California Tentative Rulings
This action arises from an accident on a construction site in San Jose. Plaintiff Paublo Chavarria, a worker on the site, slipped and fell on slurry that was left on the ground during construction. On October 22, 2013, plaintiff filed...
This action arises from a dispute concerning the ownership of (1) real property located in San Jose and (2) a corporation, plaintiff Ecko Transportation, Inc. (“Ecko”). Plaintiffs Amrit Kaur and Baldwinder Singh allege that they own 50% and 35%...
Judge Cabrinha for Judge Huber This action arises from plaintiff Heetae Ahn and Yeoun Jin Kim’s purchase of real property located in Saratoga from defendants Shahriar Massihpour and Afsaneh Tabibi (the “Sellers”). (Complaint, ¶ 1.) Plaintiffs were represented in the...
Judge Cabrinha for Judge Huber This action arises from an August 22nd, 2014 incident during which Eric Johnson, Jr. was shot and killed by an unknown individual at a rap concert held at Shoreline Amphitheatre (“Shoreline”). (Complaint, ¶ 1.) Mr....
The motion for an order directing compliance with a subpoena duces tecum brought by Assignee Judgment-Creditor Shrewsbury Management, Inc. (“Shrewsbury”) came on for hearing before the Honorable Joseph H. Huber on September 15, 2015, at 9:00 a.m. in Department 21....
Plaintiff Thu Le alleges that she is the victim of a scheme in which defendants Frank Nguyen, Brook Healthcare Corp., and Pila Group, Inc. (“Pila”) defraud California residents out of their savings. (First Amended Complaint (“FAC”), p. 4.) Le alleges...
The Court treats a demurrer “as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Piccinini v. Cal. Emergency Management Agency (2014) 226 Cal App 4th 685, 688, citing Blank v. Kirwan (1985)...
Plaintiff Maria Yanez brings this action for violations of the Homeowner’s Bill of Rights (“HBOR”) in connection with foreclosure proceedings initiated against her home. Defendant Deutsche Bank National Trust Company, as trustee for MortgageIT Trust 2005-5, Mortgage Backed Notes, Series...
Factual and Procedural Background Plaintiff Minoo Shayesteh brings this action in connection with a dispute with her sister, defendant Nagin Welch, concerning real property in Santa Clara (the “Property”). Plaintiff alleges that she transferred certain funds to Nagin for safekeeping...
A motion for judgment on the pleadings (“JOP”) has the same function as a general demurrer, but it is made after the time for demurrer has expired. Except as provided by statute (CCP §438), the rules governing demurrers apply. See...