From May 2017 to November 2017, Judge Zayner issued and served 3 orders striking the 3 CCP 170.1 Verified Challenge Statements of Recusal. In violation of CCP 170.3 (c) (4)  and he failed to file a single  Verified Answer under penalty of perjury denying any of the factual allegations in the Verified Statement. 
1st Order striking the  CCP 170.1 Verified Challenge Statement, sans any verified answer. 
2nd Order striking the  CCP 170.1 Verified Challenge Statement, sans any verified answer. 
3rd  Order striking the  CCP 170.1 Verified Challenge Statement, sans any verified answer. 
Judge Zayner stock disclosures and heavy health care funds Celgene, etc.. 
Stocks of just under 100,000 per company and a $1,000,000 Trust Fund with undisclosed recipient  [Stanford  Class of 1979]

Judge Zayner violated CCP 170.3 (c) (4) and failed to ever file any verified answer and continued to rule in an action where he was disqualified, in a manner to subserve his beloved defendant Stanford.

Stanford an Unfair Adversary in Trial

 

It is well known in the legal community as well as in the civil attorneys  groups in Santa Clara that facing Stanford in Santa Clara Courts is an entirely unfair adversary in trial.

 

First, Stanford is in Santa Clara County and is one of the largest employers in the county. Second, Stanford is one of the top four educational institutions in the U.S. and heavily endowed with an estimated net of 22 billion dollars in local endowments, thus the Santa Clara Court is staffed with either judges who are graduates, alumni, related to the same, friends with the other alumni judges, or have children or family related to Stanford. Third, Stanford defense counsel are keenly aware that all Plaintiffs have not historically , and will not have a fair adversary at trial in Santa Clara. Thus Stanford counsel refuse to allow a venue change out of Santa Clara.  

 

Moreover, as the judge Hon. Zayner in this matter who has been adjudicating all of the pre-trial matters for nearly 2 years is a Stanford alumni, active member, lifetime estate donor, and his wife and Mrs. Zayner’s ( Dawn Neisser) parents were also Stanford “die-hard” alumni, Plaintiffs have an entirely unfair adversary at trial.

 

Plaintiffs should be entitled to a new venue and judge however Stanford attorneys refuse any changes.

Judicially  Noticed Stanford Cases of Staff Dissemination of Unauthorized Cell Phone Photos of Sedated Patients.

 

As referenced in the Young case vs. Stanford  and September 29, 2017 Fox news KTVU:  [Ms.] Hutner said she decided to file the complaint in Alameda County Superior Court, which she believes is a more favorable jurisdiction than Santa Clara County” (Reference  http://www.ktvu.com/news/stanford-health-care-worker-alleges-racism-safety-violations-after-co-worker-dresses-as-kkk).

 

Stanford retained the deviant perpetrators like Robert Lastinger and Roy Hong, M.D. who molested young boys while under general anesthesia and took the abhorrent cell phone photos of women’s body parts and genitals, respectively.   Roy Hong admitted to taking surreptitious photos of a patient’s breasts ( Jane Doe)  on his personal cell phone on December 12, 2012 at Stanford. Nobody stopped him; the Stanford nurses ratified Hong's deviant conduct and  wrote in their report that no photos were taken in the operating room.  

 

To date, Dr. Roy Hong is operating at Stanford on women’s breasts and no action has been taken against Hong.  To Stanford’s detriment, such ratified misconduct of unauthorized cell phone photography of sedated patients has resulted in nearly half a dozen active suits. Mr. Lastinger was arrested and in jail for his lewd conduct (similar to deviant Dr. Roy Hong)  of taking unauthorized cell phone photos of sedated patients, and Stanford doctors paid for his defense. As Stanford has a pattern of conduct of tolerance of gross misconduct, it is rumored Mr. Lastinger  will be again  rehired by Stanford upon release. Similarly, Dr. Hong has reported that Stanford took no action against him and he is active and practicing at Stanford.

 

In the Ms. Young’s  recent action, Stanford stated that the staff practice of exchanging cell phone photos of sedated patients was not ratified.   Then Defendant Stanford admitted that Stanford was aware of the abhorrent conduct and allegedly  terminated the employees who took inappropriate pictures. 

 

However, in the George Baez complaint, Stanford terminated Mr. Baez who had complained about the deviant conduct of operating room staff including, convicted child molester and Stanford employee Robert Lastinger.

Colleague judge Aaron Persky  who is a close associate of Judge Theodore Zayner's is in similar hot water.

Neither had the sense or decency to make ethical and lawfully required disclosures of their relationship with Stanford prior to trial in matters which should have called their recusal.

STANFORD CASES ALL ASSIGNED TO JUDGE ZAYNER AT SANTA CLARA.

BENCH REPORTER

Qualium Corp. v. Blue Shield Of California

Case Number: 2015-1-CV-282077
Hearing Date: March 17, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2970

This action arises from a dispute over payment for medical services and equipment.  Currently before the Court is the demurrer to the operative Second Amended Complaint (“SAC”).   Plaintiff Qualium Corporation, dba Bay Sleep Medicine, (“Plaintiff”) alleges that it provided...

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Hillstead v. The Board of Trustees of the Leland Stanford University, et al.

Case Number: 2013-1-CV-253053 
Hearing Date: February 18, 2016
County: Santa Clara County
Judicial Officer: Zayner
Tags: Discovery DisputePremises LiabilitySanctions
Word Count: 1983

In this action for negligence and premises liability, plaintiff Edward Hillstead (“Plaintiff”) alleges that he slipped on a railroad tie located on the Stanford University Golf Course, causing him to fall and sustain injuries. Defendant The Board of Trustees of...

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A.C. v. CITY OF SANTA CLARA, ET AL.

Case Number: 2015-1-CV-288073 
Hearing Date: February 8, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1235

 This is an action alleging violations of civil rights and negligence by police officers of the City of Santa Clara. Currently before the Court is Defendants’ demurrer and motion to strike Plaintiff’s First Amended Complaint (“FAC”).  As an initial matter...

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ARI AZHIR v. SHALIA CHERAZI RAFFLE, ET AL.

Case Number: 2015-1-CV-286532 
Hearing Date: February 8, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1282

 Before the Court is Defendants’ demurrer to Plaintiff’s original Complaint.  The Court in ruling on a demurrer treats it “as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.”  (Piccinini v. Cal. Emergency...

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Sanmina-Sci Corp. v. Pace USA Inc., et al.

Case Number: 2012-1-CV-233960
Hearing Date: February 2, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 821

Motion for Summary Adjudication by Plaintiff/Cross-Defendant Sanmina-SCI Corp.   This is a contract dispute.  Currently before the Court is the Motion for Summary Adjudication by Plaintiff/Cross-Defendant Sanmina-SCI Corp. (“Sanmina”) seeking summary adjudication of its first cause of action for breach...

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Chau v. Nordstrom Bank, et al

Case Number: 2014-1-CV-274312
Hearing Date: February 2, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2693

This action arises from the allegedly inaccurate reporting of credit information to three credit reporting agencies (collectively, “the CRAs”) after the bankruptcy court confirmed a debtor’s Chapter 13 reorganization plan.  In the complaint, plaintiff Hiep Chau (“Plaintiff”) asserts claims against defendants...

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Eileen Perkins v. William Dwight Perkins

Case Number: 2015-1-CV-288312
Hearing Date: February 2, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2018

This is an action for breach of contract and breach of fiduciary duty. Plaintiff Eileen Perkins (“Plaintiff”) and defendant William Dwight Perkins (“Defendant”) met in the summer of 1990. (Complaint, ¶ 9.) At that time, Plaintiff was working in Los...

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Henry Mikulaco v. JPMorgan Chase Bank, N.A., et al.

Case Number: Santa Clara County Case No. 1-11-CV-281173
Hearing Date: August 25, 2015
County: Santa Clara County
Judicial Officer: Zayner
Tags: Demurrer
Word Count: 3023

Zayner for Folan This action arises from foreclosure proceedings involving the home of plaintiff Henry Mikulaco (“Plaintiff”).  Plaintiff alleges that defendants JPMorgan Chase Bank, N.A. (“JPMorgan”) and Quality Loan Service Corporation (“Quality”) (collectively, “Defendants”) are attempting to sell his property

Lovewell v. Stanford Federal Credit Union

Case Number: Santa Clara County Case No. 1-11-CV-219901
Hearing Date: August 20, 2015
County: Santa Clara County
Judicial Officer: Zayner
Tags: Motion for Leave
Word Count: 585

Plaintiff’s Motion for Leave to File a Supplemental Pleading.   Plaintiff’s motion was filed on August 12, 2015, and is set for hearing on shortened time per court order. Plaintiff seeks by this motion to add seven paragraphs of additional...

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Russell Noe v. Santa Clara County, et al.

Case Number: Santa Clara County Case No. 1-11-CV-236128
Hearing Date: August 20, 2015
County: Santa Clara County
Judicial Officer: Zayner
Tags: Motion for Leave
Word Count: 333

Motion of Defendants and Cross-Defendants County of Santa Clara and Mahapatra for Leave to File a Cross-Complaint.   Defendants bring this motion pursuant to California Code of Civil Procedure (C.C.P.) §§428.10(b) and 428.50(c). Defendants seek leave to file a Cross-Complaint...

Sugarman, et al. v. Falk, Cornell & Associates, LLP, et al.

Case Number: 2013-1-CV-241258
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 276

Plaintiffs’ Motion to Compel Further Responses to Request for Production of Documents   Plaintiffs bring this motion to compel further responses to Request for Production of Documents, Set Two, and for Sanctions. Defendants Falk, Cornell & Associates oppose the motion...

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Sanmina-Sci Corp. v. Pace USA Inc., et al.

Case Number: 2012-CV-1-233960
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1424

This is a contract dispute.  Currently before the Court is the Motion by Defendant/Cross-Complainant Pace PLC (“Pace”) seeking Summary Adjudication of the 3rd cause of action for breach of contract and 4th cause of action for common counts—goods sold and...

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Gippetti v. Maynard, et al.

Case Number: 2015-1-CV-281366
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2834

COUNSEL MUST APPEAR AT THE HEARING.             As this hearing was continued by the Court on 1/26/2016, with both counsel present, to 3/8/2016; and as counsel for Defendant failed to appear at the hearing on 3/8/2016, the Court continued the...

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Kelly Douglass v. Hitachi Global Storage, et al.

Case Number: 2015-1-CV-275780
Hearing Date: April 7, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2229

This is a personal injury action arising from alleged negligence and premises liability.  Presently before the Court are the two separate motions.  The first is by Defendant/Cross-Complainant CH2M Hill (“CH2M”) seeking summary adjudication of two purported “issues of duty” arising...

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Crush Cloud Partners, LLC v. Bay Microsystems, Inc., et al.

Case Number: 2015-1-CV-288475
Hearing Date: April 7, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 857

This is an action for breach of fiduciary duty.  In May 2015, George Mainas (“Mainas”), Mark Bortman (“Bortman”), Frank Mitchell (“Mitchell”) and Garrett Cecchini (“Cecchini”) agreed to form a limited liability company named Crush Cloud Partners, LLC (“CCP” or “Plaintiff”)...

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Garcia v. The Bank of New York Mellon, et al.

Case Number: 2015-1-CV-285957
Hearing Date: April 7, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 7492

This is a wrongful foreclosure action against defendants the Bank of New York Mellon f.k.a. The Bank of New York (“BNYM”) as trustee for the holders of the CWALT, Inc. Alternative Loan Trust 2005-652 Mortgage Pass-Through Certificate Series 2005-62 (“the...

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Tung Tai Group, Inc. v. American Metal Recycling Services, Inc. et al.

Case Number: 2014-1-CV-261124 
Hearing Date: April 7, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1775

This business dispute arises from an arrangement in which plaintiff Tung Tai Group, Inc. (“Plaintiff”) executed a promissory note in the amount of $1,700,000 in favor of defendant American Metal Recycling Services, Inc. (“AMRSI”) and AMRSI and its affiliates granted...

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Drake v. Yanovsky, et al

Case Number: 2014-1-CV-260619
Hearing Date: April 5, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2468

This personal injury action arises from a motor vehicle accident (“the Collision”) that occurred in Los Altos on April 9, 2013. In the complaint and amendment thereto (collectively, “the Complaint” or “Compl.”), plaintiff Michael Drake (“Drake”) asserts claims against defendant/cross-complainant Roman Yanovsky...

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Kelly Douglass v. Hitachi Global Storage, et al.

Case Number: 2015-1-CV-275780
Hearing Date: April 4, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2229

This is a personal injury action arising from alleged negligence and premises liability.  Presently before the Court are the two separate motions.  The first is by Defendant/Cross-Complainant CH2M Hill (“CH2M”) seeking summary adjudication of two purported “issues of duty” arising...

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Crush Cloud Partners, LLC v. Bay Microsystems, Inc., et al.

Case Number: 2015-1-CV-288475
Hearing Date: April 4, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 852

This is an action for breach of fiduciary duty.  In May 2015, George Mainas (“Mainas”), Mark Bortman (“Bortman”), Frank Mitchell (“Mitchell”) and Garrett Cecchini (“Cecchini”) agreed to form a limited liability company named Crush Cloud Partners, LLC (“CCP” or “Plaintiff”)...

Austin Calhoun v. City Of Santa Clara, et al.

Case Number: 2015-1-CV-288073
Hearing Date: May 17, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1469

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...

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Centria Homeowners Association v. Western Pacific Housing, Inc., et al.

Case Number: 16-CV-289945
Hearing Date: May 17, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 4071

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 the...

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Loyola Corners Estates, LLC, et al. v. City of Los Altos, et al.

Case Number: 2015-1-CV-287198
Hearing Date: May 12, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1620

This action arises from a land use dispute between petitioners Loyola Corners Estates, LLC, Gregg Bunker, and Burke Kaltenberger (collectively, “Petitioners”) and respondent City of Los Altos (“the City”) concerning real property (“the Property”) in Los Altos. In the verified...

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Garcia v. The Bank of New York Mellon, et al.

Case Number: 2015-1-CV-285957
Hearing Date: April 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 5234

This is a wrongful foreclosure action for damages and to prevent the sale of the subject property (“the Property”) against defendants The Bank of New York Mellon f.k.a. The Bank of New York as trustee for the holders of the...

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Evan Weaver v. Tampa Investment Group, LLC, et al.

Case Number: 2012-1-CV-217949
Hearing Date: April 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 3369

This action arises from a failed transaction between plaintiff/cross-defendant Evan Weaver (“Weaver”), an early employee of Twitter, Inc. (“Twitter”), and defendant/cross-complainant Tampa Investment Group, LLC (“Tampa”). The transaction involved the sale of Weaver’s shares of Twitter stock and commission payable...

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Dan Ferguson v. Advantel, Inc., et al.

Case Number: 15CV289278
Hearing Date: April 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 762

This is an action for breach of fiduciary duties and wrongful termination among other claims.  Currently before the Court is the Motion for Judgment on the Pleadings (“JOP”) by Defendant Advantel, Inc. (“Advantel”) pursuant to CCP §438(b) & (c).  ...

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Lievsay v. Ford Motor Company, et al.

Case Number: 2015-1-CV-285697
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 269

Defendant’s Motion for Protective Order   Plaintiff filed Opposition papers far beyond the time mandated by statute, filing these papers on March 29, 2016 when they were required to be filed no later than March 24, 2016 –  at least...

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Lievsay v. Ford Motor Company, et al.

Case Number: 2015-1-CV-285697
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 2539

This action for violations of the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”) arises from alleged defects in a model year 2014 Ford Focus manufactured by defendant Ford Motor Company (“Ford”) and purchased by plaintiff Thomas Lievsay (“Plaintiff”). A discovery dispute has...

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Dolores Yee v. Bank of America, et al.

Case Number: 2014-1-CV-261926
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 440

Plaintiff brings this “Notice of Motion to Vacate (Cancel) Judgment,” filed on March 30, 2016. The handwritten “Notice of Motion” filed on March 30 follows a pleading entitled “TITLE OF PLEADING Plaintiff MOTION TO VACATE JUDGMENT,” filed on March 18,...

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Dana Vogel v. Saint Louise Regional Hospital, et al.

Case Number: 2014-1-CV-265419
Hearing Date: April 14, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 823

This is an action for medical malpractice brought against several defendants.  Currently before the Court is a motion for summary judgment brought by Defendant Evan David Allen, M.D. (“Defendant”).   The pleadings limit the issues presented for summary judgment.  (Nieto...

Valentine Capitol Asset Management, Inc. v. Concert Global

Case Number: 2012-1-CV-219304
Hearing Date: May 31, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 189

Motion to be Relieved as Counsel for Valentine Capitol and John Valentine   Counsel for Plaintiffs/Cross-Defendants seek to be relieved as counsel, pending a hearing on an Order to Show Cause re Contempt against their clients. The motion is opposed...

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Oanh Trinh v. Joel Calippe, et al.

Case Number: 2015-1-CV-275262
Hearing Date: May 31, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 323

Plaintiff brings this Motion to Compel Further Responses to Special Interrogatories, Set Six, and for Sanctions.   The Court has reviewed and considered all the papers filed: Plaintiff’s moving papers, Defendant’s opposition papers, and Plaintiff’s reply papers.   Defendant’s opposition...

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Robbins v. Wells Fargo Bank, N.A., et al.

Case Number: 16-CV-293262
Hearing Date: May 26, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 3062

Demurrer by Defendant Wells Fargo Bank, N.A. to the Complaint of Plaintiff Telly Robbins In this wrongful foreclosure action, Plaintiff asserts causes of action against Defendant for: (1) violation of Civil Code sections 2923.4, 2923.55, 2923.6, and 2924 et seq. of...

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Epic Communications, Inc., et al. v. ALI Corporation, et al.

Case Number: 2006-1-CV-076689
Hearing Date: May 26, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 258

Motion by Plaintiffs/Cross-defendants Epic Communications, Inc. and EpicCom, Inc. for Protective Order and for Monetary Sanctions               Plaintiffs seek an order limiting the scope of the deposition of non-party witness Dr. Yi-Ching Pao to testimony about the exhibits produced...

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ROBERT BORREGARD v. COUNTY OF SANTA CLARA, ET AL.

Case Number: 2016-1-CV-292080
Hearing Date: May 26, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 3375

Demurrer to Complaint and Motions for Judgment on Pleadings as to Complaint   Plaintiff Robert Borregard asserts that unidentified items of personal property, some unspecified number of which he left on the blacktop outside a hangar at the Reid-Hillview Airport,...

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Oanh Trinh v. Joel Calippe, et al.

Case Number: 2015-1-CV-275262
Hearing Date: May 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 319

Plaintiff’s Motions to Compel Compliance with Prior Discovery Orders and for Sanctions   The Court considers both motions brought by Plaintiff as motions to compel further responses to discovery, as that is the relief sought, though framed and described as...

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Guadalupe Araiza, et al. v. Nowhere Bar & Grill, et al.

Case Number: 2014-1-CV-270363
Hearing Date: May 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 1368

Plaintiffs in this wrongful death action bring a motion to quash a subpoena served by Defendants on Wells Fargo Bank. The subpoena seeks production of financial account information regarding transactions in accounts owned individually or jointly by decedent Joseph Sionne,...

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Dolores Yee v. Bank of America, et al.

Case Number: 2014-1-CV-261926
Hearing Date: May 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 772

Plaintiff brings this “Notice of Motion to Vacate (Cancel) Judgment,” filed on March 30, 2016. The handwritten “Notice of Motion” filed on March 30 follows a pleading entitled “TITLE OF PLEADING Plaintiff MOTION TO VACATE JUDGMENT,” filed on March 18,...

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Gomez v. City of Mountain View, et al.

Case Number: 16-CV-290705
Hearing Date: May 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 338

This personal injury action arises from the arrest of plaintiff Alejandro Gomez (“Plaintiff”) on April 14, 2015, for a purported violation of the sex offender registration requirement in Penal Code section 290. Plaintiff filed the first amended complaint (“FAC”) against defendants City...

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Chen v. Chiang

Case Number: 2015-1-CV-280680
Hearing Date: May 19, 2016
County: Santa Clara County
Judicial Officer: Zayner
Word Count: 307

Motion by Plaintiff Rayne Chen to Compel Defendant Yao Chiang’s Further Responses to Special Interrogatories, Set Two, and for Sanctions               Plaintiff’s motion to compel further answers to three special interrogatories was properly served on April 26, 2016, and...

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