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1913 Results

Location: Alameda x
2020.07.06 Motion to Reopen Expert Discovery 207
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer, Motion to Strike 134
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer 601
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer 005
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Motion for Injunctive or Declaratory Relief 207
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.02 Motion for Preliminary Injunction 291
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.02
Excerpt: .... Kramer is a general partner with access to the partnership accounts, but the partnership agreement requires a majority vote before a disbursement of over $1,000. (Kramer Dec., Exh A, Partnership Agt section 4.5(e)(ii) Three of the four partners returned the $47,500 distributions. Spanier seeks an injunction (1) requiring Kramer to return his $47,500 distribution and (2) enjoining Kramer from making any further withdrawals of funds. STANDARD "[T...
2020.07.02 Demurrer 563
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2020.07.02
Excerpt: ...Upon Sale ("TDUS"), attached to the Complaint as Exhibit 5 and incorporated by reference. Accepting the allegations in the Complaint as true, Plaintiff became the legal owner of the Property on 8/9/19. Defendant Russell Robinson demurrers to each cause of action in the Complaint on the grounds that Plaintiff is not the "real party in interest in this matter" by virtue of a Corporate Assignment Deed of Trust ("CADOT") recorded on August 21, 2019 g...
2020.07.02 Demurrer 569
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.07.02
Excerpt: ...ship of the Property for Client. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settl...
2020.07.02 Motion for Preference 342
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.02
Excerpt: ...g findings: (1) [t]he party has a substantial interest in the action as a whole[] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical ...
2020.07.02 Demurrer, Motion to Strike 569
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.07.02
Excerpt: ...hip of the Property. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settlement agreem...
2020.07.02 Motion for Sanctions 109
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.02
Excerpt: ...of this Order, Omni shall file and serve a declaration setting forth the reasonable attorney's fees and costs it incurred to attend the mandatory settlement conference and prepare this Motion as well as a proposed order awarding sanctions. The amount of the sanctions to be awarded remains within the Court's discretion. As a threshold issue, while Plaintiffs' opposition and Omni's reply brief were both untimely filed, the Court shall consider all ...
2020.07.02 Motion for Summary Judgment 128
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.07.02
Excerpt: ...n that Plaintiff had filed on July 21, 2016. The statute of limitations on a plaintiff's claims begins to run when the plaintiff learns, or should have learned, facts essential to her claim. (See Fox v. Ethicon Endo-Surgery Inc. (2005) 35 Cal.4th 797, 807.) Whether the plaintiff has exercised reasonable diligence in discovering her claims against the defendant is a question for the trier of fact. (See Leaf v. City of San Mateo (1980) 104 Cal.App....
2020.07.02 Motion for Summary Judgment 995
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.07.02
Excerpt: ...rrently occupy the premises. (See, generally, Defendants' Separate Statement Facts Nos. 1-8 and the evidence cited in support. Although Plaintiff purports to dispute some of those facts, she cites no evidence supporting any actual dispute.) Plaintiff contends that she wants to move her father into one of the two units in the duplex, and continue renting the other unit. Her Complaint alleges a single cause of action, for declaratory relief. In her...
2020.07.02 Motion for Summary Judgment, Adjudication 240
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.02
Excerpt: ...ype of metal worker, between approximately the late 1950's and the late 1970's. Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing." (See Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th...
2020.07.02 Motion to Compel Further Responses 847
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.02
Excerpt: ...ding asbestos-containing products, whether there were any asbestos-related OSHA violations, or whether any tests were conducted on its products to determine the asbestos content of those products. In this regard, General Cable cannot rely on its claim that it did not make or distribute asbestos-containing telephone wire during the relevant time period to refuse to respond to these special interrogatories. The questions relate to General Cable's k...
2020.07.01 Motion to Quash Deposition Subpoenas 569
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.01
Excerpt: ...unts. BANK RECORDS OMC served subpoenas on Wells Fargo seeking bank records of Albietz and Managed Cloud Technologies, a company that he appears to own testified at deposition that he Company seeks bank records. The bank records are relevant to the $27,000 withdrawal. Albietz has a right of privacy in his financial information. The court balances direct relevance with the privacy interests. (Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3...
2020.07.01 Motion to Enforce Settlement Agreement 406
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.01
Excerpt: ...erefore, Defendant has breached the Settlement Agreement by failure to timely pay the negotiated settlement amount. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 7, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 7/1/2020 hearing date (exclude Saturday, Sunday and national holidays...
2020.07.01 Motion for Preliminary Approval of Class Action Settlement 373
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.01
Excerpt: ...tlement of $$4,273,845.63. The settlement agreement states there will be attorneys' fees and cost of up to $27,424,615 (33%), costs of up to $850,000, service awards total of $100,000 for the class representatives, a net PAGA payment of $1,000,000, and settlement administration costs of $0. After these expenses, the class would get $48,615,384.79. The average payout per class members would be approximately $100,000. In addition, the settlement ha...
2020.07.01 Motion for Leave to File Amended Complaint 600
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.01
Excerpt: ...elief. On 5/10/19, plaintiffs filed a petition with the Labor Commissioner under the TAA. On 7/26/19, the court stayed this case due to the Labor Commissioner administrative procedure. When a plaintiff files a complaint in superior court without first exhausting the Labor Code 1700.44 administrative remedy, "the appropriate course is simply to stay the superior court proceedings and file a petition to determine controversy before the Commissioner...
2020.07.01 Motion for Judgment on the Pleadings or to Stay Action 249
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.01
Excerpt: ...rs its final decision, there is no controlling law on the basic claim of plaintiff Margarita Felix's ("Plaintiff") class action complaint; and a Stay of proceedings until the Supreme Court renders a final decision will not significantly prejudice either party. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 9, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tent...
2020.07.01 Demurrer 617
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2020.07.01
Excerpt: ...d demurrers to the petitioner's class allegations. (See Order of Dec. 11, 2019; Order of March 17, 2020.) In sustaining UC's demurrer to the class allegations in the Second Amended Petition, the Court granted leave to file the TAP to address shortcomings with commonality and predominance problems in the prior petition's class allegations. As discussed below, petitioner has not remedied these defects, and the Court infers that further leave to ame...
2020.07.01 Demurrer 569
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.07.01
Excerpt: ...ship of the Property for Client. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settl...
2020.07.01 Demurrer 474
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.01
Excerpt: ...e transaction to credit agencies. Verizon argues that plaintiff has not alleged standing under either the Credit Reporting Agencies Act, Civil Code 1785.1 et seq. ("CRA") or the Unfair Competition Law, B&P 17200 et seq. ("UCL"). The court examines each separately. "Standing requirements will vary from statute to statute based upon the intent of the Legislature and the purpose for which the particular statute was enacted." (Sisemore v. Master Fina...
2020.06.30 Motion to Strike 229
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.06.30
Excerpt: ...th 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 or cross-complaint. (CCP ...
2020.06.30 Motion to Strike 229
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.06.30
Excerpt: ...th 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 or cross-complaint. (CCP ...

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