Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

3893 Results

Location: Alameda x
2021.08.11 Demurrer 500
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.11
Excerpt: ...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 these causes of action against Defendant Nelson: (1) First Cause of Action for Financial Elder Abuse; and (2) Fifth Cause of A...
2021.08.10 Motion to Expunge Lis Pendens 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.10
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 [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, August 11, 2021 at 1:30 p.m. or at a subsequent da...
2021.08.10 Motion for Interim Award Attorney Fees 208
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.08.10
Excerpt: ...nction preventing a nonjudicial foreclosure sale by Defendant Cenlar Capital Corporation. (See Order of March 16, 2020.) That injunction and the passage of time have together mooted some of her original claims under HBOR. The HBOR provides that, before a foreclosure sale has been finalized, a borrower may bring suit to enjoin a lender's material violation of certain specified protections. (Civ. Code, § 2924.12, subd. (a)(1) [providing for pre-fo...
2021.08.10 Motion for Attorney Fees 892
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.10
Excerpt: ...that Plaintiff's motion for attorney's fees was timely filed on April 2, 2021. See Rules of Court 3.1702(b)(1) and 8.104(a)(1)(C). In this case, the Alameda County Superior Court clerk did not serve Plaintiff's attorneys with notice that the Court entered the judgment on October 5, 2020. Attorney Tara Cooper does not appear on the clerk's mailing list. Attorney Eduardo Martorell does appear on the mailing list, but the address used by the clerk w...
2021.08.10 Demurrer 434
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.10
Excerpt: ...00 p.m. on Monday, August 9, 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, August 11, 2021 at 1:30 p.m. or at a subsequent date and time set b...
2021.08.09 Motion to Compel Further Responses 715
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.08.09
Excerpt: ... records related to the Defendant's status as sole proprietors of the New Breach Company from 2014 to the present. In responding to the Request No. 6, Defendants indicated that they would produce the documents. Plaintiffs argue that the production is incomplete because Defendants have not produced their tax returns including Schedule C. Tax returns are generally considered privileged from disclosure. (Webb v. Standard Oil Co. (1957) 49 Cal.2d 509...
2021.08.09 Motion to Compel Arbitration, Stay Action and Strike Class Allegations 553
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.08.09
Excerpt: ... will be enforceable unless the degree of substantive unconscionability is high." (Serpa v. California Surety Investigations, Inc. (2013) 215 Cal.App.4th 695, 704.) Although the at-issue arbitration agreements contain terms that have some degree of substantive unconscionability, the degree of substantive unconscionability is not high enough to overcome the "strong public policy in favor of arbitration." Further, purportedly objectionable terms ca...
2021.08.09 Motion to Compel Arbitration 892
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.08.09
Excerpt: ...ubject to the arbitration agreement. Further, Plaintiff has not met her "heavy burden" of proof to show that Alere has waived its right to compel arbitration by its prior actions in this lawsuit. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Friday, August 6, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any reque...
2021.08.09 Motion for Leave to File Complaint 566
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.08.09
Excerpt: ...e of the hearing. If not timely contested, and the tentative ruling will become the final order of the Court. The Court provides the following analysis to direct discussions at the hearing. The Court is inclined to deny the motion. The issue regarding which Quikserve seeks a judicial declaration - that the 10-Day Notice to Pay Rent or Quit (the "Notice") served on Quikserve on 6/18/2021 by plaintiff Hart Pacific Commons Block 5 Owner, LLC ("Landl...
2021.08.06 Demurrer 177
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2021.08.06
Excerpt: ... of $448,000.00 from Bank of America on January 17, 2007. On September 19, 2012, Bank of America assigned its interest in the Deed of Trust to E*Trade Bank. On December 8, 2014, E*Trade Bank assigned its interest in the Deed of Trust to Bayview Loan Servicing, LLC. Bayview Loan Servicing, LLC later changed its corporate name to Community Loan Servicing, LLC. Plaintiff alleges that he defaulted on his mortgage payments prior to September 30, 2016....
2021.08.06 Demurrer, Motion to Strike 272
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.06
Excerpt: ...e Third Cause of Action of the FAC pleads four distinct fraud-based causes of action: intentional misrepresentation; fraudulent concealment; conspiracy to commit intentional misrepresentation; and conspiracy to commit fraudulent concealment. Defendant Avon demurs to this cause of action arguing that the FAC conclusory allegations are insufficient to state a cause of action for fraud. "A demurrer tests the legal sufficiency of the factual allegati...
2021.08.06 Motion for Trial Preference 120
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.06
Excerpt: ...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).) "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 s...
2021.08.06 Motion for Trial Preference 667
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.06
Excerpt: ...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).) "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 par...
2021.08.06 Motion to Compel Further Responses 715
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2021.08.06
Excerpt: ... records related to the Defendant's status as sole proprietors of the New Breach Company from 2014 to the present. In responding to the Request No. 6, Defendants indicated that they would produce the documents. Plaintiffs argue that the production is incomplete because Defendants have not produced their tax returns including Schedule C. Tax returns are generally considered privileged from disclosure. (Webb v. Standard Oil Co. (1957) 49 Cal.2d 509...
2021.08.05 Motion to Strike 995
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.08.05
Excerpt: ...et had advance knowledge of Hwang's alleged unfitness and employed her with a conscious disregard of the rights of others, or authorized or ratified her alleged wrongful conduct. Plaintiffs' boilerplate, conclusory allegations in First Amended Complaint paragraph 5 are insufficient. The motion is GRANTED as to Items Nos. 2-3 in Defendants' Notice of Motion (the prayers for rescission and attorneys' fees), as unopposed by Plaintiffs. (See oppositi...
2021.08.05 Motion to Reopen Expert Discovery 096
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.08.05
Excerpt: ...er a new trial date has been set." (Code Civ. Proc., § 2024.050, subd. (a).) When ruling on such a motion, the Court considers any relevant facts, including but not limited to (1) the necessity of, and the reasons for, the requested discovery, (2) the diligence of the party seeking the extension and the reasons why discovery was not completed earlier, (3) the likelihood that hearing the motion will result in delay of trial, (4) the length of tim...
2021.08.05 Motion to Compel Arbitration 196
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.05
Excerpt: ...fosys in March 2017 as an Associate Engagement Manager at an initial salary of $140,000 per year. Plaintiff was also entitled to receive an annual bonus equal to thirty percent (30%) of her salary. Although Plaintiff's offer letter instructed her to report to the Infosys office in Newark, in Alameda County, she alleges in the Complaint that she worked in the Infosys office on the Apple campus in Palo Alto. Plaintiff alleges in the Complaint that ...
2021.08.05 Motion for Judgment on the Pleadings 373
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.08.05
Excerpt: ...otion for judgment on the pleadings, as well as the supplemental briefs filed on July 29 and July 30. Plaintiff's Second Amended Complaint alleges, against the District and Does 2-20, a Fifth Cause of Action for Sexual Battery, Sixth Cause of Action for Sexual Harassment, Seventh Cause of Action for Gender Violence, Eighth Cause of Action for Violation of the Tom Bane Civil Rights Act, and Ninth Cause of Action for Violation of the Ralph Civil Ri...
2021.08.05 Demurrer 995
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.08.05
Excerpt: ...ose the leaks, their intent that Plaintiffs rely on their failure to disclose the leaks, and the materiality of the nondisclosure causing Plaintiffs to suffer damages. If Defendants contend the subject property did not in fact suffer from water leaks, or that they were unaware of that fact, or that Plaintiffs knew of or could reasonably have discovered the water leaks, they can present evidence in support of those contentions at a later stage of ...
2021.08.05 Demurrer 269
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2021.08.05
Excerpt: ...s sale has been completed, Civil Code § 2923.5 provides relief. (See Stebley v. Litton Loan Servicing LLP (2011) 202 Cal.App.4th 522, 526.) The demurrer to the Second Cause of Action for Violation of Civil Code § 2924(a)(1) is SUSTAINED, WITHOUT LEAVE TO AMEND. Exhibits H and I to the Complaint demonstrate that the Notice of Default was recorded by Entra Default Solutions LLC, the trustee of the subject deed of trust. The demurrer to the Third ...
2021.08.05 Demurrer 245
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2021.08.05
Excerpt: ....] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A special demurrer for uncertainty is strictly construed because ambiguities of pleading can be resolved through modern discovery procedures. (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for unc...
2021.08.04 Special Motion to Strike 697
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.04
Excerpt: ... a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether the opposing party has demonstrated a probability of prevailing on the claim. The opposing party demonstrates this by showing the challenged pleading is legally sufficient and supported by a sufficient prima facie show...
2021.08.04 Motion to Strike 133
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.04
Excerpt: ...19, 2021. Having now reviewed the substance of the First Amended Complaint attached to the Declaration of Defendant's attorney, Ryan M. Duffy, the Court finds that there are significant deficiencies that must be addressed before the motion to strike can be heard. First, the First Amended Complaint, which is erroneously captioned as the "Complaint," is deficient on its face. Plaintiff's First Cause of Action, which is one of the claims subject to ...
2021.08.04 Motion to Quash Subpoena 087
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.04
Excerpt: ...ged injuries Romero has put at issue in this case) from January 7, 2017 to the present. The subpoenas to Highland Hospital, Sutter Eden Medical Center Tiburcio Health Center, and Pathways to Wellness attached as Exhibits C-D and F-G to Pitts' declaration (seeking medical records as to Plaintiff Maria Jimenez) are modified as follows. The deponents shall produce all records pertaining to injuries to Plaintiff's face, including her nose and eyes, a...
2021.08.04 Motion to Quash Deposition Subpoena 774
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2021.08.04
Excerpt: ...dent in which plaintiff David Jackson ("Plaintiff") alleges a electrically-operated shade fell off a wall-mounting and injured him. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, August 3, 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...

3893 Results

Per page

Pages