Category: California Tentative Rulings

(1) Petitioners? Motion for Writ of Mandate is granted in part and denied in part. Petitioners? evidentiary objections 1, 2 and 5 are sustained; objections 3, 4, 6, and 7 are overruled. Respondent?s evidentiary objection to Paragraph 19 of the Sung declaration is sustained; objections to Paragraphs 2, 3 and Exhibit A, and 4 and […]

Demurrer of Defendant Tushar Ramnik Doshi to Plaintiffs? Second Amended Complaint: The demurrer challenge to 1st and 5th causes of action (coas) of the Second Amended Complaint (2nd AC) asserted by plaintiffs is overruled in its entirety. (a) 1st cause of action for breach of contract (k) is now sufficiently certain, and states a cause […]

Motion by AIG Specialty Insurance Company, Intervenor for Defendant and Cross-defendant Davis Brothers Framing, Inc., to Contest the Good Faith Settlement of Lexington Insurance Company on behalf of Pacific Sales of Southern California: The motion is denied. Opposition papers adequately address the Tech-Bilt factors here, as noted below. The Reply papers ignore the declaration of […]

Motion by Plaintiffs Lisa Williams, Shawn Williams, Steven Eckert, Enrique Ceniceros, Anthony Caito, Joseph Repetti and Shapell Industries, Inc. to Strike Costs and Fees or, in the alternative, Tax Costs and Fees of Metropolitan Water District: 1. (a) Responding defendant The Metropolitan Water District of Southern California (MWD) objection to the timeliness of this Cost […]

Motion by Defendant Aldo U.S., Inc. for Summary Judgment: The motion by Aldo U.S. Inc., for summary judgment is denied. There are multiple triable issues of material fact as referenced below. (a) The applicable written policy is disputed. Defendant contends that only ?bag checks? are directed, but plaintiffs point to broader language in defendant?s Security […]

Plaintiffs Jose Quiroz, Rolando Landeros, Abel Guaderrame-Arrellano, Rogelio Gonzalez, Jose Manuel Villalon-Carbajal, Denise Haslett and Defendant SWH MIMI?s Caf?, LLC?s Joint Motion for Preliminary Approval of Class Action Settlement The Court has received and reviewed the supplemental papers filed 04/19/16 and thanks counsel and the parties for the revisions.? As presented, however, the motion for […]

Case Name: ?? Aguilera v. Garcia, et al. Case No.:??????? 2016-1-CV-293118 Motion by Plaintiffs to Consolidate This Action with Case No. 2016-1-CV-293928 On January 13, 2016, The Bank of New York sued Margarita Aguilera in an unlawful detainer action, Case No. 2016-1-CV-290072, seeking possession of 1661 Jessica Way, San Jose (?the Property?).? On February 22, […]

Case Name: ?? Jimenez v. Gexpro, et al. Case No.:??????? 2015-1-CV-277433 MOTION FOR SUMMARY JUDGMENT BY DEFENDANT O.C. JONES On September 23, 2014, Plaintiff Robert Jiminez filed a form complaint alleging a single cause of action for products liability.? The sole paragraph of the form complaint that identifies defendant O.C. Jones & Sons, Inc. (?O.C. […]

Case Name:??? Paul Bains, et al. v. Sugher Singh, et al. Case No.:??????? 2015-1-CV-285951 MOTION BY PLAINTIFFS TO COMPEL ATTENDANCE AT DEPOSITION BY DEFENDANT AND FOR MONETARY SANCTIONS ??????????? This is an action for breach of contract brought by Plaintiffs Paul Bains, Global Finance, and SGC Partners, LLC against Defendant Sugher Singh.? According to the […]

Case Name: ??? Lore Emily Karamcheti v. Midland Funding, LLC, et al. Case No.:??????? 2015-1-CV-283437 Currently before the Court is defendant Midland Funding, LLC?s (?Defendant?) petition to compel arbitration. Factual and Procedural Background This is a consumer class action. On July 22, 2015, plaintiff Lore Emily Karamcheti (?Plaintiff?), on behalf of herself and others similarly […]

Case Name: ??? City of Morgan Hill v. Kimberly Porzio, et al. Case No.:??????? 2014-1-CV-265762 Currently before the Court is defendants James Doyle (?Doyle?) and Duquette Properties? (collectively, the ?Duquette Defendants?) motion for summary judgment or, in the alternative, summary adjudication of the second, third, and eleventh causes of action in the second amended complaint […]

Case Name: ??? Lawrence J. Hoffart, et al. v. U.S. Bank, N.A., et al. Case No.:??????? 2014-1-CV-264279 Currently before the Court are: (1) defendants U.S. Bank, N.A. (?US Bank?) and JPMorgan Chase Bank, N.A.?s (?Chase?) (collectively, ?Defendants?) motion for summary judgment or, in the alternative, summary adjudication of each cause of action in the first […]

Case Name:??? Jason Horner v. Kow Loon Auto Sales, Inc.?? ????????????? Case No.:??????? 2015-1-CV-279427 Factual and Procedural Background This action arises out of defendant Kow Loon Auto Sales, Inc.?s (?Kow Loon?) sale of a used vehicle to plaintiff Jason Horner (?Plaintiff?).? Defendant Western Surety Company (?Western?) is the surety on the seller?s bond for Plaintiff?s […]

Case Name:??? Keech Properties, LLC, et al. v. Todd Hill, et al.????????? ????? Case No.:??????? 2014-1-CV-268077 Demurrer and Motion to Strike Portions of the Fifth Amended Complaint by Defendants Sue Goodwin and Bells & Whistles, LLC???????????? Factual and Procedural Background This is an action for fraud and breach of contract, among other things.? In 2011, […]

Case Name:??? Michael Partsch v. Kow Loon Auto Sales, Inc.?? ????????????? Case No.:??????? 2013-1-CV-247883 Factual and Procedural Background This action arises out of defendant Kow Loon Auto Sales, Inc.?s (?Kow Loon?) sale of a used vehicle to plaintiff Michael Partsch (?Plaintiff?). Defendant Western Surety Company (?Western?) is the surety on the seller?s bond for Plaintiff?s […]

Case Name: ??? PSI Systems, Inc. v. Popout, Inc., et al. Case No.:??????? 16-CV-293332 Currently before the Court are the following motions: (1) defendant Popout, Inc.?s (?Defendant?) demurrer to the complaint of plaintiff PSI Systems, Inc. (?Plaintiff?); (2) Defendant?s motion to strike portions of the complaint; and (3) Plaintiff?s motion to seal portions of Defendant?s […]

Case Name:??? Natalie Michelle Cunha v. Bich-Ha Nguyen, et al.?? ????????????? Case No.:??????? 2012-1-CV-218582 Factual and Procedural Background The operative first amended complaint (?FAC?) alleges claims for Violation of Uniform Trade Secrets Act and Conversion.? According to the FAC, Victor Cunha (?Victor?),[1] the father of plaintiff Natalie Michelle Cunha (?Plaintiff?), died intestate on October 29, […]

Case Name:??? Stephanie Ziesel v. Ballet San Jose Silicon Valley, et al.??? ????????????? Case No.:??????? 2015-1-CV-286768 Motion to Quash Subpoena for Employment Records by Plaintiff Stephanie Ziesel???????????? Factual and Procedural Background This is an employment action.? Plaintiff Stephanie Ziesel (?Plaintiff?) began working for defendant Ballet San Jose Silicon Valley (?Ballet?) on May 19, 2009, as […]

Case Name:??? Michael Zapata v. Sundt Construction, Inc., et al. Case No.:??????? 2015-1-CV-279109 Motion by Defendant Sundt Construction, Inc. for Summary Judgment of the Complaint of Plaintiff Michael Zapata Factual and Procedural Background This is a slip and fall action. On January 11, 2015, plaintiff Michael Zapata (?Plaintiff?) was working as an ironworker, in the […]

Case Name:??? Judith Lachman v. EQR Fresca 2009, dba Equity Residential, et al. Case No.:??????? 1-14-CV-270666 Motion for Summary Judgment by EQR-Fresca 2009 Limited Partnership (erroneously sued as EQR Fresca 2009 LP, dba Equity Residential; hereafter, ?EQR?) Plaintiff Judith Lachman (?Lachman?) is a tenant at Mill Creek Apartments (?Apartments?) located at 440 Dixon Landing Road […]

Case Name:??? Michael Formico v. Kim Dincel, et al. Case No.:??????? 2014-1-CV-263366 (1) Motion by Defendants Kim Dincel and Dincel Law Group for Terminating Sanctions or, in the Alternative, an Order Compelling Compliance with the Court Order Dated February 23, 2016, and for an Award of Monetary Sanctions; and (2) the Motion by Plaintiff Michael […]

Case Name:??? Access Group Inc. v. Chrichelle McCloud, et al. Case No.:??????? 1-15-CV-280279 Motion to Quash Service of Summons and Dismiss by Defendant Chrichelle McCloud Defendant Chrichelle McCloud (?McCloud?) entered into a Promissory Note (?Agreement?) with plaintiff Access Group Inc. (?AGI?). (Complaint, ?6.)? Defendant McCloud breached the Agreement by failing to make monthly payments pursuant […]

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 Defendants? demurrer to and motion to strike portions […]

Case Name: ?? Centria Homeowners Association v. Western Pacific Housing, Inc., et al. Case No.:??????? 16-CV-289945 This action arises from alleged defects in the Centria Condominium Project (?the Project?) and the underfunding its homeowners? association. In the complaint, plaintiff Centria Homeowners Association (?Plaintiff?) alleges the following: Plaintiff is a homeowners? association that maintains and manages […]

Case Name: Ascarie v. California State University Case No.: 2015-1-CV-288296 Defendant Board of Trustees of the California State University (erroneously sued herein as California State University San Jose State University) (?Defendant?) demurs to the complaint (?Complaint?) filed by plaintiff Mahmoud Ascarie (?Plaintiff?). In a vaguely-worded Complaint, Plaintiff appears to allege national origin and age discrimination […]