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2084 Results

Location: Alameda x
2020.07.15 Demurrer 590
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.07.15
Excerpt: ...AA Insurance Group as attorneys for the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case reached a settlement and in 2013 they filed motions to enforce settlement and expunge Plaintiffs' liens. Those motions were granted by Judge Judith Craddick on February 4, 2014. Plaintiffs (who were not p...
2020.07.15 Demurrer 314
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.15
Excerpt: ...omplaint ("SAC") is OVERRULED. 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 properly pleaded factual allegations, facts that reasonably can be inferred fr...
2020.07.14 Motion to Quash Service of Summons 294
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.07.14
Excerpt: ...dant Amber Olson no longer lived in the Bay Area. (Declaration of James Yuanxin Li at ¶¶ 5, 9-10.) "If there is any situation in which strict compliance can reasonably be required, it is that of service by publication." (County of Riverside v. Sup.Ct. (Hill) (1997) 54 Cal.App.4th 443, 450; see also Katz v. Campbell Union High School Dist. (2006) 144 Cal.App.4th 1024, 1034. The basic test is whether the declaration shows plaintiff took "those st...
2020.07.14 Motion for Final Approval of Class Action Settlement 584
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.14
Excerpt: ...g rates, so that the Court may perform the required lodestar analysis. Further, Plaintiffs must submit evidence regarding the amount of time they have expended in this matter, so that the Court may determine the reasonableness of the requested class representative service awards. Plaintiffs reserved a hearing date for the Fees Motion. However, as of the date of this Ruling, the Court has no record that any such motion has been filed or served. Th...
2020.07.14 Demurrer 996
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.14
Excerpt: ... 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 general rule in testing a pleading against a demurrer the facts alleged in the pleading are...
2020.07.14 Demurrer 151
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.14
Excerpt: ... IN PART and OVERRULED IN PART as set forth in detail below. Cross- Complainants may file and serve a Second Amended Cross-Complaint no later than Friday, July 31, 2020, consistent with this Order. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 14, 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 Friday, July 10, 2020, ...
2020.07.14 Demurrer 053
Location: Alameda
Judge: Seligman, Brad
Hearing Date: 2020.07.14
Excerpt: ...ract based on the C&R and a common count relying on the same allegation, common count #1 [false impersonation under California Penal Code section 529], common count #2 [California Civil Code section 1668 - Title 4 Unlawful Contracts], common count #3 [California Civil Code section 3294(a)], and common count #4 [Violation of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA)]. Defendants demur to the SAC on grounds that ...
2020.07.13 Demurrer 022
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.13
Excerpt: ...int." (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 general rule in testing a pleadi...
2020.07.13 Motion for Summary Adjudication 206
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.13
Excerpt: ...18/Clay Liberty against the claims asserted by Plaintiff Golden State Lumber, Inc. ("Golden State") in Case No. RG18921206. The Court further finds that Sandbank does not owe 718 Clay/Liberty a duty to defend against the claims asserted by Plaintiffs West Coast Reinforcing, Inc. ("West Coast") in Case No. RG18930004, Plaintiff Doka USA ("Doka") in Case No. RG18933294. STANDARD OF LAW "A party may move for summary adjudication as to one or more ca...
2020.07.13 Demurrer 731
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.13
Excerpt: ...) 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 general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with attached documents, or alleg...
2020.07.13 Motion to Quash Service of Summons, to Set Aside Defaults, Judgment 672
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.13
Excerpt: ...position and other documents in the Court's file. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Wednesday July 15, 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 Friday, July 10, 2020, 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 reque...
2020.07.10 Motion for Protective Order 182
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.10
Excerpt: ...ny order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2031.060(b).) As pertinent here, "[t]his protective order may include, but is not limited to, one or more of the following directions: . . . [t]hat all or some of the items or categories of items in the demand need not be produced or made available at all[,] . . . [and/or] [t]hat the i...
2020.07.10 Demurrer 654
Location: Alameda
Judge: Reilly, James
Hearing Date: 2020.07.10
Excerpt: ...se findings "signified a material weakness," and that omitting them would lead to a material misstatement in Defendant's financial statements and thus would violate the law. (See First Amended Complaint, paragraphs 19-20.) Shortly after submitting the audit report, Plaintiff was notified on September 22, 2016 that his position would be eliminated effective December 31, 2016, and he was in fact officially terminated on January 3, 2017. (See First ...
2020.07.10 Demurrer 731
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.10
Excerpt: ...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 general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains a...
2020.07.10 Demurrer 859
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.10
Excerpt: ...joint tortfeasor of Lorillard, where this Court has already conclusively adjudged in Berg v. Alta Bldg. Materials, RG 17-84928 (the "Prior Action," an asbestos torts action to which all of Plaintiffs, Defendant and Lorillard were parties, that Defendant is not a tortfeasor with respect to Plaintiffs or a joint tortfeasor with respect to Lorillard. Plaintiffs may file and serve an amended Complaint no later than Friday, July 31, 2020. ALLEGATIONS ...
2020.07.10 Motion for Preliminary Approval of Class Action Settlement 346
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.10
Excerpt: ...500 for the class representative, a net PAGA payment of $7,500, and settlement administration costs of $7,000. After these expenses, the class would get $151,333.33. The average payout per class members would be $2,101. The settlement was mediated with the assistance of Jeff Winikow. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediator in [concluding] that [the] settlement agree...
2020.07.10 Motion for Preliminary Approval of Class Action Settlement 575
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.10
Excerpt: ... $7,500 for the class representative, a net PAGA payment of $22,500, and settlement administration costs of $15,000. After these expenses, the class would get $601,916. The average payout per class member would be $952. The settlement was mediated with the assistance of Bob Kaplan. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediator in [concluding] that [the] settlement agreeme...
2020.07.10 Motion to Quash Service of Summons and Complaint 273
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.10
Excerpt: ...s this initial burden, then the defendant has the burden of demonstrating 'that the exercise of jurisdiction would be unreasonable.'" (Id.) "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) "California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution." (Young v. Daiml...
2020.07.10 Motion for Reconsideration 344
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.07.10
Excerpt: ...the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or dec...
2020.07.10 Motion for Summary Adjudication 697
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.10
Excerpt: ...amages against Martinelli because Plaintiffs do not have evidence that Martinelli acted with malice, oppression, or fraud. STANDARD OF LAW "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 affirmative defense to the cause of acti...
2020.07.10 Motion for Summary Adjudication 847
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.10
Excerpt: ...ver, Plaintiffs have waived their Third and Fourth Causes of Action with respect to the MSA. (Opp. MSA at p. 1, fn. 1.) Therefore, the only issue remaining to be decided by this Court is whether Defendant is entitled to summary adjudication of Plaintiffs' punitive damages claim. The Court finds that Plaintiffs' written discovery responses are "factually devoid" with respect to Plaintiffs' punitive damages claims, thereby shifting the burden of pr...
2020.07.10 Motion for Summary Judgment, Adjudication 654
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.07.10
Excerpt: ...ssors-in-interest Sacomo Manufacturing Co. or Sacomo-Sierra Inc. (collectively "Sacomo") during the period between 1963 and 1967. Defendant admits for purposes of this MSJ/MSA that it is the successor in interest to Sacomo. (Moving MPA at p. 2:19-21. See also Defendant's Undisputed Material Fact ("UMF") No. 19, constituting Plaintiff's admission that Decedent allegedly worked with or around Defendant's asbestos-containing products only between 19...
2020.07.10 Motion to Compel Arbitration and Stay Action 782
Location: Alameda
Judge: Reilly, James
Hearing Date: 2020.07.10
Excerpt: ...th 83, 91. In her opposition brief, Plaintiff argues that the Agreement is unconscionable. For the Court to refuse to enforce an arbitration agreement on the grounds of unconscionability, the party opposing arbitration must demonstrate that the agreement is both procedurally and substantively unconscionable. (See Armendariz, supra, 24 Cal.4th at 114.) Procedural and substantive unconscionability are determined on a sliding scale; the greater degr...
2020.07.10 Motion to Strike 731
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2020.07.10
Excerpt: ...r filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or...
2020.07.10 Demurrer 298
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.07.10
Excerpt: ...20 and California Education Code sections 44805, 44807, 48290, 49005(a) and 48900(2)(1) on the grounds that Plaintiff has not adequately alleged a statutory basis for its cause of action. In reviewing the sections cited by Plaintiff, the court agrees with Defendant that Plaintiff has not cited a statutory basis for her claim. The statutes referenced do not relate to the circumstances involved in the First Amended Complaint. The court provides Pla...

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