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
2020.06.10 Motion to Compel Arbitration 420
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.06.10
Excerpt: ...st St. Francis, Weiss Law, Roia Shefayee and Mogeeb Weiss ("Cross-Defendants"). The sole cause of action in the Complaint is for declaratory relief: St. Francis seeks a declaration that Bhandari unlawfully withdrew funds from the St. Francis bank accounts in violation of the Management Services Agreement ("MSA"). The MSA is an agreement between St. Francis Medical Group and St. Francis Medical Management. Neither Bhandari, nor the other Cross-Def...
2020.06.10 Demurrer 306
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.06.10
Excerpt: ... of emotional distress ("IIED"), loss of consortium and fraud. LEGAL STANDARD "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 ...
2020.06.10 Motion for Summary Judgment, Adjudication 527
Location: Alameda
Judge: Reilly, James
Hearing Date: 2020.06.10
Excerpt: ...lini and Keith Bardellini. Plaintiff's Separate Statement repeatedly cites "Bardellini Declaration", without indicating to which of the two Bardellini declarations Plaintiff refers. The declaration of Keith Bardellini simply attaches a copy of Plaintiff's Complaint and of Requests for Admissions, Set One that were propounded on EDP. Nothing in Keith Bardellini's declaration establishes that EDP has breached any contract with Plaintiff. In David B...
2020.06.09 Motion to Compel Further Responses 551
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.06.09
Excerpt: ...ED IN PART. BACKGROUND Plaintiff Nezar AlSayyad, who is a U.S. Citizen, but from Egypt, was a professor of Architecture and City and Regional Planning Department at UCB. In March of 2016, one of Plaintiff's female Ph.D students made a complaint for sexual harassment accusing him of among other things placing his hand on her thigh while in his car. The Regents initiated an investigation, a three-person faculty subcommittee of the UC Berkeley Privi...
2020.06.09 Motion for Summary Judgment 905
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.06.09
Excerpt: ...lternatively, summary adjudication of each of Plaintiff's causes of action and his request for punitive damages. Initially, Defendants' motion suffers from procedural defects regarding how it is presented to the Court. Defendants' motion is based largely on the premise that Plaintiff has "no evidence," (Def.'s Memo., pp. 1:16, 10:9, 12:25, 15:6), "has offered zero evidence," (Def.'s Memo., p. 1:25, see also Def.'s Memo., pp. 13:10, 16:22), "has n...
2020.06.09 Motion for Summary Judgment 187
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.06.09
Excerpt: ...Defendant received a total of $11,961.00 that she was not entitled to have. The Court is authorized to enter summary judgment in favor of Plaintiff if it determines that no triable issues of material fact exist and that a reasonable jury would be required to find in its favor based on the factual record. See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851. Plaintiff's motion is denied because it has not met its burden of producti...
2020.06.09 Motion for Summary Judgment 167
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.06.09
Excerpt: .... 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM TWO (2) COURT DAYS prior to the current 5/18/2020 hearing date (exclude Saturday, Sunday and national holidays) 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 Network, password # 5102676935. If a hearing i...
2020.06.09 Motion for Judgment on the Pleadings 122
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.06.09
Excerpt: ...Exchange v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767- 1768.) Plaintiff's Complaint consists of a single cause of action for violation of the Private Attorney General's Act ("PAGA"). Defendant asserts judgment on the pleadings is proper because: 1) Plaintiff failed to exhaust her administrative remedies by providing "proper" legal notice to the Labor Workforce Devel...
2020.06.09 Demurrer 824
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.06.09
Excerpt: ...tent engine defect, which was known to Defendant, and that Defendant actively concealed the defect during and after the period of time the Vehicle was under warranty. Plaintiffs' claims against Defendant arise under the Song-Beverly Act and the CLRA, and include a cause of action for fraud. LEGAL STANDARD "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, 99...
2020.06.08 Motion for Summary Judgment 695
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.06.08
Excerpt: ...is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to pl...
2020.06.05 Motion for Summary Judgment, Adjudication 469
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.06.05
Excerpt: ...usable neglect (CCP § 473(b)) regarding Plaintiffs' failure to timely file opposition papers to seven pending motions for summary judgment, including the present MSJ/MSA. Therefore, the Court has not considered Plaintiffs' Opposition papers. Nevertheless, the Court has carefully reviewed the evidence in support of Defendant's proffered Undisputed Material Facts with respect to what is effectively an unopposed motion. Plaintiffs' decedent Loren R...
2020.06.05 Demurrer 581
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.06.05
Excerpt: ...gations 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 general rule ...
2020.06.05 Motion for Protective Order 298
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.06.05
Excerpt: ...embarrassment, or oppression, or undue burden and expense." (CCP § 2025.420(b).) "This protective order may include, but is not limited to, one or more of the following directions: . . . [t]hat the deposition be taken at a different time[,] . . . [t]hat the deposition be taken only on certain specified terms and conditions[,] . . . [t]hat the testimony be recorded in a manner different from that specified in the deposition notice[,] . . . [t]hat...
2020.06.05 Motion for Summary Judgment 695
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.06.05
Excerpt: ...is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to pl...
2020.06.05 Motion to Compel Production of Unredacted Medical Records, Deposition 329
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.06.05
Excerpt: ...d., and Whitaker, Clark & Daniels, Inc. (the "joining defendants") each filed a "Notice of Joinder" in Defendant's Motion on, respectively, 5/1/2020, 5/8/2020 and 5/11/2020, which in each Notice purports to "join" in Defendant's pending Motion and "incorporates by reference" moving Defendant's evidence and arguments. Further, each Notice of Joinder purports that if Defendant withdraws the Motion or Defendant having already been dismissed, each jo...
2020.06.05 Motion for Trial Setting Preference 391
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.06.05
Excerpt: ...elevant part: "(d) 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 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. (e) Notwithstanding any other provision ...
2020.06.05 Motion to Change Venue of PAGA Case 894
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2020.06.05
Excerpt: ...hich there is substantial ground for difference of opinion. (Moving at 5:19-20; Oppo at 9:2-5; Edelstein Dec., Exh 1 [Los Angeles trial court opinion]; Rose v. Hobby Lobby Stores, Inc., Alameda RG17-862127, Orders of 8/31/17 and 1/12/18.) The order is appropriate for immediate review. (CCP 166.1.) The complaint asserts two causes of action, both of which are on behalf of the State of California's Labor Workforce Development Agency under PAGA. "Th...
2020.06.05 Motion to Enjoin 144
Location: Alameda
Judge: Grillo, Evelio
Hearing Date: 2020.06.05
Excerpt: ...ther trustee's sale, pending resolution of this case or further order of the court. In this action, Plaintiff alleges that he owns real property at 936 Bayview Avenue, Oakland, California. Plaintiff alleges that in 2001, he borrowed money secured by a deed of trust on the property. Plaintiff alleges that Defendant U.S. Bank is the assignee of the deed of trust, and U.S. Bank has hired Fay Servicing to service the loan. Plaintiff alleges that he d...
2020.06.05 Motion to Tax Costs 049
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2020.06.05
Excerpt: ...irely by statute." (Id.) "It is axiomatic that the right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party." (Id. [internal citations omitted].) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (CCP § 1032(b).) Allowable costs under this statute are outlined in Code of ...
2020.06.04 Motion to Quash Subpoena of Medical Records 993
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2020.06.04
Excerpt: ...arties have not contested the March 16, 2020 tentative ruling. It is unclear to the Court whether the Parties' discovery dispute is ongoing or has been resolved. As such, the PARTIES ARE TO APPEAR at the hearing on this Motion prepared to provide the Court with an update on the status of this discovery dispute. The Court made the following observations in the March 16, 2020 tentative ruling: This is an employment dispute, involving claims for sex...
2020.06.04 Motion for Judgment on the Pleadings 510
Location: Alameda
Judge: Brand, Jeffrey
Hearing Date: 2020.06.04
Excerpt: ...e of Civil Procedure section 438(c)(1)(B)(ii) "performs the same function as a general demurrer[] and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed." (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064; see Fire Ins. Exchange v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767-1768.) A general demurre...
2020.06.04 Motion for Judgment on the Pleadings 462
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.06.04
Excerpt: ... for relief. Hyppa has now filed yet another motion again seeking judgment on the pleadings as to the fourth prayer for relief, i.e., seeking a declaration that Beoris never assumed the liabilities of Anthony Caravalho or the NTFVA LLC concerning Hyppa's retainer agreement. First, the Court determines that this motion for judgment on the pleadings is an improper motion for reconsideration of the Court's prior March 12, 2020 order, unsupported by ...
2020.06.04 Motion for Judgment on the Pleadings 429
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.06.04
Excerpt: ...oss-Defendant breached two separate oral agreements. The First Cause of Action is based on Cross-Defendant's alleged breach of the 2017 agreement described as the "Purchase Agreement" in the Third Amended Cross-Complaint. The terms of the Purchase Agreement are set forth in paragraph 9 of the Third Amended Cross-Complaint. In paragraph 10, Cross- Complainant alleges that he incurred certain material expenses through the removal of tenants and the...
2020.06.02 Petition to Compel Arbitration 958
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.06.02
Excerpt: ...aintiff to submit all disputes to arbitration in Georgia. Plaintiff does not dispute that the Parties' agreement contains a mandatory arbitration provision. Rather, Plaintiff asserts the arbitration agreement's forum selection clause is unenforceable and that Plaintiff's PAGA claims are not susceptible to arbitration under governing California law. FORUM SELCTION CLAUSE The forum selection clause in the Parties' arbitration agreement requires all...
2020.06.02 Motion to Strike 427
Location: Alameda
Judge: Herbert, Paul
Hearing Date: 2020.06.02
Excerpt: ...ioner's Writ, including the caption, in which Petitioner is referred to as "John Doe." USE OF DOE PSEUDONYM Filing a complaint under a pseudonym such as "John Doe" impairs the public's right of access to court records (CRC 2.550(c)). It also violates the statutory requirement that a complaint include "names of all the parties" (CCP § 422.40). Therefore, plaintiffs are not permitted to use a pseudonym absent "exceptional circumstances." (Doe v. L...

3893 Results

Per page

Pages