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3230 Results

Location: Alameda x
2021.05.10 Motion to File Amended Complaint 244
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.10 Motion for Preliminary Approval of Class Action Settlement 083
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.10 Motion for Judgment on the Pleadings 313
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.10 Motion to Compel Physical and Mental Exams 352
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.07 Motion to Allow Discovery due to Anti-SLAPP Motion 396
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.05.07
Excerpt: ...e for discovery the plaintiff must introduce sufficient evidence to establish a prima facie case of falsity or unprivileged statements. (See Paterno v. Superior Court (2008) 163 Cal.App.4th 1342, 1351.) Plaintiff seeks discovery as to all posts made by Defendant Tyler McSilva on Instagram. The only evidence Plaintiff has submitted that McSilva made any statements on Instagram about or referring to Plaintiff is the declaration of Plaintiff's broth...
2021.05.07 Motion for Final Approval of Class Action Settlement 810
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.05.07
Excerpt: ...%), costs of up to $15,000, a service award of $2,500 for each class representative, and settlement administration costs of up to $10,000. After these expenses of approximately $80,000, the class would get $120,000. The average payout per class members would be $4,615. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropriate for class certification. The motion makes an ...
2021.05.07 Demurrer 606
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.05.07
Excerpt: ...s given leave to amend to clarify whether or not the subject property was sold. If the subject property was not sold, Plaintiff should identify the language in the listing agreement (if any) that addresses whether Plaintiff is to be paid under those circumstances, and if so, how the payment is to be calculated. The portion of paragraph 3A(1) of the listing agreement quoted in Complaint paragraph 10 does not address that issue. Second, Plaintiff h...
2021.05.07 Demurrer 480
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.05.07
Excerpt: ...itute 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 pleaded. (Aubry v....
2021.05.06 Motion for Leave to File SAC 816
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.05.06
Excerpt: ...ice to the opposing party is shown. See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; and Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488. Defendant has not demonstrated that it is likely to sustain any undue prejudice if the proposed Second Amended Complaint is allowed. Defendant instead attempted to argue that Plaintiff's claims are not supported by evidence disclosed in discovery that it provided Plaintiff'...
2021.05.06 Demurrer 175
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.05.06
Excerpt: ..., 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 pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3...
2021.05.06 Demurrer 280
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.05.06
Excerpt: ...ceremony held in Plaintiff's backyard with the intent of disrupting it; (3) trespassed on Plaintiff's property and removed ornamental plants; (4) sprayed Plaintiff with a "substance with a foul smell" like urine while Plaintiff was seated in his backyard; and (5) on several other occasion, sprayed Plaintiff and his family with a garden hose while Plaintiff was seated in his backyard. (See Complaint, paragraphs 9-10, 12-16, 19, 21-22, and 24-26.) ...
2021.05.06 Demurrer 729
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.06
Excerpt: ...ourt is not inclined to review the 33-page single-spaced agreement to determine whether the Complaint is sufficient, particularly if the parties only refer to its contents generally. Defendants' assertion that Plaintiff was required to recite the terms of the agreement verbatim or attach a copy of the sublease agreement is rejected. Plaintiff is only required to allege facts describing the legal effect of the subject agreement. See Miles v. Deuts...
2021.05.06 Demurrer, Motion to Strike 563
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.05.06
Excerpt: ...earn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The court GRANTS the requests of Wells Fargo for judicial notice of the federal court order of 6/19/19 (RJN , Exh 5), the bankruptcy court order of (RJN Exh 29), and the 7/10/18 dismissal of the bankruptcy case (RJN Exh 31.) The other RJNs are not relevant to this order. Defendant Smith isthe former owner of record of a single-family residence (the "Property"). Defendant Robinson was marri...
2021.05.06 Motion for Approval and Entry of Consent Judgment 468
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.05.06
Excerpt: ...s as "naturally occurring." The Court will not approve a settlement that allows such deductions unless the moving party shows, with evidence, that each allowance is based on accurate measurements of amounts of lead unavoidably found in low-lead sources of that ingredient. The supporting papers also provide no evidence from which the Court can determine the scale of unwarned exposures, such as the number of servings sold within California over a r...
2021.05.06 Motion for Summary Judgment, Adjudication 237
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.06
Excerpt: ...only Defendant Anil Sikka in the original Complaint. On September 24, 2020, Plaintiffs filed the operative First Amended Complaint prior to Defendant filing his Answer. Plaintiffs added Defendant Prime Properties (USA), Inc. to the First Amended Complaint. Plaintiffs also asserted a separate breach of contract cause of action against Prime Properties (USA), Inc., as well as claims that Defendant Sikka is liable for the breach of Prime Properties ...
2021.05.06 Motion for Summary Judgment 497
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.05.06
Excerpt: ...eg injuries that he had suffered earlier. Plaintiff's claim against PG, therefore, is essentially one for professional negligence. In a medical malpractice case such as this one, when a defendant moving for summary judgment supports its motion with an expert declaration that its conduct fell within the applicable standard of care, the motion must be granted unless the plaintiff comes forward with conflicting expert evidence. (See, e.g., Hanson v....
2021.05.06 Motion for Summary Judgment 535
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.05.06
Excerpt: ...A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact if, an...
2021.05.06 Motion for Summary Judgment 938
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.05.06
Excerpt: ... on February 16, 2011. (See SA's Request for Judicial Notice, Exhibit 5.) SA claims that it then acquired the subject property from DBank on May 23, 2014. (See SA's Request for Judicial Notice, Exhibit 6.) SA seeks summary judgment in its favor against the Heredias. Alternatively, SA seeks summary adjudication of its causes of action against the Heredias for quiet title, trespass, ejectment, and unjust enrichment. The Court determines that SA has...
2021.05.06 Motion to Compel Further Responses 237
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.06
Excerpt: ... with Defendant's contention that form interrogatory no. 2.7 should not have been propounded in view of the nature of the case. 2. Plaintiffs' motion to compel Defendant to serve a further response to form interrogatory no. 3.7 is denied. The Court agrees with Defendant's contention that form interrogatory no. 3.7 should not have been propounded in view of the nature of the case. The Court is familiar with the facts and issues in this case. Plain...
2021.05.06 Motion to Expunge Lis Pendens 843
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.05.06
Excerpt: ...long with various other assets of decedent) upon his death. Plaintiffs allege that Srinivas misappropriated the subject real property by recording a grant deed on July 17, 2015 transferring title of the subject real property from decedent to decedent and Srinivas, husband and wife, as community property with a right of survivorship. On July 6, 2020, Plaintiffs recorded a lis pendens as to the subject real property. Srinivas seeks to expunge the l...
2021.05.06 Motion to Strike 175
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.05.06
Excerpt: ... conclusory grounds for striking the sections of the complaint. Second, as to the request to strike the prayer for punitive damages and injunctive relief the court finds that the allegations in the complaint support a claim for punitive damages given the allegations that Defendant's practice is to confuse tenants and circumvent tenant protections by sending an "explanation letter" that does not comply with Civil Code section 1950.5 and improperly...
2021.05.06 Motion to Strike 280
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.05.06
Excerpt: ...hat actually occurred. The Court can take judicial notice of statements made by Plaintiff in the prior civil harassment proceedings, but it cannot take judicial notice of the truth of any of those statements. (See, e.g., Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McMort (2001) 91 Cal.App.4th 875, 885-887 and the cases cited therein.) Defendant's motion to strike Plaintiff's Third and Fourth Causes of Action in their entirety is DENI...
2021.05.05 Petitions for Writ of Mandate 268
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.05.05
Excerpt: ...k, 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. LAW RE: WRITS OF MANDATE "Section 1094.5 of the Code of Civil Procedure governs judicial review by administrative mandate of any final decision or order rendered by an administrative agency. ...
2021.05.05 Motion to Quash Service of Summons 771
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.05.05
Excerpt: ... Defendant's business originates from individuals and businesses in Louisiana, customers throughout the United States can make orders on the company's website and have the orders shipped to them. Defendant has made sales to customers in California over the years. Approximately six percent (6%) of Defendant's nationwide Internet sales are made to California customers. In 2017, Defendant made $174.00 in sales through its Internet website. In 2018, ...
2021.05.05 Motion to Compel Submission to Further Mental Examination 922
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.05
Excerpt: ...nce the May 10, 2017 accident. The scope of the examination was also based on Plaintiff's representation that she would not be making a claim for mental and emotional distress above and beyond that usually associated with her physical injuries. See CCP § 2032.320((c)(1). As indicated by Defendant in great detail, Plaintiff appeared to disclaim the representations made by counsel prior to Dr. Strassburg's examination after he completed the examin...

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