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3893 Results

Location: Alameda x
2021.03.23 Demurrer, Motion to Strike 207
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.23
Excerpt: ...ART as set forth below. Plaintiff may serve and file a Second Amended Complaint consistent with this Order no later than Friday, April 2, 2021. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, March 12, 2021, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. IF A HEARING IS REQUESTED, the hearing will most likely be conduc...
2021.03.23 Demurrer 766
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...rt's final order on Friday, March 12, 2021 unless, by no later than 4:00 p.m. on Thursday, March 11, 2021, a party to the action notifies both (1) the Court by emailing [email protected], 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 Wednes...
2021.03.23 Demurrer 647
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.23
Excerpt: ... 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.3d 311, 318.) The court m...
2021.03.23 Demurrer 584
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.23
Excerpt: ...35.1, even if that statute of limitations is tolled until the time Plaintiff reached majority, as provided in CCP section 352(a). Plaintiff's argument that the four-year statute of limitations of CCP section 343 applies to this claim is incorrect. Section 343 only applies to "an action for relief not hereinbefore provided" and, hence, is inapplicable where, as here, the allegations stated against this defendant amount to a claim of negligence. Mo...
2021.03.23 Demurrer 499
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.23
Excerpt: ... at 6044 Stevenson Blvd., in Fremont. The Wayland, LLC purchased the property in 2016. In 2017, the Art Center fell behind in its monthly rent payments. Qiang Wu, the principal of the Art Center and former husband of Jing Zhao, discussed with Guy Fong, the principal of The Wayland, LLC, a proposal wherein Wu would deliver a valuable item of Chinese art to Fong as security for the Art Center's obligation to pay rent through January 2018. The parti...
2021.03.23 Demurrer 261
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...hearing on this demurrer under C.C.P. 472, but Plaintiff did not do so. Instead, Plaintiff asks the court to determine the sufficiency of the proposed first amended complaint although the demurrer is directed to the complaint. The Court will not review the sufficiency of plaintiff's proposed amended pleading, Instead, the Court will grant Plaintiff leave to amend to file the proposed first amended complaint or any other version of a first amended...
2021.03.23 Demurrer 104
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.23
Excerpt: ...907104. Plaintiff must file a consolidated Second Amended Complaint on or before 4/16/21. BACKGROUND 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.) The court GRANT's Red Bull's and the Individuals' requests for judicial notice of Court fil...
2021.03.23 Demurrer 029
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.23
Excerpt: ...ue to the late delivery of portions of premises has already been ruled on by the Court in its order overruling 2050 Williams Street's demurrer to the First Amended Complaint, which addressed the interpretation of section 8.7 and 8.8 of the lease agreement addressing insurance and indemnity obligations. Cross-Defendant argues that section 8.7 and 8.8 do not apply to the present lawsuit because that portion of the lease only relates to damages and ...
2021.03.23 Demurrer 029
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.03.23
Excerpt: ... CACI No. 325 and the cases cited in support.) The Court rejects Flatiron's argument that the Second Cause of Action is based on the same conduct as the First Cause of Action for Breach of Contract. Second Amended Complaint paragraph 43 alleges that Flatiron breached the implied covenant by "repeatedly asserting unsupported claims for additional compensation to which it was not entitled." That allegation does not appear anywhere in the First Caus...
2021.03.23 Demurrer 995
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...ge a specific breach. (Id., ¶8.) Plaintiffs attach loan documents and other agreements between themselves America West Bank, Defendant's predecessor, dated November 7, 2012 and May 1, 2014 related to the purchase of a property in Oakland. (Id.) Plaintiffs pray for damages of $15,060.59, attorney fees, interest and other charges. (Id., ¶¶ 10(a), (c), (d).) Defendant Pacific Western Bank demurs to the breach of contract cause of action on the gr...
2021.03.22 Motion for Judgment on the Pleadings 419
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.22
Excerpt: ...G, NO LATER than 4:00 PM on Friday, March 19, 2020, the contesting party must email [email protected] 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 tim...
2021.03.22 Demurrer 419
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.22
Excerpt: ...il [email protected] 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 the tentative ruling will become the final order of the Court....
2021.03.19 Motion for Early Expert Disclosures 434
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.19
Excerpt: ...rt will drop the motion when it comes on calendar on 3/19/21. If counsel do not submit a stipulation on scheduling the expert depositions that takes this motion off calendar, then the court's tentative decision will remain as follows: TENTATIVE DECISION FOR 3/19/21 Plaintiff alleges exposure to various paints, cleaners, and other products, that the products contained benzene, and that the benzene caused hm to develop Acute Myeloid Leukemia ("AML"...
2021.03.19 Demurrer 136
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.03.19
Excerpt: ...t Board resolutions, the First Amended Complaint, and the court's prior order. Defendant EBMUD provides water service. On 7/11/17, EDMUD adopted Resolution 35045-17, which set water rates for fiscal years 2018 and 2019. The rates went into effect 7/12/18. On 6/11/19, EDMUD adopted Resolution 35142-16, which set water rates for fiscal years 2020 and 2021. The rates went into effect 7/1/19. (Collectively the Water Rates.") The First Amended Complai...
2021.03.19 Motion for Approval of PAGA Settlement 358
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.03.19
Excerpt: ...aims of other employees. The parties may also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers ten court days before the continued hearing date. The court's PRE-TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is UNDECIDED. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor ...
2021.03.19 Motion for Preliminary Approval of Class Action Settlement 852
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.03.19
Excerpt: ... III.F.1.) The Settlement Agreement states that the absent class members are releasing not only "all claims... that that were or could have been alleged based on the facts set for the in the Complaint' but also "all claims ... that were or could have been alleged based on the facts set forth in ... any further amended complaints or PAGA letters in the Action, whether known or unknown, during the class period." The inclusion of claims "that were o...
2021.03.19 Motion for Final Approval of Class Action Settlement 054
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.03.19
Excerpt: ...or a total of $850,000. The settlement agreement states there will be attorneys' fees and cost of up to $297,500 (35%), costs of up to $40,000, a service award of $7,500 for each class representative, a net PAGA payment of $12,500, and settlement administration costs of $20,000. After these expenses, the class would get $440,000. There are approximately 931 members of the class. The average payout per class members would be $460. The proposed cla...
2021.03.19 Motion for Summary Judgment, Adjudication 303
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.19
Excerpt: ... AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable 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,...
2021.03.19 Motion to Quash Service of Summons 553
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.19
Excerpt: ...ing, no later than 4:00 PM on Thursday, March 18, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If not timely contested, and the tentative ruling will become the final order of the Court. LAW "When a defendant challenges jurisdiction through a motion to quash, the plaintiff bears the burden to demonstrate facts, as to each nonresi...
2021.03.18 Motion to Set Aside Default, Quash Service of Summons 771
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.18
Excerpt: ...ntains an Internet website. Customers can make orders on the Internet website and have the orders delivered to them. Defendant has made sales to customers in California over the years. Defendant states that it has decided not to accept any more business from customers located in California since the filing of this Unruh Civil Rights Act lawsuit. Defendant's motion to quash service of the summons for lack of personal jurisdiction is DENIED WITHOUT...
2021.03.18 Motion to Compel IME 082
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.18
Excerpt: ...s agreed to IMEs by Dr Strassberg and Dr. Berg. Dr Strassberg was to be a several hour-long interview and a physical examination related to neurological issues. Dr. Berg was to be a written test. Plaintiff travelled from Los Angeles to the Bay Area. On 7/22/20 there were disputes over the length of the Dr Strassberg IME and whether plaintiff could have a nurse present for the physical exam portion of the IME. The IME was not completed. On 7/23/20...
2021.03.18 Motion to Compel Further Responses 205
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.18
Excerpt: ...bson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625; CRC 317(d).) In a demand for production of documents, "the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) [a] statement of compliance with the demand is incomplete[;] (2) [a] representation of inability to comply is inadequate, incomplete, or evasive[;] [and/or] (3) [a]n objection in the response...
2021.03.18 Motion for Attorney Fees 995
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.03.18
Excerpt: ...ion as to one of the two units in the duplex, and (2) that Defendants cannot maintain residence at both units of the duplex, but instead must choose one or the other. On July 2, 2020, the Court granted Defendants' motion for summary judgment. In its order, the Court determined that (1) Plaintiff had not identified any provision of the lease as to which there was any controversy over the provision's construction or validity, and (2) that Plaintiff...
2021.03.18 Demurrer 994
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.03.18
Excerpt: ... was already overruled. (See, e.g., Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-97.) To the extent that the Bennett case conflicts with other cases allowing a party to demurrer to an amended pleading even after an earlier demurrer was overruled (see, e.g., Pavicich v. Santucci (2000) 85 Cal.App.4th 382, 389), the Court elects to follow Bennett, not Pavicich. In particular, the Court already rejected Defendants' argument that this case is bar...
2021.03.17 Motion for Reconsideration 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.17
Excerpt: ...ertently rather than the tentative ruling being adopted. To rectify this effort, the tentative ruling is adopted nunc pro tunc and reprinted below with the only modification in the last paragraph to reflect that the "Revised and Final Protocol for Site Inspection of Subject Unit" was issued on December 11, 2020: The present dispute involves Plaintiff tenant's claims sounding primarily in rental housing habitability violations and tort claims agai...
2021.03.17 Demurrer 482
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.17
Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], 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, March 10, 2021 at 1:30 p.m. or at a s...
2021.03.17 Demurrer 585
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.03.17
Excerpt: ...ntion of the Racketeer Influenced and Corrupt Organization Act (RICO) (18 U.SC. § 1962)", the Sixth Cause of Action for "Aiding and Abetting the Primary Contravention of the Racketeer Influenced and Corrupt Organization Act (RICO) (18 U.SC. § 1962)", the Seventh Cause of Action for "the Racketeer Influenced and Corrupt Organization Act (RICO) (18 U.SC. § 1962) (Respondeat Superior/Derivative Liability)", and the Eighth Cause of Action for "Con...
2021.03.17 Demurrer, Motion to Strike 272
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.17
Excerpt: ...ons of Plaintiff's Complaint is GRANTED IN PART and DENIED IN PART as set forth below. "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (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, ...
2021.03.17 Motion for Judgment on the Pleadings 679
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.17
Excerpt: .... § 438(c)(1).) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged complaint or be based on facts which the court may judicially notice. (C.C.P. § 438(d); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 548.) "On a motion for judgment on the pleadings, a court may take judicial notice of something that cannot reasonably be controverted, even if it negates an express allegation of ...
2021.03.17 OSC Re Contempt 151
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.17
Excerpt: ...erve a responsive Separate Statement no later than Wednesday, April 7, 2021. No other papers should be filed. Copies of the Separate Statements should be provided to Dept. 19 by email on the date of filing and service. The present dispute arises out of an alleged 2015 "joint venture" or "partnership" agreement between Plaintiff and A.J. Lozano ("A.J.") to form a construction business, which was eventually incorporated as defendant Bay Pro Propert...
2021.03.17 Motion for Summary Adjudication 783
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.03.17
Excerpt: ...had a legitimate, nondiscriminatory reason for the adverse employment action taken against the plaintiff. If the employer does so, the burden shifts back to the plaintiff to present evidence that the employer's proffered reason for the adverse employment action is a pretext for discrimination. (See, e.g., Guz v. Bechtel National Inc. (2000) 24 Cal.4th 317, 354-356.) To establish a prima facie case of employment discrimination, Plaintiff must pres...
2021.03.17 Motion to Intervene 072
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.17
Excerpt: ..., 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. PROCEDURAL BACKGROUND This consolidated action involves seven different lawsuits brought against Defendant in the Alameda County Superior Court in 2018 and 2019 alleging either class action wage and hour violations under the Cal. Labor Code o...
2021.03.17 Motion to Reopen Discovery 403
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.17
Excerpt: ...22.50 no later than Friday, April 16, 2021 to compensate DDC for the reasonable legal fees and costs incurred bringing this motion. RELEVANT LAW CCP § 2024.050 provides in relevant part: "(a) On motion of any party, the court may grant leave to complete discovery proceedings ... closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Sec...
2021.03.17 Special Motion to Strike 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.17
Excerpt: ... reasonable likelihood of prevailing on her invasion of privacy cause of action. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, March 16, 2021, the contesting party must email [email protected] 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 re...
2021.03.17 Motion for Summary Judgment 944
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.17
Excerpt: ...) 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, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...
2021.03.16 Motion to Strike or Tax Costs 042
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.16
Excerpt: ... support their contention that the Complaint was not timely filed. See CCP §§ 340.5 and 364(d). The Court, however, gave Defendants an opportunity to correct the errors and submit a second motion for summary judgment. The Court then granted Defendants' second motion on October 29, 2020. Plaintiffs should not have to reimburse Defendants' original $500 filing fee under the circumstances. Plaintiffs' objection to the $828.34 claimed by Defendants...
2021.03.16 Motion for Summary Adjudication 058
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.16
Excerpt: ...Complaint filed 12/7/18 asserts four causes of action: (1) breach of contract; (2) violation of Civil Code § 2924c; (3) violation of Civil Code § 2924.17; and (4) B&P 17200. On summary judgment the court's review of the evidence is similar to an accounting of monies due and monies paid. Where there are factual disputes, the court construes the evidence in favor of plaintiff FIRST CAUSE OF ACTION - BREACH OF CONTRACT The motion of Ocwen for summ...
2021.03.16 Motion for Separate Trials of Liability and Damages 813
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.16
Excerpt: ...that it was negligent and alleges that Plaintiff's own negligence caused or contributed to her injuries, which included broken front teeth. BSC believes there is a significant risk that Plaintiff's potential liability will be overlooked by the jury unless liability is determined before Plaintiff is allowed to present evidence of her injuries, in particular, pictures of her broken teeth, swollen lips and facial abrasions. Therefore, BSC asks the C...
2021.03.16 Demurrer 929
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.16
Excerpt: ... Fire Insurance Company of Pittsburg, PA (collectively "Defendants") provided business insurance to Plaintiff during the period from 1998-2012. On 8/9/12, Plaintiff filed this case. Plaintiff seeks to recover policy benefits for lawsuits and claims against it arising from alleged defects in Plaintiff's plumbing components involving nine different lawsuits or projects. Plaintiff claims that Defendant renewed Plaintiff's policy in 2009/2010 even th...
2021.03.16 Demurrer 707
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.16
Excerpt: ..., filed on September 17, 2020, she alleges that Living Spaces Furniture, LLC is vicariously liable to her for the actions of Vargas because it was his employer. Counsel for Plaintiff subsequently learned that Vargas did not work for Living Spaces Furniture, and that Of Service Transportation was his employer. On November 24, 2020, Plaintiff amended the Complaint to join Of Service Transportation in the place of "DOE 1" and Alpha Road Carriers, In...
2021.03.15 Demurrer 569
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.15
Excerpt: ...ubd. (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.3d 31...
2021.03.15 Motion for Judgment on the Pleadings 220
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.15
Excerpt: ...er reporting the sexual harassment. Plaintiff alleges in her First Amended Complaint that she was jointly employed by defendant TPS Solutions, Inc. ("TPS") and Rainin and that her supervisor, Ellis Travis, who is named individually, was also employed by both TPS and Rainin. (First Amended Complaint at ¶¶7-10.) The First Amended Complaint alleges that Plaintiff filed charges with the California Department of Fair Employment and Housing on Novemb...
2021.03.15 Motion for Approval of PAGA Settlement 810
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.15
Excerpt: ...pplemental declaration containing the requested evidence no later than 3/22/2021, with a courtesy copy submitted by email to Dept. 19. Because the Settlement Agreement has already been served on the LWDA, as defined below, the Court will not require notice to the LWDA of Plaintiff's supplemental declaration. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, March 12, 2021 contesting party must email dept.19@...
2021.03.15 Motion for Final Approval of Class Action Settlement 253
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.15
Excerpt: ... services counsel has provided with respect to this action. The Court instructs Plaintiff to submit a supplemental declaration containing the requested evidence no later than 3/22/2021, with a courtesy copy submitted by email to Dept. 19. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday, March 17, 2020 at 3:00 p.m. in Dept. 19. In order to contest the Tentative Ruling, NO LATER than 4...
2021.03.12 Motion to Compel Independent Neuropsychological Examination 432
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.03.12
Excerpt: ...e specific limitations he wants imposed on the examination. First, he wants any court order granting the examination to explicitly prohibit the examiner from taking Plaintiff's medical or clinical history. Second, he wants the order to explicitly prohibit the examiner from asking "fact finding questions about the exposure to carbon monoxide or the subject dwelling." Third, he wants the order to require Defendant to produce a record or report of t...
2021.03.12 Motion for Determination of Good Faith Settlement 151
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.12
Excerpt: ...tlement is within the "reasonable range" of the settling defendant's proportional share of comparative liability for the plaintiff's injuries. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Courts consider (1) "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability"; (2) "the amount paid in settlement"; (3) "the allocation of settlement proceeds among plaintiffs"; and (4) "a reco...
2021.03.12 Demurrer 505
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.03.12
Excerpt: ...d not evidentiary facts); and C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872 (same). Furthermore, if Plaintiff asserts one or more claims against all Defendants, as he did in the First Cause of Action, he should specify which of the four (4) individual Defendants committed each alleged violation. See Rule of Court 2.112. Plaintiff's failure to comply renders the First Amended Complaint ambiguous and uncertain. See CCP ...
2021.03.11 Demurrer 725
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.03.11
Excerpt: ... being robbed and shot while making a delivery. However, Plaintiff was robbed and shot while making a delivery for Defendant Royal & Mitchell Logistics LLC dba Royal Greens ("RG"), not 3K. Plaintiff fails to allege why 3K is liable for RG's purported failure to verify RG's own customers. The demurrer to the Second Cause of Action for Negligent Infliction of Emotional Distress is SUSTAINED, WITHOUT LEAVE TO AMEND, as duplicative of the First Cause...
2021.03.11 Motion for Reasonable Attorneys' Fees 995
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.03.11
Excerpt: ...ion as to one of the two units in the duplex, and (2) that Defendants cannot maintain residence at both units of the duplex, but instead must choose one or the other. On July 2, 2020, the Court granted Defendants' motion for summary judgment. In its order, the Court determined that (1) Plaintiff had not identified any provision of the lease as to which there was any controversy over the provision's construction or validity, and (2) that Plaintiff...
2021.03.11 Motion for Summary Judgment 045
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.11
Excerpt: ...oncerns a vehicle-pedestrian accident at the corner of 40th and Opal in Oakland. (SSUF 1.) The median strip on 40th Street between Opal and Shafter has vegetation that separates the two directions of traffic on 40th Street. (SSUF 22.) The City maintains the vegetation by authorizing private persons to maintain the vegetation through the "Adopt-A -Spot" program." (PAF 1, 2.) On the date of the accident, the vegetation in the median strip was more ...
2021.03.11 Motion for Summary Judgment 440
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.11
Excerpt: ... date of 10/24/20. On 10/15/20, the court continued the motion for summary judgment to 11/9/20. Plaintiff had not filed an opposition. On 11/9/20, the court continued the motion for summary judgment to 3/11/21. Plaintiff had not filed an opposition. Plaintiff has still not filed any opposition. Plaintiff has not filed any papers in this case since the 8/7/19 proof of service of the complaint. Defendant has regularly filed notices demonstrating pr...
2021.03.11 Motion to Compel Further Responses 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.11
Excerpt: ...cation requesting that the Court continue the hearing at least two months due to the fact that he did not receive the moving papers until January 4, 2021. Counsel for Defendant did not sign the application or his supporting declaration. The Court denied the application on January 19, 2021. When the Court reviewed the motion to compel in advance of the hearing, it determined that it was facially deficient because Plaintiff did not attach a meet-an...
2021.03.11 Motion to Strike 598
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.11
Excerpt: ...ase was filed on July 11, 2014. On December 14, 2016, the case was reassigned to his department after Plaintiff and Cross-Defendants filed a peremptory challenge against Judge Michael Markman. The current trial date is May 3, 2021. On January 22, 2021, Plaintiff served on counsel for Defendants and Cross- Complainants two notices to appear at trial with documents. One of the notices was directed to Defendant Reclamation, LLC. Plaintiff included 5...
2021.03.11 Special Motion to Strike 112
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.11
Excerpt: ...escission; (4) Violation of Civil Code § 1689.7(f) (Home Solicitation Sales Act); (5) Intentional and Negligent Misrepresentation; (6) Fraudulent Concealment; and (7) Elder Abuse. Defendant has filed a special motion to strike against Plaintiff as to each of the seven (7) causes of action asserted against it. Defendant claims that Plaintiff's causes of action are all based on its act of recording a PACE lien against her property located at 1680 ...
2021.03.10 Motion for Summary Judgment 747
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.03.10
Excerpt: ...e its contractual right to purchase all of Plaintiff's shares of stock in CSH. After consulting with Palmer, Plaintiff and CSH entered a Stock Redemption Agreement and a Subordinated Promissory Note, both dated October 14, 2011, which together formed an integrated agreement. Under this integrated agreement, Plaintiff agreed to sell all her shares of CSH stock to CSH in exchange for a promissory note in the amount of $3,061.250.28. The note was du...
2021.03.10 Motion for Approval of PAGA Settlement 255
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.10
Excerpt: ...intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network. 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. Plaintiff's First Amended Complaint alleges PAGA representative claims for defendant's alleged v...
2021.03.10 Demurrer 584
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.10
Excerpt: ...nstitute 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...
2021.03.10 Motion to Strike 553
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.10
Excerpt: ...prayer at the pleading stage. Defendant's contention that Plaintiff must meet a heightened pleading requirement when seeking punitive damages is overstated. The relevant case authority does not support Defendant's position. In Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 162-163, the plaintiff sued her physician because he performed a tubal ligation on her after the delivery of her baby, even though she allegedly made clear that he was to...
2021.03.09 Motion for Early Expert Disclosures 434
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.09
Excerpt: ...pert designation date. The parties could not reach agreement. This motion followed. CCP 2034.230 states: "A demand for an exchange of information concerning expert trial witnesses ... shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, w...
2021.03.09 Demurrer 082
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.09
Excerpt: ...right to inhabit a home in Albany. The XC also alleges that Li has failed to pay rent on time, has failed to pay rent since March 2020, and as a result is currently in arrears for approximately $21,460 in back rent. The XC asserts a right to recover that unpaid rent under a theory of breach of contract or unjust enrichment. The Landlords oppose the demurrer and motion to strike. They also object to any consideration on the grounds that both were ...
2021.03.09 Demurrer 316
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.09
Excerpt: ...ther plaintiff's son would move away from California. The attorney's work as negligent and he failed to achieve the desired result. The attorney's billings were inadequate and did not conform to B&P 6148. Plaintiff asserts claims for (1) breach of written contract, (2) professional negligence; (3) breach of fiduciary duty; and (4) negligence. REQUEST FOR JUDICAL NOTICE The request of defendant for judicial notice is DENIED. When the items sought ...
2021.03.09 Demurrer 482
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.09
Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], 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, March 10, 2021 at 1:30 p.m. or at a s...
2021.03.09 Motion to Reopen Fact Discovery 349
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.09
Excerpt: ... of contract on August 17, 2018. On April 30, 2019, the Court set the case for a jury trial on March 23, 2020. Fact discovery therefore closed thirty days before March 23, 2020. See CCP § 2024.020(a). Defendants thereafter completed its discovery and filed a Motion for Summary Judgment with a hearing date of February 20, 2020. The hearing on the Motion for Summary Judgment was continued, however, because Defendants requested the Court to analyze...
2021.03.09 Motion to Strike 116
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.09
Excerpt: ...sed the property in November 2019, she approached Cross-Defendant and advised her that she would have to vacate the unit because the City determined that it was an unauthorized unit. After some negotiations, Cross-Complainant and Cross-Defendant executed a Mutual Termination of Tenancy and Move Out Agreement ("the Agreement") in December 2019. In exchange for the payment of appropriate compensation, Cross-Defendant agreed to vacate the unit volun...
2021.03.09 Motion to Strike 647
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.09
Excerpt: ...4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as conduct "intended by...
2021.03.09 Motion to Tax Costs 042
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.09
Excerpt: ... necessarily incurred by the defendant." (Nelson v. Anderson (1999) 72 Cal. App. 4th 111, 131.) The party filing a motion to tax has the burden of showing that an item is not properly chargeable or is unreasonable. The Court's first determination is whether the statute expressly allows the particular cost item. The Court's second determination is whether the amount of the cost is unnecessary or unreasonable. In resolving the second issue, the obj...
2021.03.09 Demurrer 647
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.09
Excerpt: ... 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.3d 311, 318.) The court m...
2021.03.08 Special Motion to Strike 556
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.08
Excerpt: ...S TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, March 5, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted on Wednesday, March 10, 2021 at 3:00 p.m. using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in...
2021.03.08 Motion for Judgment on the Pleadings 260
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.08
Excerpt: ..., 2015. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 p.m. on Friday, 2/26/2021, contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. ANY REQUESTED HEARING WILL BE CONDUCTED ON WEDNESDAY, March 3, 2021 at 3:00 p.m. in Dept. 19 and will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requeste...
2021.03.08 Motion for Good Faith Settlement Determination 033
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.08
Excerpt: ...e conducted on WEDNESDAY, MARCH 10, 2021, using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. . LEGAL STANDARDS FOR CCP § 877.6 MOTIONS "Any party to an action in which it is alleged that two or more parties are joi...
2021.03.05 Motion for Preference 620
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.05
Excerpt: ...s 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).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt...
2021.03.05 Demurrer 099
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.05
Excerpt: ...tute 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. Tr...
2021.03.05 Demurrer 600
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.03.05
Excerpt: ... amend to provide additional allegations supporting the assertion that IML is a talent agency under the Kern definition that "a talent agency is not the employer of the artist but rather the artist's agent for purposes of employment procurement with a third party employer." Consistent with Kern, Plaintiff may amend to allege in the alternative that the musicians were employees or independent contractors and have claims appropriate to those contra...
2021.03.05 Motion for Leave to File Amended Complaint 440
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.05
Excerpt: ...any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (...
2021.03.05 Motion for Leave to File FAC 704
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.03.05
Excerpt: ...er a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of...
2021.03.05 Motion for Preference 620
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.05
Excerpt: ...s 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).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt...
2021.03.05 Motion for Summary Judgment 944
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.05
Excerpt: ...) 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, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...
2021.03.05 Motion for Preferential Trial Date 398
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.05
Excerpt: ...llowing 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).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or conditi...
2021.03.05 Motion to Compel Responses 998
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.05
Excerpt: ...nd SROGS no later than Monday, April 5, 2021. The Court further ORDERS Plaintiff to pay monetary sanctions in the amount of $800 to Defendant no later than April 5, 2021. This tentative ruling will automatically become the Court's final order on Friday, March 5, 2021 unless, by no later than 4:00 p.m. on Thursday, March 4, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing couns...
2021.03.05 Motion to Dismiss Complaint 891
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.03.05
Excerpt: ...ville is a suburb of Washington, D.C. Plaintiff and Defendant do not have any serious disputes about the facts underlying Plaintiff's claims. Plaintiff purchased a vintage 1970 Chevrolet Chevelle from Defendant on May 31, 2017. Defendant is a dealer in classic automobiles. Plaintiff alleges in the Complaint that he agreed to pay $90,654.00. The cost of the vehicle included its delivery from Maryland to Plaintiff's residence in Pleasanton, Califor...
2021.03.05 Motion to Not Certify Class or Redefine Class 540
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2021.03.05
Excerpt: ...ass should be decertified because plaintiff cannot represent the proposed class or (2) the class definition should be changed to so that it reflects a proposed class that plaintiff can represent. PROCEDURE The court finds that the motion to not certify the class is procedurally proper. The motion not a demurrer or a motion to strike the class allegations because the motion is supported by evidence. A motion to strike class allegation is a recogni...
2021.03.05 Motion to Stay or Dismiss on Forum Non Conveniens 272
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.03.05
Excerpt: ..., March 4, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, the hearing will be conducted by CourtCall. If not timely contested, and the tentative ruling will become the final order of the Court. LAW RE: FORUM NON CONVENIENS MOTIONS "Forum non conveniens is an equitable doctrine, codified in Code of Civil P...
2021.03.05 Motion to Compel Further Discovery Responses 263
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.05
Excerpt: ... that is the subject of this motion on October 30, 2020. Defendant AEG served its responses to the second set of discovery, including second set Form Interrogatories, Special Interrogatories and Request for Production of Documents on December 11, 2020. Believing the responses were evasive and incomplete, Plaintiffs' counsel sent Defendant's counsel a meet and confer letter on December 18, 2020 requesting amended responses no later than December 2...
2021.03.04 Motion to Stay Proceedings 839
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.04
Excerpt: ...nzino v. Washington Outpatient Surgery Center, LLC (RG20067286) is decided. The Court also has discretion to stay a case in its entirety in the interest of justice. (CCP §§ 128(a), 187; Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [includes] the inherent authority to stay an action when appropriate"]; Bailey v. Fosca Oil Co., (1963) 216 Cal.App.2d 813,...
2021.03.04 Motion to Dismiss Complaint 891
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.03.04
Excerpt: ...ville is a suburb of Washington, D.C. Plaintiff and Defendant do not have any serious disputes about the facts underlying Plaintiff's claims. Plaintiff purchased a vintage 1970 Chevrolet Chevelle from Defendant on May 31, 2017. Defendant is a dealer in classic automobiles. Plaintiff alleges in the Complaint that he agreed to pay $90,654.00. The cost of the vehicle included its delivery from Maryland to Plaintiff's residence in Pleasanton, Califor...
2021.03.04 Demurrer 603
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.04
Excerpt: ...eir initial Complaint against Defendants in the Superior Court of the County of San Francisco on May 2, 2017. On April 12, 2019, the parties stipulated to the transfer of the case to the Alameda County Superior Court. The subject First Amended Complaint was filed on May 19, 2020. The Court has set a jury trial on August 23, 2021. Plaintiffs have filed this action to assert their claims for damages resulting from their failed investment in the 261...
2021.03.04 Demurrer 495
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.04
Excerpt: ...nty argues that this action should be abated in favor of its own validation action, that Plaintiffs' allegations fail to state a cause of action. Dupuis also argues that Plaintiffs' due process causes of action (the only causes of action asserted against Dupuis) fail to state a cause of action, and the County requests to join that demurrer. Plaintiffs also move to strike language from the County's demurrer. For the reasons stated below, the motio...
2021.03.04 Demurrer 099 (2)
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.04
Excerpt: ...ed case should be abated. Validation actions under Code of Civil Procedure section 860 are proceedings against the world to adjudicate the validity of a statute when authorized by another statute. Here, the relevant statute provides that an action alleging that "a [sales] tax ordinance . . . is contested, questioned, or denied on the basis that the tax ordinance is unconstitutional or otherwise invalid and filed for the sole purpose of contesting...
2021.03.03 Motion for Summary Adjudication 815
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.03.03
Excerpt: ...tract, breach of contract in fact, breach of the warranty of habitability implied, breach of habitability in tort, Breach of covenant of good faith and fair dealing , breach of covenant of quiet enjoyment, breach of civil code sections 1941, 1941.1, 1942.4 and 1942.5, breach of business and professions code section 17200, et seq., as well as claims for punitive damages, attorney's fees, and other damages, the court orders as follows: The motion i...
2021.03.03 Demurrer 389
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.03
Excerpt: ...note for the balance. Plaintiff's action is not based on Defendant's failure to pay the acquisition price. Instead, Plaintiff claims that Defendant has taken positions in connection with the calculation and payment of the Closing Working Capital that it knows have no merit simply to delay payment of the $1,800,000 owed after the Post-Closing Adjustment was made. The Court notes at the outset that it is required to accept Plaintiff's well-pled all...
2021.03.03 Motion to Vacate Judgment 639
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.03.03
Excerpt: ...plication for entry of judgment pursuant to the terms of the Stipulation, which the Court granted on December 17, 2020. Defendant seeks to vacate the December 17, 2020 judgment on the grounds that the Stipulation is unconscionable. In order to invalidate an agreement on the grounds of unconscionability, Defendant must show that the agreement is both procedurally and substantively unconscionable. (See Armendariz v. Foundation Health Psychare Servi...
2021.03.03 Motion to Compel Binding Arbitration 919
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.03
Excerpt: ...ncidents of hostile, boorish and sexist behavior while employed by Defendant, and that the supervisors and members of the human resources department failed to take the problems seriously. Plaintiff alleges that when her co-workers and supervisors learned that she was reporting their behavior, she was subjected to increased harassment from them. Plaintiff filed her Complaint on July 2, 2020. Plaintiff served Defendant with the summons by notice an...
2021.03.03 Motion to Compel Production of Docs 721
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.03.03
Excerpt: ...ice of process a the address to listed on Stacklogy's most recent Statement of Information on file with the California Secretary of State to produce the following three categories of documents in Stacklogy's possession, custody or control after a diligent search and reasonable inquiry: 1. All Resume(s) of Anusha Mandadi (aka "Anu Mandadi") including all versions provided by Mandadi, and all versions sent to any end client or vendor, including ESI...
2021.03.02 Motion to Quash Subpoenas 709
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2021.03.02
Excerpt: ... LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the righ...
2021.03.02 Motion to Amend Judgment 356
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.02
Excerpt: ...aana Technologies, LLC, for $746,555.10. The court found that the stipulation of settlement did not permit entry of judgment against Yanna's CEO, Puri. On 8/12/19, Plaintiff MacFarlane filed a request for dismissal without prejudice as to Puri. The Motion of MacFarlane to amend judgment is GRANTED as to Puri. The Motion of MacFarlane to amend judgment is DENIED as to Yaana, Inc., and Yaana Solutions, LLC. (R-2224769) "The authority of a court to ...
2021.03.02 Motion for Preliminary Approval of Class Action Settlement 965
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2021.03.02
Excerpt: ...r waive their right to appear at the final approval hearing. The Court will not order that absent class members, most of whom may be unrepresented by counsel, waive their rights to appear by failing to properly file and serve a detailed written statement. The settlement agreement and proposed notice to class members should reflect that a failure to submit a written objection does not waive a class member's right to orally object at the final appr...
2021.03.02 Motion for Preliminary Approval of Class Action Settlement 303
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2021.03.02
Excerpt: ...January 15, 2021 but has not answered the Complaint or otherwise appeared in this litigation. The Court will not approve a settlement when its personal jurisdiction over a settling defendant is not clearly established. Jurisdiction is fundamental to the Court's ability to make factual findings that a proposed class settlement is fair, reasonable, or adequate. The Court will therefore await Jointek's joinder to the case before making those finding...
2021.03.02 Motion for Approval of Settlement 111
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2021.03.02
Excerpt: ...ms will be dismissed without prejudice. The Court's task is to evaluate the proposed settlement under PAGA. PAGA actions are similar to qui tam proceedings in that plaintiffs seek civil penalties that would otherwise be recoverable by the 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 agg...
2021.03.02 Demurrer 360
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.02
Excerpt: ...n for Negligent Hiring, Retention and Supervision WITHOUT LEAVE TO AMEND. Plaintiff may file and serve a Second Amended Complaint no later than Friday, March 19, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, March 2, 2021 unless, by no later than 4:00 p.m. on Monday, March 1, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel o...
2021.03.02 Demurrer 316
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.03.02
Excerpt: ...esired result. The attorney's billings were inadequate and did not conform to B&P 6148. Plaintiff asserts claims for (1) breach of written contract, (2) professional negligence; (3) breach of fiduciary duty; and (4) negligence. REQUEST FOR JUDICAL NOTICE The request of defendant for judicial notice is DENIED. When the items sought to be judicially noticed raise potential factual conflicts, it is inappropriate to take judicial notice on a demurrer...

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