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2019.8.14 Motion to Compel Arbitration 038
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.14
Excerpt: ... age. Darden and co-defendant Olive Garden Holdings, LLC jointly move for an order compelling Martinez to submit to arbitration. For the reasons discussed below, the motion is GRANTED. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury...
2019.8.14 Demurrer 102
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.14
Excerpt: ...'s prior owner, Edmund Chute, who then sold the property to Gorlick. Chute hired Dorgan to make extensive electrical improvements to the property to prepare it for use as an indoor cannabis cultivation facility. The FAC also asserts a right to recover the value of Dorgan's work in quantum meruit. Gorlick appears by general demurrer and requests that the Court take judicial notice of certain documents. In his demurrer, Gorlick objects that the FAC...
2019.8.14 Motion for Final Approval of Class Settlement 142
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.14
Excerpt: ...hout "evidence regarding the nature of his participation in the action, including a description of his specific actions and the amount to time he committed to the prosecution of the case." A Plaintiff requesting an incentive award must provide evidence regarding the nature of his participation in the action, including a description of his specific actions and the amount to time he committed to the prosecution of the case. (Clark v. American Resid...
2019.8.12 Motion to Quash Service of Summons 142
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.12
Excerpt: ... ("CCP") section 474. Kentucky Trailer moves to quash service of summons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose and ask, in the alternative, that the hearing on this motion be continued to permit time for jurisdictional discovery. For the reasons detailed below, the hearing on this motion is CONTINUED to September 23, 2019, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oa...
2019.8.12 Motion to Permit Discovery of Financial Condition 750
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.12
Excerpt: ...inancial condition of the defendant." (Civ. Code § 3295(a).) A plaintiff may not take discovery into these subjects "unless the court enters an order permitting such discovery . . . ." (Civ. Code § 3295(c).) The Ghattas Defendants object that Plaintiffs' motion (and any discovery allowed thereby) would occur after the discovery cut-off. (See Code of Civ. Proc. § 2024.020 ["Except as otherwise provided in this chapter, any party shall be entitl...
2019.8.12 Motion to Compel Further Deposition 215
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.12
Excerpt: ... their time. Plaintiffs argue that J-M waived its right to compel further deposition by failing to meet and confer during the original deposition and did not indicate on the record that it disagreed with the instruction. J-M did not waive its right to compel further answers-Plaintiffs' counsel clearly instructed McMains not to answer the questions and J-M is within its right to move to compel responses to bring the issue to the Court's attention....
2019.8.12 Demurrer 221
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.8.12
Excerpt: ...on will refer to the corporation as the "Diocese" to avoid confusion with Bishop Barber. Defendant Father Neal Clemens is another priest employed by the Diocese. Fr. Dinh is not named as a defendant in this suit. Doe asserts the following seven causes of action against the Defendants: (1) sexual battery, (2) violation of the Bane Act (Civ. Code §§ 52, 52.1), (3) fraudulent misrepresentation, (4) intentional interference with prospective economi...
2019.7.31 Motion for Summary Judgment, Adjudication 750
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.31
Excerpt: ...ated at 530 24th Street in Oakland. Cohen and the LLC hired SG to be the property manager for the Apartments. This is a consolidated proceeding with two operative complaints, the Guerrero Third Amended Complaint ("GTAC"), which was filed December 13, 2018, and the Sabino Third Amended Complaint ("STAC"), which was filed June 15, 2018. Moving Defendants' arguments are directed only to the GTAC, which is the relevant pleading for purposes of this m...
2019.7.29 Petition for Writ of Attachment 178
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.29
Excerpt: ...n September 12, 2017. Junsay missed his rent payment due June 1, 2018, and made no further payments. The parties dispute when ELBP recovered possession of the Premises. According to Katie McKenna (ELBP's agent and property manager) , ELBP recovered possession in January 2019. According to Junsay, he quit the premises on August 26, 2018, in compliance with a 3-day notice to quit dated August 23, 2018. The 3-day notice listed an amount owed of $7,1...
2019.7.24 Motion for Trial Preference and Early Trial Date 142
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.24
Excerpt: ...unds that Plaintiffs J.B. Butler and C.A. Blanton ("Minor Plaintiffs") are both under the age of 14. Defendant DCo, LLC does not object to trial date so long as it is at least 120 days from the hearing on this motion or orders expedited discovery from Plaintiffs. Defendant Honeywell International joins DCo's conditional non-opposition. Defendant Utility Trailer Manufacturing Co. opposes. Defendant Cummins, Inc. also opposes. Defendant BorgWarner ...
2019.7.24 Demurrer 730
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.24
Excerpt: ...END. The motion to strike is GRANTED WITH LEAVE TO AMEND. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its...
2019.7.22 Motion to Quash Service of Summons 142
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.22
Excerpt: ...mmons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose. This matter came for hearing on June 26, 2019, and the motion hearing was continued to July 22, 2019, to allow time for discovery into jurisdictional issues. As permitted under the order continuing this hearing, Plaintiff offers a supplemental brief and supplemental evidence. Cummins offers a supplemental reply brief. For the reasons discussed below, the ...
2019.7.22 Motion for Summary Adjudication 781
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.22
Excerpt: ...ony issued Kruck a commercial general liability insurance policy. The policy contained a Contractors Coverage Limitations and Audit endorsement. That endorsement expanded the policy's exclusion for bodily injuries to employees to also exclude "'bodily injury' to: (1) an 'employee' or 'temporary worker' of any insured arising directly or indirectly our of: (a) employment by any insured; or (b) performing duties related to the conduct of any insure...
2019.7.22 Motion for Judgment on the Pleadings 824
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.22
Excerpt: ...on the grounds that the allegations of conspiracy tying Kobler to these causes of action are deficient and unspecific. For the reasons stated below, the motion is GRANTED as to the First, Third, and Sixth causes of action (for quiet title) and otherwise DENIED. MEET-AND-CONFER REQUIREMENT Under Code of Civil Procedure ("CCP") section 439(a), a party moving for judgment on the pleadings is required to meet and confer with his counterparty at least...
2019.7.15 Motion to Dismiss 750
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.15
Excerpt: ...elow, the requests for joinder by the 530 LLC, SGRE, the Ghattases, and Zumot are DENIED. Gomez's motion is DENIED. JOINDER IN MOTIONS Although there is no statutory provision allowing for joinder in another party's motion, general practice allows a party may join in another party's motion. Such a joinder must be brought and noticed as a separate motion and is proper only when the factual grounds for relief for the joining party are the same as t...
2019.7.15 Motion to Compel Arbitration 575
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.15
Excerpt: ... staying further litigation this action and compelling the dispute to arbitration. Limebike argues that this action is covered by its agreement with Torres to arbitrate "any and all disputes among them exclusively through final and binding arbitration." (Decl. of C. McMahon, Ex. A, ¶ 13.) Limebike claims that at leas two disputes are arbitrable: (1) whether Torres is entitled to injunctive relief, and (2) whether Torres is an "aggrieved employee...
2019.7.15 Motion for Preliminary Approval of Class Settlement 229
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.15
Excerpt: ... to allow the parties an opportunity to address concerns with the form of notice and contents of the proposed settlement agreement. The parties submitted a Revised Settlement Agreement and revised class notice on June 19, 2019, and the Court now considers the sufficiency of those documents as revised. When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem ...
2019.7.10 Motion to Transfer Venue 060
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.10
Excerpt: ...missing all claims except those arising under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Labor Code §§ 2698 et seq.). Defendant Premier Valley, Inc. moves for transfer venue of this action under Code of Civil Procedure section 396b to Stanislaus County. Premier Valley argues that no defendant is domiciled in Alameda County and that Whitlach's claims arose in Stanislaus County because he was employed there. In a separate fili...
2019.7.10 Motion to Strike Allegations and Punitive Damages 651
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.10
Excerpt: ...r dismissed) and serving a seven-day notice to quit or remove Plaintiffs' dogs from the premises. Defendants now move to strike the allegations and demand for punitive damages and each of the causes of action in the Complaint. The challenged causes of action are counts that purport to state a right to recover under the following legal theories: (1) negligence; (2) nuisance; (3) violation of Civil Code ["CC"] sections 1941, 1941.1, 1942.5 and Heal...
2019.7.10 Motion for Preliminary Approval of Class Settlement 127
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.10
Excerpt: ... certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 625-627.) The concerns of manageability and due process for absent class members, which counsel against class certification in a trial context, are eliminated or mitigated in the context of settlement. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1807 fn. 19.) Class certif...
2019.7.8 Motion for Consolidation 669
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.8
Excerpt: ...of Ramos on April 18, 2018. On an unopposed motion by Nationwide, the Court ordered the Lemus and Mendez actions consolidated for all purposes on July 30, 2018. Plaintiff Michelle Carter filed another case on February 15, 2019, alleging that she was injured in the same accident. (RG19007188.) Nationwide, as defendant- intervenor, now moves to consolidate the Carter case with the already-consolidated Lemus/Mendez case. Plaintiffs Lemus and Carter ...
2019.7.8 Petition to Vacate Arbitration 125
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.8
Excerpt: ...reek, respectively. Judge Warren issued his decision and award on February 20, 2019, awarding no damages to either party. Clark petitioned the Court to vacate the arbitration ward on May 29, 2019. The stated grounds for vacation are that Judge Warren failed to comply with California Rules of Court, Ethical Standards for Neutral Arbitrators in Contractual Arbitration, Standard 12 ("Standard 12"), and that his award contains obvious and manifest er...
2019.7.3 Motion for Additional Prejudgment Interest 996
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.3
Excerpt: ...or by the act of the creditor from paying the debt." (Civ. Code § 3287(a).) An amount is "certain" or "capable of being made certain by calculation" only when the defendant actually knows the amount owed or could have accurately computed it based on information reasonably available to it. (Children's Hosp. & Med. Ctr. v. Bonta (2002) 97 Cal.App.4th 740, 774; Howard v. Am. Nat'l Fire Ins. Co. (2010) 187 Cal.App.4th 498, 535; Watson Bowman Acme Co...
2019.7.3 Demurrer 111
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.3
Excerpt: ...xchange ("CCIE"), Mark Barteld, and Jill Krovitz demur to the second cause of action (intentional infliction of emotional distress). Defendants argue that the FAC fails to allege facts giving rise to a cause of action, and the Barteld and Krovitz ("Adjusters") argue that they are misjoined. For the reasons discussed below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS The Code of Civil Procedure ("CCP") requires parties to mee...
2019.7.1 Motion to Compel Responses 788
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.7.1
Excerpt: ...fice with documents and a computer disc containing medical records on May 8, 2019, the date specified in the request for production of documents. He allowed his documents to be copied. Safeway offers a statement of counsel that it never received verified responses to these requests as of the time it filed its motion papers. Novack is encouraged to seek representation from a competent personal injury attorney to avoid further delay or prejudice to...

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