Category: California Tentative Rulings

Case Name: ?? Villanueva v. Midpen Property Management Corp. Case No.:??????? 2014-1-CV-271846 After full consideration of the evidence, the separate statement submitted by the parties, and the authorities submitted by each party, the court makes the following rulings: This is an action for wrongful termination.? Plaintiff Joseph Villanueva? (?Plaintiff?) was employed by defendant MidPen Property […]

Case Name: ?? E. Stevens, Jr., et al vs. Save Mart Supermarkets Case No.:??????? 2015-1-CV-288676 Plaintiff alleges in his complaint, that he tripped over a wooden pallet as he walked into the FoodMaxx Supermarket on Parkmoor Avenue in San Jose, California, and that he tripped over a wooden pallet as he ?grocery shopped.?? Plaintiff has […]

Case Name: ?? Cornet, et al. v. Brar, et al. Case No.:??????? 1-13-CV-241439 This is an action for breach of contract regarding the sale of a restaurant. ?The cross-complaint alleges that on December 1, 2011, cross-complainant Kaddu, Inc. (?Kaddu?) entered into an agreement with cross-defendant Sandrine Cornet to allow her to take possession of the […]

Case Name:??? Tamara Ruth v. Hewlett-Packard Company, et al. Case No.:??????? 2015-1-CV-288526? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?? Introduction ??????????? […]

Case Name: ??? Candida Asuncion, et al. v. Dae-Wook Kang, M.D., et al. Case No.:??????? 16-CV-290060 Currently before the Court are defendant Dae-Wook Kang, M.D.?s (?Kang?) demurrer to and motion to strike portions of the first amended complaint (?FAC?) of plaintiffs Candida Asuncion (?Asuncion?), Minnette C. Sablan (?Sablan?), Millicent C. De La Cruz (?De La […]

Case Name:??? Benjamin Greenberg, et al. v. Sofia University, FPC, et al.?????? ????? Case No.:??????? 2015-1-CV-287059 Factual and Procedural Background This is an action for fraud and unfair business practices.? Plaintiffs Benjamin Greenberg (?Greenberg?), Nathan Wright (?Wright?), Betsy Peterson, James Norwood, Joy Riach, Ruchi Patel, Beau Scott, and Korie Leigh (collectively, ?Plaintiffs?) were students in […]

Case Name: ??? Nicholas W. Emmerling v. City of Mountain View, et al. Case No.:??????? 2015-1-CV-280920 Currently before the Court are the following motions: (1) defendant City of Mountain View?s (?Defendant?) motion for discovery of peace officer personnel records directed at non-party City of San Luis Obispo (?SLO?); (2) Defendant?s motion for discovery of peace […]

Case Name: ??? Barbara Joan Antrobus v. Vallco International Shopping Center, LLC, et al. Case No.:??????? 2014-1-CV-268988 Currently before the Court is defendant Vallco Shopping Mall, LLC?s (?VSM?) motion for summary judgment or, in the alternative, summary adjudication of the first cause of action in the complaint of plaintiff Barbara Joan Antrobus (?Plaintiff?). Factual and […]

Case Name: Alycia Singleton v. Luxul Technology, Inc., et al. Case No.:? 16CV292976 Currently before the Court is the demurrer by Defendants Luxul Technology, Inc. and James Pan (?Defendants?) to the original complaint of Plaintiff Alycia Singleton (?Plaintiff?) filed March 21, 2016.? Plaintiff alleges that she was employed by Defendant Luxul Technology from May 2014 […]

Case Name:??? Vera Quijano, et al. v. Jennifer Torrecillas, et al. Case No.:??????? 2015-1-CV-288812 This is a personal injury action arising out of a motor vehicle accident. On August 21, 2015, defendant Jennifer Torrecillas (?Jennifer?) was driving a 1994 Toyota Corolla with the consent and permission of the owner of the vehicle, defendant Cynthia Torrecillas […]

Case Name:??? CACH, LLC v. Ronald Escobar a/k/a Ronald R Escobar, et al. Case No.:??????? 2016-1-CV-291361 Motion to Quash Service of Summons by Specially Appearing Defendant Ronald Escobar On February 3, 2016, plaintiff CACH, LLC (?Plaintiff?) filed a complaint against defendant Ronald Escobar a/k/a Ronald R Escobar (?Escobar?) asserting causes of action for breach of […]

Case Name:??? Ravi Sharma v. Steven Fabbro, et al. Case No.:??????? 1-16-CV-291372 Demurrer to Plaintiff Ravi Sharma?s First Amended Complaint by Defendant Eric Hartman Demurrer to First Amended Complaint by Defendant Steven A. Fabbro Plaintiff Ravi Sharma (?Sharma?) alleges defendant Steven Fabbro (?Fabbro?), a licensed attorney, owed him a fiduciary duty to perform legal services […]

Case Name:??? Cecilia De La Cruz v. Nippon Trends Food Service, Inc., et al. Case No.:??????? 2015-1-CV-277925 Motion to Quash by Specially Appearing Defendant/ Cross-Defendant Mentechno On November 21, 2014, plaintiff Cecilia De La Cruz (?Plaintiff?) suffered a severe right hand injury/ multiple digit amputation while operating a power press machine at defendant Nippon Trends […]

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 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. Plaintiff Total […]

Case Name: ?? Chen v. Chiang Case No.: 2015-1-CV-280680 Motion by Plaintiff Rayne Chen to Compel Defendant Yao Chiang?s Further Responses to Special Interrogatories, Set Two, and for Sanctions ??????????? Plaintiff?s motion to compel further answers to three special interrogatories was properly served on April 26, 2016, and timely filed on April 27, 2016.? Defendant?s […]

Case Name: ?? Epic Communications, Inc., et al. v. ALI Corporation, et al. Case No.:? 2006-1-CV-076689 Motion by Plaintiffs/Cross-defendants Epic Communications, Inc. and EpicCom, Inc. for Protective Order and for Monetary Sanctions ??????????? Plaintiffs seek an order limiting the scope of the deposition of non-party witness Dr. Yi-Ching Pao to testimony about the exhibits produced […]

Case Name: ?? Robbins v. Wells Fargo Bank, N.A., et al. Case No.:??????? 16-CV-293262 Demurrer by Defendant Wells Fargo Bank, N.A. to the Complaint of Plaintiff Telly Robbins In this wrongful foreclosure action, Plaintiff asserts causes of action against Defendant for: (1)?violation of Civil Code sections 2923.4, 2923.55, 2923.6, and 2924 et seq. of the […]

Case Name: ROBERT BORREGARD v. COUNTY OF SANTA CLARA, ET AL. Case No.:? 2016-1-CV-292080 Demurrer to Complaint and Motions for Judgment on Pleadings as to Complaint Plaintiff Robert Borregard asserts that unidentified items of personal property, some unspecified number of which he left on the blacktop outside a hangar at the Reid-Hillview Airport, were taken […]

Case Name:??? Valentine Capitol Asset Management, Inc. v. Concert Global Case No.:??????? 2012-1-CV-219304 Motion to be Relieved as Counsel for Valentine Capitol and John Valentine Counsel for Plaintiffs/Cross-Defendants seek to be relieved as counsel, pending a hearing on an Order to Show Cause re Contempt against their clients. The motion is opposed by Defendants/Cross Complainants, […]

Case Name: Professional Healthcare at Home, LLC v. Health Living at Home, Inc., et al. Case No.: 2014-1-CV-272357 The following motions came on for hearing: (1) defendant Scott Lobdell?s (?Lobdell?) motion to compel further responses to Lobdell?s request for production of documents (?RPD?), sets one and two; (2) defendant Healthy Living at Home, Inc.?s (?HLH?) […]

Case Name: Lawrence Commercial Center, LLC v. Wong, et al. Case No.: 2014-1-CV-273829 Defendants Cheng & Neiman and Ken Ping Cheng (?Cheng?) (collectively, ?Defendants?) demur to the fourth amended complaint (?4AC?) filed by plaintiff Lawrence Commercial Center, LLC (?Plaintiff?). This is an action for quiet title and breach of contract, among other things.? Plaintiff is […]

Case Name: Ortega v. Ford Motor Company Case No.: 2016-1-CV-292296 Defendant Ford Motor Company (?Defendant?) demurs to the complaint filed by plaintiff Sylvia Ortega (?Plaintiff?). This action arises out of the purchase of a motor vehicle.? In January of 2012, Plaintiff purchased a 2012 Ford Fiesta with a dual clutch transmission (a ?DPS6 transmission? or […]

Case Name: Pabla v. City of San Jose, et al. Case No.: 2015-1-CV-289342 Defendant/cross-complainant City of San Jose (the ?City?) demurs to the cross-complaint filed by defendants/cross-complainants Gabriel Anthony Becerra Esparza (?Esparza?) and Armando Becerra (?Becerra?) and to the answer filed by both parties in response to the City?s own cross-complaint. This action arises out […]

Case Name: ??? David Chang, et al. v. Taylor Woodrow Homes, Inc., et al. Case No.: ?????? 1-15-CV-281394 This construction defect action arises from a broad range of alleged deficiencies in the design and construction of plaintiffs? single-family homes in the Hawthorn Place/Hampton Park development in San Jose.? (Complaint, ?? 1, 28, 35.)? Plaintiffs bring […]

Case Name:???? Yahoo! Inc. v. Media Relevance, Inc., et al. Case No.:??????? 1-14-CV-264874 This is a Motion for Complex Designation filed by Defendants Media Relevance, Inc. and Steven Clarke-Martin.? In its moving papers, Defendants argue that the claims asserted by Plaintiff Yahoo, Inc. (?Yahoo?) and the Defendants? affirmative defenses to those claims ?require a close […]