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2891 Results

Location: Alameda x
2021.02.26 Motion to Set Aside Dismissal 491
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion for Terminating, Evidentiary, Issue, or Monetary Sanctions 455
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion for Protective Order 303
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion for Final Approval of Class Action and PAGA Settlement 640
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Demurrer 917
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Demurrer 419
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Demurrer 401
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Demurrer 205
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion to Compel Compliance with Deposition 303
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.24 Motion for Leave to File Amended Complaint 895
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.24
Excerpt: ... claims are based on two practices. First, there are claims relating to nerve blocks. Sutter has a business practice of placing patients in operating rooms to perform nerve blocks. Sutter then charges for operating room time at NUBC revenue code 36x. Under the NUMC Manual, revenue code 36x is applicable only to "charges for services [related to] the performance of surgical and related procedures during and immediately after surgery as well as the...
2021.02.24 Demurrer 419
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.02.24
Excerpt: ...20. On November 23, 2020, prior to Defendant making an appearance, Plaintiff filed the operative First Amended Complaint on behalf of himself and other allegedly aggrieved employees for civil penalties pursuant to Labor Code § 2699. Plaintiff alleges in the First Amended Complaint that he exhausted his administrative remedies by giving notice of his claim to the Labor and Workforce Development Agency. In paragraph 7, Plaintiff prays for an award...
2021.02.24 Motion for Final Approval of Class Action and PAGA Settlement 149
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.24
Excerpt: ...ions. There are approximately 196 members of the class. The claims against the settling defendants preliminarily settled for a total of $150,000. The settlement agreement states there will be attorneys' fees and cost of up to $45,000 (30%), costs of up to $16,000, a service award of $10,000 each for the two class representative, a net PAGA payment of $5,625, and settlement administration costs of up to $12,000. After these expenses, the class wou...
2021.02.24 Motion for Final Approval of Class Action and PAGA Settlement 328
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.24
Excerpt: ...of up to $71,666.67 (33%), costs of up to $20,000, a service award of $2,500 for the class representative, a net PAGA payment of $6,000, and settlement administration costs of up to $10,000. After these expenses, the class would get approximately $102,833. The average payout per class members would be approximately $562. The settlement was mediated with the assistance of Steve Pearl. The court gives "considerable weight to the competency and inte...
2021.02.24 Motion for Summary Judgment, Adjudication 030
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.24
Excerpt: ... by Defendant to the First Amended Complaint and Second Amended Complaint. Plaintiff's daughter, 19-year-old Rusamie "Ashly" Phong Phoumy ("Ashly") was killed with a knife by Defendant's half-brother, Abdol Ali Omar, on the morning of November 30, 2014, at Defendant's business, Oakland Market. Defendant contends in his motion that the Court should grant summary judgment because he owed no duty to Ashly to protect her from an unforeseeable attack ...
2021.02.24 Motion for Protective Order 647
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.24
Excerpt: ...ly support its defenses or affirmative defenses in this case. Sutter indicated it was going to produce 65 documents. (Kelly Dec. Exh 6.) Sutter gave notice to Blue Shield. Blue Shield objects to Sutter producing the arbitration documents. The court provided its initial thoughts in a series of informal discovery conference emails dated 11/21/19, 12/3/19, 10/21/20, and 11/12/20. (CCP 2016.080.) The informal discovery conference emails were informal...
2021.02.24 Motion for Summary Judgment 724
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.02.24
Excerpt: ... has not waived its sovereign immunity under the Eleventh Amendment to the United States Constitution and that Defendant is not judicially estopped from asserting its Sovereign Immunity based on positions the State took in Stoetzl v. Calif. Dept. of Human Resources (2019) 7 Cal.5th 718. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, February 23, 2020, the contesting party must email dept.19@alameda.courts....
2021.02.24 Motion to Compel Amended Privilege Log 260
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.02.24
Excerpt: ...rovide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. ANALYSIS OF MOTION The parties do not...
2021.02.24 Motion to Compel Arbitration 957
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.24
Excerpt: ...s' claims are based on their purchase of Defendants' property located at 6450 Oakwood Drive, in Oakland, on January 30, 2019. Plaintiffs were in the market for a house in the San Francisco Bay Area because Plaintiff Vessere had accepted a job offer in the area. Plaintiffs were living in Canada when they contacted local realtor Raymond Markarian. Mr. Markarian's agency is Marker Real Estate. Plaintiffs allege in the Complaint that Defendant Markar...
2021.02.24 Motion to Compel Further Responses 223
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.24
Excerpt: ...uraged from giving multiple extensions of time to file a motion to compel instead of dealing substantively with the dispute as early as possible. The Court will not grant Plaintiff's request for an award of discovery sanctions because her attorneys did not comply with their obligation to make a reasonable and good faith attempt to resolve each disputed issue prior to filing the motion on December 18, 2020. See CCP § 2016.040 (facts showing that ...
2021.02.23 Special Motion to Strike 105
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.23
Excerpt: ...t (2018) 28 Cal.App.5th 1146, 1156-1158, the court of appeal held that the Legislature did not intend to permit defendants and cross-defendants to file anti-SLAPP motions in limited civil cases when it enacted Section 425.16 in 1992. Defendant then immediately filed another anti-SLAPP motion even though the case is still classified as a limited civil case. Plaintiff cannot convert a limited civil case to an unlimited case simply by adding a praye...
2021.02.23 Motion to Strike or Tax Costs 791
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.02.23
Excerpt: ...clad or its affiliated witnesses, the motion is denied. To the extent that Metalclad asserts that Plaintiffs should only recover its costs from Defendant pro rata according to its share of fault or its proportion of Plaintiffs' total recovery, the motion is also denied. Plaintiffs asserted and proved liability against defendants as joint and several tortfeasors and Plaintiffs' investigation of all potential sources of exposure was reasonably nece...
2021.02.23 Motion to Quash Deposition Subpoena 820
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.02.23
Excerpt: ...erned about the untimeliness of the papers filed in opposition to the motion, the Court exercises its discretion to consider the late-filed papers. (See Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625).) STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, includi...
2021.02.23 Motion to File Records 362
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.02.23
Excerpt: ... harassment claims against Defendant, his former employer. STANDARD OF LAW On a Motion to Seal Records under CRC Rule 2.551, the following rules from CRC Rule 2.550 apply: (d) Express factual findings required to seal records The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding inter...
2021.02.23 Motion to Confirm Arbitration 257
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2021.02.23
Excerpt: ...ons are the basis for this action, in which Black seeks civil penalties on behalf of the State under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.). Plaintiff sought a preliminary injunction from this Court to enjoin the proceedings in arbitration. On July 7, 2020, before that motion came for hearing, Defendants voluntarily dismissed their arbitration demand without prejudice. After the dismissal, Blac...
2021.02.23 Motion for Summary Judgment 674
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.23
Excerpt: ... law claims for negligence and premises liability. Defendant Alameda Health System thereafter answered the Complaint on December 23, 2019. This is a personal injury action. According to the Complaint, Plaintiffs were stabbed by Defendant Derrian Germon when they went to Highland Hospital to visit Naomi Schneider, the mother of Mira and Lia, on March 24, 2019. In October 2020, Plaintiffs served Defendant Germon with the summons at Santa Rita Jail....

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