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1124 Results

Location: Alameda x
2019.11.19 Demurrer 136
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.11.19
Excerpt: ......
2019.11.19 Motion to Strike Punitive Damages 914
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.11.19
Excerpt: ......
2019.11.12 Motion to Dismiss Class Claims 576
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.11.12
Excerpt: ...or Fair Franchising v. Southland Corp. (2000) 85 Cal. App. 4th 1135.) In reviewing class settlements, the Court acts both as a neutral decision maker and as a guardian of the absent class members. (In re Warfarin Sodium Antitrust Litig. (3rd Cir. 2004) 391 F.3d 516, 534 ["the district court acts as a fiduciary who must serve as a guardian of the rights of absent class members"].) Class actions cannot be dismissed without Court approval. CRC 3.770...
2019.11.12 Motion to Dismiss Appeal 928
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.11.12
Excerpt: ...imely filed. On 10/24/19, after this motion was filed, Defendant filed notice of an undertaking. Defendant urges the court to deny this motion on the ground that it was not served in accordance with the requirements of CCP §1005(b). Defendant's opposition addresses the motion's merits, and does not demonstrate any prejudice arising directly from the service issue. Accordingly, the court considers the motion on its merits. Cal.Labor Code §98.2(b...
2019.11.7 Motion to Vacate and Correct Court's Decision 336
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.11.7
Excerpt: ...ugust 2, 2013. The subject property included a warehouse. This unlawful detainer action was commenced upon the expiration of a 3-day notice to quit, alleging that lessee Silverado Contractors, Inc. ("Defendant"), which operated a concrete and asphalt recycling facility at the premises, had breached material covenants of the lease by using the property for an illegal purpose (i.e., operating its business in violation of various Oakland municipal o...
2019.11.7 Motion to Tax Costs 336
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.11.7
Excerpt: ...r Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first." The court's record reflects that the courtroom clerk served the Decision and Order on the parties by mail on 8/9/19. Defendants filed their memorandum of costs on 8/26/19. The fifteenth day after the 8/9/19 service date was 8/24/19, a Saturday. The memorandum of costs ...
2019.10.23 Petition for Relief from Government Code Section 945.4 985
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.10.23
Excerpt: ...to file a late claim to the City of Oakland on 5/17/19. (Petition, Exh.B.) The City denied the application on 6/4/19. (Petition, Exh.C.) On 8/13/19, Petitioner timely filed this Petition for relief from the claim presentation requirement under Gov.C.§946.6(b), claiming excusable neglect. If an application for leave to present a claim is denied, a petition may be made to the court for an order relieving the petitioner from Section 945.4. (Gov't C...
2019.10.23 Motion for Summary Judgment 395
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.10.23
Excerpt: ...857776, pursuant to Evid.C.§452(d)(1), is GRANTED. Plaintiff's Request for Judicial Notice of Defendant FLRish Retail Managements' Fourth Amended Response to Form Interrogatories - Employment, in Sandy Torres v. FLRish Retail Management and Security Services, LLC et al., RG17857776, pursuant to Evid.C.§452(d)(1), is DENIED. LEGAL STANDARD ON SUMMARY ADJUDICATION A party may move for summary adjudication as to one or more causes of action within...
2019.10.23 Motion to Tax Costs 051
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.10.23
Excerpt: ...f the litigation rather than merely convenient or beneficial to its preparation. Allowable costs "shall be reasonable in amount." Costs that are not mentioned in section 1033.5 "may be allowed or denied in the court's discretion." (CCP §1033.5(c)(1) - (3).) As set forth below, the motion is granted as to $5,969.50 in costs, as set forth below. The motion is GRANTED as to $390 in CourtCall costs under items 1(d), (e), (h), and (j). Court Call cos...
2019.10.16 Demurrer 005
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.10.16
Excerpt: ...court at the hearing"]; Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 69, 70 [similar].) TENTATIVE DECISION The Demurrer of Alameda County Board of Education and Albany Unified School District to the First Amended Complaint is OVERRULED. The court grants petitioner leave to amend to file a Second Amended Petition that is a complete standalone document and is not conjoined with a memorandum of points and authorities. Petitioner may also a...
2019.10.9 Motion for Summary Judgment, Adjudication 544
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.10.9
Excerpt: ...ly and concisely all material facts that the moving party contends are undisputed." Similarly, Cal. Rule of Court 3.1350(d)(2) limits the separate statement to "only material facts and not any facts that are not pertinent to the disposition of the motion." Plaintiff did not file a responsive separate statement, but instead objects to the defendants' separate statement on the ground that it is not limited to material facts, and undermines the obje...
2019.10.9 Motion to Continue Trial and Reopen Discovery 876
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.10.9
Excerpt: ...Port Oakland, LLC, from whom PCC apparently intends to seek discovery, preclude it from participating in a trial on Plaintiff's sole claim of unfair business practices, or that the parties' discovery disputes have deprived it of a "reasonable opportunity" to conduct discovery germane to Plaintiff's UCL claim. In any event, the court finds that alternative means exist to adequately address the issue that gave rise to this motion for continuance. (...
2019.10.3 Motion for Attorney's Fees 270
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.10.3
Excerpt: ...interest to all five plaintiffs. Pursuant to Labor Code section 1194, Plaintiffs request a total of $70,890 in reasonable fees and $2,319.25 in costs. The court may properly award fees to employees pursuant to Labor Code section 1194 in a Labor Commissioner appeal brought by the employees pursuant to section 98.2. (Eicher v. Advanced Business Integrators, Inc. (2007) 151 Cal.App.4th 1363, 1379-1394.) Plaintiffs request fees for a total of 148.8 h...
2019.10.1 Motion for Attorney Fees 770
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.10.1
Excerpt: ...'s Fremont facility wherein respondent "hit Tesla's security employee ... with his car" and then "fled the scene" in a "reckless manner" as he left the parking lot and (2) an incident on April 6, 2019 on public roads wherein respondent "stalked harassed and endangered" a Tesla Model 3 automobile engaged in autonomous driving testing. On April 19, 2019, Tesla filed the action. On April 19, 2019, the court entered a temporary restraining order and ...
2019.9.25 Motion for Judgment on the Pleadings 876
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.9.25
Excerpt: ...ances cited by PCC supplant this court's jurisdiction over an unfair competition claim between two private entities, regardless of whether the alleged anti-competitive conduct occurred on city property. The cases relied upon by PCC are inapposite because they concern the City's exclusive right to enforce its own regulations as against private individuals or entities operating on City property. (See, e.g., City of Oakland v. Horgan (1940) 41 Cal.A...
2019.9.17 Petition to Confirm Arbitration Award 082
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.9.17
Excerpt: ...ues, damages, declaratory relief, and injunctive relief, concerning Azari's conversion of Unit 1 into two separate units in alleged violation of the CC&Rs. In May 2015, the case was referred to private mediation. The parties subsequently entered into a Mediation Agreement that required Azari to pay $11,000 to the HOA to be held in trust, to pay monthly ongoing HOA dues, to produce certain documentation, and to require tenants to use Unit 1 as a s...
2019.9.11 Special Motion to Strike 001
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.9.11
Excerpt: ...the address identified in defendant's notice of Change of Address. No opposition has been filed. As a preliminary matter, Defendant's request for judicial notice of the Complaint filed in HG17859160 (Exh.1), the Special Motion to Strike filed in that case (Exh.2), the 8/16/17 Order granting the motion (Exh.3), and the 12/21/17 Judgment in defendant Carmax's favor and awarding $2,835 in attorney's fees and costs (Exh.4), is GRANTED. (Evid.C.§452....
2019.9.4 Motion for Attorney's Fees 476
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.9.4
Excerpt: ... right to discovery in civil harassment cases. Civil harassment proceedings are designed to be accessible by unrepresented people. In this case, Respondent repeatedly emphasizes the need for discovery, and contends that Petitioner engaged in discovery abuse. There is no provision under CCP section 527.6 allowing for discovery, and in any case, under the civil harassment scheme there is insufficient time in which to conduct discovery. (Thomas v. Q...
2019.9.4 Demurrer 044
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.9.4
Excerpt: ...cond Amended Complaint ("SAC"). The prior ruling on this cause of action is maintained. The court assumes Plaintiff has re-pleaded this claim to preserve it in connection with a potential appeal. KMA again demurs to the fifth cause of action for fraudulent inducement by intentional misrepresentation, on the ground that Plaintiff fails to allege facts sufficient to demonstrate that KMA knew that the representations in its marketing materials were ...
2019.8.7 Motion for Summary Adjudication 051
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.8.7
Excerpt: ...her ACCO was involved in the conduct alleged to constitute conversion of his vehicle. Plaintiff's sole basis for asserting a conversion claim against ACCO appears to be the conclusory assertion that defendant York Risk Services Group, Inc. ("York"), a third party claims administrator, was acting on ACCO's behalf as its agent, and that ACCO is therefore liable for alleged wrongdoing by employees of York, as York's principal. None of the legal auth...
2019.7.17 Special Motion to Strike 001
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.7.17
Excerpt: ...e court finds that this action is barred by the doctrine of res judicata, as it is nearly identical to the complaint Plaintiff filed in Case No. HG17859160, Fuller v. Carmax, and arises from the same conduct alleged in support of that Complaint. In that case, the court granted defendant's Special Motion to Strike on 8/16/17, having found that the alleged conduct was petitioning activity protected under both CCP §425.16 and Civil Code §47(b), aw...
2019.6.10 Motion for Attorney Fees 616
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.6.10
Excerpt: ...e" that a different result would have been reached if he had been permitted to effectively cross-examine Roe."; (2) The use of different investigators to evaluate the credibility of Roe and Doe was structural error. When a criminal or civil case is tried to the court, then the judge cannot change in the middle of the trial. ... The finding of structural error compels a finding that the due process violation[] was prejudicial."; and (3) The use of...
2019.6.6 Motion to Set Aside Default 779
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.6.6
Excerpt: ...nable time," in no case exceeding six months, after such judgment, order, or proceeding was taken. This motion was not timely filed under CCP §473(b), as it was not filed within six months after default was entered on 10/9/18. Alternatively, Mr. Stapper seeks relief under CCP §473.5, on the ground that he lacked actual knowledge of this action in time to defend. Under CCP §473.5, a party may seek relief from a default judgment where service of...
2019.6.5 Demurrer 987
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.6.5
Excerpt: ...ice under CCP §1161(2), and no such notice is alleged in the FAC, and (2) the FAC is uncertain because it alleges $292,298.45 in past-due rent, while the attached five-day notice states the amount due as $191,193.82. NOTICE REQUIREMENT IN LEASE Paragraph 19.1.1 of the Lease states that an "Event of Default" occurs with "Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due u...
2019.6.3 Motion to Set Aside Default, Judgment 346
Location: Alameda
Judge: Schwartz, Karin
Hearing Date: 2019.6.3
Excerpt: ...does not limit the applicability of section 1788.61 to debts purchased before 1/1/14, attaching copies of legislative reports regarding the intended effect of §1788.61. (Reply, Exh.A., B.) Under the plain language of Civil Code 1788.61(d), "This section shall apply to a default or default judgment entered on or after January 1, 2010, except in the case of identify theft or mistaken identity, in which case this section shall apply regardless of t...

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