This case was last updated from Santa Clara County Superior Courts on 09/30/2019 at 07:45:51 (UTC).

McGill v. On-Site aka On-Site Manager, Inc., et al.

Case Summary

On 12/03/2018 McGill filed a Contract - Business lawsuit against On-Site aka On-Site Manager, Inc . This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. The Judge overseeing this case is Kuhnle, Thomas. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ******8709

  • Filing Date:

    12/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Court:

    Santa Clara County Superior Courts

  • Courthouse:

    Downtown Superior Court

  • County, State:

    Santa Clara, California

Judge Details

Judge

Kuhnle, Thomas

 

Party Details

Plaintiff

McGill, Lowri

Defendants

KENNEDY WILSON

VINTAGE HOUSING

ON-SITE aka ON-SITE MANAGER, INC.

FPI MANAGEMENT, INC.

RealPage, Inc.

Woodstone by Vintage, L.P.

RP On Site LLC

Vintage Housing Holdings, LLC

Woodstone by Vintage Partners, LLC

Hearthstone CA Properties I, LLC

Not Classified By Court

Superior Court of California

Attorney/Law Firm Details

Plaintiff Attorney

Bochner, Ron Keith

Defendant Attorneys

Guthrie, George Anthony

Baxter, Daniel Lawrence

Raether, Ronald I.

Lohr, Jessica R.

Villar, Peter Newell

Bernardoni, David Anthony

Gottesman, Don

Mirza, Sadia

Not Classified By Court Attorney

Superior Court of CA, County of Santa Clara

 

Court Documents

Statement: Case Management Conference

Joint CMC Statement HRG 9-30-19: Comment: Case Management Statement

Amended Complaint Filed - No Fee

Amended Complaint - Claim Amount Unchanged (No Fee): Comment: FIRST AMENDED

Statement: Case Management Conference

Case Management Statement: Comment: Plaintiff's Case Management Statement

Declaration

Ron Bochner Declaration: Comment: Declaration in Support of Motion to Amend Complaint

Memorandum: Points and Authorities

Memorandum of Points & Authorities:

Motion: Amend

Motion Amend HRG 11-1-19: Comment: Notice of Motion to Amend Complaint HRG 11/1/19

Notice

Notice Start Time for 9-30-19 CMC is 9am: Comment: Start time for CMC on 9/30/19 is changed to 9am.

Minute Order

Minutes Non-Criminal:

Statement: Case Management Conference

Joint CMC Statement: Comment: Joint Case Management Statement

Notice

Notice Appearance of Counsel Jessica R. Lohr: Comment: NOTICE OF APPEARANCE OF COUNSEL- JESSICA R. LOHR

Notice

Notice Appearance of Counsel Peter N. Villar: Comment: Notice of Appearance by Counsel

Notice

Notice Appearance of Counsel Ronald I. Raether: Comment: Notice of Appearance by Counsel

Civil Lawsuit Notice

Civil Lawsuit Notice: Comment: 1st CMC set for 3/22/19 at 10am in D5; assigned to Hon. Thomas E. Kuhnle

Amendment

Doe Amendment to Complaint (Doe 1 - Realpage, Inc.): Comment: Doe/Ficititous Name Amendment to Complaint

Order: Deeming Case Complex

Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/TEK

Complaint (Unlimited) (Fee Applies)

Complaint (Unlimited) (Fee Applies):

Summons: Issued/Filed

Summons Issued Filed:

Civil Case Cover Sheet

Civil Case Cover Sheet: Comment: COMPLEX

45 More Documents Available

 

Docket Entries

  • 11/01/2019
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  • Motion: Leave to Amend - Complaint (Unlimited) (Fee Applies): Motion Amend HRG 11-1-19: Memorandum of Points & Authorities: Ron Bochner Declaration: Judicial Officer: Kuhnle, Thomas; Hearing Time: 9:00 AM; Comment: Motion by Plaintiff Lowri McGill for Leave to Amend Complaint (Atty Ron K. Bochner)

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  • 09/30/2019
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  • Conference: Case Management - Joint CMC Statement HRG 9-30-19: Judicial Officer: Kuhnle, Thomas; Hearing Time: 9:00 AM; Comment: Special Set (3rd CMC) Proposed Class Action. Discovery and responsive pleading deadline stayed, as of 12/4/18, when the case was deemed complex.

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  • 09/24/2019
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  • Statement: Case Management Conference - Joint CMC Statement HRG 9-30-19: Comment: Case Management Statement

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  • 09/23/2019
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  • Amended Complaint Filed - No Fee - Amended Complaint - Claim Amount Unchanged (No Fee): Comment: FIRST AMENDED

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  • 09/16/2019
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  • Statement: Case Management Conference - Case Management Statement: Comment: Plaintiff's Case Management Statement

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  • 09/10/2019
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  • Declaration - Ron Bochner Declaration: Comment: Declaration in Support of Motion to Amend Complaint

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  • 09/10/2019
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  • Memorandum: Points and Authorities - Memorandum of Points & Authorities:

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  • 09/10/2019
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  • Motion: Amend - Motion Amend HRG 11-1-19: Comment: Notice of Motion to Amend Complaint HRG 11/1/19

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  • 09/05/2019
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  • Notice - Notice Start Time for 9-30-19 CMC is 9am: Comment: Start time for CMC on 9/30/19 is changed to 9am.

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  • 08/16/2019
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  • Conference: Case Management - Joint CMC Statement: Minutes Non-Criminal: Judicial Officer: Kuhnle, Thomas; Hearing Time: 10:00 AM; Result: Held; Comment: (2nd CMC)

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44 More Docket Entries
  • 02/05/2019
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  • Notice: Appearance - FPI Management Inc. Notice Appearance: Comment: FPI MANAGEMENT, INC.'S NOTICE OF APPEARANCE

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  • 01/25/2019
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  • Notice - Notice Appearance of Counsel Jessica R. Lohr: Comment: NOTICE OF APPEARANCE OF COUNSEL- JESSICA R. LOHR

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  • 01/25/2019
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  • Notice - Notice Appearance of Counsel Peter N. Villar: Comment: Notice of Appearance by Counsel

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  • 01/25/2019
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  • Notice - Notice Appearance of Counsel Ronald I. Raether: Comment: Notice of Appearance by Counsel

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  • 12/19/2018
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  • Amendment - Doe Amendment to Complaint (Doe 1 - Realpage, Inc.): Comment: Doe/Ficititous Name Amendment to Complaint

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  • 12/04/2018
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  • Order: Deeming Case Complex - Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/TEK

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  • 12/03/2018
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  • Civil Lawsuit Notice - Civil Lawsuit Notice: Comment: 1st CMC set for 3/22/19 at 10am in D5; assigned to Hon. Thomas E. Kuhnle

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  • 12/03/2018
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  • Complaint (Unlimited) (Fee Applies) - Complaint (Unlimited) (Fee Applies):

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  • 12/03/2018
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  • Summons: Issued/Filed - Summons Issued Filed:

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  • 12/03/2018
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  • Civil Case Cover Sheet - Civil Case Cover Sheet: Comment: COMPLEX

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Complaint Information

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27. Also pursuant to Civil Code section 1060, Plaintiff also contends that various provisions are ambiguous and are therefore either unenforceable or that the court is called upon to interpret and give meaning to so that plaintiff and the class may understand their own and their landlords’ and agent’s obligations under the contract. 28. Pursuant to Civil Code section 1060, as to the illegal or otherwise unenforceable provisions, Plaintiff and the class seek declaratory judgment determining the terms legality or ambiguity or the court’s interpretation and injunctive relief, if any, prohibiting Defendants from exploiting and/or enforcing these provisions by informing all past and present tenants of their illegality, unenforceability or meaning and removing, advising or correcting them in future leases. 29. Plaintiffs have incurred and, during the pendency of this action will incur expenses for attorney's fees and costs herein. Such attorney's fees and costs are necessary for the prosecution of this action and will result in a benefit to each member of the class or classes and the public at large and are thus awardable under Civil Code section 1021.5,

PRAYER

WHEREFORE, plaintiffs pray for judgment against each Defendants as follows: 1. A Declaratory judgment stating the respective rights and duties of the parties and/or the legality, unenforceability or meaning of the lease provisions in dispute; 2. An injunction, enjoining the acts and omissions alleged; 3. Attorney’s fees per the Contract, Code of Civil Procedure 1021.5, the catalyst, private attorney general, common fund or all other legal bases; and costs; and

4. Such other and further relief as the court deems proper.

December ; 2018 LAW OFFICE OF RON BOCHNER

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