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3893 Results

Location: Alameda x
2019.6.26 Motion for Final Approval of Class Action Settlement 296
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.26
Excerpt: ...ant final approval of the terms of the Settlement Agreement and the incentive awards, but requires further information before it can approve the attorney's fees requested. The Court has a "fiduciary responsibility as guardian[] of the rights of the absentee class members when deciding whether to approve a settlement agreement." (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 646.) The Court notes that Plaintiff's counsel seeks...
2019.6.26 Motion for Change of Venue 617
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.6.26
Excerpt: ...l steroid injection. As a result of that injection, Plaintiff allegedly suffers chronic pain and loss of vision in her right eye. MacLean was named as a defendant in this case but dismissed without prejudice on November 1, 2018. The remaining defendants (KFHI, KFHP, and PMG) now move to transfer venue to Santa Cruz County, where Watsonville sits, on grounds that it would be more convenient for the witnesses and would serve the interests of justic...
2019.6.26 Demurrer 530
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2019.6.26
Excerpt: ...9, but that they were rejected for lack of reservation number, which Defendants unsuccessfully requested on May 17, 2019. The brief delay in filing as a result of this difficulty does not appear to have affected Plaintiff's ability to prepare opposition on the merits. The same is true as to the objection based on email service. Though Plaintiff asserts the parties did not have an agreement to accept such service, and that the papers were not serv...
2019.6.26 Demurrer 151
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.6.26
Excerpt: ...hicles' warranties had expired. It further alleges that Alani owns a 2012 model-year Sorento, which he purchased new in February 2012 and took it in for engine repairs in March 2015, August 2017, April 2018, June 2018, and August 2018. The Complaint also alleges that, in October 2018, KMA sent a letter to the owners of all 2012 Kia Sorentos (among model years and other models with the same engine). The letters informed the owners of a "Product Im...
2019.6.25 Demurrer 079
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...s. The discussion was instead focused on the merits of each side's legal position. Plaintiff correctly asserts that Defendant is required to allege sufficient facts to support each of the identified affirmative defenses. See FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. The Court cannot overlook Defendant's failure to comply strictly with her pleading obligation just because virtually no parties actually make factual allegati...
2019.6.25 Demurrer 709
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2019.6.25
Excerpt: ...omplaint, i.e., whether it states facts 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 ...
2019.6.25 Demurrer, Special Motion to Strike 825
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.25
Excerpt: ...ssault, battery, intentional infliction of emotional distress, and negligence are all SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc. § 430.10(e).) Plaintiff's FAC seeks to hold Defendants liable for obtaining temporary restraining orders (TROs) against nonparty Julie Ann McCullough and Plaintiff. The gravamen of Plaintiff's FAC is that in the course of providing legal services, Defendants negligently failed to discover the true facts of Juli...
2019.6.25 Motion for Class Certification 346
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.25
Excerpt: ...ction against defendants Cold Storage Manufacturing ("CSM") and Cold Storage Design & Build, Inc. ("CSDB") (collectively, "Defendants"). Plaintiff seek certification of a class defined as follows: "All nonexempt construction employees, including panel installers, refrigeration installers, electricians, plumbers, welders, and shop employees, excluding Crew Leaders, employed by Defendants at any time from July 8, 2011 to the present." GENERAL STAND...
2019.6.25 Motion for Court Approval and Entry of Consent Judgments 940
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.25
Excerpt: ...o based snack foods" without a clear and reasonable warning as required by Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. (Compl. ¶ 1 at 1.) Plaintiff now seeks judicial approval of a proposed settlement and consent judgment with Defendant. The Court has a duty in reviewing "Proposition 65 settlement[s] brought by a private plaintiff . . . to safeguard the rights of the public." (Consumer Advocacy Group, Inc. v. Kinte...
2019.6.25 Motion for Damages 079
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...rko") rather than Cross-Defendant Steve Wilt ("Wilt"), although this is not clear. The last sentence of the introduction states: "Solomon now seeks reimbursement of these fees as a direct damage [sic] of Wilt and Berko's actions." The last sentence of the argument section states: "As a result, Solomon request [sic] this court employ the exception created by the tort of another doctrine and require Berko to reimburse Solomon for the fees incurred ...
2019.6.25 Motion for Sanctions for Discovery and Litigation Misconduct 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...f Civil Procedure sections 128.5 et seq., 2023.030 et seq., the Discovery Act and the inherent authority of the court. The motion focuses on a letter and two declarations attributed to Fei Liu, Phebe's husband Tony's business partner, which Defendants assert contained text that was either mis-translated from the original Chinese or fabricated, as well as an incorrectly explained redaction in the letter. The letter was filed on July 24, 2018, in c...
2019.6.25 Motion for Summary Judgment, Adjudication 697
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...auses of action in the complaint filed on August 6, 2018. Ally introduced evidence sufficient to meet its initial burden under C.C.P. § 437c(p)(1) of supporting all elements of its causes of action for breach of contract, claim and delivery, injunctive relief and indebtedness for money. (See Separate Statement of Undisputed Material Facts ["UMF"], Nos. 1-8, Issue One (first and fourth causes of action), Nos. 1-8, Issue Two (second and third caus...
2019.6.25 Motion to Deem Trial Date as Preference 553
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2019.6.25
Excerpt: ...indings: (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 also 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 rais...
2019.6.25 Motion to Quash Subpoena, Request for Sanctions 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...oena directed to East West Bank dated August 1, 2018 (the "Subpoena"): (1) time-frame; (2) bank account number; and (3) protective order. As to time-frame, the Subpoena seeks "[a]ll banking records of Edward Chang dba Cafe Tapioca for its Pleasanton store from 7/1/2013 through January 31, 2016...." In an email from counsel for Plaintiffs Yushan Huang aka Stacy Huang and Joshua Hsia ("Plaintiffs") dated August 16, 2018, however, Plaintiffs agreed ...
2019.6.25 Motion to Set Aside Default 442
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2019.6.25
Excerpt: ...e section 473(b). (See CCP sec. 473(b) ["The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect [and such application] shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken."...
2019.6.25 Motion to Stay Fact Discovery 866
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.25
Excerpt: ...o. RG17872872: Bay Valley Foods, LLC, CVS Pharmacy, Inc., and Costco Wholesale Corporation Case No. RG17881931: Kellogg USA, Inc., Kellogg Sales Company, and Safeway, Inc. Case No. RG17886808: Sunsweet Growers, Inc., and Safeway, Inc. Defendants seek to stay fact discovery by plaintiff Center for Environmental Health ("Plaintiff") in their respective actions until the Court enters liability-phase rulings in Case Nos. RG16838609, RG17851469, RG178...
2019.6.25 Motion to Stay Fact Discovery 872
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.25
Excerpt: ...o. RG17872872: Bay Valley Foods, LLC, CVS Pharmacy, Inc., and Costco Wholesale Corporation Case No. RG17881931: Kellogg USA, Inc., Kellogg Sales Company, and Safeway, Inc. Case No. RG17886808: Sunsweet Growers, Inc., and Safeway, Inc. Defendants seek to stay fact discovery by plaintiff Center for Environmental Health ("Plaintiff") in their respective actions until the Court enters liability-phase rulings in Case Nos. RG16838609, RG17851469, RG178...
2019.6.25 OSC Re Preliminary Injunction 007
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...ment of Motor Vehicles ("DMV"). This action was initiated by the filing of a complaint or petition by Plaintiff Sheila Gandy ("Plaintiff") on May 30, 2019, alleging that her nephew Anthony Durulle (or Durelle) Waters "unlawfully transferred or started the transfer of my Ford 150 2005," and that "DMV has a title transfer pending as of May 16, 2019." The complaint, along with the "ex parte" application filed on May 30, 2019, seeks a restraining ord...
2019.6.25 Petition to Compel Arbitration 706
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.6.25
Excerpt: ...d that Reeder is a party to an agreement with nonparty Reign Real Estate Services, Inc. ("RRES"). Cross-Defendants did not show that they are nonsignatories with standing to enforce RRES's arbitration agreement with Cross-Plaintiff. (Fuentes v. TMCSF, Inc. (2018) 26 Cal.App.5th 541, 547.) Cross-Defendants' Motion for Judgment on the Pleadings is GRANTED WITH LEAVE TO AMEND as to all causes of action. (Code Civ. Proc., § 438(c)(1)(B)(ii).) Cross-...
2019.6.24 Demurrer 372
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2019.6.24
Excerpt: ...to arrears on his loan. Bea applied for a loan modification from SPS and Chase in late 2018, and SPS and Chase allegedly decided to offer him a "trial period plan" for a loan modification. But SPS and Chase allegedly did not communicate this approval to Bea by telephone (as he had requested) or by mail. If he had received the offered trial payment plan, he allegedly would have availed himself of the opportunity. After Bea failed to make his payme...
2019.6.21 Special Motion to Strike 699
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2019.6.21
Excerpt: ...e challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based ...
2019.6.21 Petition for Writ of Mandate 328
Location: Alameda
Judge: Roesch, Frank
Hearing Date: 2019.6.21
Excerpt: ...ers. The Officers' counsel requested all reports and complaints from the IA investigation before the second interrogation under Government Code section 3303, subdivision (g), as interpreted in Santa Ana Police Officers Assn. v. City of Santa Ana [hereafter "Santa Ana POA"] (2017) 13 Cal.App.5th 317, 328. CPRA refused to produce the materials and insisted that the officers sit for interrogation. Based in part on those interrogations, the CPRA foun...
2019.6.21 Motion to Strike Complaint 911
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.21
Excerpt: ...e or other damages imposed primarily for the sake of example and by way of punishing the defendant." (Gov. Code § 818.) Accordingly, IT IS ORDERED that item 3 of the Prayer for Relief is STRICKEN. The motion to strike the request for injunctive relief, as sought in item 7 of the Prayer for Relief, is DENIED. Although there is no opposition by Plaintiff Bobby Pierce II ("Plaintiff"), a motion to strike is subject to the court's discretion, regard...
2019.6.21 Motion to Strike 966
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2019.6.21
Excerpt: ...es of action 1-6 assert class claims alleging that (1) AC Transit has a policy in violation of the FEHA of providing accommodations to workers who were injured on the job but not to workers who are similarly impaired but due to pregnancy and (2) AC Transit has a policy in violation of the FEHA the Pregnancy Disability Leave Law, and the UCL of not accommodating lactating motions. Nikki McNaulty asserts the 7th cause of action as an individual cla...
2019.6.21 Motion to Strike 699
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2019.6.21
Excerpt: ...ms against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based on allegations of...

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