The Honorable Theodore C. Zayner

Santa Clara County Superior Court, Department 6

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Biography

The Hon. Theodore C. Zayner is a judge for the Superior Court of Santa Clara County in California. He was appointed to the bench by former governor Arnold Schwarzenegger in 2009, filling a vacancy created by the retirement of the Hon. Rodney J. Stafford.

Zayner earned a B.A. in economics from Stanford University in 1979. He then received a J.D. from the University of California, Hastings College of the Law in 1983.

He began his legal career in 1983. He first joined Ropers, Majeski, Kohn & Bentley. During his fifteen-year tenure there, he worked as an associate, eventually becoming a partner. Then, in 1998, he moved to Sandall & Penrose, where he practiced as an associate until 2003. He spent the next two years as a managing attorney with Forge & Zayner before starting his own private practice as a sole practitioner. Then, just prior to his appointment to the bench, he accepted a position as an associate with Adleson, Hess & Kelly.

His memberships have included the Santa Clara County Bar Association and the Fair Election Practices Commission. He has also served on the Board of Governors of the Association of Business Trial Lawyers.

He was named Trial Judge of the Year by the Santa Clara County Trial Lawyers Association in 2016.

Zayner was born and raised in Chicago, Illinois. He graduated from St. Ignatius College Prep.

He is registered as decline-to-state.

Recent Rulings by Hon. Theodore C. Zayner

  • ORR V. TRAINA, ET AL.

    Jun 20, 2019 |  Santa Clara County

    Defendants Valerie Traina (“Valerie”) and Alexandra Orr (“Alexandra”) (collectively, “Defendants”) move for summary judgment, or in the alternative, summary judgment in their favor and against plaintiff William Orr (“William” or “Plaintiff”).

    I. Factual and Procedural Background

    This is an ...

  • JOYCE CHIN V. KATHERINE NGAI-PESIC

    Jun 20, 2019 |  Santa Clara County

    I. Introduction

    This action arises from a dispute over the posthumous conception of children through in vitro fertilization. In brief, plaintiff Joyce Chin (“Plaintiff”) conceived children using genetic material preserved during the life of decedent Ivan Pesic (“Pesic”). When Pesic passed away, he ...

  • ALEXIS WINTER V. NORCAL-CB-FIRST ST., INC. DBA COFFEE BEAN & TEA LEAF, ET AL.

    May 23, 2019 |  Santa Clara County

    Motion to Compel Further Responses to Special Interrogatories and Requests for Production of Documents and Request for Monetary Sanctions by Defendant Norcal CB- First Street, Inc. dba Coffee Bean & Tea Leaf

    Factual and Procedural Background

    This is a slip and fall case. On February 28, 201...

  • CHARLES WILHELM, ET AL. V. WILLIAM YUAN, ET AL.

    May 23, 2019 |  Santa Clara County

    This action seemingly arises from a fraudulent loan transaction. Charles Wilhelm and his wife Brenda Wilhelm (collectively, “Plaintiffs”) commenced this action as trustees of the Wilhelm Family Trust. Plaintiffs, for unspecified reasons, promised defendant William Yuan (“Yuan”) that they would wire funds t...

  • SANCHEZ V. COUNTY OF SANTA CLARA, ET AL.

    May 23, 2019 |  Santa Clara County

    – 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 an action for premises liability. According to the allegations of the complaint, on October 8, 2015, pl...

  • HOWARD LOO, ET AL. V. TERRAHASH, INC., ET AL.

    Feb 28, 2019 |  Santa Clara County

    Before the Court is a motion by defendant Amir Khan to set aside a default judgment and quash service of summons.

    I. Background

    Plaintiffs1 allege defendant Amir Khan2 (“Khan”) defrauded them into purchasing application-specific integrated circuit chips for mining bitcoin from his company T...

  • CATHERINE MARTINEZ V. QUALITY RESPITE AND HOME CARE, INC.

    Feb 28, 2019 |  Santa Clara County

    Motion for Summary Judgment, or in the Alternative, Summary Adjudication to the Complaint by Defendant Quality Respite and Home Care, Inc.

    Factual and Procedural Background

    This is an employment discrimination case. Defendant Quality Respite and Home Care, Inc. (“Quality”) provides caregive...

  • REDWOOD PROPERTY INVESTORS II, LLC V. DARVIN PECK, ET AL.

    Feb 28, 2019 |  Santa Clara County

    I. Background

    This common count action is filed by plaintiff Redwood Property Investors II, LLC (“Plaintiff”) against defendants Darvin Lyn Peck (“Peck”) and Celia J. Salazar (collectively “Defendants”).

    As alleged in the Complaint, Defendants are the former owners of real property located ...

  • WILMINGTON TRUST, NATIONAL ASSOCIATION V. NELSON R HERRERA, ET AL.

    Jan 17, 2019 |  Santa Clara County

    – 2

    I. Background

    This is a post-foreclosure unlawful detainer action brought by Wilmington Trust, National Association, as Successor Trust to Citibank, N.A., as Trustee for Bear Sterns Alt-A Trust, Mortgage Pass-Through Certificates, Series 2007-1 (“Plaintiff”) against Nelson R. Herrera an...

  • WILMINGTON TRUST, NATIONAL ASSOCIATION V. NELSON R HERRERA, ET AL.

    Jan 17, 2019 |  Santa Clara County

    – 2

    I. Background

    This is a post-foreclosure unlawful detainer action brought by Wilmington Trust, National Association, as Successor Trust to Citibank, N.A., as Trustee for Bear Sterns Alt-A Trust, Mortgage Pass-Through Certificates, Series 2007-1 (“Plaintiff”) against Nelson R. Herrera an...

  • NAREN CHAGANTI V. CRICKET COMMUNICATIONS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    The motion by Plaintiff Naren Chaganti (“Plaintiff”) seeking reconsideration of this Court’s August 20, 2018 Order granting in part and denying in part Defendants’ motion for summary adjudication is ordered off calendar as MOOT.

    Judgment in this matter was entered on December 20, 2018 after a jury ...

  • SONIA MORALES V. DAVID GARDNER, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Defendants’ motion to compel plaintiff’s attendance at deposition is DENIED, without prejudice, although no opposition has been filed. Defendants do not present evidence that plaintiff – who is self-represented – was herself served with any notice of deposition. Defendants’ evidence only includes notices o...

  • FUJIHARA, ET AL. V. REBECCA JEAN CATERING, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiffs’ motion to quash subpoenas is GRANTED as unopposed by defendants, per counsel’s declaration of non-opposition describing agreement to modify or limit subpoenas and refrain from seeking records pending this resolution. Motion is granted without prejudice to renewed subpoenas limited appropriately...

  • CRAIG YOUNG V. PEERLESS PRODUCTS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    This is an action brought by Plaintiff Craig Young dba Quixsilver Systems (“Plaintiff”) an independent sales representative seeking to recover unpaid sales commissions he maintains he is entitled to under a written contract (a “Sales Rep Agreement”) between himself and Defendant Peerless Products, Inc. (“P...

  • NAREN CHAGANTI V. CRICKET COMMUNICATIONS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    The motion by Plaintiff Naren Chaganti (“Plaintiff”) seeking reconsideration of this Court’s August 20, 2018 Order granting in part and denying in part Defendants’ motion for summary adjudication is ordered off calendar as MOOT.

    Judgment in this matter was entered on December 20, 2018 after a jury ...

  • WANG V. HUAFA INDUSTRIAL, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiff’s motion to compel deposition is DENIED. Plaintiff fails to demonstrate adequate meet and confer efforts which meet the standard of CCP §2016.040, and presents insufficient legal and factual basis for motion – where defendant has not refused to produce person most qualified deponent and plaintiff...

  • SONIA MORALES V. DAVID GARDNER, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Defendants’ motion to compel plaintiff’s attendance at deposition is DENIED, without prejudice, although no opposition has been filed. Defendants do not present evidence that plaintiff – who is self-represented – was herself served with any notice of deposition. Defendants’ evidence only includes notices o...

  • WANG V. HUAFA INDUSTRIAL, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiff’s motion to compel deposition is DENIED. Plaintiff fails to demonstrate adequate meet and confer efforts which meet the standard of CCP §2016.040, and presents insufficient legal and factual basis for motion – where defendant has not refused to produce person most qualified deponent and plaintiff...

  • CRAIG YOUNG V. PEERLESS PRODUCTS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    This is an action brought by Plaintiff Craig Young dba Quixsilver Systems (“Plaintiff”) an independent sales representative seeking to recover unpaid sales commissions he maintains he is entitled to under a written contract (a “Sales Rep Agreement”) between himself and Defendant Peerless Products, Inc. (“P...

  • FUJIHARA, ET AL. V. REBECCA JEAN CATERING, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiffs’ motion to quash subpoenas is GRANTED as unopposed by defendants, per counsel’s declaration of non-opposition describing agreement to modify or limit subpoenas and refrain from seeking records pending this resolution. Motion is granted without prejudice to renewed subpoenas limited appropriately...

  • JOSE ARVIZU, ET AL. V. PATRICK EUGENE OLIVER, ET AL.

    Jan 10, 2019 |  Santa Clara County

    Plaintiff brings as a post judgment motion five motions in one: a motion to compel answers to interrogatories; a motion for sanctions; a motion assigning debtor’s right to payment; a motion charging debtor’s interests in limited liability companies; and a motion for award of post-judgment attorney’s fees. ...

  • CASE NAMES PONCE V GENERAL MOTORS VS. GENERAL MOTORS

    Jan 10, 2019 |  Santa Clara County

    – 6

    Case Names: Ponce v. General Motors, Suljic v. General Motors

    Before the court in each of these cases is plaintiff’s motion to compel further responses to requests for production, and defendant’s motion for protective order. The motions were continued from 12/4/2018 for the court to hav...

  • ALI HEIDARI V. JAMES M. KELLEY, ET AL.

    Jan 03, 2019 |  Santa Clara County

    This is a demurrer brought by Defendant James M. Kelley (“Defendant”) to the original complaint in this limited civil action filed by Plaintiff Ali Heidari (“Plaintiff”). Only general demurrers are permitted in limited civil actions. (See Code of Civil Procedure (“CCP”) § 92.) The Complaint states a single...

  • ODETTE KARAMI SANGAR, ET AL. V. CHINDER MICHAEL MO, ET AL.

    Dec 20, 2018 |  Santa Clara County

    This action arises from collision between an automobile and a pedestrian that resulted in the death of Decedent Odette Karami Sangar (“Decedent”) on September 10, 2013. Decedent was struck while she was walking in front of the home of Defendant Chinder Michael Mo (“Mo”) on Lisa Way in Milpitas. Mo was back...

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Recent Rulings by Hon. Theodore C. Zayner

  • ORR V. TRAINA, ET AL.

    Jun 20, 2019 |  Santa Clara County

    Defendants Valerie Traina (“Valerie”) and Alexandra Orr (“Alexandra”) (collectively, “Defendants”) move for summary judgment, or in the alternative, summary judgment in their favor and against plaintiff William Orr (“William” or “Plaintiff”).

    I. Factual and Procedural Background

    This is an ...

  • JOYCE CHIN V. KATHERINE NGAI-PESIC

    Jun 20, 2019 |  Santa Clara County

    I. Introduction

    This action arises from a dispute over the posthumous conception of children through in vitro fertilization. In brief, plaintiff Joyce Chin (“Plaintiff”) conceived children using genetic material preserved during the life of decedent Ivan Pesic (“Pesic”). When Pesic passed away, he ...

  • ALEXIS WINTER V. NORCAL-CB-FIRST ST., INC. DBA COFFEE BEAN & TEA LEAF, ET AL.

    May 23, 2019 |  Santa Clara County

    Motion to Compel Further Responses to Special Interrogatories and Requests for Production of Documents and Request for Monetary Sanctions by Defendant Norcal CB- First Street, Inc. dba Coffee Bean & Tea Leaf

    Factual and Procedural Background

    This is a slip and fall case. On February 28, 201...

  • CHARLES WILHELM, ET AL. V. WILLIAM YUAN, ET AL.

    May 23, 2019 |  Santa Clara County

    This action seemingly arises from a fraudulent loan transaction. Charles Wilhelm and his wife Brenda Wilhelm (collectively, “Plaintiffs”) commenced this action as trustees of the Wilhelm Family Trust. Plaintiffs, for unspecified reasons, promised defendant William Yuan (“Yuan”) that they would wire funds t...

  • SANCHEZ V. COUNTY OF SANTA CLARA, ET AL.

    May 23, 2019 |  Santa Clara County

    – 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 an action for premises liability. According to the allegations of the complaint, on October 8, 2015, pl...

  • HOWARD LOO, ET AL. V. TERRAHASH, INC., ET AL.

    Feb 28, 2019 |  Santa Clara County

    Before the Court is a motion by defendant Amir Khan to set aside a default judgment and quash service of summons.

    I. Background

    Plaintiffs1 allege defendant Amir Khan2 (“Khan”) defrauded them into purchasing application-specific integrated circuit chips for mining bitcoin from his company T...

  • CATHERINE MARTINEZ V. QUALITY RESPITE AND HOME CARE, INC.

    Feb 28, 2019 |  Santa Clara County

    Motion for Summary Judgment, or in the Alternative, Summary Adjudication to the Complaint by Defendant Quality Respite and Home Care, Inc.

    Factual and Procedural Background

    This is an employment discrimination case. Defendant Quality Respite and Home Care, Inc. (“Quality”) provides caregive...

  • REDWOOD PROPERTY INVESTORS II, LLC V. DARVIN PECK, ET AL.

    Feb 28, 2019 |  Santa Clara County

    I. Background

    This common count action is filed by plaintiff Redwood Property Investors II, LLC (“Plaintiff”) against defendants Darvin Lyn Peck (“Peck”) and Celia J. Salazar (collectively “Defendants”).

    As alleged in the Complaint, Defendants are the former owners of real property located ...

  • WILMINGTON TRUST, NATIONAL ASSOCIATION V. NELSON R HERRERA, ET AL.

    Jan 17, 2019 |  Santa Clara County

    – 2

    I. Background

    This is a post-foreclosure unlawful detainer action brought by Wilmington Trust, National Association, as Successor Trust to Citibank, N.A., as Trustee for Bear Sterns Alt-A Trust, Mortgage Pass-Through Certificates, Series 2007-1 (“Plaintiff”) against Nelson R. Herrera an...

  • WILMINGTON TRUST, NATIONAL ASSOCIATION V. NELSON R HERRERA, ET AL.

    Jan 17, 2019 |  Santa Clara County

    – 2

    I. Background

    This is a post-foreclosure unlawful detainer action brought by Wilmington Trust, National Association, as Successor Trust to Citibank, N.A., as Trustee for Bear Sterns Alt-A Trust, Mortgage Pass-Through Certificates, Series 2007-1 (“Plaintiff”) against Nelson R. Herrera an...

  • NAREN CHAGANTI V. CRICKET COMMUNICATIONS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    The motion by Plaintiff Naren Chaganti (“Plaintiff”) seeking reconsideration of this Court’s August 20, 2018 Order granting in part and denying in part Defendants’ motion for summary adjudication is ordered off calendar as MOOT.

    Judgment in this matter was entered on December 20, 2018 after a jury ...

  • SONIA MORALES V. DAVID GARDNER, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Defendants’ motion to compel plaintiff’s attendance at deposition is DENIED, without prejudice, although no opposition has been filed. Defendants do not present evidence that plaintiff – who is self-represented – was herself served with any notice of deposition. Defendants’ evidence only includes notices o...

  • FUJIHARA, ET AL. V. REBECCA JEAN CATERING, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiffs’ motion to quash subpoenas is GRANTED as unopposed by defendants, per counsel’s declaration of non-opposition describing agreement to modify or limit subpoenas and refrain from seeking records pending this resolution. Motion is granted without prejudice to renewed subpoenas limited appropriately...

  • CRAIG YOUNG V. PEERLESS PRODUCTS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    This is an action brought by Plaintiff Craig Young dba Quixsilver Systems (“Plaintiff”) an independent sales representative seeking to recover unpaid sales commissions he maintains he is entitled to under a written contract (a “Sales Rep Agreement”) between himself and Defendant Peerless Products, Inc. (“P...

  • NAREN CHAGANTI V. CRICKET COMMUNICATIONS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    The motion by Plaintiff Naren Chaganti (“Plaintiff”) seeking reconsideration of this Court’s August 20, 2018 Order granting in part and denying in part Defendants’ motion for summary adjudication is ordered off calendar as MOOT.

    Judgment in this matter was entered on December 20, 2018 after a jury ...

  • WANG V. HUAFA INDUSTRIAL, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiff’s motion to compel deposition is DENIED. Plaintiff fails to demonstrate adequate meet and confer efforts which meet the standard of CCP §2016.040, and presents insufficient legal and factual basis for motion – where defendant has not refused to produce person most qualified deponent and plaintiff...

  • SONIA MORALES V. DAVID GARDNER, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Defendants’ motion to compel plaintiff’s attendance at deposition is DENIED, without prejudice, although no opposition has been filed. Defendants do not present evidence that plaintiff – who is self-represented – was herself served with any notice of deposition. Defendants’ evidence only includes notices o...

  • WANG V. HUAFA INDUSTRIAL, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiff’s motion to compel deposition is DENIED. Plaintiff fails to demonstrate adequate meet and confer efforts which meet the standard of CCP §2016.040, and presents insufficient legal and factual basis for motion – where defendant has not refused to produce person most qualified deponent and plaintiff...

  • CRAIG YOUNG V. PEERLESS PRODUCTS, INC., ET AL.

    Jan 17, 2019 |  Santa Clara County

    This is an action brought by Plaintiff Craig Young dba Quixsilver Systems (“Plaintiff”) an independent sales representative seeking to recover unpaid sales commissions he maintains he is entitled to under a written contract (a “Sales Rep Agreement”) between himself and Defendant Peerless Products, Inc. (“P...

  • FUJIHARA, ET AL. V. REBECCA JEAN CATERING, ET AL.

    Jan 17, 2019 |  Santa Clara County

    Plaintiffs’ motion to quash subpoenas is GRANTED as unopposed by defendants, per counsel’s declaration of non-opposition describing agreement to modify or limit subpoenas and refrain from seeking records pending this resolution. Motion is granted without prejudice to renewed subpoenas limited appropriately...

  • JOSE ARVIZU, ET AL. V. PATRICK EUGENE OLIVER, ET AL.

    Jan 10, 2019 |  Santa Clara County

    Plaintiff brings as a post judgment motion five motions in one: a motion to compel answers to interrogatories; a motion for sanctions; a motion assigning debtor’s right to payment; a motion charging debtor’s interests in limited liability companies; and a motion for award of post-judgment attorney’s fees. ...

  • CASE NAMES PONCE V GENERAL MOTORS VS. GENERAL MOTORS

    Jan 10, 2019 |  Santa Clara County

    – 6

    Case Names: Ponce v. General Motors, Suljic v. General Motors

    Before the court in each of these cases is plaintiff’s motion to compel further responses to requests for production, and defendant’s motion for protective order. The motions were continued from 12/4/2018 for the court to hav...

  • ALI HEIDARI V. JAMES M. KELLEY, ET AL.

    Jan 03, 2019 |  Santa Clara County

    This is a demurrer brought by Defendant James M. Kelley (“Defendant”) to the original complaint in this limited civil action filed by Plaintiff Ali Heidari (“Plaintiff”). Only general demurrers are permitted in limited civil actions. (See Code of Civil Procedure (“CCP”) § 92.) The Complaint states a single...

  • ODETTE KARAMI SANGAR, ET AL. V. CHINDER MICHAEL MO, ET AL.

    Dec 20, 2018 |  Santa Clara County

    This action arises from collision between an automobile and a pedestrian that resulted in the death of Decedent Odette Karami Sangar (“Decedent”) on September 10, 2013. Decedent was struck while she was walking in front of the home of Defendant Chinder Michael Mo (“Mo”) on Lisa Way in Milpitas. Mo was back...

  • See More Results

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