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2257 Results

Location: Alameda x
2020.09.21 Motion for Reconsideration 207
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.21 Demurrer 005
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.21 Motion to Compel Deposition, for Monetary Sanctions 451
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.18 Motion for Preference in Trial Setting 498
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.09.18
Excerpt: ...reference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole[;] [and] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation tha...
2020.09.18 Motion to Strike Punitive Damages 840
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.09.18
Excerpt: ...n or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint...
2020.09.18 Motion to Strike or Tax Costs 979
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.09.18
Excerpt: ...OOT. This matter arises from a motor vehicle accident. The First Amended Complaint, filed on July 30, 2018, alleges a single cause of action for negligence against Defendant Express Messenger Systems, dba OnTrac ("OnTrac") and each of the above-named Defendants. On October 9, 2019, OnTrac filed a Cross-Complaint against the above-named Defendants, alleging causes of action for: 1) equitable indemnity; 2) contribution; 3) declaratory relief; and 4...
2020.09.18 Motion to Dismiss Plaintiff and Case 904
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.09.18
Excerpt: ... the LDWA under PAGA. On 5/12/14, plaintiff Gossette filed the First Amended Complaint, which added claims on behalf of the LDWA under PAGA. On 12/12/14, plaintiff Gossette filed the Second Amended Complaint, which added plaintiff Tafoya as a plaintiff on the class claims and on the PAGA claim. (2AC, para 136.) On 12/6/16, defendant filed a petition to coordinate. The case was stayed from 1/23/17 through 4/14/17 by agreement of the parties and or...
2020.09.18 Motion to Compel Deposition of PMQ 895
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.09.18
Excerpt: ... notice of deposition and request for production of documents for the deposition of PGCRG's person-most-qualified ("PMQ") and custodian of records ("COR") to commence on June 22, 2020. PGCRG served objections to the deposition and to the various document requests on June 11, 2020. The parties dispute whether a dissolved corporation must provide a witness to sit for deposition in defending lawsuits. PGCRG was a California corporation that was diss...
2020.09.18 Motion to All Immunohistochemical Staining of Existing Pathological Specimens 734
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.09.18
Excerpt: ...nsultant pathologist and a professor at the School of Medicine, Cardiff University. (Declaration of Richard L. Attanoos ["Attanoos Dec."] ¶ 2.) Dr. Attanoos states that not all mesotheliomas are caused by asbestos exposure, and some are naturally occurring. (Id. ¶¶ 12, 15.) He explains that researchers have reported genetic mutations to be associated with the development of mesothelioma, such as studies that have demonstrated the frequency of ...
2020.09.18 Motion for Summary Judgment 391
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.09.18
Excerpt: ...t GRANTS Defendant's Motion for Summary Adjudication of Plaintiff's claim for punitive damages. Plaintiffs' discovery responses are "factually devoid" on the issue of punitive damages, and Plaintiffs fail to present affirmative evidence upon which a reasonable jury could find by clear and convincing evidence Defendant's malice, oppression or fraud towards Mr. Reyes. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "A party ma...
2020.09.18 Motion for Summary Adjudication 391
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.09.18
Excerpt: ...wder that was allegedly contaminated with asbestos. Mr. Reyes has been diagnosed with mesothelioma. The Complaint of plaintiffs filed 1/29/20 asserts claims of (1) strict liability, (2) negligence, and (3) fraud, with the fraud claim subdivided into (a) fraudulent misrepresentation, (b) fraudulent concealment, (c) conspiracy to commit fraudulent misrepresentation, and (d) conspiracy to commit fraudulent concealment. The complaint also states a pr...
2020.09.17 Demurrer 462
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.09.17
Excerpt: ...Services, Inc. (1991) 231 Cal.App.3d 232, 238.) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material f...
2020.09.17 Demurrer 389
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.09.17
Excerpt: ...facts that go beyond those facts supporting his first cause of action for breach of contract. See CACI No. 325; and Digerati Holdings, LLC v. Young Money Entertainment, LLC (2011) 194 Cal.App.4th 873, 885 (gravamen of breach of implied covenant is different than gravamen for breach of contract). Defendant's demurrer to Plaintiff's third cause of action for conversion is SUSTAINED WITH LEAVE TO AMEND. Plaintiff's statement of a cause of action for...
2020.09.17 Demurrer 458
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.09.17
Excerpt: ...mily Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may con...
2020.09.17 Motion to Strike Punitive Damages 944
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.09.17
Excerpt: ...all file and serve any amended complaint no later than 21 days from the date of this Order. As a threshold issue, the Court admonishes Defendants for failing to meet and confer with Plaintiff prior to filing this Motion as required under Code of Civil Procedure section 435.5(a)(2). Defendants shall comply with any applicable Rules of Court and the Code of Civil Procedure for any future filings or the Court may consider sanctions or decline to con...
2020.09.17 Demurrer 884
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.09.17
Excerpt: ...nded Complaint, paragraphs 30 and 32), but they did not file this action until more than eight years later, on November 13, 2019. In order to toll the statute of limitations based on delayed discovery, Plaintiffs would have to specifically plead facts demonstrating the time and manner of discovery of Defendant's alleged fraud and their inability to have made that discovery earlier despite reasonable diligence. (See Fox v. Ethicon Endo-Surgery Inc...
2020.09.17 Motion to Disqualify Attorneys 458
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.09.17
Excerpt: ...resent motion to disqualify under Rules of Professional Conduct, Rules Nos. 1.9, 1.10 and Code of Civil Procedure section 128(a)(5.) "A court's authority to disqualify a lawyer in a pending proceeding derives from its inherent power to regulate the conduct of court officers, including attorneys, in furtherance of the sound administration of justice." (City of San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to cou...
2020.09.17 Motion to Strike 805
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2020.09.17
Excerpt: ... Defendant moves to strike the references to Government Code section 815.6 and to Article I, section 28 subd(c) (the California Safe Schools Act) in the FAC. First, Plaintiff concedes that the Safe Schools Act does not create a private right of action. Accordingly, the reference to Article I, section 28(c) is hereby STRICKEN from the FAC. Next, as to the reference to Government Code section 815.6 at page 4:24-25 in the FAC, the Court finds that t...
2020.09.16 Demurrer 064
Location: Alameda
Judge: Reilly, James
Hearing Date: 2020.09.16
Excerpt: ...perty for religious purposes, and that therefore the property taxes imposed on that real property by the County of Alameda are unconstitutional and they are exempt from paying the assessed taxes. Plaintiffs have an adequate remedy for any claim that they were improperly assessed real property taxes in the form of a tax refund action pursuant to Revenue & Taxation Code § 5140 et seq. Howard Jarvis Taxpayers Assn. v. City of La Habra (2001) 25 Cal...
2020.09.16 Motion for Summary Judgment, Adjudication 349
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.09.16
Excerpt: ...contradict his deposition testimony that the Disclosure Notice Plaintiff produced in discovery is the same Disclosure Notice he viewed but admittedly did not actually read on 10/11/2016. The Court has reviewed each party's supplemental briefing submitted in late August and early September 2020. The new evidence shows that neither Defendant nor its third-party vendor HireRight, LLC possess screenshots that would contradict Plaintiff's deposition t...
2020.09.16 Motion for Leave to File Complaint 445
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.09.16
Excerpt: ... action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded." (CCP § 426.30(a).) "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his ...
2020.09.16 Motion for Approval of PAGA Settlement 539
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.09.16
Excerpt: ... case. (See e.g., Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807.) The Court requests that Plaintiff's declaration be filed with the Court and a courtesy copy sent by email to Dept. 19 at least five (5) court days before the continued 10/7/2020 hearing date. Except for Plaintiff's failure to submit a declaration evidencing her participation in the action as set forth above, the Court is inclined to grant the Motion...
2020.09.16 Demurrer 373
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.09.16
Excerpt: ...) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged i...
2020.09.15 Motion to Strike Punitive Damages 997
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2020.09.15
Excerpt: ...s to strike Plaintiff Keashalia Pierce's prayer for punitive damages. Plaintiff was a tenant residing in an apartment owned by Defendants. In her Complaint, Plaintiff asserts Defendants engaged in a "pattern of harassment and intimidation" towards Plaintiff after she complained about multiple habitability issues in her apartment. (Compl., para. 9.) On a motion to strike pursuant to C.C.P. sec. 436, the Court "may," but is not required to, "[s]tri...
20209.08.06 Motion to Compel Deposition Responses 087
Location: Alameda
Judge: Spain, Julia
Hearing Date: 20209.08.06
Excerpt: ... to Deposition Questions is continued to September 10, 2020 at 2pm in Dept. 520. The parties shall provide the court with a written progress report regarding their discussions and any possible stipulation not less than 7 days prior to the continued hearing date. If the parties reach an agreement, the hearing will be dropped. If not, the hearing will proceed on the pleadings already submitted. The court recognizes that plaintiff Ulloa contends he ...

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