Category: California Tentative Rulings

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 […]

Case Name: DAYLIGHT WAY, INC. v. AMERICAN REDSTONE, ET AL. Case No.😕 2015-1-CV-280949 This action arises from a commercial landlord/tenant dispute.? Currently before the Court is the demurrer by Plaintiff/Cross-Defendant Daylight Way, Inc. and Cross-Defendant John Chen (?Cross-Defendants?) to the Cross-Complaint filed by Defendant/Cross-Complainant American Redstone (?Redstone?).? The Cross-Complaint states claims for Fraud; Negligent Misrepresentation; […]

Case Name: Reis, et al. v. Tony C. Construction, et al. Case No.: 2013-1-CV-241016 Defendants Tony C. Construction, Anthony Rivellini and T&M Construction (collectively, ?Defendants?) move for an order compelling the further deposition of plaintiff Manuel Reis (?Reis? or ?Plaintiff?).? Plaintiff moves for an order compelling the further deposition of defendant Anthony Rivellini (?Rivellini?). Factual […]

Case Name: ?? Cilker Apartments, LLC v. Western National Construction, et al. Case No.: ?????? 2013-1-CV-258281 This case arises out of alleged construction defects at One Pearl Place Apartments, a 182-unit residential apartment building in San Jose, California.? Defendants McLarand Vasquez Emsiek & Partners, Inc., McLarand Vasquez & Partners, Inc., MVE & Partners, Inc., and […]

Case Name:???? Allan v. Micrel Incorporated, et al. Case No.:??????? 1-15-CV-280762 (Consolidated Action) On June 5th, 2015, Plaintiffs filed a Consolidated Amended Stockholder Class Action Complaint following the consolidation of four putative class action lawsuits filed in May of 2015.? The lawsuit arises out of the acquisition of Micrel by Microchip Technology Incorporated (?Microchip?) and […]

Case Name: ?? James O?Donnell, Jr. v. Coupons.com Incorporated, et al. Case No.: ?????? 2015-1-CV-278399 (lead case) This is a consolidated securities class action.? In their amended consolidated complaint (the ?Amended Complaint?), plaintiffs James O?Donnell, Jr., Angella So, Andrew Nguyen, and Herbert Silverberg allege violations of the Securities Act arising from omissions from the registration […]

Case Name: ?? Intellisoft, Ltd. v. Acer America Corporation, et al. Case No.: ?????? 2014-1-CV-272381 This is an action for trade secret misappropriation and related claims. Plaintiff Intellisoft, Ltd. alleges that, in 1984, its founder Bruce Bierman developed Bookmark, software which provides computer users with a method to return their computer to a previously saved […]

Case Name: ?? Garrett, et al. v. Bumble Bee Foods, LLC Case No.: ?????? 2014-1-CV-264322 This is a putative class action.? Plaintiffs Patrick Garrett, Jeff Mains, and Linda Eustice (collectively, ?Plaintiffs?) bring this lawsuit against defendant Bumble Bee Foods, LLC (?Defendant?).? Plaintiffs allege Defendant illegally misbranded its products by using labeling that included unauthorized Omega […]

Case Name:???? The Irvine Company, LLC v. Douglas Ross Construction, Inc. (Sycamores) Case No.:??????? 1-12-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 alleged owner of the project following its acquisition of the corporate assets […]

Case Name:???? HP v. Oracle Corporation Case No.:??????? 1-11-CV-203163 Nonparty Intel Corporation (?Intel?) moves this Court for an Order sealing a limited number of exhibits that may be offered by the parties during the Phase 2 trial set to begin on May 23, 2016.? In its moving papers, Intel contends that of portions of 17 […]

Case Number: BC577648??? Hearing Date: May 20, 2016??? Dept: A Oomens v The Cheesecake Factory Rest. MOTIONS TO COMPEL FURTHER RESPONSES (2) Calendar: 4 Case No: BC577648 Date: 5/20/16 MP: Defendant, The Cheesecake Factory Restaurants RP: Plaintiff, Vera Oomens RELIEF REQUESTED: 1. Order compelling Plaintiff to serve further responses to the Defendant?s form interrogatory 17.1; […]

Case Number: BC537022??? Hearing Date: May 20, 2016??? Dept: A Mitchell v State of California DEMURRER Calendar: 3 Case No: BC537022 Date: 5/20/16 MP: Defendant, State of California RP: Plaintiff, Marissa Mitchell ALLEGATIONS IN SECOND AMENDED COMPLAINT: The Plaintiff was involved in a motor vehicle accident on May 17, 2015. The California Highway Patrol was […]

Case Number: BC536142??? Hearing Date: May 20, 2016??? Dept: A Li v Millenium Trucking MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Calendar: 2 Case: BC536142 Date: 5/20/16 MP: Defendants, Millennium Trucking Company, Inc. and Kin Chi Ng RP: Defendants, Marten Transport Ltd. and Warren Brown RELIEF REQUESTED: Order determining that the settlements between the Plaintiff […]

Los Angeles County Superior Court Case Number: KC066681??? Hearing Date: April 29, 2016??? Dept: J Re: Gloria Abrica Jimenez v. Antonio Espinosa, et al. (KC066681) MOTION TO CONFIRM SALE AND OVERBID PROCEDURES Moving Party: Plaintiff Gloria Abrica Jimenez Respondent: No timely opposition filed POS: Moving OK as to Defendant Plaintiff and Defendants were co-owners of […]

Los Angeles County Superior Court Case Number: BC524999??? Hearing Date: April 27, 2016??? Dept: J Re: Daniel Clavel, et al. v. Joseph Morales, et al. (BC524999) MOTION TO TAX COSTS Moving Parties: Plaintiffs Daniel Clavel and Tracey Walker Clavel Respondents: No timely opposition filed POS: Moving OK Plaintiffs brought this action seeking recovery for damages […]

Los Angeles County Superior Court Case Number: KC065334??? Hearing Date: April 26, 2016??? Dept: J Re: Zhaosheng Chen, etc., et al. v. Bam Brokerage, Inc., etc., et al. (KC065334) MOTION TO DISMISS FOR FAILURE TO JOIN INDISPENSABLE PARTY AND LACK OF SUBJECT MATTER JURISDICTION Moving Parties: Defendnats Britt and Brooke International Limited, Brittany Horowitz, and […]

Los Angeles County Superior Court Case Number: KC067790??? Hearing Date: April 25, 2016??? Dept: J Re: Langer Juice Company, Inc. v. VTG-Mart, Inc., et al. (KC067790) (1) SPECIAL MOTION TO STRIKE COMPLAINT; (2) DEMURRER TO COMPLAINT; (3) MOTION TO STRIKE PORTIONS OF COMPLAINT Moving Parties: Defendants VTG-Mart, Inc., Jackson Chang and Grace Leung Respondent: Plaintiff […]