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Theodore C. Zayner

See more on Theodore C. Zayner

Judge
Complex Litigation
Santa Clara County Superior Court
Old Courthouse
Department/Division: 19 Days: M-F

161 N 1st St
San Jose , CA 95113
(408) 882-2310



Appointed to Santa County Superior Court by Gov. Arnold Schwarzenegger, 2009; attorney, Adleson, Hess & Kelly, 2009; sole practitioner, 2005-2009; managing attorney, Forge & Zayner, 2003-2005; associate, Sandall & Penrose, 1998-2003; partner, Ropers, Majeski, Kohn & Bentley, 1983-1998.

UC Hastings School of Law, 1983



Judicial Profiles
Title Court Published
Humor and Candor Santa Clara County (San Jose) Feb. 27, 2019
Theodore C. Zayner Santa Clara County (Palo Alto) Superior Court Dec. 20, 2010

Rulings
Case Category Published
Guracar v. Student Loan Solutions
reversed
 Consumer Law May 21, 2025
Chai v. Velocity Investments, LLC
reversed
 Consumer Law Feb. 14, 2025
Modification: Reyes v. Kruger
dismissed
 Anti-SLAPP Oct. 23, 2020
Reyes v. Kruger
dismissed
 Anti-SLAPP Sep. 29, 2020
HGST, Inc. v. County of Santa Clara
reversed and remanded
 Tax Mar. 2, 2020
Anderson v. City of San Jose
reversed
 Constitutional Law Dec. 2, 2019
Laker v. Bd. of Trustees of the California State University
reversed
 Anti-SLAPP Mar. 4, 2019
Modisette v. Apple Inc.
affirmed
 Torts Dec. 18, 2018
In re Marriage of Kalinawan
reversed
 Family Law Oct. 10, 2017

Verdicts & Settlements
Case Name Topic Role Published
Heather Cook as an aggrieved employee pursuant to the Private Attorneys General Act (PAGA) on behalf of the State of California and other aggrieved employees v. Gogris Corporation, Gogris J424, Gogris J4366, Gogris J447, Indmex Corporation, and Does 1 through 10, inclusive Employment Law judge Feb. 20, 2026
Alexander Charles v. Varsity Tutors LLC Employment Law judge Feb. 6, 2026
Rafael Navarro, as an aggrieved employee pursuant to the Private Attorneys General Act ("PAGA"), on behalf of the State of California and other non-party Aggrieved Employees v. Floor and Decor Outlets of America Inc., Floor & Decor Holdings Inc., and Does 1 through 10, inclusive Employment Law judge Jan. 16, 2026
Gzim Kovacevic, as an individual and on behalf of all others similarly situated v. Pure Wafer Inc., and Does 1 through 50, inclusive Employment Law judge Jan. 1, 2026
Jennifer Geierman, on behalf of herself and all others similarly situated v. Grocery Delivery E-Services USA Inc., Insperity Business Services L.P., and Does 1 through 50, inclusive Employment Law judge Nov. 6, 2025
Judith Corona, an individual, on behalf of herself, the State of California, as a private attorney general, and on behalf of all others similarly situated v. Dish 'N Dash, Inc., and Does 1 to 50 Employment Law judge Oct. 2, 2025
Princess Acquah on behalf of herself and all others similarly situated v. Care.com Inc., Town & Country Rescources Inc., and Does 1-50, inclusive Employment Law judge Sep. 25, 2025
Ramon Aguila, on behalf of the general public as private attorney general v. Becton and Dickinson; Apidel Technologies, LLC; and Does 1-50, inclusive Employment Law judge Sep. 18, 2025
Marie Rebelo Showalter, as an individual and on behalf of all others similarly situated v. Northern California Chair Corporation, and Does 1 through 50, inclusive Employment Law judge Aug. 21, 2025
Kristinn Bour, individually and on behalf of all others similarly situated v. Global Spectrum LP, Oak View Group LLC, and Does 1 through 20, inclusive Employment Law judge Jul. 3, 2025
Leyla Shams, as an individual and on behalf of all others similarly situated v. Revature LLC, and Does 1 through 50, inclusive Employment Law judge Jul. 3, 2025
Jonathan Pinedo, on behalf of himself and all others similarly situated v. Express Freight Handlers, Inc., and Does 1 through 50, inclusive Employment Law judge May 15, 2025
Baltazar Perez, individually and on behalf of all others similarly situated v. Best Overnite Express Inc., and Does 1 through 20, inclusive Employment Law judge Apr. 24, 2025
Kathleen O'Brien, an individual, on behalf of herself and on behalf of all persons similarly situation v. Cerida Investment Corp., Deloitte Consulting L.P., and Does 1 to 50, inclusive Employment Law judge Apr. 4, 2025
Tiffany Soliman, on behalf of herself and all others similarly situated v. Satellite Healthcare Inc., and Does 1 through 50, inclusive Employment Law judge Feb. 7, 2025
Daija Walker and Adam Joy, individually and on behalf of other individuals similarly situated v. Crossroads Trading Co. Inc., and Does 1 through 10, inclusive Employment Law judge Feb. 7, 2025
Lucas Andrews and Lauren Andrews, on behalf of themselves and all others similarly situated v. Fortinet Inc., and Does 1-50, inclusive Employment Law judge Feb. 7, 2025
Jessica Uribe, as an individual, and on behalf of all others similarly situated v. Auto Driveway Franchise Systems LLC, and Does 1 through 100, inclusive Employment Law judge Feb. 7, 2025
Velocity Investments LLC v. Farrah Sipin, and Does 1 through 15, inclusive Consumer Law judge Dec. 6, 2024
Erlinda Reyes, on behalf of herself and all others similarly situated v. Vitas Healthcare Corporation of California, and Does 1-50, inclusive Employment Law judge Oct. 25, 2024
Vinh Q. Hoang v. Trung Nhat Tran, Thoa Kim, Katelyn Phan, Nam Tran, Evergreen Equity Partners LLC, and Does 1 through 20, inclusive Fraud judge Oct. 11, 2024
Sasha Balabanoff, on behalf of herself and on behalf of all other aggrieved employees v. Classic Vacations LLC; Expedia Inc.; Expedia Group; Classic Custom Vacations, and Does 1 through 50, inclusive Employment Law judge Sep. 27, 2024
Michael Bravo, individually and on behalf of all others similarly situated v. Michels Pacific Energy Inc., and Does 1 through 25, inclusive Employment Law judge Sep. 27, 2024
Joshua Alvarez-King, individually, and on behalf of all others similarly situated v. Bill Brown Construction Company, and Does 1 through 10, inclusive Employment Law judge Sep. 20, 2024
Pamela Sheree Chambers, individually and on behalf of all others similarly situated v. Crown Asset Management, LLC, and Does 1 through 10, inclusivve Consumer Law judge Sep. 20, 2024
Valerie Boyer v. Lucile Salter Packard Children's Hospital at Stanford, and Does 1 to 100, inclusive Employment Law judge Aug. 2, 2024
Anicia Cisneros, on behalf of herself and all others similarly situated v. Therma LLC, and Does 1-50, inclusive Employment Law judge May 17, 2024
Sima Adami, in her representative capacity on behalf of the State of California, the general public, and all aggrieved employees v. Prime Now LLC, and Does 1 through 50, inclusive Employment Law judge Mar. 1, 2024
Jorge Espinoza v. Fish Market Restaurants Inc. dba The Fish Market, and Does 1 to 50, inclusive Employment Law judge Feb. 16, 2024
Kenneth President, on behalf of himself all others similarly situated v. Walgreen Co. and Does 1 through 50, inclusive Employment Law judge Jan. 26, 2024
Edgar Guillen v. DMD Construction Inc., Kystian Konefal, Maciej Wnorowski, and Does 1-10, inclusive Employment Law judge Jan. 19, 2024
Edy Ruiz v. Lion Foods LLC Employment Law judge Oct. 27, 2023
Darlene Cabuag, individually, and on behalf of other members of the general public similarly situated v. Westgate Premier Healthcare Services Inc., Amberwood Gardens, and Does 1 through 100, inclusive Employment Law judge Oct. 6, 2023
Ryan Clay, individually and on behalf of all others similarly situated v. Conservice LLC, and Does 1 through 20, inclusive Employment Law judge Sep. 15, 2023
In re: SOS Wage and Hour Cases Employment Law judge Jul. 28, 2023
Nelson Nguyen v. Hyundai Motor America, et al. Consumer Law judge Dec. 1, 2017
Cindy Chow v. Department of Vital Records, et al. Civil Rights judge Nov. 24, 2017
Robert Todd v. RNB Associates, Inc. (fka Borelli Motor Sports Inc.), et al. Personal Injury judge Oct. 27, 2017
Michael Richmond Jr. v. Alfonso Guzman, et al. Personal Injury judge Sep. 29, 2017
Bethany Modisette, individually, and as Personal Representative and/or Successor-in-Interest of the Estate of Moriah Modisette, a deceased minor; James Modisette, individually; and Isabella Modisette, a minor, by and through her parents, Bethany Modisette, and James Modisette and/or her anticipated Guardian ad Litem, Bethany Modisette v. Apple Inc., and Does 1 through 20, inclusive Torts judge Aug. 18, 2017
Eduardo G. Carranza, Helen V. Carranza v. Nationstar Mortgage, LLC Real Property judge Aug. 18, 2017
Majdalin Zakhary, Kristin Zakhary, Paul Zakhary, et al. v. Howard Edward Carter, April Strickland, The Salvation Army Personal Injury Defendant Dec. 16, 2003
Title Court Published
Humor and Candor Santa Clara County (San Jose) Feb. 27, 2019
Theodore C. Zayner Santa Clara County (Palo Alto) Superior Court Dec. 20, 2010
Case Category Published
Guracar v. Student Loan Solutions
reversed
 Consumer Law May 21, 2025
Chai v. Velocity Investments, LLC
reversed
 Consumer Law Feb. 14, 2025
Modification: Reyes v. Kruger
dismissed
 Anti-SLAPP Oct. 23, 2020
Reyes v. Kruger
dismissed
 Anti-SLAPP Sep. 29, 2020
HGST, Inc. v. County of Santa Clara
reversed and remanded
 Tax Mar. 2, 2020
Anderson v. City of San Jose
reversed
 Constitutional Law Dec. 2, 2019
Laker v. Bd. of Trustees of the California State University
reversed
 Anti-SLAPP Mar. 4, 2019
Modisette v. Apple Inc.
affirmed
 Torts Dec. 18, 2018
In re Marriage of Kalinawan
reversed
 Family Law Oct. 10, 2017
Case Name Topic Role Published
Heather Cook as an aggrieved employee pursuant to the Private Attorneys General Act (PAGA) on behalf of the State of California and other aggrieved employees v. Gogris Corporation, Gogris J424, Gogris J4366, Gogris J447, Indmex Corporation, and Does 1 through 10, inclusive Employment Law judge Feb. 20, 2026
Alexander Charles v. Varsity Tutors LLC Employment Law judge Feb. 6, 2026
Rafael Navarro, as an aggrieved employee pursuant to the Private Attorneys General Act ("PAGA"), on behalf of the State of California and other non-party Aggrieved Employees v. Floor and Decor Outlets of America Inc., Floor & Decor Holdings Inc., and Does 1 through 10, inclusive Employment Law judge Jan. 16, 2026
Gzim Kovacevic, as an individual and on behalf of all others similarly situated v. Pure Wafer Inc., and Does 1 through 50, inclusive Employment Law judge Jan. 1, 2026
Jennifer Geierman, on behalf of herself and all others similarly situated v. Grocery Delivery E-Services USA Inc., Insperity Business Services L.P., and Does 1 through 50, inclusive Employment Law judge Nov. 6, 2025
Judith Corona, an individual, on behalf of herself, the State of California, as a private attorney general, and on behalf of all others similarly situated v. Dish 'N Dash, Inc., and Does 1 to 50 Employment Law judge Oct. 2, 2025
Princess Acquah on behalf of herself and all others similarly situated v. Care.com Inc., Town & Country Rescources Inc., and Does 1-50, inclusive Employment Law judge Sep. 25, 2025
Ramon Aguila, on behalf of the general public as private attorney general v. Becton and Dickinson; Apidel Technologies, LLC; and Does 1-50, inclusive Employment Law judge Sep. 18, 2025
Marie Rebelo Showalter, as an individual and on behalf of all others similarly situated v. Northern California Chair Corporation, and Does 1 through 50, inclusive Employment Law judge Aug. 21, 2025
Kristinn Bour, individually and on behalf of all others similarly situated v. Global Spectrum LP, Oak View Group LLC, and Does 1 through 20, inclusive Employment Law judge Jul. 3, 2025
Leyla Shams, as an individual and on behalf of all others similarly situated v. Revature LLC, and Does 1 through 50, inclusive Employment Law judge Jul. 3, 2025
Jonathan Pinedo, on behalf of himself and all others similarly situated v. Express Freight Handlers, Inc., and Does 1 through 50, inclusive Employment Law judge May 15, 2025
Baltazar Perez, individually and on behalf of all others similarly situated v. Best Overnite Express Inc., and Does 1 through 20, inclusive Employment Law judge Apr. 24, 2025
Kathleen O'Brien, an individual, on behalf of herself and on behalf of all persons similarly situation v. Cerida Investment Corp., Deloitte Consulting L.P., and Does 1 to 50, inclusive Employment Law judge Apr. 4, 2025
Tiffany Soliman, on behalf of herself and all others similarly situated v. Satellite Healthcare Inc., and Does 1 through 50, inclusive Employment Law judge Feb. 7, 2025
Daija Walker and Adam Joy, individually and on behalf of other individuals similarly situated v. Crossroads Trading Co. Inc., and Does 1 through 10, inclusive Employment Law judge Feb. 7, 2025
Lucas Andrews and Lauren Andrews, on behalf of themselves and all others similarly situated v. Fortinet Inc., and Does 1-50, inclusive Employment Law judge Feb. 7, 2025
Jessica Uribe, as an individual, and on behalf of all others similarly situated v. Auto Driveway Franchise Systems LLC, and Does 1 through 100, inclusive Employment Law judge Feb. 7, 2025
Velocity Investments LLC v. Farrah Sipin, and Does 1 through 15, inclusive Consumer Law judge Dec. 6, 2024
Erlinda Reyes, on behalf of herself and all others similarly situated v. Vitas Healthcare Corporation of California, and Does 1-50, inclusive Employment Law judge Oct. 25, 2024
Vinh Q. Hoang v. Trung Nhat Tran, Thoa Kim, Katelyn Phan, Nam Tran, Evergreen Equity Partners LLC, and Does 1 through 20, inclusive Fraud judge Oct. 11, 2024
Sasha Balabanoff, on behalf of herself and on behalf of all other aggrieved employees v. Classic Vacations LLC; Expedia Inc.; Expedia Group; Classic Custom Vacations, and Does 1 through 50, inclusive Employment Law judge Sep. 27, 2024
Michael Bravo, individually and on behalf of all others similarly situated v. Michels Pacific Energy Inc., and Does 1 through 25, inclusive Employment Law judge Sep. 27, 2024
Joshua Alvarez-King, individually, and on behalf of all others similarly situated v. Bill Brown Construction Company, and Does 1 through 10, inclusive Employment Law judge Sep. 20, 2024
Pamela Sheree Chambers, individually and on behalf of all others similarly situated v. Crown Asset Management, LLC, and Does 1 through 10, inclusivve Consumer Law judge Sep. 20, 2024
Valerie Boyer v. Lucile Salter Packard Children's Hospital at Stanford, and Does 1 to 100, inclusive Employment Law judge Aug. 2, 2024
Anicia Cisneros, on behalf of herself and all others similarly situated v. Therma LLC, and Does 1-50, inclusive Employment Law judge May 17, 2024
Sima Adami, in her representative capacity on behalf of the State of California, the general public, and all aggrieved employees v. Prime Now LLC, and Does 1 through 50, inclusive Employment Law judge Mar. 1, 2024
Jorge Espinoza v. Fish Market Restaurants Inc. dba The Fish Market, and Does 1 to 50, inclusive Employment Law judge Feb. 16, 2024
Kenneth President, on behalf of himself all others similarly situated v. Walgreen Co. and Does 1 through 50, inclusive Employment Law judge Jan. 26, 2024
Edgar Guillen v. DMD Construction Inc., Kystian Konefal, Maciej Wnorowski, and Does 1-10, inclusive Employment Law judge Jan. 19, 2024
Edy Ruiz v. Lion Foods LLC Employment Law judge Oct. 27, 2023
Darlene Cabuag, individually, and on behalf of other members of the general public similarly situated v. Westgate Premier Healthcare Services Inc., Amberwood Gardens, and Does 1 through 100, inclusive Employment Law judge Oct. 6, 2023
Ryan Clay, individually and on behalf of all others similarly situated v. Conservice LLC, and Does 1 through 20, inclusive Employment Law judge Sep. 15, 2023
In re: SOS Wage and Hour Cases Employment Law judge Jul. 28, 2023
Nelson Nguyen v. Hyundai Motor America, et al. Consumer Law judge Dec. 1, 2017
Cindy Chow v. Department of Vital Records, et al. Civil Rights judge Nov. 24, 2017
Robert Todd v. RNB Associates, Inc. (fka Borelli Motor Sports Inc.), et al. Personal Injury judge Oct. 27, 2017
Michael Richmond Jr. v. Alfonso Guzman, et al. Personal Injury judge Sep. 29, 2017
Bethany Modisette, individually, and as Personal Representative and/or Successor-in-Interest of the Estate of Moriah Modisette, a deceased minor; James Modisette, individually; and Isabella Modisette, a minor, by and through her parents, Bethany Modisette, and James Modisette and/or her anticipated Guardian ad Litem, Bethany Modisette v. Apple Inc., and Does 1 through 20, inclusive Torts judge Aug. 18, 2017
Eduardo G. Carranza, Helen V. Carranza v. Nationstar Mortgage, LLC Real Property judge Aug. 18, 2017
Majdalin Zakhary, Kristin Zakhary, Paul Zakhary, et al. v. Howard Edward Carter, April Strickland, The Salvation Army Personal Injury Defendant Dec. 16, 2003
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