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MARSHA ARMSTRONG, M.D. V. ANTHONY TREPEL, ET AL.

, 6 and 13 These consolidated actions arise from alleged professional negligence, breach of contract and promissory fraud. Currently before the Court are three motions by Defendant Anthony Trepel (“Trepel”): two for summary judgment only, and one for summary judgment and summary adjudication in the alternative, each directed at the operative pl...

  • Hearing

    Jul 26, 2018

GARCIA, ET AL. V. FRY'S ELECTRONICS

9 COUNTY OF SANTA CLARA 12 GUADALUPE PUENTE GARCIA and IDALIA BALTAZAR, as aggrieved employees pursuant to 13 the Private Attorneys General Act (“PAGA”), and TENTATIVE RULING RE: MOTION on behalf of the State of California and other FOR SUMMARY JUDGMENT OR, 14 aggrieved employees, ALTERNATIVELY, SUMMARY ADJUDICATION 15 Plaintiffs, 16 vs. ...

  • Hearing

    Aug 09, 2019

DEWAYNE CASSEL V. GOOGLE LLC, ET AL.

This is an action under the Labor Code, the Private Attorneys General Act (“PAGA”), the Unfair Competition Law (“UCL”), and other statutes, arising from defendants Google LLC, Google Inc., and Alphabet, Inc.’s (collectively, “Google”) alleged practices of recruiting diverse candidates by misrepresenting the nature of the job they will perform if th...

  • Hearing

    Mar 06, 2020

NICHOLAS VINCENT SERIO VS. PORTFOLIO RECOVERY ASSOCIATES

. PORTFOLIO RECOVERY ASSOCIATES, LLC, 16 a Delaware limited liability company; and DOES 1 through 10, inclusive, Footnote 15: Footnote 17: Defendants. Footnote 18: 19...

  • Hearing

    Jan 31, 2020

CYNTHIA SWINEHART VS. GOOGLE INC.

Defendant Google, Inc. (“Defendant”) has filed a motion to dismiss the action following Plaintiff Cynthia Swinehart’s (“Plaintiff”) most recent failure to state a viable claim against Defendant. Defendant’s motion for entry of judgment for Plaintiff’s failure to file an amended complaint that states a valid claim is GRANTED. The Court does not ...

  • Hearing

    Jul 12, 2018

DO V. NATIONSTAR MORTGAGE LLC, ET AL.

Defendant Nationstar Mortgage LLC dba Mr. Cooper (“Nationstar” or “Defendant”) demurs to the complaint (“Complaint”) filed by plaintiffs Minha Do and Cuong Viet Do (collectively, “Plaintiffs”). I. Factual and Procedural Background This is an action for a variety of violations of the California Homeowner Bill of Rights (the “HBOR”), among ot...

  • Hearing

    Dec 06, 2018

  • Judge

    Presiding

  • County

    Santa Clara County, CA

KEMRON EBANKS VS JOHN STRATTON ET AL

On August 31, 2018, the Court granted the motion of Defendants John Stratton, Semanthia Beal, Don Aves, and DJ Hilbun (“Defendants”) Special Motion to Strike the complaint of Plaintiff Kemron Ebanks (“Plaintiff”) pursuant to Code of Civil Procedure section 425.16 (otherwise known as an “Anti-SLAPP motion). Defendants are seeking their attorney ...

  • Hearing

    Mar 21, 2019

HOWARD A. MYERS V. LAURIE SMITH, ET AL.

Currently before the Court is the demurrer by defendants Laurie Smith (“Smith”) and Rick Sung (“Sung”) (collectively, “Defendants”) to the complaint of plaintiff Howard A Myers (“Plaintiff”). Factual and Procedural Background This citizen suit under Code of Civil Procedure section 526a is for declaratory and injunctive relief and seeks to r...

  • Hearing

    Jan 23, 2020

JESUS CHAVEZ V. GUESS? RETAIL, INC., ET AL.

Before the Court are two actions under the Private Attorneys General Act (“PAGA”) by employees of defendant Guess? Retail, Inc. At issue is plaintiff Jesus Chavez’s motion for approval of a global settlement, which is unopposed. Plaintiff Chuck Clark seeks to join in Chavez’s motion, and this request is GRANTED. Clark and his counsel have also ...

  • Hearing

    Feb 07, 2020

CARLOS ESCOBAR V. ORION SECURITY PATROL, INC., ET AL.

*The tentative ruling below was issued to the parties on June 5, 2018. This is a putative class action alleging wage and hour violations by Orion Security Patrol, Inc. Before the Court are motions by plaintiff to compel (1) initial and further responses to special interrogatories (“SI”s), (2) further responses to requests for production of docu...

  • Hearing

    Jun 08, 2018

CORREA V. IL FORNAIO (AMERICA) CORPORATION (TO BE INCLUDED IN IL FORNAIO WAGE AND HOUR CASES, JCCP5120, SANTA CLARA)

9 COUNTY OF SANTA CLARA 12 LAZARO CORREA, individually, and on behalf of others similarly situated, 13 TENTATIVE RULING RE: PETITION Plaintiff, FOR COORDINATION AND MOTION 14 TO STAY vs. 16 Delaware corporation; and DOES 1 through 50, inclusive, 22 I. INTRODUCTION 23 This is a putative class action arising out of various all...

  • Hearing

    Sep 30, 2020

JIN V. LI

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 cross-defendant Yaning Li (“Yaning”) served as...

  • Hearing

    Jun 11, 2020

ORION LISTUG, ET AL. V. KATHY KEJIE ZHANG

Currently before the Court are the demurrer and motion to strike by defendant Kathy Kejie Zhang (“Defendant”). Factual and Procedural Background This is a personal injury action. On May 11, 2017, plaintiff Orion Listug (“Orion”) was riding his bicycle in the bicycle lane on Central Expressway in Mountain View, California. 1 (Complaint, ¶ 9....

  • Hearing

    Sep 19, 2019

JOHN OBIOLS V. LOCKHEED MARTIN CORPORATION, ET AL.

This is a putative wage and hour class action by employees of defendant Lockheed Martin Corporation, alleging that defendant failed to identify accurate overtime rates and total hours worked on employees’ wage statements. The parties have reached a settlement, which the Court preliminarily approved on June 12, 2018. The factual and procedural backg...

  • Hearing

    Oct 19, 2018

CALIFORNIA SPINE AND NEUROSURGERY INSTITUTE V. BLUE CROSS OF CALIFORNIA, ET AL.

I. Background California Spine and Neurosurgery Institute (“Plaintiff”) seeks to recover $60,183.92 from defendant Granite Construction Company (“Granite”) and the provider of its employer- sponsored healthcare plan, namely defendant Blue Cross of California (doing business as Anthem Blue Cross) (“Anthem”), for medical care provided to Granite’...

  • Hearing

    Apr 18, 2019

MAGANA V. VMK, INC., ET AL.

9 COUNTY OF SANTA CLARA 12 PERLA GUADALUPE SILVA MAGANA, on behalf of herself and all others similarly situated, 13 TENTATIVE RULING RE: MOTION Plaintiffs, FOR PRELIMINARY APPROVAL OF 14 CLASS ACTION SETTLEMENT vs. 16 CENTER; NEW WORLD HEALTH STAFFING COMPANY, INC.; MATTHEW 17 KRISHNAMACHARI; GAETANO RICCI, and DOES 1-100, inclu...

  • Hearing

    Oct 11, 2019

KONDA V. MARKOVIC, ET AL.

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 company, Konda Tech, was rescinded, Markovic co...

  • Hearing

    Jun 18, 2020

JULIAN & MADELINE PONCE V. GENERAL MOTORS, LLC, ET AL.

– 2 This is a lemon law action brought by Plaintiffs Julian Ponce and Madeline Ponce (collectively “Plaintiffs”) against General Motors, LLC (“Defendant”) and Does. Plaintiffs’ original complaint was filed on October 18, 2017. Defendant’s demurrer to and motion to strike portions of that Complaint was heard on March 20, 2018. The operative Firs...

  • Hearing

    Sep 06, 2018

MARY ANN ROBERTS, ET AL. V. JACOB PETERS, ET AL.

This is an action primarily alleging fraud in collections and bail bond services. The current motion before the Court is a motion by Defendants Bankers Insurance Company and Brian Kesneck (collectively “Defendants”) for summary judgment or summary adjudication in the alternative of the sixth and ninth causes of action as asserted against both of th...

  • Hearing

    Sep 27, 2018

JEREMY MARSHALL V. GENERAL MOTORS, LLC, ET AL.

Defendant General Motors LLC’s Motion for Protective Order Discovery Dispute Plaintiff Jeremy Marshall (“Marshall”) served defendant General Motors LLC (“GM”), by mail, with a request for production of documents (“RPD”), set one, numbers 1 – 109, on or about August 7, 2018.6 On December 10, 2018, plaintiff Marshall filed a motion to com...

  • Hearing

    Apr 04, 2019

  • Judge

    Presiding

  • County

    Santa Clara County, CA

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

9 COUNTY OF SANTA CLARA 12 DANIEL CHRISTOPHER DOYLE and KRISTIE LYNN DOYLE, 13 TENTATIVE RULING RE: MOTION Plaintiffs, TO APPOINT KRISTIE LYNN DOYLE 14 AS SUCCESSOR IN INTEREST TO vs. DECEASED PLAINTIFF DANIEL 15 CHRISTOPHER DOYLE AND FOR IMERYS TALC AMERICA, INC., et al., LEAVE TO FILE FIRST AMENDED 16 COMPLAINT Defendants. 21 I. INTRO...

  • Hearing

    Mar 08, 2019

AMCO INSURANCE COMPANY V. BROAN-NUTONE LLC, ET AL.

Third Party Diane Salvadore’s Motion for Reconsideration of Court’s Order dated November 21, 2017 Compelling Production of Documents Pursuant to CCP Section 2025.480 is DENIED. The moving party has failed to meet her burden of proof in establishing that there are “new or different facts, circumstances, or law” warranting reconsideration as required...

  • Hearing

    Feb 22, 2018

MILLER, ET AL. V. MATTRESS FIRM, INC.

The above-entitled action comes on for hearing before the Honorable Thomas E. Kuhnle 22 on December 7, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as 23 follows: 24 I. INTRODUCTION 25 The original Complaint in this action was filed on July 18, 2017. On September 29, 26 2017, Plaintiffs Nika Miller, Emi Brue...

  • Hearing

    Dec 07, 2019

MIN V. SIMARD, ET AL.

Calendar Lines 7, 8 & 12 I. Introduction This is a personal injury action brought by plaintiff Kyung Min (“Plaintiff”) against defendants Nicholas Romeo Simard (“Simard”) and American Golf Corporation dba Summitpointe Golf Club (“AGC”). In his form complaint, Plaintiff alleges he sustained injuries after being struck by a golf cart negl...

  • Hearing

    Sep 20, 2018

EUGENE BRECKENRIDGE V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

–4 I. Background This lawsuit appears to arise from a collision in which plaintiff Eugene Breckenridge (“Plaintiff”)1 was struck by a car while riding his motorcycle on Highway 101 near San Antonio Road. Although not especially clear, it appears the driver that struck him was nonparty Thukalan Verghese who is insured by defendant State Farm...

  • Hearing

    Apr 04, 2019

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