Category: California Tentative Rulings

Case Number: BC612825??? Hearing Date: August 18, 2016??? Dept: 58 Hearing Date: Thursday, August 18, 2016 Calendar No.: 6 Case Name: Tinoco, et al. v. Ronzio, et al. Case No.: BC612825 Motion: Demurrer and Motion to Strike Moving Party: Defendants Frank Edward Ronzio, Esq. and Law Offices of Ronzio & Associates, APC Responding Party: Plaintiffs […]

Case Number: BC605418??? Hearing Date: August 18, 2016??? Dept: 58 Hearing Date: Wednesday, April 6, 2016 Calendar No.: 11 Case Name: Kim v. Lee, et al. Case No.: BC605418 Motion: Demurrer and Motion to Strike Moving Party: Defendants Hanna You (erroneously sued as Han Na Yu) and Anna You (erroneously sued as An Na You) […]

Case Number: BC595137??? Hearing Date: August 18, 2016??? Dept: 58 Hearing Date: Thursday, August 18, 2016 Calendar No: 5 Case Name: Perez v. LS Logistics Corp., et al. Case No.: BC595137 Motion: Motion to Dismiss Moving Party: Defendant LS Logistics Corp. Responding Party: Plaintiff Juan Perez Tentative Ruling: Motion to dismiss is granted. ________________________________________ On […]

Case Number: BC517883??? Hearing Date: August 16, 2016??? Dept: 58 Hearing Date: Tuesday, August 16, 2016 Calendar No: 8 Case Name: Anderson v. Choudhury, et al. Case No.: BC517883 Motion: Motion for Summary Adjudication Moving Party: Defendants Bikram Choudhury and Bikram?s Yoga College of India, L.P. Responding Party: Plaintiff Larissa Anderson Tentative Ruling: Motion for […]

Case Number: BC523997??? Hearing Date: August 16, 2016??? Dept: 56 Case Name: Leyva v. Patina Restaurant Group Case No.: BC523997 Matter: Plaintiff?s Motions to Compel Further Responses to Discovery Tentative Ruling: Motions are denied; no sanctions are awarded. Plaintiff Jacob Leyva filed this employment action against Defendant Patina Restaurant Group. The complaint asserts various FEHA […]

Case Number: BC473835 Hearing Date: August 16, 2016 Dept: 56 Case Name: IMT Capital 11525 Blucher, LLC v. NMS Properties, Inc., et al. Case No.: BC473835 Motion: Motion for Attorneys? Fees Tentative Ruling: Motion is granted. The Court of Appeal affirmed the judgment in favor of plaintiffs/cross-defendants IMT Capital 11525 Blucher LLC and Investors Management […]

Case Name:??? C-M Hope Street Station, LLC, et al. v. Edmund Y. Sun, et al.? Case No.:??????? 2015-1-CV-288062 Background ??????????? This is an action for breach of contract and fraud arising out of a dispute over the sale of commercial real estate brought by C-M Hope Street Station, LLC (?Hope Street?) and Calvano Development, Inc. […]

Case Name:??? Derek Holbrook v. Orkut Buyukkokten Case No.:??????? 16-CV-294531 Background This is an action brought by Derek Holbrook (?Plaintiff?) against Orkut Buyukkokten (?Buyukkokten?) and the Orkut Buyukkokten Trust (collectively, ?Defendants?) for breach of contract and related torts arising out of the breakup of their relationship.? On May 27, 2016, Buyukkokten filed a cross-complaint asserting […]

Case Name:??? KNTV Television LLC v. Oak Grove School District, et al.????? ????????????? Case No.:??????? 2016-CV-289924 Factual and Procedural Background This case involves requests made under the California Public Records Act (?CPRA?) for production of documents.? (See Petition at ?? 1-2.)? Petitioner KNTV Television LLC (?KNTV?) is an NBCUniversal Media, LLC owned and operated television […]

Case Name:??? Cu Thanh Nguyen v. City of San Jose, et al. ? Case No.:??????? 2014-1-CV-268209 Factual and Procedural Background This personal injury action arises out of an incident occurring at a tennis court located at Fowler Creek Park.? The tennis court, owned by defendant the City of San Jose (the ?City?), is surrounded by […]

Case Name: ??? Vicki Williams v. Ford Motor Company, et al. Case No.:??????? 16-CV-295057 Currently before the Court are defendant Ford Motor Company?s (?Ford?) demurrer to and motion to strike portions of plaintiff Vicki Williams? (?Plaintiff?) complaint. Factual and Procedural Background ??????????? On May 11, 2016, Plaintiff filed her operative complaint against Ford, in which […]

Case Name:??? Manuel Echenique v. Omar Gonzalez-Ortega? ????????????? Case No.:??????? 2016-CV-294345 Factual and Procedural Background This is a motor vehicle accident case.? Plaintiff Manuel Echenique (?Plaintiff?) filed a judicial council form complaint against defendant Omar Gonzalez-Ortega (?Defendant?) setting forth causes of action for motor vehicle negligence, general negligence and negligence per se.? The alleged motor […]

Case Name:??? Junnie Kim v. Roxana Orozco Case No.:??????? 2014-1-CV-274033 Motion by Defendant Roxana Orozco for Summary Judgment of Plaintiff Junnie Kim?s Complaint Factual and Procedural Background This is a dog bite case. On December 7, 2012, plaintiff Junnie Kim (?Plaintiff?) was at PetSmart when she ?suffered severe dog bites while grooming dog ?Paxil.?? (Complaint, […]

Case Name:??? Alton King v. County of Santa Clara, Santa Clara County Department of Correction (SCCDC) Case No.:??????? 1-14-CV-271010 Demurrer to Plaintiff?s Third Amended Complaint by Defendant County of Santa Clara (erroneously sued as Santa Clara County Department of Correction (SCCDC)) Plaintiff Alton King (?King?) alleges that he is currently an inmate at Valley State […]

Case Name:??? Wei Wang v. City of Mountain View, et al. Case No.:??????? 2015-1-CV-288173 Demurrer to Petitioner?s First Amended Petition for Writ of Administrative Mandamus and Order for Injunction Relief by Respondent City of Mountain View Petitioner Wei Wang (?Wang?) is the sole owner of real property located at 271 Beatrice Street in Mountain View. […]

Case Name:??? Universal Semiconductor, Inc. v. Tuoi Vo, et al. Case No.:??????? 2014–1-CV-265548 (Consolidated with Case Nos. 2014-1-CV-267721 and ?????????????????????? 2015-1-CV-282216) (1) Demurrer by Defendants Universal Semiconductors Technologies, Inc., Schaumbond Group, Inc., Bao Hua Zheng, Kevin Zheng, Niko Teng, Ali Amini, and Tuoi Vo to the Second Amended Complaint of Plaintiff Vic Hejmadi; (2) Motion […]

Case Name: Angie & Richard Ceraolo v. Specialized Loan Servicing, LLC; Wilmington Trust, N.A. Case No.:? 16CV293585 This is an action by Plaintiffs Angie and Richard Ceraolo (?Plaintiffs?) alleging violations of the Homeowners Bill of Rights (?HBOR?) and Unfair Business Practices.? Currently before the Court is the demurrer by Defendants Specialized Loan Servicing, LLC and […]

Case Name: Joan Perry v. Bank of America, N.A., et al. Case No.:? 2015-1-CV-288529 This is a wrongful foreclosure action.? Currently before the Court is the demurrer by Defendants Bank of America, N.A., Nationstar Mortgage, LLC and U.S. Bank National Association (?Defendants?) to Plaintiff?s Second Amended Complaint (?SAC?).? The hearing on the demurrer to the […]

Case Name: Austin Calhoun v. City Of Santa Clara, et al. Case No.:? 2015-1-CV-288073 This is an action alleging violations of civil rights, infliction of emotional distress and assault and battery by police officers of the City of Santa Clara Police Department. Currently before the Court is the demurrer to Plaintiff?s now Third Amended Complaint […]

Case Name: Anetsky, et al. v. Smart Cremation of California Services, Inc. Case No.: 16-CV-295536 Defendant Smart Cremation of California Servicers, Inc. (?Defendant?) demurs to the complaint (?Complaint?) filed by plaintiffs Cameron Anetsky (?Ms. Anetsky?) and Brandon Anetsky (?Brandon?), a minor by and through his guardian ad litem, Cameron Anetsky (collectively, ?Plaintiffs?) and moves to […]

Case Name: Beltran, et al. v. Bank of America, N.A. Case No.: 16-CV-294889 Defendant Bank of America, N.A. (?Defendant?) demurs to the complaint (?Complaint?) filed by plaintiffs Michelle Beltran and Richard Beltran (collectively, ?Plaintiffs?). This is an action for breach of contract and common counts.? Per the allegations of the judicial form complaint, after Plaintiffs […]

Case Name: Lucero v. Martinez Case No.: 2015-1-CV-283137 Defendant Pedro Martinez (?Defendant?) moves to strike plaintiff Juan Pablo Lucero?s (?Plaintiff?) request for punitive damages from his first amended complaint (?FAC?). This is a personal injury action arising out of a motor vehicle accident.? According to the allegations of the judicial form complaint, on October 24, […]

Case Name:???? Salvatierra v. Intuitive Surgical, Inc. Case No.:??????? 2014-1-CV-272069 This is a putative employment class action alleging that defendant Intuitive Surgical, Inc. misclassified certain employees as exempt.? Currently before the Court are plaintiffs? motions (1) for leave to file a third amended complaint and (2) for preliminary approval of a class action settlement. Factual […]

Case Name: ?? Attia, et al. v. Google, Inc., et al. Case No.: ?????? 2014-1-CV-274103 This is an action for misappropriation of trade secrets and related causes of action.? Currently before the Court are a demurrer and motion to strike by defendants Google, Inc., Larry Page, Sergey Brin, Sebastian Thrun, and Eric ?Astro? Teller (collectively, […]

Case Name: ?? Cilker Apartments, LLC v. Western National Construction, et al. Case No.: ?????? 2013-1-CV-258281 This case arises out of alleged construction defects at One Pearl Place Apartments, a 182-unit residential apartment building in San Jose.? Currently before the Court are the following motions: (1) a motion by plaintiff Cilker Apartments, LLC for a […]