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Judge: Pulido, Stephen x
2021.10.07 Motion to Transfer Venue 757
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.10.07
Excerpt: ...is repeated exposure to toxic chemicals in gasoline and diesel fuel, including Benzene. Defendants other than Chevron are foreign corporations that do not maintain their principal place of business in Alameda County. Defendant Chevron's principal place of business is in Contra Costa County. Plaintiff picked up fuel for delivery at locations in Contra Costa County and San Joaquin County. Plaintiff Donna Danley, the spouse of Plaintiff Bernon Danle...
2021.09.16 Motion to Strike 211
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.09.16
Excerpt: ...ither his son, Sterling B. Smith II, nor Ms. Jones, are named as plaintiffs in this case. In view of this unambiguous concession, the Court declines to order Plaintiff to redact references to them. Defendant's motion to strike is granted as to Plaintiff's claim for an award of punitive damages. As Defendant is a healthcare provider as defined by MICRA, Plaintiff is required to file a motion for leave to include such a claim in this case. See CCP ...
2021.09.16 Motion for Summary Judgment 616
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.09.16
Excerpt: ... or class claims against Aya Healthcare in this action. Defendant filed its Answer in January 2019. Defendant is a nationwide healthcare staffing company headquartered in San Diego, California. Defendant assigns its Registered Nurses, Licensed Vocational Nurses and Certified Nursing Assistants to facilities on temporary assignments throughout the United States. The case was reassigned to Department 517 on February 20, 2019, after Plaintiff's requ...
2021.09.16 Demurrer 211
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.09.16
Excerpt: .... v. Affiliated Psychiatric Medical Clinic, Inc. (1989) 48 Cal.3d 583, 588 (claim is co-extensive with claim of simple negligence). The Court agrees with Defendant's contention that Plaintiff's Second Cause of Action, as currently pled, is duplicative of Plaintiff's First Cause of Action. See Rodrigues v. Campbell Industries (1978) 87 Cal.App.3d 494, 501 (court may strike duplicative causes of action that add nothing to what is already pled). Pla...
2021.09.16 Demurrer 153
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.09.16
Excerpt: ...provision cited by Plaintiff's attorney prohibits landlords from reporting or threatening to report individuals to immigration authorities. The First Amended Complaint includes no allegations concerning the immigration status of anyone involved in the case. Plaintiff is hereby granted leave to allege a claim for retaliation under a different provision of section 1942.5. 2. Defendants' demurrer to Plaintiff's Tenth Cause of Action for Constructive...
2021.09.07 Motion to Transfer Case 105
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.09.07
Excerpt: ...eks an order that would result in the transfer of the Berko case to this Court for consolidation (trial only) or, in the alternative, an order requiring the parties in the Berko case move that Court to transfer this case to Contra Costa County for consolidation (trial only). The motion to transfer and consolidate is denied for procedural and substantive reasons. First, Plaintiff failed to file and serve the motion at least 16 court days prior to ...
2021.09.07 Motion for Summary Judgment 616
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.09.07
Excerpt: ... or class claims against Aya Healthcare in this action. Defendant filed its Answer in January 2019. Defendant is a nationwide healthcare staffing company headquartered in San Diego, California. Defendant assigns its Registered Nurses, Licensed Vocational Nurses and Certified Nursing Assistants to facilities on temporary assignments throughout the United States. The case was reassigned to Department 517 on February 20, 2019, after Plaintiff's requ...
2021.08.24 Motion for Summary Judgment 344
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.24
Excerpt: ...pointment at Victorian Edge Salon, located at 1814 Third Street. Plaintiff testified that she left the salon through the main entrance and exit on Third Street, and took a right turn on the sidewalk toward N Street and another right turn on Third Street. As the moving party, Defendant is required to present sufficient evidence to show that one or more elements of Plaintiff's Fifth Cause of Action cannot be established. See CCP § 437c(p)(2). Defe...
2021.08.18 Motion for Summary Judgment, Adjudication 018
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.18
Excerpt: ...at Defendants Polaris Industries, Inc., Volvo Penta of the Americas, LLC and Larson Marine, Inc. are liable because the boat failed to conform to the conditions of the express and implied warranties for the performance of the vessel. Plaintiff alleges generally that the boat failed to perform in the manner that a reasonable consumer would expect it to perform. Plaintiff alleges that he took the boat to Larson Marine, Inc. and the authorized repai...
2021.08.17 Demurrer 348
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.17
Excerpt: ...ded Complaint. The Court sustained both earlier filed demurrers with leave to amend. The Court agrees with Defendant's contention that Plaintiff still has not complied with his obligation to plead specific facts supporting each element of the Fourth and Fifth Causes of Action. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. The Court, however, does not believe th...
2021.08.12 Demurrer 729
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.12
Excerpt: ...ublease Agreement, pursuant to CCP § 430.10(e), is OVERRULED. Although the Court generally considers only the facts alleged in the First Amended Complaint, it is permitted to review exhibits attached to the pleading. See Stella v. Asset Mgmt. Consultants, Inc. (2017) 8 Cal.App.5th 181, 193-194; and Moran v. Prime Healthcare Mgmt., Inc. (2016) 3 Cal.App.5th 1131, 1145-1146. The Court has reviewed section 15 of the Sublease Agreement (Exhibit A) a...
2021.08.10 Motion for Attorney Fees 892
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.10
Excerpt: ...that Plaintiff's motion for attorney's fees was timely filed on April 2, 2021. See Rules of Court 3.1702(b)(1) and 8.104(a)(1)(C). In this case, the Alameda County Superior Court clerk did not serve Plaintiff's attorneys with notice that the Court entered the judgment on October 5, 2020. Attorney Tara Cooper does not appear on the clerk's mailing list. Attorney Eduardo Martorell does appear on the mailing list, but the address used by the clerk w...
2021.08.03 Demurrer 296
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.08.03
Excerpt: ...fs also attached two-hundred-and-ninety-five (295) pages of exhibits, including the lease agreements, to the Complaint. On April 23, 2021, Defendants filed their Verified Answer to the Verified Complaint and the subject Cross- Complaint for Fraud and Breach of the Implied Covenant of Good Faith and Fair Dealing. The claims in the Cross-Complaint are based on the statements made by Cross-Defendants' representatives Rich Robbins and Chris Barlow du...
2021.07.29 Motion to Compel Further Responses 564
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.29
Excerpt: ...September 25, 2019. See Labor Code § 2699. Plaintiff alleges in the Complaint that Defendant engages in the following practices that violate the Labor Code: (1) Defendant fails to authorize and permit its non-exempt security officers to take meal and rest breaks; (2) Defendant fails to pay its non-exempt security officers at a premium rate for working through their meal and rest breaks; (3) Defendant fails to provide its non-exempt security offi...
2021.07.27 Motion to Compel Further Responses 564
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.27
Excerpt: ...September 25, 2019. See Labor Code § 2699. Plaintiff alleges in the Complaint that Defendant engages in the following practices that violate the Labor Code: (1) Defendant fails to authorize and permit its non-exempt security officers to take meal and rest breaks; (2) Defendant fails to pay its non-exempt security officers at a premium rate for working through their meal and rest breaks; (3) Defendant fails to provide its non-exempt security offi...
2021.07.22 Motion for Summary Adjudication 559
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.22
Excerpt: ...any time prior to trial. See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108. Cross-Defendant's motion is not an untimely and defective motion for reconsideration of the Court's ruling of May 27, 2020. The Court specifically granted Cross-Defendant leave to make the request when it denied its earlier motion. Based on its review of the parties' written submissions, the Court declines to grant Cross-Defendant leave to proceed with its second motio...
2021.07.20 Motion to Compel Further Responses 559
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.20
Excerpt: ...ll documents related to the company's preparation of its proposal to the City for the Residential Recycling ("RR") contract in 2015. The parties advise that the City began the process of soliciting proposals from companies interested in providing recycling and waste collection services in 2012. The objection of CWS that the request is overbroad and seeks information that is not relevant to the subject matter of this action is overruled. The infor...
2021.07.06 Motion for Leave to File Permissive Complaint 230
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.06
Excerpt: ...aware that the parties are scheduled to participate in a mandatory settlement conference in Department 301 on July 2, 2021. Growers Properties No. 30 had until August 14, 2019 to file the Cross-Complaint as a matter of right. See CCP § 428.50(a) (cross-complaint due at the same time that a party answers the complaint or cross-complaint of a party). The reasons for counsel's decision not to file the Cross-Complaint at that time do not support a f...
2021.07.06 Motion for Attorney Fees 640
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.06
Excerpt: ...f it is able to prove that a statute authorizes such an award and that the amount requested is reasonable. See Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817-818. Moorpark has established its entitlement to make a request for reimbursement of its reasonably incurred attorney's and paralegal's fees and costs in this case. In the declarations of attorney LeRoy and paralegal Lichtenberger dated July 13, 20...
2021.07.01 Motion for Leave to File SAC 341
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.07.01
Excerpt: ...torney Yudien did not prepare and submit a declaration that complies with the requirements set forth in Rule of Court 3.1324(b). Mr. Yudien's submission of a redline version of the existing First Amended Complaint and the proposed Second Amended Complaint is not sufficient. Plaintiff's motion is substantively deficient because the proposed additional cause of action and allegations are not necessary. Plaintiff's attorney acknowledges that he does...
2021.06.29 Motion for Leave to File SAC 341
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.29
Excerpt: ...torney Yudien did not prepare and submit a declaration that complies with the requirements set forth in Rule of Court 3.1324(b). Mr. Yudien's submission of a redline version of the existing First Amended Complaint and the proposed Second Amended Complaint is not sufficient. Plaintiff's motion is substantively deficient because the proposed additional cause of action and allegations are not necessary. Plaintiff's attorney acknowledges that he does...
2021.06.24 Motion to Stay Action 255
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.24
Excerpt: ...ailer worker employed by Defendant from 2016 until 2020. Plaintiff alleges in paragraph 1 of the Complaint that he is representing the State of California and "other current and former employees at a retail store location" who were employed from April 24, 2019 until the date when judgment is entered. Plaintiff initially requested that the case be deemed complex and assigned to Department 23. On October 6, 2020, Plaintiff's request that the Court ...
2021.06.24 Motion to File Confidental Trade Secret Info Under Seal 616
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.24
Excerpt: ...21, and by Defendant in support of its reply to Plaintiff's opposition on April 16, 2021. The Court may grant Defendant's motion to seal if it expressly finds that facts exist that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is no...
2021.06.24 Motion for Attorney Fees 143
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.24
Excerpt: ...at Homesite Services, Inc. owed Cross-Complainants a duty to defend and indemnify them in this personal injury action arising out of an accident occurring on a construction site. The Court ordered counsel for Cross-Complainant to submit a revised proposed order for its consideration. Cross-Complainant did submit a proposed order, but counsel apparently did not give opposing counsel an opportunity to approve it as to form as required by Rule of Co...
2021.06.10 Demurrer 090
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.10
Excerpt: ...emurrer to the First Cause of Action for Promissory Fraud and Second Cause of Action for Cancellation of Written Instrument with leave to amend. The Court overruled Defendants' demurrer to the Third, Fourth and Fifth Causes of Action. Plaintiff did not file the First Amended Complaint until March 17, 2021. Plaintiff and Defendants submitted two stipulations seeking additional time for Plaintiff to comply with the Court's order of January 12, 2021...
2021.06.08 Motion to Stay Action Pending Outcome of Earlier File PAGA Cases 255
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.08
Excerpt: ...ailer worker employed by Defendant from 2016 until 2020. Plaintiff alleges in paragraph 1 of the Complaint that he is representing the State of California and "other current and former employees at a retail store location" who were employed from April 24, 2019 until the date when judgment is entered. Plaintiff initially requested that the case be deemed complex and assigned to Department 23. On October 6, 2020, Plaintiff's request that the Court ...
2021.06.01 Demurrer 094
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.06.01
Excerpt: ...ies. The lease agreement at issue was signed on September 21, 2015. Brookfield Properties Retail, Inc. acquired Rouse Properties in 2016. The Court's ruling on the demurrer of Brookfield Properties Retail, Inc. is not based on the argument that it is not the successor-in-interest of Rouse Properties. 2. Defendant's demurrer to Plaintiff's First Cause of Action for Anticipatory Breach of Contract, Second Cause of Action for Breach of the Implied C...
2021.05.13 Motion to Strike 016
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.13
Excerpt: ...ED. According to the First Amended Complaint, Plaintiffs all reside or resided in the apartment building owned by Defendant Abdulrahim located at 1691 164th Avenue, in San Leandro, starting in or around 2010. Plaintiffs allege that Defendant Abdulrahim and his property manager, Kae Real Estate Services, have breached their common law and statutory obligations by allowing unsafe conditions to persist without taking corrective action. Plaintiffs' l...
2021.05.11 Motion to Compel IME 467
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.11
Excerpt: ... allegedly sustained in the accident and the appropriateness of the treatment she received for that injury. The examination of Plaintiff by Dr. Prager, which will likely take two hours or less, is not duplicative of Plaintiff's earlier examination. Dr. Prager intends to examine Plaintiff to evaluate her claim that she continues to suffer from Complex Regional Pain Syndrome in the area of her left lower extremity years after the accident on August...
2021.05.06 Motion to Compel Further Responses 237
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.06
Excerpt: ... with Defendant's contention that form interrogatory no. 2.7 should not have been propounded in view of the nature of the case. 2. Plaintiffs' motion to compel Defendant to serve a further response to form interrogatory no. 3.7 is denied. The Court agrees with Defendant's contention that form interrogatory no. 3.7 should not have been propounded in view of the nature of the case. The Court is familiar with the facts and issues in this case. Plain...
2021.05.06 Motion for Summary Judgment, Adjudication 237
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.06
Excerpt: ...only Defendant Anil Sikka in the original Complaint. On September 24, 2020, Plaintiffs filed the operative First Amended Complaint prior to Defendant filing his Answer. Plaintiffs added Defendant Prime Properties (USA), Inc. to the First Amended Complaint. Plaintiffs also asserted a separate breach of contract cause of action against Prime Properties (USA), Inc., as well as claims that Defendant Sikka is liable for the breach of Prime Properties ...
2021.05.06 Demurrer 729
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.06
Excerpt: ...ourt is not inclined to review the 33-page single-spaced agreement to determine whether the Complaint is sufficient, particularly if the parties only refer to its contents generally. Defendants' assertion that Plaintiff was required to recite the terms of the agreement verbatim or attach a copy of the sublease agreement is rejected. Plaintiff is only required to allege facts describing the legal effect of the subject agreement. See Miles v. Deuts...
2021.05.05 Motion to Compel Submission to Further Mental Examination 922
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.05.05
Excerpt: ...nce the May 10, 2017 accident. The scope of the examination was also based on Plaintiff's representation that she would not be making a claim for mental and emotional distress above and beyond that usually associated with her physical injuries. See CCP § 2032.320((c)(1). As indicated by Defendant in great detail, Plaintiff appeared to disclaim the representations made by counsel prior to Dr. Strassburg's examination after he completed the examin...
2021.04.27 Motion to Compel Further Mental Exam 922
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.27
Excerpt: ...nce the May 10, 2017 accident. The scope of the examination was also based on Plaintiff's representation that she would not be making a claim for mental and emotional distress above and beyond that usually associated with her physical injuries. See CCP § 2032.320((c)(1). As indicated by Defendant in great detail, Plaintiff appeared to disclaim the representations made by counsel prior to Dr. Strassburg's examination after he completed the examin...
2021.04.27 Motion for Attorney Fees 101
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.27
Excerpt: ...ity line of credit with a credit limit of $200,000 from National City Bank. Prior to the default of the Pentons, the right to make claims on the debt was sold to USMR Fund 10 LP. When the Pentons defaulted on their payments, they owed the sum of $182,561.62. The lender's lien interest in the Pentons' property on Machado Court, in Hayward, was extinguished when the senior lienholder caused the property to be sold at a trustee's sale. Plaintiff sub...
2021.04.22 Demurrer 348
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.22
Excerpt: ...rrer to Plaintiff's fraud claims with leave to amend. The Court agrees with Defendant's contention that Plaintiff still has not complied with his obligation to plead specific facts supporting each element of the Fourth and Fifth Causes of Action. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiff alleges that Defendant Crofton, the real estate agent for se...
2021.04.20 Motion to Compel Further Mental Exam 922
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.20
Excerpt: ...ntation that her neurological deficit had resolved since the May 10, 2017 accident. The scope of the examination was also based on Plaintiff's representation that she would not be making a claim for mental and emotional distress above and beyond that usually associated with her physical injuries. See CCP § 2032.320((c)(1). As indicated by Defendant in great detail, Plaintiff appeared to disclaim the representations made by counsel prior to Dr. S...
2021.04.20 Motion for Preferential Trial Setting 198
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.20
Excerpt: ...ing causes of action: (1) Negligence; (2) Elder Abuse/Neglect; and (3) Violation of Nursing Home Resident's Rights. Albertina's daughter Sylvia has asserted a claim for Negligent Infliction of Emotional Distress. Sylvia claims she suffered emotional distress when she saw her mother's injuries. Although the parties dispute whether Plaintiff Albertina Morelos is in fact 94 years old, the Court has no difficulty setting this issue to the side. Plain...
2021.04.15 Demurrer 642
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.15
Excerpt: ...evelopers. Defendant Bhandari was also made a manager of SPSD Developers by a vote of the members in accordance with the terms of the operating agreement. Defendant Bhandari's company, Sumitra Properties, LLC, entered into an agreement on June 28, 2017 to sell property located at 3411 Capitol Avenue, in Fremont, to SPSD Developers, LLC. The contracting parties contemplated the commercial development of the property. The sale of the property, howe...
2021.04.13 Motion for Preliminary Injunction 624
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.13
Excerpt: ...ts and for Unfair Competition on March 4, 2021. On March 18, 2021, the Court granted Plaintiff's unopposed ex parte application for a temporary restraining order and issued an order to show cause re: preliminary injunction. The Court ordered the parties to submit their written briefs and supporting declarations in advance of the hearing on April 13, 2021. The Court has reviewed the parties' written submissions. Plaintiff's request for a prelimina...
2021.04.01 Motion to Compel Compliance with Subpoena Duces Tecum 275
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.04.01
Excerpt: ...cember 31, 2020. Simply Re-Creating Enterprises, Inc. was required to submit an affidavit of the custodian of records that complies with the requirements set forth in Evidence Code § 1561. See CCP § 2020.430(a)(2). Although the company apparently provided the code-compliant affidavit on March 11, 2021, more than two weeks after being served with the motion to compel, the Court nevertheless has the authority to grant the motion to compel and awa...
2021.03.25 Motion for Protective Order 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.25
Excerpt: ...d because Plaintiff did not attach a meet-and-confer declaration that complies with the requirements set forth in the Civil Discovery Act. See CCP § 2016.040(a). The declaration must set forth facts that indicate that the parties made a reasonable and good faith attempt to resolve all of the disputed issues. In this case, the Court takes notice of Plaintiff Robertson's request that attorney Shirdel participate in a meet-and-confer discussion. At...
2021.03.25 Demurrer 004
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.25
Excerpt: ...lack v. FCI Lender Services, Inc., et al. (Case No. RG18913562). The Flacks allege that their property was sold at a trustee's sale after the Court in that case denied their motion for preliminary injunction. Lapham alleges that the property was lost because the Flacks ignored his advice. Cross-Defendants' demurrer is sustained because they have adequately shown that the litigation privilege bars Cross-Complainant's Second Cause of Action for Abu...
2021.03.23 Motion to Compel Further Responses 293
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.23
Excerpt: ...rte application for leave to file a late opposition to Defendants' motion for sanctions. The Court has reviewed and considered Plaintiff's opposition. See Rule of Court 3.1300(d). Although Plaintiff has not complied with the Court's orders requiring that she serve supplemental responses to Defendants' form interrogatories and requests for production of documents by the November 3, 2020 deadline or at any time thereafter, the Court concludes that ...
2021.03.23 Demurrer 499
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.23
Excerpt: ... at 6044 Stevenson Blvd., in Fremont. The Wayland, LLC purchased the property in 2016. In 2017, the Art Center fell behind in its monthly rent payments. Qiang Wu, the principal of the Art Center and former husband of Jing Zhao, discussed with Guy Fong, the principal of The Wayland, LLC, a proposal wherein Wu would deliver a valuable item of Chinese art to Fong as security for the Art Center's obligation to pay rent through January 2018. The parti...
2021.03.16 Motion to Strike or Tax Costs 042
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.16
Excerpt: ... support their contention that the Complaint was not timely filed. See CCP §§ 340.5 and 364(d). The Court, however, gave Defendants an opportunity to correct the errors and submit a second motion for summary judgment. The Court then granted Defendants' second motion on October 29, 2020. Plaintiffs should not have to reimburse Defendants' original $500 filing fee under the circumstances. Plaintiffs' objection to the $828.34 claimed by Defendants...
2021.03.16 Demurrer 707
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.16
Excerpt: ..., filed on September 17, 2020, she alleges that Living Spaces Furniture, LLC is vicariously liable to her for the actions of Vargas because it was his employer. Counsel for Plaintiff subsequently learned that Vargas did not work for Living Spaces Furniture, and that Of Service Transportation was his employer. On November 24, 2020, Plaintiff amended the Complaint to join Of Service Transportation in the place of "DOE 1" and Alpha Road Carriers, In...
2021.03.11 Motion to Compel Further Responses 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.11
Excerpt: ...cation requesting that the Court continue the hearing at least two months due to the fact that he did not receive the moving papers until January 4, 2021. Counsel for Defendant did not sign the application or his supporting declaration. The Court denied the application on January 19, 2021. When the Court reviewed the motion to compel in advance of the hearing, it determined that it was facially deficient because Plaintiff did not attach a meet-an...
2021.03.09 Motion to Strike 116
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.09
Excerpt: ...sed the property in November 2019, she approached Cross-Defendant and advised her that she would have to vacate the unit because the City determined that it was an unauthorized unit. After some negotiations, Cross-Complainant and Cross-Defendant executed a Mutual Termination of Tenancy and Move Out Agreement ("the Agreement") in December 2019. In exchange for the payment of appropriate compensation, Cross-Defendant agreed to vacate the unit volun...
2021.03.09 Motion to Reopen Fact Discovery 349
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.09
Excerpt: ... of contract on August 17, 2018. On April 30, 2019, the Court set the case for a jury trial on March 23, 2020. Fact discovery therefore closed thirty days before March 23, 2020. See CCP § 2024.020(a). Defendants thereafter completed its discovery and filed a Motion for Summary Judgment with a hearing date of February 20, 2020. The hearing on the Motion for Summary Judgment was continued, however, because Defendants requested the Court to analyze...
2021.03.04 Demurrer 603
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.03.04
Excerpt: ...eir initial Complaint against Defendants in the Superior Court of the County of San Francisco on May 2, 2017. On April 12, 2019, the parties stipulated to the transfer of the case to the Alameda County Superior Court. The subject First Amended Complaint was filed on May 19, 2020. The Court has set a jury trial on August 23, 2021. Plaintiffs have filed this action to assert their claims for damages resulting from their failed investment in the 261...
2021.02.23 Special Motion to Strike 105
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.23
Excerpt: ...t (2018) 28 Cal.App.5th 1146, 1156-1158, the court of appeal held that the Legislature did not intend to permit defendants and cross-defendants to file anti-SLAPP motions in limited civil cases when it enacted Section 425.16 in 1992. Defendant then immediately filed another anti-SLAPP motion even though the case is still classified as a limited civil case. Plaintiff cannot convert a limited civil case to an unlimited case simply by adding a praye...
2021.02.23 Motion for Summary Judgment 674
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.23
Excerpt: ... law claims for negligence and premises liability. Defendant Alameda Health System thereafter answered the Complaint on December 23, 2019. This is a personal injury action. According to the Complaint, Plaintiffs were stabbed by Defendant Derrian Germon when they went to Highland Hospital to visit Naomi Schneider, the mother of Mira and Lia, on March 24, 2019. In October 2020, Plaintiffs served Defendant Germon with the summons at Santa Rita Jail....
2021.02.16 Demurrer 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.16
Excerpt: ...ding deficiencies identified in the September 22, 2020 order. Cross-Complainant has pled a sufficient claim for Intentional Misrepresentation in its First Cause of Action. The demurrer to the First Cause of Action is therefore OVERRULED. Cross-Complainant alleges that its Chairman and CEO, Milton C. Ault III, met Cross-Defendant and Cross-Defendant's girlfriend when they were dining at one of Mr. Ault's restaurants, Guilia, in downtown Los Angele...
2021.02.16 Demurrer 838
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.16
Excerpt: ...e declarations or the deposition transcripts attached by Plaintiff's counsel to the Complaint. The Court is required to accept Plaintiff's well-pled allegations as true for purposes of the demurrer. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. Counsel need not draft the Complaint as if he were opposing a motion for summary judgment. Based on its review of the Complaint, the Court agrees with Defendant's contention that Plainti...
2021.02.11 Motion to Strike or Tax Costs 665
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.11
Excerpt: ...th 1203, 1207-1209, cited by Judgment Creditor, dealt with a claim for recovery of mediation costs and not messenger costs. Although the Court has the discretionary authority to allow Judgment Creditor to recover the messenger costs, it declines to do so in this instance. Judgment Debtor's objection to the filing fee for the application of James M. Roche to appear as counsel pro hac vice for Plaintiff is overruled. Judgment Debtor fails to make a...
2021.02.09 Motion to Strike 946
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.09
Excerpt: ... assertion made by defense counsel. In Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872, the court of appeal specifically declined to determine whether the plaintiff alleged sufficient facts to support a prayer for punitive damages because it agreed with the holding of the trial judge that the so-called "Second Count" was not an adequately pled cause of action. The court reviewed the case after the trial judge sustained the defendant's demurrer...
2021.02.04 Motion for Judgment on the Pleadings 044
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.04
Excerpt: ...orporate opportunity; and (6) corporate derivative action. In paragraph 4 of the Complaint, Plaintiff alleges that Defendant Pudas was a member of the board of directors of Clean Battery Recycling, Inc., a California corporation, and the company's Chief Executive Officer. Defendant Pudas was also alleged to be the chairman of the board and Chief Executive Officer of Defendant Akkuser Oy. Clean Battery Recycling, Inc. was incorporated on or about ...
2021.02.04 Demurrer 571
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.02.04
Excerpt: ...they allege facts supporting each element of the claim with specificity. See CACI No. 1900; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiffs are required to provide some details regarding statements made to them by Defendant Wright regarding his agreement to disburse to them the $200,000.00 loan and the $50,000.00 in interest from the gate receipts as a lin...
2021.01.21 Demurrer 275
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.21
Excerpt: ...llation of Written Instrument. The Third Cause of Action is for Financial Elder Abuse. The Fourth Cause of Action is for Fraud by Concealment. The Fifth Cause of Action is to Quiet Title. The Sixth Cause of Action is for Fraud by Intentional Misrepresentation. The Court agrees with Cross-Defendant's contention that under the "primary right" theory of code pleading, the primary right that Cross-Defendant allegedly infringed is the right to be free...
2021.01.19 Motion to Compel Filing of Undertaking 898
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.19
Excerpt: ...f filed its Complaint for Breach of Contract, Quantum Meruit, Common Counts, and Quantum Valebant on July 27, 2020. Plaintiff alleges that Defendants breached the parties' contract for the construction of a Linear Accelerator Concrete Vault for Defendants' Oncology Center. Plaintiff prays for an award of damages against Defendants under contract and quasi-contract theories in the sum of $549,688.61. Plaintiff states that it incurred reasonable ex...
2021.01.14 Motion for Preliminary Injunction 118
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.14
Excerpt: ...nd Cross-Defendant, the Court is not inclined to issue the preliminary injunction at this time because Cross-Complainants have not shown that they need to have the electric gate removed right now. See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084 (plaintiff has the burden of proving that the irreparable harm is imminent). Cross-Complainants will ultimately need to be able to use the driveway so ...
2021.01.14 Motion for Summary Judgment 788
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.14
Excerpt: ... is Plaintiff's Second Amended Complaint filed on August 27, 2019. Plaintiff was hired by Simpson Strong-Tie Company as a Fabrication Layout Technician in December 2017. Defendant's headquarters are located at 5956 W. Las Positas Blvd., in Pleasanton. Plaintiff's immediate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a com...
2021.01.14 Special Motion to Strike 105
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.14
Excerpt: ...or Court Case No. RG16841079) (McGuinness, J.). The underlying case apparently involved a dispute arising out of work that Wilt and non-party Daniel Berko performed for Solomon in other litigation. The Cross- Complaint filed by Solomon asserted that Wilt was liable to her because he contributed to her failure to file a certain action prior to the running of the statute of limitations and because he caused another action to be filed in her name wi...
2021.01.12 Demurrer 090
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.12
Excerpt: ...ged many evidentiary facts regarding Defendant Esdec, Inc.'s acquisition of IronRidge, Inc. and its post-acquisition bad faith conduct, he did not allege with specificity facts necessary to support an inference that Defendants did not intend to keep their promises when they were uttered. See CACI No. 1902; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1059-1060. The fact that Defendants did ...
2021.01.07 Motion to Compel Further Responses 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.07
Excerpt: ...ormally is inexcusable in view of the volume of discovery involved. The parties are advised that the moving party must describe the serious efforts to arrive at an informal resolution in its meet-and-confer declaration. See CCP § 2016.040. In this case, counsel for Defendant merely sent a letter to Plaintiff Robertson with a request that Plaintiff indicate whether a telephone conference would be necessary. The parties are advised that a telephon...
2021.01.07 Motion to Compel Further Responses 616
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.07
Excerpt: ...further response to his request for production no. 23 is DENIED. Plaintiff's request no. 23 asks Defendant to produce documents describing the company's policies and procedures for recruiting travel nurses from August 26, 2017 to the present. Defendant properly objected to Plaintiff's request no. 23, because the Court put on hold any new discovery until the Court makes its ruling on Defendant's motion for summary judgment filed on December 17, 20...
2021.01.07 Motion for Summary Judgment 674
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.07
Excerpt: ...s do not allege that Germon was a patient or hospital employee. Instead, Plaintiffs simply allege on information and belief that Germon had been "in the hospital at some point prior to the attack." Plaintiffs claim that Defendant is liable for their injuries, including their severe emotional distress, because it did not take the measures necessary for the safety of individuals who are required to go to the hospital for medical care or to visit th...
2021.01.07 Demurrer 295
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.07
Excerpt: ... file a request for dismissal of John Davis no later than January 15, 2021. The demurrer of Defendant Ana Z. Davis (aka Ana Zejack Davis) to the Second Amended Complaint for Conversion, pursuant to CCP § 430.10(e), is OVERRULED. The elements of Plaintiff's Conversion claim are set forth in CACI No. 2100. In order to prevail, Plaintiff must prove by a preponderance of the evidence that: (1) he owns or has the right to possession of the property; ...
2021.01.07 Demurrer 168
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.07
Excerpt: ... duty of care in his management of their property located at 1870 Tulane Street, in Union City. See Wolf v. Superior Court (2003) 107 Cal.App.4th 25, 29. Plaintiffs owned the property from 1990 until they sold it in January 2020. Defendant allegedly managed the property for Plaintiffs, who reside in Hong Kong, during the period from 1990 until Plaintiff Tracy Shuk-Han Fung assumed the management role in August 2019. The fact that Plaintiffs and D...
2021.01.05 Motion to Quash Subpoena for Records 092
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2021.01.05
Excerpt: ...ns. Plaintiff worked for Defendant at its Newark location from September 21, 2018 to July 1, 2019. The Court understands that Defendant served the subpoena in order to obtain documents supporting its claim that it was required to make the payroll deductions described in the Second Cause of Action because Plaintiff was legally obligated to provide health insurance for minor Jacqueline Sanchez. The motion is denied without prejudice because Plainti...
2020.12.17 Motion to Quash Deposition Subpoena 152
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.17
Excerpt: ...agreement or Marvin agreement. Mr. Sanders is Plaintiff's father. Defendant advises the Court that he has not served any deposition subpoenas in this case before the one before the Court. Defendant advises the Court that Plaintiff has aggressively pursued discovery in different jurisdictions and in different forms since this case was filed on October 15, 2019. Plaintiff moves to quash the subpoena because she claims that her father lacks knowledg...
2020.12.17 Motion for Summary Judgment 788
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.17
Excerpt: ...diate supervisor was Production Department Supervisor Chris Altomare. Plaintiff's "lead" was Francisco Rendon. According to the parties. Plaintiff had a desk or workstation and a computer in a large office space where other production team employees also had their desks and computers. Simpson Strong-Tie Company employee Armando Santiago is Plaintiff's friend. Mr. Santiago apparently still works for Defendant. Mr. Santiago, who shared Plaintiff's ...
2020.12.15 Motion to Strike 633
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.15
Excerpt: ... of consortium claim. After trial, both Plaintiffs and Defendant filed and served memoranda of costs claiming to be the prevailing parties. For the following reasons, the Court holds that Defendant Ramirez is the prevailing party as to the claims of Plaintiff Younes because Younes did not obtain a result more favorable than his CCP § 998 offer of $60,000 to Defendant or Defendant's CCP § 998 offer of $20,000 to him. See Stallman v. Bell (1991) ...
2020.12.15 Motion for Attorney Fees 633
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.15
Excerpt: ...an award of their statutory costs is DENIED. Plaintiffs' motion is procedurally deficient and redundant. Plaintiffs are entitled to claim their costs by filing a verified memorandum of costs pursuant to Rule of Court 3.1700(a). Plaintiffs filed their initial memorandum of costs on September 17, 2020 and their amended memorandum of costs on November 17, 2020. Plaintiffs' entitlement to their costs is then presented to the Court for decision when D...
2020.12.10 Motion to Strike 105
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.10
Excerpt: ... to file and prosecute her Cross-Complaint against him in Wilt v. Solomon (Alameda County Superior Court Case No. RG16841079) (McGuinness, J.). The underlying case apparently involved a dispute arising out of work that Wilt and non-party Daniel Berko performed for Solomon in other litigation. The Cross- Complaint filed by Solomon asserted that Wilt was liable to her because he contributed to her failure to file a certain action prior to the runni...
2020.12.08 Motion for Summary Judgment, Adjudication 311
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.08
Excerpt: ...sult of the administering of an injection in her left buttock by nurse Jennifer Ear on June 7, 2018. Plaintiff alleges that she presented to the Castro Valley Family Medicine Department on that day because she had been experiencing headaches and dizziness. On that day, Plaintiff was accompanied by her friend, Kiniya Davis. Dr. Mehta examined Plaintiff and diagnosed her with a migraine. Dr. Mehta prescribed two injections. The first injection was ...
2020.12.03 Motion for Summary Adjudication 187
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.03
Excerpt: ... Received. The County contends that Defendant received a substantial overpayment of her CalWORKs benefits from 2015 to 2017 because she misrepresented the level of income she and others in her household received in reports submitted to the County under penalty of perjury. The County also contends that Defendant received an "overissuance" of her CalFresh benefits for the same reason. The County made the determination in late 2017. Defendant exerci...
2020.12.03 Motion for Leave to File FAC 094
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.12.03
Excerpt: ... though the two pleadings are based on the same general factual allegations. Plaintiffs propose to withdraw the declaratory relief claims and to replace them with several contract and tort claims. Plaintiffs also propose joining Newpark Mall's leasing agent and property manager, Brookfield Properties Retail, Inc., as a defendant in the First Amended Complaint. The Court will not recite all of the facts or summarize the procedural history of this ...
2020.11.19 Motion for Summary Judgment 349
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.11.19
Excerpt: ...20. The hearing did not proceed on the original date of February 20, 2020, because Defendants made alternative arguments based on the application of German law, California law, and New Hampshire law. The Court ordered counsel for Plaintiff and Defendants to meet and confer regarding choice of law. The Court indicated that if the attorneys could not agree on choice of law, it would conduct an evidentiary hearing to determine which jurisdiction had...
2020.11.12 Motion for Reconsideration 848
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.11.12
Excerpt: ...t made a prima facie showing that Plaintiff had no noticeable damage as of March 29, 2019, after her last visit to Highland Hospital on February 11, 2019. The Court's finding was based on the testimony of Defendant's expert, Christopher Petrush, D.D.S. There is no apparent inconsistency. The Court's order leaves open the possibility that Plaintiff sustained damage to her teeth after March 29, 2019. The Court acknowledges that Plaintiff submitted ...
2020.11.05 Motion to Strike Punitive Damages 354
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.11.05
Excerpt: ...med a tubal ligation on her after the delivery of her baby, even though she allegedly made clear that he was to do so only if the baby was determined to be healthy. The allegations considered by the court of appeal in Grieves were suggestive of negligence at most. The court held that the trial court erred, however, because it should have given the plaintiff an opportunity to cure the defects cited in the demurrer by alleging that the doctor was l...
2020.10.29 Motion for Summary Judgment, Adjudication 042
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.29
Excerpt: ...nsporting Leobardo Lopez to the hospital struck another vehicle at or near the intersection of Telegraph Avenue and 45th Street, in Oakland, on August 28, 2017. Ubaldo Lopez, who was riding in the back of the ambulance with his father, also sustained injuries even though he was wearing a seat belt. The evidence before the Court indicates that Plaintiffs retained attorney Brian L. Larsen's firm in September 2017. The evidence before the Court also...
2020.10.29 Motion for Summary Judgment 605
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.29
Excerpt: ...s as African American. Plaintiff alleges that African American employees generally are treated worse than employees of other races at Berkeley Unified School District. The operative First Amended Complaint was filed on April 5, 2018. Plaintiff's First Cause of Action against Defendants is for discrimination on the basis of race. Plaintiff's Second Cause of Action against Defendants is for retaliation. Plaintiff alleges that Defendants were not au...
2020.10.27 Motion to Compel Further Responses 535
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.27
Excerpt: ...ies of any communication that any attorney, including Plaintiff's counsel, sent to her regarding the claims set forth in the First Amended Complaint. The Court does not agree with Plaintiff's claim that the records are not relevant to the subject matter of this case. See CCP § 2017.010; and Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546. Furthermore, as Defendant is seeking only communications the preceded the retention of counsel b...
2020.10.13 Demurrer 771
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.13
Excerpt: ...the driver of the truck pulled the rig away from the loading dock. Mr. Ochoa fell and sustained serious injuries. In Plaintiff's supplemental opposition to the demurrer, dated August 26, 2020, counsel acknowledges that TQL could not have been the employer of the driver. Defendant's demurrer to Plaintiff's subrogation claim based on the forum selection clause in the contract between TQL and Best Express Foods, Inc. is OVERRULED. Defendant's argume...
2020.10.13 Demurrer 494
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.13
Excerpt: ...uphill from Plaintiff's property and runs under Melvin Road. The storm drain failures caused a large volume of water, mud and debris to flow down the hillside onto Plaintiff's property. Plaintiff claims that the failures were caused by the City's failure to maintain it properly. Plaintiff presented timely tort claims after each incident. After the first tort claim was presented, the City retained a third- party claim adjuster to work with Plainti...
2020.10.06 Demurrer 152
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.06
Excerpt: ...991) 2 Cal.App.4th 153, 157. Plaintiff alleges that Defendant and his mother Tiffany Brown made misrepresentations of fact in order to induce her to execute documents purporting to relinquish guardianship of the couple's son, Jacoby. Plaintiff alleges that Defendant and his mother told her that the document was necessary so that Defendant's mother could take Jacoby to doctor's appointments in Texas while the couple was working to find housing in ...
2020.10.01 Motion to Submit Claim of Arbitration and Stay Action 468
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.10.01
Excerpt: ...e Court that the arbitration provision found in paragraph 18 is identical to the provisions in the Employment Agreements executed by all of the shareholders of AEBP, including its President, Dr. Sasu. Plaintiff Green was invited to join as a shareholder in 2016. In 2018, the nine other shareholders of AEBP agreed to end the shareholder agreement with Plaintiff due to performance issues. Plaintiff has not met her burden of showing that the arbitra...
2020.09.29 Motion to Compel Arbitration 683
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.29
Excerpt: ...liability insurer for $15,000. Plaintiff then filed the instant case against his own insurer, GEICO, on October 10, 2019, seeking a recovery under the underinsured motorist clause of his automobile policy. The Court has reviewed the arbitration agreement in Plaintiff's automobile policy. The clause states that if Plaintiff and GEICO are not able to agree on the contractual damages owed by GEICO, if any, then the parties have the right to demand t...
2020.09.29 Motion for Summary Judgment 848
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.29
Excerpt: ...Hospital on February 11, 2019. Plaintiff contends that she was ultimately hospitalized as a result of the damage to her tooth caused by the hygienist, and that her ability to book modeling jobs has been adversely affected by the condition of her teeth. Plaintiff claims that she will sustain damages in the sum of $2.3 million when future loss of earning capacity is taken into account. In support of its motion, Defendant Alameda Health System has s...
2020.09.24 Motion to Compel Mental Exam 467
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.24
Excerpt: ...posing a "vague mental exam without any advance protections," is without basis. Dr. Filoteo has outlined in some detail the topics of his interview of Plaintiff and the tests he intends to administer during the examination that will not last longer than eight (8) hours. Plaintiff's request that he be accompanied by his attorney during the examination is denied. See CCP § 2032.530(b); and Golfland Entertainment Centers, Inc. v. Superior Court (20...
2020.09.22 Motion for Judgment on the Pleadings 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.22
Excerpt: ...ins with the observation that this is a pleading challenge and that all properly pled facts must be accepted as true even if they appear to be implausible. See Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967. The Court must take into consideration only facts that appear in the Complaint and those that must be judicially noticed. See CCP § 438(d). Plaintiff filed his Complaint on October 11, 2019. The Complaint includes eighteen (18) ...
2020.09.22 Demurrer 924
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.22
Excerpt: ... this instance. Although the Court ordered the parties to comply with their meet-and-confer obligations in its order of July 30, 2020, counsel simply filed a three-page "stipulation" on August 20, 2020 indicating that they had complied for the pending motion of Defendants for judgment on the pleadings as to Plaintiff's Complaint and the demurrer and motion to strike filed by Cross-Defendant to the Cross-Complaint. The obligation of parties to mak...
2020.09.15 Motion for Preliminary Injunction 869
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.15
Excerpt: ...ssistance of deaf and hard-of-hearing persons. DCARA provides social services, independent living skills, employment training, job placement, interpreting and text translation. There are approximately 10,000 deaf and hard-of- hearing individuals in the Bay Area who receive services from DCARA. Plaintiff has approximately 40 to 45 employees. The facts presented by Plaintiff and Defendants are largely consistent. In February 2019, DCARA Board Presi...
2020.09.15 Demurrer 579
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.09.15
Excerpt: ... Supply, Inc. is a roofing company incorporated in 2007. Defendants Chang Ho Ahn and Young S. Ahn are the owners of Premier Roofing Supply. The individual defendants more recently formed Pacific Equipment and Supply, Inc. to engage in the business of distributing or reselling Plaintiff's ladder lifts in the United States pursuant to the parties' distribution agreement. The Court is familiar with Plaintiff's claims and allegations. On December 12,...
2020.08.31 Motion for Attorney's Fees 228
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.08.31
Excerpt: ...us so-called lemon law cases filed by attorneys throughout California. This case was not much different than the vast majority of them. The initial trial date in December 2017 was vacated when counsel gave the Court notice that their clients had settled the dispute in November 2018. The notice was apparently premature. Several compliance hearings were set and then continued while counsel for Plaintiff and Defendant attempted to reach a final agre...
2020.08.27 Demurrer 275
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.08.27
Excerpt: ...of action in the Cross-Complaint on October 30, 2018. The Court does not agree with Cross-Defendant's argument that the City of Oakland's determination on Cross- Defendant's appeal of the violation renders the claim invalid as a matter of law. Cross-Complainant alleged that the contract was breached by Cross-Defendant's illegal conduct that violates both the laws of the City of Oakland and the State of California. The Court is required to constru...
2020.08.25 Motion for Attorney's Fees 228
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.08.25
Excerpt: ...ous so-called lemon law cases filed by attorneys throughout California. This case was not much different than the vast majority of them. The initial trial date in December 2017 was vacated when counsel gave the Court notice that their clients had settled the dispute in November 2018. The notice was apparently premature. Several compliance hearings were set and then continued while counsel for Plaintiff and Defendant attempted to reach a final agr...
2020.08.18 Motion to Compel Deposition 935
Location: Alameda
Judge: Pulido, Stephen
Hearing Date: 2020.08.18
Excerpt: ...r the parties stipulated in the federal lawsuit to dismiss the state law claims without prejudice. In the federal lawsuit, Defendants' attorney took Plaintiff's deposition in 2016. Plaintiff correctly notes that natural persons are subject to only one deposition during the pendency of the case. See CCP § 2025.610(a). In certain cases, however, the Court is authorized to allow the parties to take a second deposition of an individual based on a sh...

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