Hearing on Demurrer, Motion to Strike, and anti-SLAPP Motion to remain on calendar, and all counsel are expected to appear telephonically or in person. Code of Civil Procedure section 425.16, the anti-SLAPP statute, provides in relevant part: “A cause of...
ROBERTS vs. UNIFIED
Counsel for plaintiff: Daniel O’Neil-Ortiz (L.O. O’Neil-Ortiz); Rodney Mesriani; Matthew Balmuth (Mesriani, etc.) Counsel for defendant/demurring party Unified Protective Services, Inc.: H. Michael Soroy; Peter Ver Halen; Kristin Ingulsrud (L.O. Soroy) Counsel for defendant/demurring party Super Center Concepts, Inc. dba...
Lamelza v. Lindsay
TENTATIVE RULING: The motion of defendants Kristy H. Lindsay, Sam G. Lindsay, and the Brook Kirby Lindsay Foundation for summary judgment on the third amended complaint of plaintiffs Michael LaMelza and Villa Rossa, LLC is granted. There are no triable...
D.E. Restaurants, Inc. v. The City of Santa Clara, et al.
Currently before the Court is the demurrer of defendants City of Santa Clara (the “City”), the Redevelopment Agency of the City of Santa Clara (the “Agency”), and the Sports and Open Space Authority of the City of Santa Clara (“SOSA”)...
EATON VS. ALVORAD MEDICAL CENTER
The demurrer to first amended complaint (“FAC”), filed by defendant Alvarado Hospital, LLC, is sustained without leave to amend. Preliminary Matters Defendant’s request for judicial notice is granted. The Court notes that plaintiff has chosen to represent herself. Unrepresented litigants...
Clark VS Winston
Motion for Summary Judgment The Court denies Defendant Baker’s Motion for Summary Judgment. First, the Court viewed the currently operative pleading of the Defendant to be not any prior demurrer, but the Answer to the Second Amended Complaint and that...
CAROLYN ERSKINE vs. MICHAEL ALLARD
The demurrers of defendants National Planning Corporation (“NPC”), Michael Allard, CalBay Investments, Inc. (“CalBay”), and LPL Financial, LLC, to the Second Amended Complaint (“SAC”) are OVERRULED. Defendants shall file and serve an answer to the SAC on or before December...
New Generation Tile and Marble vs. K R Commercial Interiors
Defendants K.R. Commercial Interiors, Inc. and Scot Dahl’s Motion for Summary Adjudication The motion for summary adjudication by defendants KRCI and Scot Dahl is DENIED. The Court notes that resolution of the issue of the statute of limitation is generally...
Kinney vs. You Tube LLC
1)Defendant YouTube, LLC’s Demurrer to First Amended Complaint 2)Case Management Conference Defendant YouTube, LLC’s request for judicial notice is DENIED. Exhibits A and B are private party documents, the truth and accuracy of which plaintiff Kinney currently disputes. Private party...
Christa Nick, et al. v. Intuitive Surgical, Inc., et al.
Demurrer by Defendant Intuitive Surgical, Inc.to Plaintiffs’ First Amended Complaint Plaintiff Christa Nick underwent a hysterectomy procedure on June 9, 2010, with the use of a da Vinci Surgical System (“da Vinci robot”), and suffered a burned and perforated...