Category: California Tentative Rulings

TGV, LLC v. First American Title Company 30-2016-00855526 Defendant First American Title Company?s motion to strike portions of Plaintiff TGV, LLC?s complaint is granted in part with 15 days leave to amend. PUNITIVE DAMAGES Punitive damages cannot be pled in conclusory terms.? Instead, the facts supporting a claim for punitive damages must be set out […]

Rome, et al. v. Vasquez, et al. 30-2015-00784461 Cross-defendants Sonny Ciro and Gideon Rome?s demurrer to the second cause of action for negligent misrepresentation is sustained with 15 days leave to amend.? Cross-defendants? demurrer as to the third, fourth, and fifth causes of action are sustained without leave to amend. Second Cause of Action for […]

Ozuna Electric Company Inc. v. Integrated Process Control Engineering 30-2015-00827749 DEMURRER The court sustains Cross-Defendants Ozuna Electric Company, Inc., Maria Ozuna, and Arthuro Hernandez?s demurrer as to the fraud and set-off causes of action in the First Amended Cross-Complaint (?FACC?). The demurrer is overruled as to the slander per se and breach of contract causes […]

Jakubaitis, et al. v. Antonowitsch, et al. 30-2015-00826973 The court overrules Defendants James H. Antonowitsch and Kathy G. Antonowitsch?s (individually and as co-trustees) Demurrer to the first and fourth causes of action of the First Amended Complaint (?FAC?). The court denies the Motion to Strike Punitive Damages. DEMURRER First Cause of Action for Fraud in […]

Garces v. Richard Lerner as Trustee of the Ray Lerner Irrevocable Trust, et al. 30-2016-00856493 Defendants?, Richard Lerner, Gloria Lerner, Randy Lessard and Brandon Lessard, as Trustees of the Ray Lerner Irrevocable Trust; Lerner Realty, L.P.; and Richard Lerner?s Motion to Expunge Notice of Pendency of Action is granted. Courts shall order a notice of […]

Corona v. O.C. Petroleum, Inc. 30-2016-00832361 Defendant O.C. Petroleum, Inc.?s motion for summary judgment or, in the alternative, for adjudication of issue is denied. As an initial matter, the court does not consider Plaintiff?s objections because Plaintiff did not properly set forth her objections.? (See Cal. Rules of Ct., Rule 3.1354.)? The court also declines […]

Carrillo v. Carrillo Equities, et al. 30-2015-00765586 Defendants Robert, Raymond, and Richard Carrillo?s motion for attorney?s fees and costs is granted. Civil Code section 1717, subdivision (a) provides in part that: ?Reasonable attorney?s fees shall be fixed by the court, and shall be an element of the costs of suit.?? Section 1717, subdivision (a) also […]

Case Name: ?? Manuel Mijangos v. Marquez Brothers International, Inc., et al. Case No.: ?????? 2014-1-CV-26972 In this putative class action, plaintiff alleges that defendant Marquez Brothers International, Inc. required non-exempt employees to work substantial time without pay, including for activities related to donning and doffing required sanitary gear (?SG?), and failed to provide meal […]

Case Name:??? Silverline Construction Inc. v. Coyle/Reno, et al. Case No.:??????? 2013-1-CV-256329 These consolidated construction defect actions arise out of a project in San Jose commonly referred to as the Riverview Parcel 4 Project (the ?Project?).? Currently at issue are the following motions: (1) a demurrer to plaintiff Sanco Pipelines, Inc.?s ninth cause of action […]

Case Name:??? Henry Pinheiro and Cindy Pinheiro v. Shirley Williams, et al. ???????????? Case No.:??????? 2014-1-CV-272438 Factual and Procedural Background This is an action for assault and battery.? Plaintiffs Henry Pinheiro (?Henry?) and Cindy Pinheiro (?Cindy?), husband and wife (collectively, ?Plaintiffs?), reside next door to defendant Shirley Williams (?Williams?).[1]? (See First Amended Cross-Complaint [?FACC?] at […]

Case Name:??? Rajappan & Meyer Consulting Engineers, Inc. v. Martha Dadala, et al. Case No.:??????? 2015-1-CV-284049 Motion for Summary Judgment by Defendant Martha Dadala Motion for Order Sealing Certain Documents in Support of Defendant?s Motion for Summary Judgment by Defendant Martha Dadala Plaintiff Rajappan & Meyer Consulting Engineers, Inc. (?RMCE?) is a specialized transportation project […]

Case Name:??? Total Merchant Services, Inc. v. Hypercom Corporation, et al. Case No.:??????? 16-CV-291071 Demurrers by Defendants Hypercom Corporation and Brookfield Equinox, LLC to the First Amended Complaint of Plaintiff Total Merchant Services, Inc. Factual and Procedural Background ??????????? This action arises out of the purchase and sale of defective credit card processing terminal units. […]

Case Name:??? Farzad Gausi dba European Quality Electric v. CD Builders, Inc., et al. Case No.:??????? 2015-1-CV-280878 Demurrer to Plaintiff Farzad Gausi dba European Quality Electric?s Second Amended Complaint by Defendant Steven Chu Plaintiff Farzad Gausi dba European Quality Electric (?EQE?) is engaged in the business of electrical contracting. (Second Amended Complaint (?SAC?), ?1.)? On […]

Case Name: Deanna Smith, et al. v. City Of San Jose, et al. Case No.:? 2014-1-CV-272771 This is an action for 1) Dangerous Condition of Public Property and 2) Premises Liability.? Currently before the Court is the joint motion by Defendants Santa Clara Valley Transportation Authority (?VTA?) and Union Pacific Railroad Company (?Union Pacific?) for […]

Case Name: ??? Cavalry SPV I, LLC v. Amanda Portzel, et al. Case No.:??????? 16-CV-292518 Currently before the Court is plaintiff and cross-defendant Cavalry SPV I, LLC?s (?Cavalry?) demurrer to the cross-complaint of defendant and cross-complainant Amanda Portzel (?Portzel?). Factual and Procedural Background ? ? ? ? ? ?On February 24, 2016, Cavalry filed its […]

Case Name:??? Xilin Xiang, DDS v. Sy Tong, et al. Case No.:??????? 16-CV-289880 Demurrer by Defendant Robert Kelly to the Second Amended Complaint of Plaintiff Xilin Xiang, DDS Factual and Procedural Background ??????????? This case arises from the alleged breach of a contract to remodel a medical office located at 365 South Redwood Avenue, San […]

Case Name: Sukhdev Singh Aujla v. Sunny Bhullar Case No.😕 2015-1-CV-275568 This action arises from a dispute between former business partners over California real estate investments.? Currently before the Court is the special motion to strike filed by Plaintiff/Cross-Defendant Sukhdev Singh Aujla (?Plaintiff?) seeking to strike the first amended cross-complaint (?FACC?) filed by Defendant/Cross-Complainant Sunny […]

Case Name:??? Arthur Martinez v. Roem Development Corporation, et al. Case No.:??????? 2013–1-CV-255688 Motion by Intervenor Interstate Fire and Casualty Company, on Behalf of Cross-Defendant Terradan Construction, Inc., for Judgment on the Pleadings as to the Cross-Complaint of Defendants and Cross-Complainants Roem Development Corporation, Roem Builders Incorporated, and 1st & Rosemary Senior Factual and Procedural […]

Case Name: ?? In re A10 Networks, Inc. Shareholder Litigation Case No.:??????? 2015-1-CV-276207 This is a putative securities class action against defendant A10 Networks, Inc., its executives and directors, and the underwriters of A10?s initial public offering of securities (?IPO?).? Currently before the Court is plaintiffs? motion for preliminary approval of class action settlement, which […]

Case Number: BC552230??? Hearing Date: September 08, 2016??? Dept: 58 Hearing Date: Thursday, September 8, 2016 Calendar No: 11 Case Name: Cordova, et al. v. Schor, et al. Case No.: BC552230 Motion: Demurrer and Motion to Strike Moving Party: Defendants Elden-Fedora Real Estate Group, LLC; ROHCS Property Management Co.; and Rebah Maintenance Services, Inc. Responding […]

Case Number: TC027536??? Hearing Date: September 13, 2016??? Dept: S27 Cross-Defendant Taco Bell Corporation (?Taco Bell?) moves for Summary Judgment on the cross-complaint of Compton Commercial Development Renaissance Plaza, LLC (?Compton?). After a demurrer was sustained, the only remaining claim in the cross-complaint is for Ejectment. Taco Bell was a lessee of Compton, operating a […]

Case Number: TC028479??? Hearing Date: September 08, 2016??? Dept: B # 9. E&W Immigration Consulting, LLC v. James Han Kim Case No.: TC028479 Matter on calendar for: Demurrer to Complaint I. Background This is an action for conversion. Defendant James Han Kim is the owner of real property located at 1110 S. Long Beach Blvd., […]

Case Number: TC028209??? Hearing Date: September 08, 2016??? Dept: B # 8. D&H FASHION, INC. v. ARMS TRANS INC., ET AL. Case No.: TC028209 Matter on calendar for: Two Motions for Summary Judgment Tentative ruling: I. Background Plaintiff D&H Fashion, Inc. alleges that it contracted with Defendant Arms Trans, Inc. (?Arms?). Pursuant to the agreement, […]

Case Number: BC528192??? Hearing Date: September 08, 2016??? Dept: B # 7. Matthew Laurence Brown v. Ralphs Grocery Company, et al. Case No.: BC528192 Matter on calendar for: Hearing on (1) Motion for Judgment on the Pleadings, (2) Motion for Summary Judgment/Adjudication Moving Parties: Alpha Beta Company dba Ralphs and Gloria Solic RP: Plaintiff Matthew […]

Case Number: BC498443??? Hearing Date: September 08, 2016??? Dept: 310 Lutin v. Lerner New York, Inc. MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR FEES, COSTS, AND INCENTIVE PAYMENT TENTATIVE RULING Conditioned upon a reasonable explanation of the $6,092.52 for court and filing fees and the $4,266.80 for investigation services, the cost […]