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3893 Results

Location: Alameda x
2021.10.08 Motion to Transfer Venue 718
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.08
Excerpt: ...ablished rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory." (Easton v. Superior Court (1970) 12 Cal. App. 3d 243, 245-46.) Here, Defendant has established that the proper venue for the action is in Contra Costa County given that a...
2021.10.08 Motion to Transfer Venue 629
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.08
Excerpt: ...intiff's venue selection is not proper under any of the statutory grounds." (Id.) "It is a long established rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory." (Easton v. Superior Court (1970) 12 Cal. App. 3d 243, 245-46.) Here, De...
2021.10.08 Motion for Preliminary Approval of Class Action Settlement 214
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.10.08
Excerpt: ...any supplemental filings at least 5 court days before the hearing. LWDA/PAGA RELEASE The settlement agreement states that the participating class members are releasing "all Released PAGA Claims." (Agt, I.1.) The parties might want to amend the agreement in this regard. The named plaintiff acts as agent or proxy of the LWDA under the PAGA and can release the claims of the LWDA. The named plaintiff does not represent the "aggrieved employees" in th...
2021.10.08 Motion for Leave to File FAC 613
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.08
Excerpt: ...th 581, 596; (citing text); Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) The underlying complaint involves a claim for personal injury based on premises liability and negligence regarding an ankle injury due to Plaintiff tripping on debris and rubble on the walkway at Defendant's property. (Complaint at Pages 4-5.) Plaintiff seeks to add three unrelated causes of action for Breach of Contract, Breach of Quiet Enjoyment, Civil...
2021.10.08 Demurrer 880
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.10.08
Excerpt: ... is for ages 2-3. It is sold with a plastic dropper. The label states that it is 160 mg of acetaminophen per 5 ml. The "Children's Pain Relief" states it is for ages 2-11. It is sold with a plastic cup. The label states that it is 160 mg of acetaminophen per 5 ml. The 1AC asserts that by using different names that defendants mislead consumers into thinking that the "Infants' Pain Relief" has a different formulation than the "Children's Pain Relie...
2021.10.08 Demurrer 819
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.10.08
Excerpt: ...any, California, while setting up a product display for her employer, Mondelez International Inc. Plaintiff did not file her Complaint until April 8, 2021. Plaintiff contends in the Complaint that the two-year statute of limitations did not begin to run on August 30, 2018, because she was not aware of Defendant's negligence until months later. In California, the statute of limitations commences when a plaintiff has sufficient information to suspe...
2021.10.08 Demurrer 802
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.10.08
Excerpt: ... paid sick leave based on the employee's "regular rate of pay" as the base hourly wages. Plaintiffs assert that Kaiser should have calculated the employee's "regular rate of pay" as including base hourly wages plus shift differentials, assignment based differentials, longevity differentials, and other non-discretionary wages. (Cpt para 21, 22.) The complaint asserts (1) a UCL unlawful claim borrowing from Labor Code 246; (2) a Labor Code 218, 204...
2021.10.08 Demurrer 262
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.08
Excerpt: ...o 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 trial court also may consider matters of which it may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); City of Atascadero v. ...
2021.10.07 Demurrer 464
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.10.07
Excerpt: ... premises. (See Third Amended Complaint, paragraph 26.) Plaintiff further alleges that Pettner was acting in the course and scope of his employment as Sutter's designated "bouncer" when he committed his alleged assault and battery on Plaintiff. (See Third Amended Complaint, paragraphs 52 and 65.) Plaintiff's allegations, if true (and the Court must presume them to be true in ruling on this demurrer) support a claim for assault and battery against...
2021.10.07 Demurrer 500
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.10.07
Excerpt: ...y located at 4851 Walnut Street, in Oakland (residence) and 1246 79th Avenue, in Oakland (rental property). The Court is very familiar with Plaintiff's allegations and contentions. There have been many motions filed in this case since Plaintiff filed her initial Complaint on November 5, 2020. The subject Verified Second Amended Complaint includes six causes of action. Plaintiff asserts the these causes of action against Defendants: (1) First Caus...
2021.10.07 Demurrer 780
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.10.07
Excerpt: ...fficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family 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 p...
2021.10.07 Motion for Leave to File New Operative Complaint 082
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.10.07
Excerpt: ...(Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other parties." (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 987.) Leave to amend should be granted unless there is "unwarrante...
2021.10.07 Motion for Summary Judgment 151
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.10.07
Excerpt: ... sidewalk causing Plaintiff to fall to the ground." Plaintiff alleges that the accident occurred on a section of sidewalk near 1237 Russell Street, in Berkeley. Plaintiff alleges that the City of Berkeley had actual or constructive notice of the dangerous condition of the sidewalk. On November 6, 2020, Defendant filed its first motion for summary judgment. Defendant's motion was based on Plaintiff's testimony during his deposition that he did not...
2021.10.07 Motion for Summary Judgment 560
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.10.07
Excerpt: ... BNSF's Separate Statement Facts Nos. 1, 3, and 5; Plaintiff's response; Plaintiff's Additional Facts Nos. 6-9; and the evidence cited in support. See particularly the declaration of Christian Akina at paragraphs 5-6 and 15-18.) The Court rejects BNSF's argument that the Court must strike the declaration of Christian Akina. Preliminarily, the Court does not understand the reference to "Local Rule 180(e)" in BNSF's reply brief at page 2:21. But in...
2021.10.07 Motion to Compel Further Responses 042
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.10.07
Excerpt: ...ra 15 identified this motion. On 9/3/21, the CMC statement of PDG National at para 15 did not identify this motion. On 9/8/21, plaintiff filed a notice that PDG National had not opposed the motion. On 9/14/21, the parties appeared, and the Court set a briefing schedule. To date, no additional briefing has been received pursuant to said schedule. On 9/27/21, plaintiff filed a notice that PDG National had not opposed the motion. On 9/30/21, PDG Nat...
2021.10.07 Motion to Transfer Venue 757
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.10.07
Excerpt: ...is repeated exposure to toxic chemicals in gasoline and diesel fuel, including Benzene. Defendants other than Chevron are foreign corporations that do not maintain their principal place of business in Alameda County. Defendant Chevron's principal place of business is in Contra Costa County. Plaintiff picked up fuel for delivery at locations in Contra Costa County and San Joaquin County. Plaintiff Donna Danley, the spouse of Plaintiff Bernon Danle...
2021.10.06 Motion to Strike Complaint 736
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.10.06
Excerpt: ...ourt repeats the analysis in the parallel case even though it is not directly pertinent to this case OVERVIEW The motion of defendants to strike the complaints and the motion of plaintiff to compel further responses to discovery are both part of the larger picture of how a case moves from a plaintiff's pre-filing investigation to a P65 notice to the Attorney General and the alleged violator, to the filing of an adequate complaint, to discovery, t...
2021.10.06 Motion to Strike 870
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.10.06
Excerpt: ...prevails) to an appropriate injunction. The motion to strike is based on the pre‐filing notice. It presents questions about whether the notice put the alleged violator on notice so that they could remedy the situation without a lawsuit and to the Attorney General so that it could determine whether to initiate its own investigation and possible lawsuit. The court finds the notice to be adequate. The motion to compel further discovery is based on...
2021.10.06 Motion to Strike 870
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.10.06
Excerpt: ...prevails) to an appropriate injunction. The motion to strike is based on the pre‐filing notice. It presents questions about whether the notice put the alleged violator on notice so that they could remedy the situation without a lawsuit and to the Attorney General so that it could determine whether to initiate its own investigation and possible lawsuit. The court finds the notice to be adequate. The motion to compel further discovery is based on...
2021.10.06 Motion to Compel Responses, for Sanctions 959
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.06
Excerpt: ...icient responses and supplemental responses. The request to compel further verifications to discovery served on Walmart, Inc., Jessica Meadows and Jeff Cox is DROPPED AS MOOT in light of Plaintiff's representation in the reply papers that properly executed verifications were received. (Plaintiff's Reply at Page 10-16.) The court denies Plaintiff's request to deem the admissions at issue admitted by each of the Defendants. The notice of the motion...
2021.10.06 Motion to Compel Further Responses 600
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.10.06
Excerpt: ...2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W‐2s. (2AC, p...
2021.10.06 Motion for Summary Judgment 285
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.10.06
Excerpt: ...ee Bus. & Prof. Code, § 17200 et seq [prohibiting unlawful, unfair, and fraudulent methods of competition].) KPIC's motion presents essentially a single issue of law: whether it is subject to, or exempt from, the Knox-Keene Act. California has a divided regulatory system for healthcare coverage providers. Although providers generally compete against each other in one marketplace for health care coverage, providers themselves are classified eithe...
2021.10.06 Motion for Summary Adjudication 313
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.10.06
Excerpt: ...nd provide 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 hearing will most likely be conducted on Wednesday, October 6, 2021 at 3:00 p.m. 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...
2021.10.06 Motion for Summary Adjudication 264
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.10.06
Excerpt: ...f a putative class. Plaintiff is prosecuting this case as agent or proxy of the LWDA under the PAGA. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also Collie v. Icee Company (2020) 52 Cal.App.5th 477, 481.) These include causes of action 4 (LC 2751), 5 (accounting), 7 (LC 221), 8 (LC 223), and 11 (LC 202). The LWDA's claims are for Labor Code violations. The LWDA is not asserting claims for breach of the "FY19 Incen...
2021.10.06 Demurrer 985
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.10.06
Excerpt: ...CCP 5150.) PROCEDURAL MATTERS These are demurrers, so 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." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) California law is that complaints must be in language that is "ordinary and concise" (CCP 425.10) and "allegations must be liberally const...

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