Category: California Tentative Rulings

Case Number: BC533748 Hearing Date: June 17, 2016 Dept: NCD TENTATIVE RULING JUDGMENT ON THE PLEADINGS [CCP ? 438] Calendar: 10 Date: 6/17/16 Case No: BC 533748 Trial Date: October 24, 2016 Case Name: Sarkisyan, et al. v. Care 1st Health Plan, et al. Moving Party: Defendant Care 1st Health Plan Responding Party: Plaintiffs Justine […]

Defendant/Cross-Complainant Moorefield Construction, Inc.?s Motion for Determination of Good Faith Settlement The hearing on Defendant Moorefield Construction, Inc.?s motion for determination of good faith settlement is CONTINUED to July 8, 2016 at 9:00 a.m. to permit the parties to file supplemental briefing on the below-described issues.? Each party may file a supplemental brief, no longer […]

1)Motion for New Trial 2)Plaintiff Amanda Quiles? Motion to Strike Portions of Declaration of Travis Guenter 3)Status Conference Defendant Koji?s motion for partial new trial as to the punitive damages portion of the verdict and judgment is GRANTED, subject to the condition that a new trial will be DENIED if Plaintiff consents to a reduction […]

1)Plaintiff Xavier Nunez?s Motion for Leave to File a Second Amended Complaint ?2)Status Conference Plaintiff?s motion for leave to file a second amended complaint (SAC) is GRANTED. The proposed SAC adds claims for unpaid overtime, unpaid minimum wages and unpaid business related expenses, and includes each of these claims in the PAGA claim. In addition, […]

1)Plaintiff Maria Barajas and Defendant Orangewood, LLC?s Joint Motion for Preliminary Approval of Class Action Settlement 2)Status Conference The hearing is CONTINUED to August 12, 2016 at 9:00 a.m., to permit the parties to respond to the following items of concern.? Any supplemental briefing shall be filed on or before July 29, 2016. If a […]

Case Number: BC590869??? Hearing Date: June 14, 2016??? Dept: 37 CASE NAME: Giorgio v. Freeman, Freeman & Smiley, et al. CASE NO.: BC590869 HEARING DATE: 6/14/16 DEPARTMENT: 37 CALENDAR NO.: 7 TRIAL DATE: None NOTICE: OK SUBJECT: Special Motion to Strike the Complaint (Code Civ. Proc., ? 425.16) MOVING PARTY: Defendant Michael Caliva OPPOSING PARTY: […]

Case Number: BC541477??? Hearing Date: June 14, 2016??? Dept: 37 CASE NAME: People ex re. Allstate Insurance Company, et al. v. Park, et al. CASE NO.: BC541477 HEARING DATE: 6/14/16 DEPARTMENT: 37 CALENDAR NO.: 9 TRIAL DATE: 10/6/16 NOTICE: OK SUBJECT: Motions to Deem Matters Admitted and Compel Discovery Responses MOVING PARTY: People of the […]

Case Name:??? Yun Jin Sun, et al. v. Sequoia Yacht Club, Inc., et al. ? Case No.:??????? 2015-1-CV-278493 Motion for Summary Judgment, or in the Alternative, Summary Adjudication by Defendant Ted Eberle Factual and Procedural Background This is a wrongful death action brought by plaintiffs Yun Jin Sun and Lut Tao Sun (collectively, the ?Plaintiffs?), […]

Case Name: ??? Andrea M. Lepley, et al. v. Mary Margaret O?Neill, et al. Case No.:??????? 2013-1-CV-239549 Currently before the Court is defendant Mary Margaret O?Neill?s (?O?Neill?) motion for summary judgment of the first amended complaint (?FAC?) of plaintiffs Andrea M. Lepley and Neil D. Lepley (collectively, ?Plaintiffs?). Factual and Procedural Background This is an […]

Case Name:??? Kenneth S. Manrao and Rosemary Ann Manrao v. Anita Chan and William Joe?? ????????????? Case No.:??????? 2015-1-CV-281194 Motion for Judgment on the Pleadings by Defendants Anita Chan and William Joe to the First Amended Complaint of Plaintiffs Kenneth S. Manrao and Rosemary Ann Manrao?????????????? Factual and Procedural Background On October 12, 2011, Metro […]

Case Name: ??? Deborah O?Connell v. Insphere Insurance Solutions, Inc., et al. Case No.:??????? 2012-1-CV-232891 Currently before the Court is plaintiff Deborah O?Connell?s (?O?Connell?) motion to strike defendants Insphere Insurance Solutions, Inc. and Health Markets, Inc.?s (collectively, the ?Insphere Defendants?) motion for summary judgment or, in the alternative, summary adjudication of the fourth, fifth, sixth, […]

Case Name: ??? Herspring, Inc., et al. v. Stapleton-Spence Packing Company, Inc., et al. Case No.:??????? 2014-1-CV-273777 Currently before the Court is plaintiff J.G. Neil & Company?s (?JG?)?s motion to compel defendant Stapleton-Spence Packing Company, Inc. (?SSPC?) to provide further responses to requests for production of documents (?RPD?) and for monetary sanctions. Factual Background This […]

Case No:? 2012-1-CV-219830 Case Name:? International Power Technology, Inc vs. Forbes & Manhattan, et al. Factual and Procedural Background On March 1, 2012, International Power Technology Inc. filed a complaint for breach of contract, specific performance and interference with contract against Forbes & Manhattan, US Turbine and Does 1-20. Forbes & Manhattan filed an answer […]

Case Name:??? City of San Jose v. San Jose Cannabis Buyers Club, et al. Case No.:??????? 2014-1-CV-272371 Motion by Plaintiff City of San Jose to Compel Defendant David Hodges to Provide Further Responses to Requests for Production of Documents Factual and Procedural Background ??????????? This is an action to collect unpaid marijuana business taxes. Defendant […]

Case Name:??? Mohammed Haniff v. James Nathan Hohman, et al.????? ????????????? Case No.:??????? 2013-1-CV-252992 Factual and Procedural Background? This is a personal injury case.? Plaintiff Mohammed Haniff (?Plaintiff?), a delivery driver, was struck and pinned against the back of his delivery van by an unoccupied vehicle that rolled down a hill.? Plaintiff alleges that defendant […]

Case Name: ??? William Gilbert, et al. v. Ravinderpal Singh, et al. Case No.:??????? 2015-1-CV-276408 Currently before the Court are the following motions: (1) defendants Saini Bros. Trucking, Inc. (?SBT?), Ravinderpal Singh (?Singh?), and Surinder Banwait?s (?Banwait?) (collectively, the ?SBT Defendants?) demurrer to the first amended complaint (?FAC?) of plaintiffs William Gilbert and Douglas Gilbert […]

Case Name:??? Jane Doe, a minor, by and through her Guardian ad Litem, Richard Doe, ????????????????????????? et al. v. YMCA of Silicon Valley, et al. Case No.:??????? 2014-1-CV-265774 Non-Party The Hoffman Agency?s Motion for Protective Order Factual and Procedural Background In this action, minor plaintiffs Jane Doe, Jill Doe, Jane Doe 3, and Jane Doe […]

Case Name:??? Douglas Ross v. Scott Miley Case No.:??????? 16-CV-291554 Demurrer by Defendant Scott Miley to the Complaint of Plaintiff Douglas Ross? Factual and Procedural Background This action arises out of defendant Scott Miley?s (?Defendant?) alleged failure to repay monies lent to him. In 2007, Defendant executed a promissory note in the amount of $275,000 […]

Case Name: ?? McAfee v. Gibraltar SSI, LLC Case No.:??????? 2015-1-CV-289466 On December 24, 2015, Plaintiff filed the complaint against defendants Gibraltar, Roger Brush, Bryna Brush, Michael Greiner and Kimberly Greiner (collectively, ?Defendants?) for declaratory relief.? Defendants filed a special motion to strike the complaint pursuant to Code of Civil Procedure section 425.16, set for […]

Case Name:??? Small v. Percy, et al. Case No.???????? 2015-1-CV-281006 Background ??????????? This case arises out of a dispute amongst providers of internet time servers and their investors.? Internet time servers are used by high-frequency traders and stock exchanges to time-stamp trades of securities.? Precise time-stamps are critical to determining the chronology of transactions because […]

Case Name:??? California State Labor Commissioner v. Cypress 3, Inc., et al. Case No.:??????? 16-CV-292543 Demurrer by Defendants Cypress 3, Inc., Arehil 5, LLC, Bessie Arellano, and Vicente Arellano to the Complaint of Plaintiff California State Labor Commissioner? Factual and Procedural Background? This is an action for fraudulent transfer. Plaintiff California State Labor Commissioner (?Plaintiff?) […]

Case Name: Software Hardware & Consulting, LLC v. Smart Energy Instruments Case No.: 16-CV-291317 (1) Plaintiff Software Hardware & Consulting, LLC’s Motion for Relief from Waiver of Discovery Objections; and (2) Plaintiff Software Hardware & Consulting, LLC’s Demurrer to the Answer of Defendant Smart Energy Instruments Factual and Procedural Background This is an action for […]

Case Name:??? Greentown US, Inc., et al. v. New Montgomery Associates, et al. Case No.:??????? 2015-1-CV-288772 Demurrer to Plaintiffs? Complaint by Defendants J.T. Wakimoto Management, Inc. and Gizelle Lamb Motion to Strike Portions of Plaintiff[s?] Complaint by Defendants J.T. Wakimoto Management, Inc. and Gizelle Lamb On or about March 27, 2015, plaintiff Greentown US, Inc. […]

Case Name:??? Abigail Perez Reyes v. Ohana Partners, Inc., et al. Case No.:??????? 2016-1-CV-290046 Demurrer by Defendant Ohana Partners, Inc. Motion to Strike Paragraph 11 of the Complaint by Defendant Ohana Partners, Inc. Plaintiff Abigail Perez Reyes (?Plaintiff?) alleges she and other aggrieved employees were employed by defendant Ohana Partners, Inc. d/b/a The Stuart Rental […]

Motion to Continue Trial Motion to Extend Deposition Time of Plaintiff Motion for Preferential Early Trial Setting [pdf-embedder url=”https://caselaw.lexroll.com/wp-content/uploads/sites/5/2016/06/Latting2.pdf”]