Category: California Tentative Rulings

Motion for Final Approval of Derivative Claims Demurrer Motion to Strike Complaint Demurrer Application for Writ of Possession [pdf-embedder url=”https://caselaw.lexroll.com/wp-content/uploads/sites/5/2016/06/Latting.pdf”]

Case Name: ?? Charlene Lee v. Alphabet Company, Google, Inc., Larry Page, and Sundar Pichai Case No.: ?????? 16CV290331 Plaintiff brings this ?Motion to object to Demurer (sic) the case,? which the Court presumes to be intended as a motion for reconsideration of the Court?s order sustaining Defendants? unopposed demurrer, without leave to amend, which […]

Case Name: ?? Evan Weaver v. Tampa Investment Group, LLC, et al. Case No.:??????? 2012-1-CV-217949 This action arises from a failed transaction between plaintiff/cross-defendant Evan Weaver (?Weaver?), an early employee of Twitter, Inc. (?Twitter?), and defendant/cross-complainant Tampa Investment Group, LLC (?Tampa?). The transaction involved the sale of Weaver?s shares of pre-IPO Twitter stock to Tampa […]

Case Name: Corinna Reyes, et al. v. Kim Kruger, et al. Case No.:? 16CV293460 This action arises from a prior landlord/tenant lawsuit.? Currently before the Court is the demurrer by Defendant Alex Alonzo (?Defendant?) to the Complaint filed by Self-Represented Litigants,? Plaintiffs Corinna Reyes and Golden State Care Collective, Inc. (?Plaintiffs?) As an initial matter […]

Case Name: ?? Kwong, et al. v. Bank of America, N.A., et al. Case No.:??????? 16CV290078 This is a wrongful foreclosure action for damages. In the complaint, plaintiffs Suzanne Kwong and Simon Kwong (collectively, ?Plaintiffs?) assert causes of action against defendants Bank of America, N.A. (?BANA?), Recontrust Company, N.A. (?Recontrust?), and Wells Fargo Bank, N.A., […]

Case Name: John, et al. v. Bank of New York Mellon, et al. Case No.: 2015-1-CV-286315 Defendants Nationstar Mortgage, LLC, Bank of New York Mellon f.k.a. The Bank of New York (?BONY?), successor trustee to JP Morgan Chase, N.A., as trustee for holders of Structured Asset Mortgage Pass Through Certificate Series 2006-ARI, and Mortgage Electronic […]

Case Name: Adhikari v. Ramarapu, et al. Case No.: 2015-1-CV-279051 Defendants Narender Kumar Ramarapu and NR Enterprises, Inc. (collectively, ?Defendants?) move for judgment on the pleadings as to the complaint (?Complaint?) filed by plaintiff Amrit Prasad Adhikari (?Plaintiff?). This is an employment action alleging various Labor Code violations.? Plaintiff was formerly employed (non-exempt) as a […]

Case Name: ?? Machine Zone, Inc. v. Peak Web LLC Case No.: ?????? 2015-1-CV-288498 (lead case) These consolidated actions arise from a business dispute between Machine Zone, Inc., a Palo Alto-based developer of mobile games, and Peak Web LLC, which contracted to provide data hosting services to Machine Zone pursuant to agreements executed in March […]

Case Name: ?? Ewald v. Aveda Services, Inc. Case No.: ?????? 2014-1-CV-268393 This is a putative class action arising out of alleged Labor Code violations.? Plaintiff Angela Ewald (?Plaintiff?) alleges that defendant Aveda Services, Inc. (?Defendant?) has had a policy of (1) requiring non-exempt retail employees, including Plaintiff and the class members, to remain at […]

Case Name: ?? Plata v. City of San Jose? Case No.: ?????? 2014-1-CV-258879 This is a class action.? Plaintiffs Raymond and Michelle Plata (collectively, ?Plaintiffs?) allege that defendant City of San Jose (?Defendant? or ?San Jose?) owns and operates the San Jose Municipal Water System (?Muni Water?).? (Amended and Supplemental Complaint for Refund, Declaratory Relief, […]

Case Name:??? The Irvine Company, LLC v. Douglas Ross Construction, Inc., et al. Case No.:??????? 2012-1-CV-234522 This action arises from the construction of a 445-unit apartment project in San Jose commonly known as ?The Sycamores.?? (First Amended Complaint (?FAC?), ? 2.)? Plaintiff is the owner of the project following its acquisition of the corporate assets […]

Case Name: ?? Tran v. H & M Hennes & Mauritz L.P. Case No.: ?????? 2011-1-CV-215599 This is a putative class action in which plaintiff Suzanne Tran (?Plaintiff?) alleges that defendant H & M Hennes and Mauritz L.P. (?Defendant?) has a policy and practice of requiring non-exempt employees to work substantial amounts of time ?off-the-clock? […]

Case Number: BC596892??? Hearing Date: June 13, 2016??? Dept: 37 CASE NAME: Resendez v. Bridgestone Retail Operations, LLC CASE NO.: BC596892 HEARING DATE: 6/13/16 DEPARTMENT: 37 CALENDAR NO.: 9 TRIAL DATE: 2/14/17 NOTICE: OK SUBJECT: Motion for Approval of Settlement of Claims Brought Under the Private Attorneys General Act MOVING PARTY: Plaintiff Sophia P. Resendez, […]

Case Number: BC579520??? Hearing Date: June 13, 2016??? Dept: 31 Defendant Veros Credit, LLC?s Motion for Judgment on the Pleadings is DENIED as to the fourth and fifth causes of action and GRANTED as to the sixth cause of action for quiet title with 10 days leave to amend. Defendant Vero moves for judgment on […]

TENTATIVE RULING JUDGE DALILA C. LYONS DEPARTMENT 20 ________________________________________ Hearing Date: Thursday, October 1, 2015 (posted 9/29/15) Case Name: Baron v. Hallmark Aviation Services, Inc. Case No.: BC569105 Motion: Motion for Relief from Waiver of Jury Trial Moving Party: Plaintiff Responding Party: Defendant ________________________________________ Ruling: The Motion for Relief from Waiver and for Relief under […]

Case Number: KC068164??? Hearing Date: June 13, 2016??? Dept: O Crawford v. MTC Financial Inc., et al. (KC068164) Defendants Deutsche Bank National and Mortgage Electronic Registration Systems, Inc.?s MOTION FOR JUDGMENT ON THE PLEADINGS Respondent: NO OPPOSITION TENTATIVE RULING Defendants Deutsche Bank National and Mortgage Electronic Registration Systems, Inc.?s motion for judgment on the pleadings […]

Case Number: KC067089??? Hearing Date: June 13, 2016??? Dept: O Moreno, et al. v. Herrera, et al. (KC067089) Defendants Herrera and H&S Holdings Company, LLC?s MOTION FOR JUDGMENT ON THE PLEADINGS Respondent: Plaintiffs J. and R. Moreno TENTATIVE RULING Defendants Herrera and H&S Holdings Company, LLC?s motion for judgment on the pleadings is DENIED. STATUTE […]

Case Number: BC572719??? Hearing Date: June 13, 2016??? Dept: O Zepeda v. Fumble Recovery, Inc., et al. (BC572719) 1. Defendant Serafin?s MOTION TO DISQUALIFY PLAINTIFF?S COUNSEL Respondent: Plaintiff Zepeda 2. Plaintiff Zepeda?s MOTION TO COMPEL DEPOSITION OF DEFENDANTS Respondent: Defendants Serafin, L.A.W. Recovery Services, Inc., Benarbachian, Jewell and Jusay TENTATIVE RULING 1. Motion to Disqualify […]

Case Number: BC538522??? Hearing Date: June 16, 2016??? Dept: S27 COMPLAINT Plaintiff alleges in her Complaint: 1. Premise Liability; a. Negligence; and b. Wilful Failure to Warn of a Dangerous Condition. SUMMARY OF FACTS On July 4, 2012, Shirley Munro, wanting a better vantage point to observe a fireworks display, climbed to the roof of […]

Case Number: NC060358??? Hearing Date: June 14, 2016??? Dept: S27 INTRODUCTION Defendant Wells Fargo Bank, N.A. demurs to each Cause of Action in Plaintiff?s complaint: 1. Violation of Homeowner?s Bill of Rights (?HOBR?); 2. Promissory Estoppel; 3. Unfair Business Practices; 4. Negligence; and 5. Declaratory and Injunctive Relief. Defendant also moves to strike the claim […]

Case Number: NC059770??? Hearing Date: June 14, 2016??? Dept: S27 INTRODUCTION Defendants George Fields, D.O., George Fields, D.O. Professional Corp., and Caremore Health Plan move for Summary Judgment on Plaintiffs? Complaint. Plaintiffs Richard and Steve Thompson sue as Successors-in-Interest to decedent Mary Thompson and in their individual capacities. The complaint has five Causes of Action […]

Case Number: BC514989??? Hearing Date: June 14, 2016??? Dept: S27 INTRODUCTION Defendants Community Hospital Long Beach, MemorialCare Health System and Memorial Health Services move for summary judgment on Plaintiff?s complaint for professional negligence and several counts of deceit (negligent, intentional, concealment). There are also counts for unfair business practices and loss of consortium. Although the […]

Case Number: BC576699??? Hearing Date: May 31, 2016??? Dept: 39 Defendant, CVS Pharmacy, Inc.’s Motion to Compel Plaintiff to Provide Responses to Defendant CVS Pharmacy?s Special Interrogatories, Set One [? 2030.290 et seq]: the unopposed motion is GRANTED. Code-compliant, objection free, verified responses are due June 17, 2016. The court grants the request for sanctions […]

Case Number: BC596949??? Hearing Date: May 31, 2016??? Dept: 37 CASE NAME:Burke v. Wynn CASE NO.:BC596949 HEARING DATE:5/31/16 CALENDAR NO.:8 DEPARTMENT:37 TRIAL DATE:1/24/17 NOTICE:OK SUBJECT:Demurrer and Motion to Strike DEMURRING/ MOVING PARTY:Defendant James Wynn OPPOSING PARTY:Plaintiff Geraldine Burke COURT?S TENTATIVE RULING The demurrer to the second and fourth causes of action is sustained with 20 […]

Case Name:??? Miguel Chin, et al. v. Barre Barnes, et al. Case No.:??????? 2014-1-CV-273551 Background This action involves a single claim for breach of contract.? Miguel Chin and Ivonne Abrajan (?Plaintiffs?) allege Barre Barnes (?Barnes?) and Vette Investments & Property Management, Inc. (?Vette?) (collectively ?Defendants?) executed an unsecured promissory note in their favor on November […]