Category: California Tentative Rulings

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 […]

Case Name:??? Richtek USA, Inc., et al. vs. uPI Semiconductor Corporation, et al. Case No.:??????? 2011-1-CV-192991 This is a trade secrets misappropriation case.? Plaintiffs Richtek USA, Inc. and Richtek Technology Corporation move to seal Exhibit 2 to the Declaration of Charles Chalmers filed on June 3, 2013 by defendant Ming Chen in opposition to plaintiffs? […]

Case Name: ?? Corvin Business Center Owners? Association, et al. v. Corvin Commercial Condominiums, LLC, et al. Case No.: ?????? 2010-1-CV-189732 Currently before the Court are several motions for attorney?s fees and motions to strike or tax costs.? The Court previously continued these motions to May 27, 2016, so that defendants Corvin Commercial Condominiums, LLC, […]

Case Name: ?? Heritage Pacific Financial LLC v. Rosita Gonzalez, et al. Case No.: ?????? 2010-1-CV-173203 This is a class action arising from alleged unfair debt collection practices by plaintiff and cross-defendant Heritage Pacific Financial, LLC, dba Heritage Pacific Financial (?Heritage?) connected with foreclosed promissory notes it purchased in bulk from institutional lenders during the […]

[pdf-embedder url=”https://caselaw.lexroll.com/wp-content/uploads/sites/5/2016/05/Riv058ruling053116.pdf”]

[pdf-embedder url=”https://caselaw.lexroll.com/wp-content/uploads/sites/5/2016/05/SW302ruling053116.pdf”]

[pdf-embedder url=”https://caselaw.lexroll.com/wp-content/uploads/sites/5/2016/05/PS2ruling053116.pdf”]

[pdf-embedder url=”https://caselaw.lexroll.com/wp-content/uploads/sites/5/2016/05/PS1ruling053116.pdf”]

Case Number: SC117797??? Hearing Date: May 31, 2016??? Dept: R CASE NAME: A-1 BUSINESS PRODUCTS v. WIEBEL CASE NUMBER: SC117797 (C/W SC121253) COMPLAINT FILED: 7/18/12 HEARING DATE: 5/31/16 TRIAL DATE: 10/27/15 ISSUING DATE: 5/27/16 TENTATIVE RULING MOTION: Defendant Wiebel?s Motion for Reconsideration of Attorney?s Fees Award HELD: DENIED I. BACKGROUND & PROCEDURAL HISTORY: In July […]

Case Number: KC067624??? Hearing Date: May 31, 2016??? Dept: O Mays v. United Nurses Associations of California/Union of Health Care Professionals (KC067624) Defendants United Nurses Associations of California/Union of Health Care Professionals and Deden-Castillo?s MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Respondent: Plaintiff Mays TENTATIVE RULING Defendant United Nurses Associations of California/Union […]

Case Number: BC594170??? Hearing Date: May 31, 2016??? Dept: O Palmer, et al. v. Cordova (BC594170) 1. Plaintiffs R. and K. Palmer?s MOTION FOR ORDER COMPELLING FURTHER ANSWERS TO SECOND SET OF FORM INTERROGATORIES Respondent: Defendant Cordova 2. Plaintiffs R. and K. Palmer?s MOTION FOR ORDER COMPELLING DEFENDANT TO ATTEND AND TESTIFY AND TO PRODUCE […]

Case Number: BC552609??? Hearing Date: May 31, 2016??? Dept: O Cho v. Rowland Unified School District (BC552609) Petitioner Sang Cho?s PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF MINOR Respondent: Attorney David Ring by Objection (filed LATE) TENTATIVE RULING Petitioner Sang Cho?s petition to approve compromise of pending action of minor is GRANTED. An enforceable […]

Case Number: BC511129??? Hearing Date: May 31, 2016??? Dept: O Gharibian v. Behavioral Health Services, Inc., et al. (BC511129) Defendant Behavioral Health Services, Inc.?s MOTION FOR A PROTECTIVE ORDER AND APPLICATION FOR ORDER APPOINTING DISCOVERY REFEREE TO SUPERVISE DEPOSITION AND REQUEST FOR SANCTIONS Respondent: Plaintiff Gharibian TENTATIVE RULING Defendant Behavioral Health Services, Inc.?s motion for […]

Case Number: NC060097??? Hearing Date: June 07, 2016??? Dept: S27 Plaintiff Edmond Nemani seeks leave to file a First Amended Complaint. The gravamen of the initial complaint concerns breach of an agreement whereby Plaintiff would receive a 50% ownership interest in a car wash business in exchange for management services. The proposed amendment adds a […]

Case Number: NC060002??? Hearing Date: June 02, 2016??? Dept: S27 Defendants and Cross-Complainants Norby Acevedo and Mercedes Villeda move for a discretionary stay of these proceedings. No legal authority is offered as the basis for the stay. Plaintiff only cites authority that an appeal from a judgment of costs need not be bonded. Rather than […]

Case Number: BC594168??? Hearing Date: June 02, 2016??? Dept: S27 EXHIBITS Defendants have attached five exhibits to their Motion to Compel Arbitration. Exhibit A: The 2015 contract between the Office of Personnel Management and Kaiser Foundation Health Plan, Inc.; Exhibit B: The 2015 Federal Employee Health Benefits brochure.; Exhibit C: Kaiser Information Sheet for Federal […]

Case Number: YC068036??? Hearing Date: May 31, 2016??? Dept: S27 Defendant prevailed at trial and obtained a judgment for costs below $10,000. Defendant and Judgment Creditor Winifred Sheppard moves for an assignment order of payments to be made to Plaintiff and Judgment Debtor William King from: 1. Propmaster Pension; 2. Cast and Crew; 3. Entertainment […]