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3893 Results

Location: Alameda x
2019.10.11 Demurrer 099
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.10.11
Excerpt: ...nuary 1, 2019. Plaintiff alleges Defendant failed to do so. Plaintiff further alleges he was damaged by Defendant's failure to remove the wood and mulch by January 1, 2019 because Plaintiff has been sued by the property owner for failure to remove all items from the leased property (including the wood and mulch) upon termination of the lease, resulting in Plaintiff having to incur the costs of defending that action. (See Second Amended Complaint,...
2019.10.10 Motion for Summary Judgment 016
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2019.10.10
Excerpt: ...ve 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).) "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 a...
2019.10.10 Motion to Quash or Modify Subpoena of Medical Records 801
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2019.10.10
Excerpt: ...Defendant")-after a first look by Plaintiff-with any withheld or redacted documents identified in a production log provided to Defendant detailing the reasons for any redactions or for withholding any document. Plaintiff seeks to quash or modify the July 1, 2019 amended deposition subpoena for production of business records issued by Defendant to her primary care doctor, Ron Huang, M.D. (Declaration of Maureen E. McFadden ["McFadden Dec."] Ex. A....
2019.10.10 Demurrer 359
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2019.10.10
Excerpt: ...actual 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, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a ge...
2019.10.10 Motion for Judgment on the Pleadings 152
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2019.10.10
Excerpt: ... is a quasi-contract claim entitled, "Goods and Services Rendered." Plaintiff Landman, doing business as The Intergan Technology Group, makes clear that his claims in the 2017 Complaint are based on essentially the same facts alleged in his earlier lawsuit against AkkuSer Oy and Jarmo Pudas (Case No. RG12645044). Plaintiff alleges that AkkuSer Oy received substantial financial benefit from work that he performed on its behalf from December 2008 t...
2019.10.10 Demurrer 207
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2019.10.10
Excerpt: ...st Defendant for Intentional Misrepresentation is based on her claim that the premises were not fit for human occupancy. The Court advised Plaintiff in its order of May 14, 2019 that the Eighth Cause of Action was not sufficiency pled because she did not identify any statements uttered by Defendant Ratti at any time. Plaintiff was given an opportunity to supplement her allegations. The Court agrees with Defendant's contention that Plaintiff faile...
2019.10.10 Motion for Summary Judgment 199
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2019.10.10
Excerpt: ...gment on the ground that the area where Plaintiff tripped constituted a trivial defect as a matter of law. The Court determines that Defendants have not carried their initial burden under Code of Civil Procedure section 437c(p)(2) of demonstrating that the defect that allegedly caused Plaintiff?s accident was trivial as a matter of law. It is well established that a walkway height differential of .75 inches or less, in the absence of any circumst...
2019.10.10 Motion to Compel Answers 556
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2019.10.10
Excerpt: ...iff's request is DENIED AS MOOT. The parties appear to be in agreement that further responses to these interrogatories were served shortly prior to or on the same day as Dr. Ereso's opposition to this motion. (See Pltf.'s Reply, p. 1; Def.'s Sep. St.) If Plaintiff remains unsatisfied with Defendant's responses and further responses to these interrogatories, Defendant must first make attempts to reinitiate the meet and confer and Informal Discover...
2019.10.10 Motion to Enter Judgment 853
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2019.10.10
Excerpt: ...fs' entire case with prejudice. On April 24, 2019, Defendant filed its Memorandum of Costs, seeking $9,808.64 in recoverable costs. Defendant now moves the Court for entry of judgment and an order awarding costs of suit as part of that judgment, in the amount of $9,808.64. The right to recover costs of suit is determined by statute. (See CCP §§ 1032 et. seq.) The prevailing party in an action is entitled to recover costs of suit as a matter of ...
2019.10.10 Motion to Modify Order Granting Petition for Writ of Mandate193
Location: Alameda
Judge: Roesch, Frank
Hearing Date: 2019.10.10
Excerpt: ...he law that is not necessary to the outcome of this case. ACERA asks the Court to modify its order to reflect that Dr. Wagner considered the complete 2010 disability retirement application. The Court's Order quotes Dr. Wagner's statements regarding the materials he did and did not consider. (See Order at p.7 lns.12-19, quoting AR394, 398, 401-402, 349-358.) The Court finds that no modification to its Order is necessary. ACERA also offers new evid...
2019.10.1 Motion to Compel Discovery 412
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.10.1
Excerpt: .... (Cpt, prayer for relief). On 2/26/19 Cullup filed the first amended cross-complaint against SF asserting that SF, as successor in interest to CashCall, violated the CLRA (Civil Code 17890 et seq) , that SF on its own behalf violated the Rosenthal Debt Collection Act (Civil Code 1788 et seq,) and that SF , as successor in interest to CashCall and on its own behalf violated the UCL (Bus & Prof 17200 et seq,).) (See also De La Torre v. CashCall, I...
2019.10.1 Motion To Allow Claims to be Continued 219
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2019.10.1
Excerpt: ... or, if none, by the decedent's successor in interest." (C.C.P. § 377.31.) Max Carlson, decedent's guardian ad litem and son has filed a declaration attesting that Plaintiff Christa Carlson ("decedent"), who brought this action, died on June 13, 2019, and that Max Carlson is the successor in interest. The declaration complies with C.C.P. § 377.32 and includes a certified copy of the decedent's death certificate, which the court has examined. Ac...
2019.10.1 Motion for Summary Judgment, Adjudication 314
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2019.10.1
Excerpt: ...ore was a driver. Reed was a general laundry worker. On 3/25/19 Plaintiff Gallagher dismissed his claims. The First Amended Complaint filed 9/26/17 asserts the following claims: (1) failure to pay for all time worked; (2) Failure to provide rest periods; (3) failure to provide complete and accurate wage statements; (4) failure to pay wages due at termination of employment; (5) failure to reimburse business expenses; and (6) violation of UCL. This...
2019.10.1 Motion for Leave to Intervene for Reimbursement of Workers' Compensation Benefits 698
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2019.10.1
Excerpt: ...on 387, "[a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied...
2019.10.1 Motion for Attorney Fees 770
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2019.10.1
Excerpt: ...'s Fremont facility wherein respondent "hit Tesla's security employee ... with his car" and then "fled the scene" in a "reckless manner" as he left the parking lot and (2) an incident on April 6, 2019 on public roads wherein respondent "stalked harassed and endangered" a Tesla Model 3 automobile engaged in autonomous driving testing. On April 19, 2019, Tesla filed the action. On April 19, 2019, the court entered a temporary restraining order and ...
2019.10.1 Demurrer 803
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2019.10.1
Excerpt: ...f 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, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "...
2019.10.1 Demurrer 560
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2019.10.1
Excerpt: ... 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 may consider all material facts ple...
2019.10.1 Demurrer 386
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2019.10.1
Excerpt: ...PART. IT IS ORDERED THAT no later than October 22, 2019, Plaintiff shall file and serve an amended complaint. STANDARD OF LAW "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...

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