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3894 Results

Location: Alameda x
2021.091.7 Motion for Preliminary Approval of Class Action Settlement 378
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.091.7
Excerpt: ...ss representatives, a net PAGA payment of $2,250, and settlement administration costs of up to $5,000. After these expenses, the class would get $87,250. The average payout per class members would be $883. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis as required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116. A very imp...
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 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. ...
2021.10.08 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 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 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 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...
2021.10.07 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...
2021.10.07 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 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 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 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 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 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 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...
2021.10.06 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 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...
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 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 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 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 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 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...
2021.10.05 Demurrer 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ... slander of title to two properties in Pleasanton, CA; (4) intentional interference with prospective economic advantage (re: the four Pleasanton properties); (5) intentional interference with prospective economic advantage (the Fremont properties); (6) intentional interference with prospective economic advantage (the two Pleasanton properties referenced in the third cause of action); (7) negligent interference with prospective economic advantage ...
2021.10.05 Demurrer 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ...nspiracy allegations to evade their obligation to plead fraud‐based causes of action with particularity. Further, the Court does not understand how TILA or Regulation Z (12 C.F.R. § 1026.1 et seq.) can possibly apply to the at‐issue loans as alleged in the SAC's Sixth Cause of Action, where the loans were extended to a limited liability company, rather than to a "consumer" as defined at 12 C.F.R. § 1026.2(a)(8) and (11) (i.e., a "natural pe...
2021.10.05 Motion for Preference 644
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.05
Excerpt: ...which the court shall grant if the court makes both of the following 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).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that sa...
2021.10.05 Motion to Approve Proposition 65 Settlement, for Entry of Consent Judgment, to Seal Record 332
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ..., sold and/or distributed 12 types of nutritional supplement products (the "Supplements"), which Plaintiff alleges contain lead, a known cancer‐causing substance. Plaintiff's supplemental evidence identifies the levels of lead discovered by the testing of said Supplements and what amounts of lead consumers would be consuming based on typical daily serving sizes. (See Records Filed under Seal, pages immediately following Hajdu Sales Dec..) The p...
2021.10.05 Motion to Compel Further Responses 667
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.05
Excerpt: ...October 25, 2021, consistent with this Order. An initial hearing was conducted on 9/9/2021. Following that hearing, the Court issued an Order advising that RFPDs Nos. 7 and 16 were overbroad as drafted and advising the parties to meet and confer further regarding attempts to appropriately narrow the RFPD. The Court set a second hearing for the Motion to Compel and Ordered the parties to submit a joint statement regarding any agreements reached in...
2021.10.05 Special Motion to Strike 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ...ng and recording of a lis pendens is protected activity under C.C.P. § 425.16(e)(2). This issue was extensively analyzed by in Park 100 Investment Group II, LLC v. Ryan (2009) 180 Cal.App.4th 795. To show a probability of prevailing for purposes of section 425.16, a plaintiff must "make a prima facie showing of facts which would, if proved at trial, support a judgment in plaintiffs favor. [citation.]" (ComputerXpress. Inc. v. Jackson (2001) 93 C...
2021.10.04 Motion for Summary Adjudication 885
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.04
Excerpt: ...trial court by focusing it on the facts essential to the resolution of the motion. It is not the presentation of all facts in a two column format. The court has considered all the evidence submitted. All objections to evidence are OVERRULED. Plaintiff made targeted objections. Defendants made objections to categories of evidence. The Court refers counsel to Demps v. San Francisco Housing Authority (2007) 149 Cal.App.4th 564, 578 fn 6, regarding t...
2021.10.04 Motion for Approval of PAGA Settlement 357
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.10.04
Excerpt: ...o the PAGA claims and settlement, as described below. The parties may file a revised Settlement Agreement addressing the Court's concerns no later than Monday, October 18, 2021. Note that Case No. RG 20-081357 and Case No. RG 20-082062 have been deemed related.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, October 1, 2021 contesting party must email dept.19@alameda.courts.ca.gov and provide notice to al...
2021.10.04 Motion to Dismiss Cause of Action 778
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.10.04
Excerpt: ...-month-long Covid-19 emergency, the running of the five-year statute has been and will continue to be tolled due to impossibility and/or impracticability arising out of the Covid emergency until this Court is able to conduct jury trials in non-preferentially set cases. An argument can be made that Plaintiff has at times been dilatory in this now six- year long litigation. However, the Alameda Superior Court, since the Covid emergency was declared...
2021.10.01 Motion to Dismiss Cross-Complaint 202
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ...ion to Dismiss the Cross-Complaint of defendant and cross-complainant Dellesia Onifade ("Onifade") for Delay in Prosecution is GRANTED for the reasons set forth below. The Court declines to rule on Fonteno's Motion for Writ of Execution and Abstract of Judgment. Fonteno has remedies to enforce a prior monetary sanctions award that do not require a further Order of Court. (See Newland v. Sup. Ct. (1995) 40 Cal.App.4th 608, 615.) Kennedy's Motion f...
2021.10.01 Demurrer 440
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.01
Excerpt: ...2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) 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." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleg...
2021.10.01 Demurrer 606
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.10.01
Excerpt: ...uct; and (3) if the contract was written, attach the contract as an exhibit to the First Amended Cross-Complaint or allege, verbatim, the term(s) of the contract that BWR breached. Although paragraph 6 of the Cross-Complaint refers to a "lease", it does not appear that Kapila is alleging that BWR actually leased the subject property from Kapila. In addition, Kapila fails to expressly allege that they entered a contract with BWR requiring that any...
2021.10.01 Demurrer 890
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.10.01
Excerpt: ...n to the motion. SEVENTH CAUSE OF ACTION In reviewing the First Amended Complaint, the court agrees that Plaintiff has not adequately alleged sufficient facts in support of its cause of action for Intentional Infliction of Emotional distress, which requires showing "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's sufferi...
2021.10.01 Motion to Expunge Lis Pendens 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ... no later than 4:00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing dept.514@alameda.courts.ca.gov, and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent da...
2021.10.01 Motion to Set Aside Default 639
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ... from default [citations].' " (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, quoting Elston v. City of Turlock (1985) 38 Cal.3d 227, 233). If a defendant promptly seeks relief and there is no showing of prejudice to the plaintiff " 'very slight evidence will be required to justify a court in setting aside the default.' " (Elston, supra, 38 Cal.3d at p. 233.) Further, although there is no legal obligation to warn an opposing party before applyi...
2021.10.01 Motion to Set Aside Default 639
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ... from default [citations].' " (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, quoting Elston v. City of Turlock (1985) 38 Cal.3d 227, 233). If a defendant promptly seeks relief and there is no showing of prejudice to the plaintiff " 'very slight evidence will be required to justify a court in setting aside the default.' " (Elston, supra, 38 Cal.3d at p. 233.) Further, although there is no legal obligation to warn an opposing party before applyi...
2021.10.01 Motion to Strike or Tax Costs 783
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.01
Excerpt: ...hall have as costs of suit against Defendant the total amount of $3,613.25. STANDARD OF LAW A prevailing party may recover costs under California law. (See CCP § 1032(a)(4).) "Prevailing party" includes "a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwis...
2021.10.01 Motions to Compel Further Responses 204
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ...'s Motion to Compel Further Responses to SROG Nos. 18-21 and 66 is GRANTED IN PART and DENIED IN PART. Plaintiff's Motions to Compel Further Responses to RFA Nos. 9-10 and FROG No. 17.1 with respect to RFA Nos. 9-10 are GRANTED. Plaintiff's Motion to Compel Further Responses to RFPD Nos. 30, 32 and 47 is GRANTED. Defendant shall serve verified further responses to Plaintiff's at-issue written discovery requests as Ordered herein no later than Fri...
2021.10.01 Motion to Dismiss Cross-Complaint 202
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ...ion to Dismiss the Cross-Complaint of defendant and cross-complainant Dellesia Onifade ("Onifade") for Delay in Prosecution is GRANTED for the reasons set forth below. The Court declines to rule on Fonteno's Motion for Writ of Execution and Abstract of Judgment. Fonteno has remedies to enforce a prior monetary sanctions award that do not require a further Order of Court. (See Newland v. Sup. Ct. (1995) 40 Cal.App.4th 608, 615.) Kennedy's Motion f...
2021.09.30 Demurrer 970
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ... 144, 160.) As the Complaint is presently pled, Plaintiff fails to allege any facts suggesting that the incident giving rise to this case was anything more than the negligent operation of a motor vehicle. The demurrer to the Third Cause of Action for Negligent Infliction of Emotional Distress is SUSTAINED, WITHOUT LEAVE TO AMEND. Negligent infliction of emotional distress is not an independent tort, but rather is the tort of negligence. (See Zava...
2021.09.30 Applications for Writ of Attachment 414
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ...from its original hearing date of August 26, 2021 so that it would be heard after Defendants' motion to vacate the defaults entered against Jimin and William Corporation, Ji Min Chen, and Wendy Lai Wah Hui, which motion was granted on September 16, 2021. But in continuing the hearing on this application, the Court did not grant Defendants leave to file a second, "supplemental" opposition to this application. Plaintiff's claim against Defendants i...
2021.09.30 Demurrer 060
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ...ond Cause of Action for Battery is OVERRULED. Plaintiffs' allegations, if true, adequately support a claim for battery. Although Plaintiffs did not allege a claim for battery until their Third Amended Complaint filed February 19, 2021 (more than two years after decedent's death), Plaintiff alleges they did not discover Sutter's alleged wrongful conduct until after this lawsuit was filed (on December 6, 2019) and they reviewed decedent's medical r...
2021.09.30 Demurrer 071
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.30
Excerpt: ...sufficient 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...
2021.09.30 Demurrer 224
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.30
Excerpt: ... 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. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-...
2021.09.30 Demurrer 589
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ...by the District on September 7, 2017, effective July 10, 2017, but that she had a statutory right to preference over new applicants to be rehired to her former position. Plaintiff alleges that between 2017 and April 15, 2019, the District hired several new employees as administrative assistants rather than hiring Plaintiff for one of those positions. (See First Amended Complaint, paragraphs 15-19.) On May 4, 2021, the Court sustained the District...
2021.09.30 Motion for Preliminary Injunction 126
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ...ity that it will prevail on its claims against Defendant Justin Briggs for, inter alia, misappropriation, conversion, and intentional interference with prospective economic relations. Specifically, SP's evidence establishes that SP was incorporated by its President and CEO Craig Miller on September 13, 2013. (See the Declaration of Adrian Driscoll, Exhibit B.) Briggs was an employee and Vice President of Business Development for SP. (See Miller's...
2021.09.30 Motion for Approval of PAGA Settlement 992
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.09.30
Excerpt: ..., N.A. v. Superior Court of San Diego County (2019) 2019 WL 4309684 at *4; Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 671.) A person asserting a claim on behalf of the LWDA under PAGA must obtain court approval for any settlement. Labor Code 2699(l)(2) states: "The superior court shall review and approve any settlement of any civil action filed pursuant to this part. ?The proposed settlement shall be submitted to the agency at th...
2021.09.30 Motion for Protective Order 116
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.09.30
Excerpt: ...tion. Defendants argue that inquiries into a treating physician's thoughts and opinions that were formed outside of Plaintiff's actual treatment are irrelevant as a matter of law when the treating physician has not been designated as an expert witness. (See County of Los Angeles v. Superior Court (1990) 224 Cal.App.3d 1446, 1455-1456 [vacating order compelling treating physicians must testify at deposition as to their present opinions of the medi...
2021.09.30 Motion for Summary Adjudication 422
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ... and engaged in a good faith interactive process to do so. (See Defendants' Separate Statement Facts ("SSF") Nos. 25-28, 31, 34, 36-37, 39, and 41-42; Plaintiff's response; Plaintiff's Additional Facts ("AF") Nos. 31-33, 39-43, 47, 50, and 57-59; and the evidence cited in support.) A to Plaintiff's Third Cause of Action for Disability Discrimination, the motion is DENIED. Plaintiff's evidence creates a triable issue of material fact as to whether...
2021.09.30 Motion for Summary Adjudication 878
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.30
Excerpt: ... Conversion of Corporation Property; (3) Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.); (4) Forcible Detainer; (5) Ejectment; (6) Breach of Fiduciary Duty; and (7) Negligence as Managing Member of Limited Liability Company. On December 9, 2020, the Court granted Defendant's motion for judgment on the pleadings in part and dismissed the Fourth and Fifth Causes of Action. The case is currently set for a jury trial starting on Novem...
2021.09.30 Motion to Compel Further Answers 116
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.09.30
Excerpt: ... B. Mitchell oppose the motion. In their reply brief, however, Plaintiffs concede that Questions 3, 4, 15, 17, 18, 19, 31, and 32 were satisfactorily answered during the deposition notwithstanding counsel's instruction not to answer. The Court accordingly considers the motion withdrawn as to those questions. Plaintiffs point to several questions to which the witnesses were instructed not to provide an answer on the grounds of irrelevance, specula...
2021.09.30 Motion to Strike 970
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.30
Excerpt: ...T as to Items Nos. 2, 7-8, 11-14, and 18-22, in light of the Court's ruling on Defendant's demurrer, also heard this date. The Motion is GRANTED as to Items Nos. 3 and 9 in the Notice of Motion, WITH LEAVE TO AMEND to allege facts (as opposed to conclusory allegations) demonstrating that Defendant acted with malice, fraud, or oppression. The Motion is GRANTED as to Items Nos. 4-6 in the Notice of Motion. Plaintiff alleges that Defendant negligent...
2021.09.30 Motion for Leave to File Complaint-in-Intervention 971
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.30
Excerpt: ... divided their community assets and liabilities in the pending dissolution case. The Court hereby continues the hearing to October 7, 2021 for the submission of a proposed order by counsel. Counsel must submit a revised Complaint In Intervention with the proposed order. Counsel need not file the supplemental papers. She may simply lodge copies in Department 518 as long as she provides copies to opposing counsel. The Court cannot permit counsel to...
2021.09.29 Motion for Leave to Augment Expert Witness List 915
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.29
Excerpt: ...2021. Further, Plaintiff fails to properly explain why she reasonably needs to designate 13 additional treating physicians of Pembrook as expert witnesses. Attempting to designate so many additional new non-retained expert witnesses this close to the current 11/12/2021 is unreasonable in that defendant Di Mail Hong ("Defendant") cannot reasonably be expected to serve each of these 13 non-retained experts with deposition subpoenas and conduct thei...
2021.09.29 Demurrer 331
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.29
Excerpt: ...THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 28, 2021, the contesting party must email dept.19@alameda.courts.ca.gov and 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 Court will advise the parties of the manner in which the hearing will be conducted in advance o...
2021.09.28 Demurrer, Motion to Strike 082
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.09.28
Excerpt: ...aintiffs oppose. This matter first came for hearing on September 14, 2021. Plaintiffs argued that the Court should overrule the demurrer to the FAC's causes of action one through four and seven and eight. Defendants argued that the demurrer to the FAC's ninth and tenth should be sustained without leave to amend and the demurrer to the FAC's eleventh causes of action should be sustained. The Court considered those arguments and the authorities cit...
2021.09.28 Demurrer 038
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.28
Excerpt: ...de 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, reading it as a whole and its parts in their context and treats the demurrer as admitting all material facts properly pleaded. [Citation.]" (B...
2021.09.28 Demurrer 317
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2021.09.28
Excerpt: ...rike certain allegations regarding prior proceedings against former parties to this lawsuit and allegations regarding the basis for venue in this county. Barker opposes both the demurrer and motion to strike. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also ...
2021.09.28 Motion to Compel Arbitration 637
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2021.09.28
Excerpt: ...spute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960; see 9 U.S.C. § 4 ["If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof."].) If the party seeking arbitration makes a prima facie evidentiary showing of an agreement to arbitrate, "the trial court 'sits as a trier o...
2021.09.28 Demurrer, Motion to Strike 110
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.09.28
Excerpt: ...omplaint filed 8/26/21 alleges claims for (1) sexual assault/battery and for intentional infliction of emotional distress against nurses Fulgar R.N. and Jose, R.N. based on allegations that Fulgar touched Plaintiff's vagina under the pretense of taping her catheter. FIRST CAUSE OF ACTION - SEXUAL ASSAULT / BATTERY CACI 1300 and 1301 set out the elements of assault and of battery. The court disregards the references to the Penal Code and to federa...
2021.09.28 Motion for Terminating Sanctions 005
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.28
Excerpt: ...int alleging various related breaches of contract by Tai Hua and Wu Ning in their business dealings with Cross-Complainants. Defendants ESUN (USA) Inc., BLUSA, Inc. and Shaanxi Sunrise USA have all had their defaults entered. LBYUSA, Inc. ("LBYUSA") is a suspended California corporation and its pleadings have been stricken. On January 17, 2021, Tai Hua propounded special interrogatories and inspection demands related to Tai Hua's contention that ...
2021.09.28 Motion to Compel Deposition of PMK 481
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.28
Excerpt: ...s and Other Things at Time of Deposition to the Person(s) Most Knowledgeable from Defendant Target Corporation. The PMQ deposition was scheduled to take place on April 13, 2021. On April 7, 2021, Defendant served its objections to the deposition notice. The parties met and conferred, and in this process, counsel for Target stated it would not proceed with further discovery served by plaintiff until plaintiff serves verified answers to discovery a...
2021.09.28 Motion to Strike 038
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.28
Excerpt: ...uses of action dismissed after a successful demurrer, or contains statements or allegations "not drawn in conformity with the laws of this state, a court rule, or an order of the court." (Code of Civil Procedure section 436, sub. (b).) Additionally, several of the allegations are either irrelevant or improper. (Code of Civil Procedure section 436, sub. (a).) In reviewing the Third Amended Complaint, the court finds that Plaintiff has repeatedly d...
2021.09.24 Motion to Compel Arbitration 928
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.09.24
Excerpt: ...fferent arbitration provision, but they do not present any evidence of that. Nor do Plaintiffs describe what was "different" about the purported arbitration provision in the "Lease Agreement" or identify any contradictions between the two arbitration provisions. In any event, it is unclear why Plaintiffs' alleged agreement to arbitrate their claims against Tesla in two separate agreements would be a defense to enforcement of either or both of the...
2021.09.24 Motion for Summary Judgment, Adjudication 501
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.24
Excerpt: ...able issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause ...
2021.09.24 Motion for Summary Judgment 699
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.24
Excerpt: ... False Representation and Fourth Cause of Action for Intentional Tort and also on the FAC's claim for punitive damages. The Court elects to treat URI's Motion for Summary Judgment as a Motion for Summary Adjudication ("MSA") for the reasons stated hereinbelow. The Court GRANTS this portion of the Summary Adjudication Motion as unopposed by Plaintiff. The Court GRANTS URI's MSA on the FAC's False Representation and Intentional Tort Causes of Actio...
2021.09.24 Motion for Leave to File FAC 647
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.09.24
Excerpt: ... of her proposed claim of punitive damages against Defendant Goldman. Plaintiff argues that she has a legal basis for the claim based on Defendant Goldman's testimony that he was aware of problems with the brakes of his vehicle prior to the accident. Plaintiff argues that the California Supreme Court held decades ago that a party injured in a motor vehicle accident can assert a claim for punitive damages based on the defendant's willful disregard...
2021.09.23 Applications for Writ of Attachment 414
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.23
Excerpt: ...from its original hearing date of August 26, 2021 so that it would be heard after Defendants' motion to vacate the defaults entered against Jimin and William Corporation, Ji Min Chen, and Wendy Lai Wah Hui, which motion was granted on September 16, 2021. But in continuing the hearing on this application, the Court did not grant Defendants leave to file a second, "supplemental" opposition to this application. Plaintiff's claim against Defendants i...
2021.09.23 Demurrer 589
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.23
Excerpt: ...by the District on September 7, 2017, effective July 10, 2017, but that she had a statutory right to preference over new applicants to be rehired to her former position. Plaintiff alleges that between 2017 and April 15, 2019, the District hired several new employees as administrative assistants rather than hiring Plaintiff for one of those positions. (See First Amended Complaint, paragraphs 15-19.) On May 4, 2021, the Court sustained the District...
2021.09.23 Demurrer 657
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.09.23
Excerpt: ...tiffs further alleges that Sarwary has (1) cancelled the utility and security accounts, causing the Center to pay additional charges to reconnect the services, and (2) misrepresented to the cemeteries that he (Sarwary) alone as the right to those plots, which are worth thousands of dollars. Those facts, if true, adequately support the Center's claim for interference with contractual relations. The demurrer to the Second Cause of Action for Trespa...
2021.09.23 Motion for Leave to File FAC 658
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.23
Excerpt: ...at she is not responsible for Plaintiff's injuries because the stove and oven belonged to the tenant and not her. Plaintiff disputes this contention. Plaintiff argues that the burst of flames that injured her was caused, at least in part, on the PG&E gas line that Defendant had a duty to inspect and maintain. The Complaint was filed on September 3, 2019. Plaintiff now seeks authorization to add the claims of her minor children, Josiah Miller and ...
2021.09.23 Motion to Expunge Lis Pendens 992
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.23
Excerpt: ...d and Defendants were represented by Joshua Brysk and Laurie Yoon. Plaintiffs' current counsel formally substituted into the case on July 26, 2021. Defendants' new counsel made their initial appearance on August 5, 2021. The ten (10) notices of pendency of action were recorded in late July 2021. Defendant Phangureh's motion to expunge lis pendens is granted because Plaintiffs have not asserted a real property claim against him in their Complaint....
2021.09.23 Motion for Sanctions 374
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.23
Excerpt: ...able about the law, he has an affirmative obligation to conduct legal research if he intends to represent himself. In this case, Plaintiff argues that Defendants committed perjury during the course of pretrial discovery. Plaintiff contends that the Court should award him $150,000 because he was able to document 15 instances of perjury. If Defendants have committed a crime, then perhaps Plaintiff should give notice of their actions to the police o...
2021.09.22 Motion for Judgment on the Pleadings 135
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ... no valid contract between them, the Court finds that the declarations Plaintiffs seek that the underlying contracts are null and void is not necessary or proper at this time under all the circumstances. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 21, 2021, the contesting party must email dept.19@alameda.courts.ca.gov and provide notice to all counsel of the intent to contest the tentative ord...
2021.09.22 Demurrer 896
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.22
Excerpt: ... (6) Gender Violence and Sexual Assault, (7) Fraud, and (8) Sexual Harassment. AC does NOT demurrer to Plaintiff's Ninth Cause of Action for Negligent Hiring, Supervision, and Retention, or her Tenth Cause of Action for General Negligence. Plaintiff's causes of action arise from her alleged molestation by Defendant Leslie David Smith on occasions when Smith was supposed to be giving Plaintiff massages. Plaintiff admits that Smith's actions did no...
2021.09.22 Demurrer 971
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...the Court stay further proceedings in this action in deference to litigation pending between the parties in the United States District Court. Humana opposes both the demurrer and the alternative motion to stay. LEGAL STANDARDS - DEMURRER The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citati...
2021.09.22 Demurrer, Motion to Strike 313
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...ction with the post-judgment settlement agreement between City and Brown, plaintiff in the underlying action; and the case law authorities do not contain a bright-line standard. However, the Court finds that the SAC's new allegations regarding monies Plaintiff allegedly had to pay as a result of the post-judgment settlement between Defendant and Elaine Brown ("Brown"), plaintiff in the underlying case, are sufficiently related to the alleged fail...
2021.09.22 Demurrer 409
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...ENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, September 21, 2021, contesting party must email dept.19@alameda.courts.ca.gov and 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 Court will advise the parties of the manner in which the hearing will be conducted in advance of the he...
2021.09.22 Motion for Leave to File TAC 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...M on Tuesday, September 21, 2021, the contesting party must email dept.19@alameda.courts.ca.gov and 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 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...
2021.09.22 Motion for Preliminary Approval of Class Action Settlement 480
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...s submits evidence that the Settlement Agreement and the Class Notice have been revised as requested by the Court IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Tuesday, September 21, 2021 contesting party must email dept.19@alameda.courts.ca.gov and 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, passwor...
2021.09.22 Motion for Summary Judgment 655
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...basis for termination of Plaintiffs was pretextual so as to defeat summary judgment. The MSJ as to the Causes of Action alleged by Gonzalez is GRANTED. The Complaint's remaining causes of action alleged by Gonzalez (see below) solely allege that Gonzalez was discriminated and retaliated against by Defendants based on her association to Dodi, i.e., Gonzalez "belongs to the protected [race and/or national origin] class on grounds of association" to...
2021.09.22 Motion to Seal 702
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.09.22
Excerpt: ...99) 20 Cal. 4th 1178, 1216-1217; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575-1575.) In reviewing a motion to seal, the court starts with the "strong presumption ... in favor of public access to court records in ordinary civil trials." (In re Marriage of Nicholas, 186 Cal.App.4th at 1575.) The party seeking to seal a document in a Court file must overcome that "strong presumption" by presenting declarations that contain fact suffi...
2021.09.22 Motion to Stay Proceedings 470
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.09.22
Excerpt: ...(1992) 6 Cal.App.4th 571, 575.) IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 21, 2021, the contesting party must email dept.19@alameda.courts.ca.gov and 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 Court will advise the parties of...
2021.09.21 Motion to Compel Further Responses 759
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.21
Excerpt: ...rther responses to his Request for Production of Documents Nos. 35 and 36 which request pertain to other claims where similar bad faith claims made against CSAA by other claimants within the last five years. Plaintiff's request for further responses to Request for Production of Documents Nos. 14, 16, 17 and 32 is GRANTED IN PART, DENIED IN PART. Defendant is required to produce all documents that relate to Plaintiff's first party claim, but is no...
2021.09.21 Motion to Compel Further Responses 021
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.21
Excerpt: ...mpany-wide practices through representative testimony from an adequate number of randomly selected class members. (Duran v. U.S. Bank Nat, Assn (2014) 59 Cal.4th 1, 42-45.) Therefore, to obtain the discovery required to prepare for trial, plaintiff can reasonably seek (1) broad discovery, from which it can then identify an adequate number of randomly selected class members; or (2) more focused discovery relating to a certain number of randomly se...
2021.09.21 Motion for Approval of PAGA Settlement 864
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2021.09.21
Excerpt: ...orce Development Agency (LWDA). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382.) Plaintiff cannot bring "individual" claims under PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed aga...
2021.09.17 Motion to Quash Service of Summons 064
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.17
Excerpt: ...d ("PMQs"), custodians of record ("CORs") or senior executives of Vanderbilt and defendant Kelly-Moore Paint Company, Inc. ("KMPC") However, the Opp. Uchimura Declaration fails to properly authenticate these deposition transcripts, most of them do not contain a signed reporter's certificate to authenticate them and Plaintiff has not included portions of the deposition transcripts establishing that the deponents are PMQs, CORs or senior executives...
2021.09.17 Motion to Decertify Class 702
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.09.17
Excerpt: ...s on behalf of Midland. Defendant BLG filed a certificate of dissolution on 2/2/15. (Order of 7/27/18.) The claims against BLG have settled. The Complaint contains causes of action for (1) Rosenthal Act Claim (specifically alleged violations of Civil Code ["CC"] section 1788.17) and (2) Unfair Competition Law (violations of Business and Professions Code sections 17200, et seq. ["UCL"]). The complaint seeks, damages, restitution, and injunctive re...
2021.09.17 Motion to Compel Mental Health IME 885
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.09.17
Excerpt: ...hose personal injuries a recovery is being sought except on a showing of exceptional circumstances." GOOD CAUSE FOR MENTAL HEALTH IME The court finds good cause for a mental health IME. Plaintiff has placed his current mental health in controversy. Doyle v. Superior Court (1996) 50 Cal.App.4th 1878, 1887, states: " The mental condition of a person who is suffering ongoing mental distress is clearly "in controversy" in an action seeking damages fo...
2021.09.17 Motion for Summary Judgment, Adjudication 644
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.17
Excerpt: ... one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (C...
2021.09.17 Motion for Summary Judgment 969
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.17
Excerpt: ... to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of ...
2021.09.17 Motion for Summary Judgment 056
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.17
Excerpt: ... a non-obvious dangerous condition of the premises. In Opposition, Plaintiff fails to submit sufficient evidence to create triable issues of material fact regarding Roger's control over or legal responsibility for the alleged dangerous conditions. Further, Plaintiff does not present any legal authority for the proposition that a tenant in Roger's position would have a duty to warn Plaintiff of or remedy the alleged dangerous external conditions. ...
2021.09.17 Motion for Leave to File FAC 647
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.09.17
Excerpt: ... of her proposed claim of punitive damages against Defendant Goldman. Plaintiff argues that she has a legal basis for the claim based on Defendant Goldman's testimony that he was aware of problems with the brakes of his vehicle prior to the accident. Plaintiff argues that the California Supreme Court held decades ago that a party injured in a motor vehicle accident can assert a claim for punitive damages based on the defendant's willful disregard...
2021.09.17 Motion for Final Approval of Class Action Settlement 702
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.09.17
Excerpt: ...s. (Order of 10/6/19.) The case preliminarily settled for monetary relief of a total of approximately $700,000. The settlement agreement states there will be attorneys' fees and cost of up to $210,000 (30%) and a service award of $10,000 for each class representative. The case preliminarily settled for non-monetary relief of agreement to cooperate in the discovery for the claims against Midland. The proposed class notice form and procedure are ad...

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