, ET AL.

    Jul 23, 2020 |  Santa Clara County

    -11

    The parties shall appear telephonically at the July-23 hearing on the motions addressed below, and Park shall prepare the proposed final order in conformity with the Court’s ruling. I. Introduction

    This action arises from a dispute over shares in a gaming business operated by Garden Cit...

  • CYNTHIA SEWAK V. EDWARD STAHL, ET AL.

    Jul 23, 2020 |  Santa Clara County

    I. Background

    Plaintiff Cynthia Sewak (“Sewak”) commenced this action against her employer, defendant Pharmaca Integrative Pharmacy, Inc. (“Pharmaca”), and its landlord, defendant Edward Stahl (“Stahl”), to recover damages for workplace injuries and related unlawful conduct by her employer. In brie...

  • JIN V. LI

    Jul 16, 2020 |  Santa Clara County

    -5

    According to the allegations of the first amended cross-complaint (“FAXC”), in 2018, cross-complainant Fuzu Li (“Fuzu”) served as the vice president of the Xi’an Jiaotong University Alumni Association of Northern California (“Association”), cross-defendant Jigang Jin (“Jin”) served as the execut...

  • KRAVCHUK V. TAYLOR MORRISON OF CAL., LLC

    Jul 16, 2020 |  Santa Clara County

    -2

    On June 18, 2019, plaintiff Mariia Kravchuk (“Plaintiff”) moved for leave to file a first amended complaint (“FAC”). The proposed FAC attached to the declaration of Plaintiff’s counsel, Alex Gortinsky (“Mr. Gortinsky”), asserted five causes of action: 1) breach of contract; 2) breach of the impl...

  • HUYNH, ET AL. V. MISSION DE LA CASA NURSING AND REHABILITATION CTR., ET AL.

    Jul 09, 2020 |  Santa Clara County

    According to the allegations of the first amended complaint (“FAC”), after defendant Dr. Ngai Nguyen (“Ngai”) determined that Peter Huynh (“Decedent” or “Huynh”) required placement in a skilled nursing care facility, Ngai recommended defendant Casavina Foundation Corporation dba Mission de la Casa Nursing ...

  • RANVIR KAUR V. CALIFORNIA DEPT. OF TRANSPORTATION, ET AL.

    Jul 09, 2020 |  Santa Clara County

    I. Background

    This action arises from a pedestrian-vehicle collision on El Camino Real in Sunnyvale, California. Pedestrian Ranvir Kaur (“Kaur”) alleges driver Jacob Morris (“Morris”) hit her with his car while she crossed El Camino Real at an unprotected crosswalk near its intersection with Helen ...

  • RICHARDSON V. RICHARDSON

    Jul 09, 2020 |  Santa Clara County

    -3

    I. Factual Background

    Plaintiff Rosa Maria Richardson filed a second amended complaint against Raul Richardson, individually and dba The Apartment Experts, The Apartment Management Experts, LLC (THE AME) and other defendants on November 8, 2018 asserting 11 causes of action including bre...

  • KRISTIE DOYLE, ET AL. V. IMERYS TALC AMERICA INC., ET AL.

    Jul 09, 2020 |  Santa Clara County

    I. Background

    This is an asbestos litigation case. Kristie Doyle, and her son, Ethan Doyle, by and through his guardian ad litem (collectively “Plaintiffs”), bring causes of action for product liability, fraud, and wrongful death against Imerys Talc America, Inc. (“Imerys”), and Johnson & Johnson/J...

  • ROVERE V. PENINSULA CORRIDOR JOINT POWERS BOARD DBA CALTRAIN

    Jul 09, 2020 |  Santa Clara County

    According to the allegations of the first amended complaint (“FAC”), defendant Peninsula Corridor Joint Powers Board dba Caltrain (“Defendant” or “Caltrain”) owned, operated and maintained train platform 12 located at West Evelyn Street in Sunnyvale. (See FAC, ¶ Prem L-1.) On July 28, 2018, Defendant permi...

  • MIGUEL ANGEL OLVERA, ET AL. V. HYUNDAI MOTOR AMERICA, INC.

    Jul 02, 2020 |  Santa Clara County

    –3

    I. Background

    Plaintiffs Miguel Angel Olvera and Kimberly Olvera (collectively, “Plaintiffs”) commenced this lemon law action against defendant Hyundai Motor America (“Defendant”). They allege the used 2015 Hyundai Sonata Sport they purchased from Defendant in 2018 has engine defects. Pl...

  • ESTILLORE V. QUALITY LOAN SERVICE CORP., ET AL.

    Jul 02, 2020 |  Santa Clara County

    According to the allegations of the third amended complaint (“TAC”), Plaintiff is currently residing—and at all relevant times in the TAC, has resided—in Cupertino.1 (See TAC, ¶ 3; see also Defs.’ Request for judicial notice, exh. I (Plaintiff’s Official Form 101-- Voluntary Petition for Individuals Filing...

  • MHC OPERATING LIMITED PARTNERSHIP ET AL. V. THE NICHOLSON FAMILY

    Jun 25, 2020 |  Santa Clara County

    Partnership

    Before the Court is defendant’s petition to compel arbitration, and to stay or dismiss the litigation.

    Factual Background

    Plaintiffs MHC Operating Limited Partnership (MHC), CountryPlace Mortgage Limited (“CountryPlace”), ECHO Financing, LLC (“ECHO”), and Stacey Winkelma...

  • MHC OPERATING LTD. PARTNERSHIP, ET AL. V. THE NICHOLSON FAMILY PARTNERSHIP

    Jun 25, 2020 |  Santa Clara County

    I. Background

    This action arises from a dispute over the operation of the Westwinds Mobile Home Park. Defendant the Nicholson Family Partnership (the “Nicholson Family”) owns the land where Westwinds is situated and leases it to park operator and master tenant MHC Operating Limited Partnership (“MH...

  • KONDA V. MARKOVIC, ET AL.

    Jun 18, 2020 |  Santa Clara County

    According to the allegations of the first amended complaint (“FAC”), in January 2009, plaintiff Venkat Konda (“Plaintiff”) was introduced to defendant Dejan Markovic (“Markovic”), a professor at UCLA with a focus of circuits and embedded systems. (See FAC, ¶ 30.) When an oral offer to fund Plaintiff’s comp...

  • WILLIAMS V. FERRIS, ET AL.

    Jun 11, 2020 |  Santa Clara County

    This is an action for fraud. From November 1999 to December 2005, plaintiff Lorie Williams (“Plaintiff”) was a tenant of the subject property at 1026 Yorktown Drive in Sunnyvale. (See third amended complaint (“TAC”), ¶¶ 1, 5.) In August 2005, Plaintiff was provided the opportunity to purchase the property,...

  • OANH KIM NGUYEN V. LONG THANG NGUYEN

    Jun 11, 2020 |  Santa Clara County

    I. Background

    This case involves a dispute over real property. Oanh Nguyen (“O. Nguyen”) originally brought causes of action against Long Thang Nguyen (hereinafter, “Cross- Complainant”) for wrongful transfer of a grant deed. In response, Cross-Complainant filed the cross-complaint at issue here, a...

  • MING YANG V. CHENGTA “ERIC” YANG, ET AL.

    Jun 11, 2020 |  Santa Clara County

    I. Background

    Ming Yang and his brother Chengta “Eric” Yang had a falling out in the course of running a business together. Ming claims his brother mismanaged the business and tried to force him out by spreading rumors and threatening to instigate criminal proceedings. Ming also alleges their attor...

  • JIN V. LI

    Jun 11, 2020 |  Santa Clara County

    According to the allegations of the cross-complaint (“XC”), in 2018, cross-complainant Fuzu Li (“Fuzu”) served as the vice president of the Xi’an Jiaotong University Alumni Association of Northern California (“Association”), cross-defendant Jigang Jin (“Jin”) served as the executive vice president, and cro...

  • EDWARD RUSTAMZADEH, M.D., ET AL. V. JILL CUDIA

    Jun 11, 2020 |  Santa Clara County

    I. Background

    Surgeon Edward Rustamzadeh, M.D.—of the practice Premier Brain & Spine Institute, Inc.—alleges his former patient Jill Cudia published false and defamatory reviews about the medical care she received on the websites www.yelp.com and www.ratemds.com. Cudia claimed Dr. Rustamzadeh was n...

  • JULIE A. PAVLINA SAN GIORGIO V. STEPHEN PAVILINA

    Jun 04, 2020 |  Santa Clara County

    The Court has reviewed all of the moving, reply and opposition papers filed in connection with this motion. For ease of reference, the Court refers to Ms. Pavlina San Giorgio as “Julie” and Stephen Pavlina as “Stephen.” No disrespect is intended. The Court makes the following orders:

    1. The Court i...

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