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206 Results

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Location: Alameda x
Judge: Spain, Julia x
2020.08.05 Motion for Judgment on the Pleadings 318
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.08.05
Excerpt: ...Cal Physicians' Servs. (2000) 81 CalApp.4th 39, 43. The motion must be overruled if the factual allegations ... state a cause of action under any possible legal theory, regardless of the causes of action set forth in the complaint itself. Wolfe v. State Farm (l996) 46 Cal.App.554, 559. All facts are to be construed in the light most favorable to plaintiff. Perdue v. Crocker Nat'l Bank (l985) 38 Ca.3d 913, 922. But allegations which express mere c...
2020.07.30 Motion to Substitute Person Representative 111
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.30
Excerpt: ...to expunge the notice." (CCP § 405.30.) "The claimant shall have the burden of proof[.]" (Id.) "[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim." (CCP § 405.31.) "Real property claim" means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) th...
2020.07.29 Motion to Transfer Venue 491
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.29
Excerpt: ...osing 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 general venue statute states that "[e]xcept as otherwise provided by law and subject to the power of the court to transfer actions or proceedings . . . the superior court in the county where the defendants or ...
2020.07.29 Motion for Leave to File Complaint 906
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.29
Excerpt: ...e complaint or cross-complaint against him[;] [and/or] (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy w...
2020.07.29 Motion for Leave to File Complaint 825
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.29
Excerpt: ...l. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment." (Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 76...
2020.07.23 Petition to Vacate Arbitration Award 144
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.23
Excerpt: ...nt Comerica Bank brings this Petition to Vacate Arbitration Award on the grounds that the arbitrator in this action (hereinafter "Arbitrator") made material omissions and misrepresentations in the initial disclosures and continuing disclosures he was required to provide to the parties as to any grounds for disqualification in violation of California's legal disclosure rules set forth in the California Arbitration Act, California's Ethics Standard...
2020.07.23 Motion to Strike 834
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.23
Excerpt: ...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 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...
2020.07.23 Motion to Compel Production of Docs, for Monetary Sanctions 802
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.23
Excerpt: ...produce responsive documents pursuant to that Request for Production of Documents. Plaintiff states that PPILP initially responded to this discovery on April 29, 2019 by objecting to every request on the grounds of lack of jurisdiction over PPILP and asserting that the requests are overly broad and burdensome and not reasonably calculated to lead to the discovery of relevant, admissible evidence. PPILP produced no documents. Plaintiff states that...
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 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...
2020.07.22 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...
2020.07.16 Motion to Compel Production of Docs 802
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.16
Excerpt: ...produce responsive documents pursuant to that Request for Production of Documents. Plaintiff states that PPILP initially responded to this discovery on April 29, 2019 by objecting to every request on the grounds of lack of jurisdiction over PPILP and asserting that the requests are overly broad and burdensome and not reasonably calculated to lead to the discovery of relevant, admissible evidence. PPILP produced no documents. Plaintiff states that...
2020.07.15 Motion to Quash Subpoena 142
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.15
Excerpt: ...CP § 1005(b) ["All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing."].) Morgan and his counsel are admonished to comply with filing deadlines in all future filings. STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those ...
2020.07.15 Motion to Approve Proposition 65 Settlement 311
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.15
Excerpt: ..."ppb") average acrylamide concentration by weight will satisfy the Office of Environmental Health Hazard Assessment's ("OEHHA") No Significant Risk Level ("NSRL") of 0.2 µg/day of acrylamide for cancer and Maximum Allowable Dose Level ("MADL") of 140 µg/day of acrylamide for reproductive toxicity for the products at issue. (See https://oehha.ca.gov/proposition-65/chemicals/acrylamide.) There was no explanation in the Motion or the [Proposed] Co...
2020.07.15 Motion for Fee Award and Final Judgment 186
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.15
Excerpt: ...against Defendant-in-Interpleader Old Depot Public House, Inc. ("Old Depot") and Rebecca Boyles ("Ms. Boyles") (collectively, "Respondents") and Respondents' counsel, H. Paul Bryant. The arbitrator had awarded Spirit Wolf $140,000 in damages. In addition, the arbitrator awarded $105,572.00 in fees and $20,502.57 in costs, as well as additional arbitration fees in the amount of $2,970.00. Finally, the arbitrator granted Spirit Wolf's motion for sa...
2020.07.09 Motion to Strike 003
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.09
Excerpt: ...efendant until June 26, 2020. (Cal. Civ. Proc. Code § 1005(b) ["All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing."].) Thus, Plaintiffs' opposition was untimely and shall not be considered. However, even if the Court considered Plaintiffs' opposition, the Court's ruling would remain the same. STANDARD OF LAW "The court may, upon a motion . . . o...
2020.07.09 Motion for Attorney's Fees 919
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.09
Excerpt: ...ed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." (Cal. Civ. Code § 1794.) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover cos...
2020.07.09 Demurrer 003
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.09
Excerpt: ...ction for liability for negligence of public employee, Third Cause of Action for dangerous condition of public property, and Fourth Cause of Action for abatement of public nuisance on the grounds that Plaintiffs have not pleaded sufficient facts to state these causes of action pursuant to the Government Code. Defendant also demurs to these causes of action on the grounds that it is immune from liability pursuant to the Government Code. STANDARD O...
2020.07.08 Motion to Strike 211
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.08
Excerpt: ... after it assumed ownership of the subject property during which defendant FPI continued as the property manager and Plaintiffs contention that they are aware of specific facts which could be alleged so as to sustain an exemplary damages claim and inasmuch as this is Defendant Priya Harbert's first Motion to Strike, the motion to strike exemplary damages is GRANTED WITH LEAVE TO AMEND as to defendant Priya Harbert. STANDARD OF LAW "The court may,...
2020.07.08 Motion to Approve Proposition 65 Settlement and Consent Judgment 311
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.08
Excerpt: ..."ppb") average acrylamide concentration by weight will satisfy the Office of Environmental Health Hazard Assessment's ("OEHHA") No Significant Risk Level ("NSRL") of 0.2 µg/day of acrylamide for cancer and Maximum Allowable Dose Level ("MADL") of 140 µg/day of acrylamide for reproductive toxicity for the products at issue. (See https://oehha.ca.gov/proposition-65/chemicals/acrylamide.) There was no explanation in the Motion or the [Proposed] Co...
2020.07.02 Motion for Sanctions 109
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.07.02
Excerpt: ...of this Order, Omni shall file and serve a declaration setting forth the reasonable attorney's fees and costs it incurred to attend the mandatory settlement conference and prepare this Motion as well as a proposed order awarding sanctions. The amount of the sanctions to be awarded remains within the Court's discretion. As a threshold issue, while Plaintiffs' opposition and Omni's reply brief were both untimely filed, the Court shall consider all ...
2020.06.24 Motion to Expunge Lis Pendens 897
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.06.24
Excerpt: ...reby, may apply to the court in which the action is pending to expunge the notice." (CCP § 405.30.) "The claimant shall have the burden of proof[.]" (Id.) "[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim." (CCP § 405.31.) "Real property claim" means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or ...
2020.06.24 Motion to Stay Action 057
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.06.24
Excerpt: ...ent tools available to trial courts, including the inherent authority to stay an action when appropriate . . . can overcome problems of simultaneous litigation if they do occur." (Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal. 4th 739, 758.) Plaintiff Jose Carmelo Castillo ("Plaintiff") filed this action on March 4, 2020, asserting claims of breach of contract, as well as a claim for violation of California Insurance Cod...
2020.06.18 Motion for Judgment on the Pleadings 006
Location: Alameda
Judge: Spain, Julia
Hearing Date: 2020.06.18
Excerpt: ...he complaint[;] [or] (ii) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant." (CCP § 438(c)(1)(B).) "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue ...
20209.08.06 Motion to Compel Deposition Responses 087
Location: Alameda
Judge: Spain, Julia
Hearing Date: 20209.08.06
Excerpt: ... to Deposition Questions is continued to September 10, 2020 at 2pm in Dept. 520. The parties shall provide the court with a written progress report regarding their discussions and any possible stipulation not less than 7 days prior to the continued hearing date. If the parties reach an agreement, the hearing will be dropped. If not, the hearing will proceed on the pleadings already submitted. The court recognizes that plaintiff Ulloa contends he ...

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