These consolidated actions involve alleged breaches of fiduciary duty by the board of directors of defendant Silicon Graphics International Corp. (“SGI”) arising out of a proposed merger with Hewlett Packard Enterprise Company. On October 14, 2016, the Court (Hon. Beth...
BAE Systems Imaging Solutions Inc. v. Cullman and Milpitas LLC
Plaintiff/cross-defendant BAE Systems Imaging Solutions Inc. (“BAE” or “Cross-Defendant”) demurs to the second amended cross-complaint (“SACC”) filed by defendant/cross-complainant Cullman & Milpitas LLC’s (“Cullman” or “Cross-Complainant”) and motion to strike portions contained therein. This action arises out of a...
Garcia v. General Motors, LLC
On July 11, 2011, plaintiff Zoraida Garcia (“Plaintiff”) purchased a 2011 GMC Terrain. (See complaint, ¶ 6.) According to the allegations of the complaint, Plaintiff’s vehicle had transmission fluid leakage, defects relating to the transmission and steering system, and defects...
Zhao v. Life Insurance of the Southwest, et al
This is an action for fraud. In late 2012, plaintiff Jackie Yu Zhao (“Plaintiff”) attended a retirement planning seminar hosted by defendants Liru Z. Chang (“Chang”) and Elite Wealth Group (“Elite”) at which Chang represented to attendees that they could...
Vreeland v. Swenson, et al.
After full consideration of the evidence, the separate statements submitted by the parties, and the authorities submitted by each party, the court makes the following rulings: This is a medical malpractice action. When she was two months old, plaintiff...
Elise Nicole Shepard v. The Oaks Apartment Homes, et al.
Background and Discovery Dispute This is a personal injury action arising out of a pool accident brought by Elise Nicole Shepard (“Plaintiff”) against defendants the Oaks Apartment Homes and the Irvine Company LLC (“Irvine”) (collectively, “Defendants”). Irvine owns...
Sandra Carbone v. O’Connor Hospital Foundation, et al.
Background This is an elder abuse action arising out of a dispute over the termination of annuity payments brought by Sandra Carbone (“Plaintiff”) against O’Connor Hospital Foundation (“Defendant”). On July 1, 1991, the parties created a charitable remainder annuity...
Blanca Moreno v. Devcon Construction, Inc.
Plaintiff has moved to enter judgment under Code of Civil Procedure Section 664.6 based on a written settlement agreement that Plaintiff’s counsel represents was signed on July 15, 2016. Plaintiff did not provide a copy of the agreement to the...
Antonio Tony Gaitan v. Patrick Chavez, et al
This is an action arising out of a landlord-tenant dispute brought by Antonio Tony Gaitan (“Plaintiff”) against Patrick Chavez and Mickie Chavez (collectively, “Defendants”). Plaintiff alleges Defendants failed to pay rent, failed to clean, and damaged the premises they leased...
S.C. Anderson Group International, Inc. v. San Jose Hardwood Floors, Carpet & Vinyl, Inc., et al.
Introduction This is a construction defect action brought by S.C. Anderson Group International, Inc. (doing business as Anderson Group International) (“Plaintiff”) against San Jose Hardwood Floors, Carpet & Vinyl, Inc. (“Defendant”). This case arises out of a residential...