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2084 Results

Location: Alameda x
2020.07.23 Motion for Trial Preference 582
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.23
Excerpt: ... 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 of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) Further, "the court may in its discretion grant a motion for preference that is supported by a...
2020.07.23 Motion for Summary Judgment, Adjudication 240
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.23
Excerpt: ...id- to late-1970's, was exposed at construction sites on which he worked to respirable asbestos fibers from asbestos- containing stucco and fireproofing manufactured and/or furnished by Defendant to plastering and other contractors, including, inter alia, Joel McCray and Thomas F. Scollan. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended ...
2020.07.23 Motion for Relief from Default 182
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.23
Excerpt: ...x Costs with respect to Defendant's Memorandum of Costs filed 6/9/2020, but not served on Plaintiffs until 6/22/2020. LEGAL STANDARDS FOR MOTIONS FOR RELIEF FROM DEFAULT Under Code of Civil Procedure section 473(b), "[t]he 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...
2020.07.23 Demurrer 429
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2020.07.23
Excerpt: ...s she purchased audio equipment from Sonos "starting in 2015." (Complaint, para. 8.) Plaintiff alleges the equipment had a variety of defects and that "[o]ver the last four years Plaintiff has needed to call tech support likely in excess of 50 times." TIMELINESS OF DEMURRER The Complaint in this matter was served on Defendant on February 21, 2020. The deadline for Defendant to file a responsive pleading fell after the Court was closed as a result...
2020.07.23 Motion for Summary Judgment, Adjudication 847
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.23
Excerpt: ...fn. 2.) Therefore, Defendant's motion for summary adjudication of the punitive damage claims is GRANTED. Defendant's motion for summary judgment is DENIED for the reasons set forth below. Plaintiffs contend that plaintiff Robert G. Fenstermacher was exposed to respirable asbestos fibers from Defendant's asbestos-containing steam traps while serving in the U.S. Navy aboard the U.S.S. Bon Homme Richard from 1965 to 1967. LEGAL STANDARDS FOR MOTIONS...
2020.07.22 Demurrer, Motion to Strike 296
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.22
Excerpt: ... no prejudice to the other parties in a case. DEMURRER The Demurrer of Warrantech to the first amended complaint is OVERRULED. The first amended complaint filed 1/8/20 alleges that Plaintiff purchased a DJI Phantom 4 drone from a third party seller Beach Camera through the Amazon website and at the same time purchased a warranty for the drone from Warrantech through the Amazon website. Plaintiff asserts claims against Warrantech for (1) violation...
2020.07.22 Demurrer 870
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.22
Excerpt: ...California, and that Saks does not provide the warnings required by law. Saks filed a demurrer arguing that it is a "retail seller" and that the complaint does not allege facts that support a claim against a "retail seller" or clearly allege a permissible claim against a "retail seller." The demurrer presents legal issues of statutory construction and pleading standards that must be resolved and then applied to the complaint. GENERAL PLEADING STA...
2020.07.22 Demurrer 949
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.22
Excerpt: ... conducted on Tuesday, July 28, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, July 21, 2020, the contesting party must email dept.19@alameda.courts.ca.gov and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court w...
2020.07.22 Demurrer 526
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.22
Excerpt: ...the application of res judicata and injunctive relief claim. IT IS ORDERED THAT Plaintiff file and serve an amended complaint that complies with applicable court rules and rules of civil procedure no later than twenty-one (21) days from the date of this Order. As a threshold matter, Plaintiff's counsel improperly served a single opposition to all three motions set to be heard on July 22, 2020. Plaintiff's counsel is admonished to file separate op...
2020.07.22 Motion for Preliminary Approval of Class Action Settlement 924
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.22
Excerpt: ...ration with the required information. The court's pre-tentative decision is: The motion of plaintiffs for preliminary approval of class action settlement is [GRANTED]. The complaint alleges claims on behalf of hourly employees and asserts claims for Labor Code violations. There are approximately 3,215 members of the class. The case preliminarily settled for a total of $2,700,000. The settlement agreement states there will be attorneys' fees and c...
2020.07.22 Motion for Terminating Sanctions 702
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.22
Excerpt: ...ED IN PART. The Motion of plaintiffs for discovery sanctions against BLG is GRANTED IN PART. BACKGROUND On 8/6/10, plaintiffs filed the complaint against Brachfeld and BLG (collectively, "BLG") as well as Midland Funding, LLC, Midland Credit Management, LLC and Midland Funding NCC-2 Corp. (collectively, "Midland "). Midland purchases defaulted debt and makes effort to collet that debt. BLG is a law firm, but it allegedly sent dunning letters and ...
2020.07.22 Motion to Strike 526
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.22
Excerpt: ...ff's counsel is admonished to file separate oppositions for each motion in all future filings. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an orde...
2020.07.22 Motion to Transfer Venue 643
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.22
Excerpt: ... opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of the action shows that it is brought is, prima facie, the proper county[.]" (Quick v. Cors...
2020.07.21 Special Motion to Strike 416
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.07.21
Excerpt: ...ant. The Court merely notes in the text of this ruling that Martensen owns property adjacent to property owned by Cross- Complainant Yu in the Oakland hills. Cross-Complainant Singh is Yu's business partner and the construction project manager at 80 Roble Road. The Yu property is located downhill from the Martensen property. Martensen commenced his action on December 3, 2019 to indicate his rights under a view easement granted by the former owner...
2020.07.21 Motion to Strike 121
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.07.21
Excerpt: ...ons under numerous Labor Code provisions in its relationship with non-exempt employees. Plaintiff defines the term "aggrieved employees" as current or former hourly-paid or non-exempt employees who worked for Mattson during the period from November 12, 2018 to February 3, 2020. Plaintiff attached a copy of her November 12, 2019 notice of intent to file PAGA claim delivered to the Labor & Workplace Development Agency ("LWDA") to the Complaint. Def...
2020.07.21 Motion to Quash or Modify Subpoenas for Medical Records 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...
2020.07.21 Motion to Quash or Modify Subpoenas 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...
2020.07.21 Motion to File Under Seal 022
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.21
Excerpt: ...nterest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defendant seeks to seal confi...
2020.07.21 Motion for Leave to File Amended Complaint 253
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...milar, they are based on Labor Code violations separate and distinct in time. In Reply, Plaintiffs present no evidence to support a finding that the respective claims against each employer defendant are properly joined in a single action. Nevertheless, the Court grants Plaintiffs leave to file and serve a renewed Motion if Plaintiffs believe they can present evidence showing that it would be appropriate to join both employer defendants in a singl...
2020.07.21 Motion for Final Approval of Class Action Settlement and Judgment 789
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.21
Excerpt: ...whether to approve a settlement agreement."].) California follows a two-stage procedure for court approval: first, the Court reviews the form of the terms of the settlement and form of settlement notice to the class and provides or denies preliminary approval; later, the Court considers objections by class members and grants or denies final approval. (Cal. R. Ct., R. 3.769.) On May 26, 2020, the Court granted preliminary approval of the class act...
2020.07.21 Motion for Contempt and Terminating Sanctions 605
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.07.21
Excerpt: ...ction with prior discovery motions on six occasions. Defendants have advised the Court that Plaintiff has not yet paid any portion of the $6,190.00 that she has been ordered to pay. The Court notes that counsel for Plaintiff attached a personal check in the sum of $5,200.00 made payable to Gordon Rees, et al. with the courtesy copy of her opposition to the motion. The Court does not understand why Ms. Parker did not transmit the check to Defendan...
2020.07.21 Demurrer 288
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...ividuals was a "direct consequence" of Plaintiff's discharge of his duties as an officer, director and employee of defendants Fabricated and CCKX. Plaintiff may file and serve a Second Amended Complaint no later than Friday, August 7, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 21, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LA...
2020.07.21 Demurrer 121
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.07.21
Excerpt: ...h its obligations under numerous Labor Code provisions in its relationship with non-exempt employees. Plaintiff defines the term "aggrieved employees" as current or former hourly-paid or non-exempt employees who worked for Mattson during the period from November 12, 2018 to February 3, 2020. Plaintiff attached a copy of her November 12, 2019 notice of intent to file PAGA claim delivered to the Labor & Workplace Development Agency ("LWDA") to the ...
2020.07.20 Motion to Quash or Modify Subpoenas 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.20
Excerpt: ... advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that production of her medical re...
2020.07.17 Special Motion to Strike 015
Location: Alameda
Judge: Reilly, James
Hearing Date: 2020.07.17
Excerpt: ...therine Smith (collectively, "Defendants"), sued her former employer Shannon B. Jones Law Group Inc. ("SJLG") and Shannon Jones for various wage and hour related claims, as well as for constructive termination and other torts arising out of her employment. During the course of litigation of the prior case, Ms. Vella-Andrade turned over to her counsel LV approximately 27,000 pages of records she had collected during her employment at SJLG as poten...

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