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Location: Alameda x
Judge: Markman, Michael x
2020.02.25 Motion to Compel Further Compliance 261
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.25
Excerpt: ...nt's Motion for Terminating Sanctions is DENIED. Defendant's Motion for Monetary Sanctions of $3,060.00 is GRANTED. IT IS FURTHER ORDERED THAT sanctions in the amount of $3,060.00, in addition to the $1,500.00 in sanctions previously ordered by the Court, is payable by Plaintiff to Defendant. This action arises from a traffic accident between Plaintiff and Defendant on February 5, 2019 in Oakland, in which Plaintiff alleges that he has dash camer...
2020.02.25 Motion for Leave to Amend Complaint 109
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.25
Excerpt: ... the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 1...
2020.02.25 Demurrer 386
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.25
Excerpt: ... Reverse Mortgage and MTC (collectively, "Defendants") alleging various causes of action arising from Defendants' handling of his spouse's reverse mortgage for property located in Hayward, California (the "Property") after the death of his spouse, asserting that Defendants improperly recorded a Notice of Default and improperly undertook a non-judicial foreclosure. Plaintiff asserts claims of breach of contract, breach of the implied covenant of g...
2020.02.25 Motion for Summary Adjudication 872
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.25
Excerpt: ...ly yelled profanities and threats to her face before releasing the door. Plaintiff later reported the alleged assault to the BART station attendant, but no action was taken by the attendant or the BART police against DOE 1. STANDARD OF LAW "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).) "A party may move...
2020.02.18 Motion to Consolidate Actions 612
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.18
Excerpt: ...y." (CCP § 1048(a).) Plaintiff Lahoma Jackson ("Jackson") filed this action on April 11, 2019 against Umegboh, alleging that on April 12, 2018, she fell out of her wheelchair while being transported in a van. On April 12, 2019, Jackson and Peggy Hardy filed a complaint against George King and Donna King alleging injuries for a rear-end motor vehicle collision that took place on April 18, 2017. In both complaints, Jackson claims she was thrown ou...
2020.02.18 Motion for Judgment on the Pleadings 746
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.18
Excerpt: ...Defendants based upon an alleged agreement (the "Agreement") by Defendants to settle their disputes with Plaintiffs for $4,500,000.00 during a September 10, 2019 mediation to resolve Private Attorney Generals Act of 2004 ("PAGA") claims asserted in Hadley v. California Logistics, Inc., Case No. 18 CMCV 00022, Ortega v. Michigan Logistics, Inc., Case No. BC 720954, and Simmons v. California Logistics, Inc., Case No. RG17863988, as well as claims a...
2020.02.04 Motion to Compel Deposition, for Monetary Sanctions 278
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ...ment that LJ Jennings and Karen Jennings appear for deposition on the same date. Plaintiff brought this action against Defendants Kingdom Builders Christian Fellowship Ministries ("Kingdom Builders"), LJ Jennings, and Karen Jennings based upon a claim that Kingdom Builders breached a commercial lease agreement for a property located in Oakland, California (the "Property"), and LJ Jennings personally guaranteed payment of all delinquent rent oblig...
2020.02.04 Motion for Summary Judgment, Adjudication 364
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ...cation 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 action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owe...
2020.02.04 Motion for Extension of Deadline to Serve Expert Witness Information 109
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ...t production included 80,000 responsive emails and attachments, which were not previously produced. Plaintiffs state that these emails contain historic financial information, which Plaintiffs assert are relevant to their damages calculation. Plaintiffs contends its experts need to review and incorporate the newly-discovered information into their expert opinions on damages. Plaintiffs requested that the deadline be extended to January 29, 2020 (w...
2020.02.04 Motion to Quash Deposition Subpoenas 081
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ... Sacramento, Paul Blanco's Good Car Company Stockton, Paul Blanco's Good Car Company Reno, and Paul Blanco's Good Car Company Las Vegas, and Paul Blanco's (collectively, "Defendants") Motion to Quash Deposition Subpoenas for Production of Business Records is GRANTED. Defendants seek an order quashing ten deposition subpoenas for production of business records (collectively, the "Subpoenas") propounded by Plaintiff The People of the State of Calif...
2020.02.04 Motion to Stay Civil Proceeding Pending Expiration of Statute of Limitations 081
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ... Sacramento, Paul Blanco's Good Car Company Stockton, Paul Blanco's Good Car Company Reno, and Paul Blanco's Good Car Company Las Vegas, and Paul Blanco's (collectively, "Defendants") Motion to Stay Civil Proceeding Pending Expiration of Statute of Limitations is DENIED. Defendants' Motion to Stay the Taking of Any Discovery Against Defendants is DENIED. Defendants ask the Court for an order staying this action until the expiration of any applica...
2020.02.04 Motion to Strike Answer 081
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ...ter 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 order of the court." (CCP § 436.) Plaintiff seeks an order striking Defendants Paul Blanco's Good Car Company Auto Group, Paul Blanco Management Company, Paul Blanco Insurance Agency, Inc., Paul Blanco Vehicle Registration, Paul Blanco's Good Car Company Bakersfield, Paul Blan...
2020.02.04 Motions to Seal Portions of Declaration 364
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.02.04
Excerpt: ...le 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [...
2020.01.28 Motion to Consolidate Actions 100
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.28
Excerpt: ...9032246 ("Macias Action"), and Gallagher Basset Services, Inc., et al. v. Domingo Antonio Doroteo, et al., Alameda County Superior Court, Case No. RG19034930 ("Gallagher Action"). IT IS FURTHER ORDERED THAT all future filings shall be in this action, Yolanda Reyes Lopez, et al. v. Domingo Antonio Doroteo, et al., Alameda County Superior Court, Case No. RG19030100. "When actions involving a common question of law or fact are pending before the cou...
2020.01.28 Motion to Compel Further Responses 165
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.28
Excerpt: ...ation regarding two garment pieces identified in AFA's Proposition 65 Notice by style number since the notices also broadly identify all items manufactured of the same material as the two identified garment pieces. Specifically, the notices state under "Types of Products": "The specific types of products causing the violations are various pieces of uniform apparel. These include, but are not limited to, the following listed items and items manufa...
2020.01.28 Motion for Leave to File Amended Complaint 453
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.28
Excerpt: ... than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit ame...
2020.01.28 Motion for Judgment on the Pleadings 439
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.28
Excerpt: ...e pleadings." (CCP § 438(b)(1).) A defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alleged in the 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).) "The grounds for [the] motion . . . shall appear on the face of the challenged pleading or...
2020.01.28 Motion for Approval of Settlement 744
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.28
Excerpt: ...rneys General Act of 2004 ("PAGA") (Lab. Code § 2698 et seq.). Plaintiff's attorney represented that a copy of this motion was transmitted to the LWDA on October 4, 2019. (Declaration of David Mara ["Mara Dec."] ¶ 14, Exs. 2- 3.) The LWDA has not appeared in this action to offer comments on, or objections to, the proposed settlement. STANDARD OF LAW Representative litigants must submit any settlement of a PAGA representative action for Court ap...
2020.01.21 Motion to Quash Service 082
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.21
Excerpt: ..." (CCP § 418.10(a).) "When a defendant challenges the court's personal jurisdiction on the ground of improper service of process 'the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.'" (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413.) Further, "[t]he court may . . . on motion of either party after notice to the other party, set aside any void judgment ...
2020.01.21 Motion to File Amended Complaint171
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.21
Excerpt: ...r a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of ...
2020.01.21 Motion for Summary Judgment, Adjudication 642
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.21
Excerpt: ...e is no defense to the action or proceeding." (CCP § 437c(a)(1).) "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 action, that there is no merit to an affirmative defense as to any cause of ...
2020.01.07 Motion to Deny Class Certification 171
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.07
Excerpt: ...fendants assert was a breach of her fiduciary obligations to the putative class. Plaintiff brought this action against Defendants on January 17, 2017 alleging various wage and hour violations. Shortly thereafter, on April 10, 2017, Plaintiff settled claims against AEG Management Oakland, LLC ("AEG"). Defendants contend AEG is a joint employer of Plaintiff along with Defendants. (Declaration of Michael R. Minguet ["Minguet Dec."], Ex. A.) The curr...
2020.01.07 Motion to Approve PAGA Settlement 040
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.07
Excerpt: ...ant to the California Labor Code Private Attorneys General Act ("PAGA"), Labor Code section 26999(1), (2). Plaintiff provides evidence that she served Defendants with a letter dated January 3, 2019 ("PAGA letter"), providing notice of alleged violations of Labor Code provisions with regard to Plaintiff, who was employed by Defendants as an resident apartment manager from February 3, 2018 to November 16, 2018. The letter also provides notice of vi...
2020.01.07 Motion for Leave to File Complaint 135
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.07
Excerpt: ... the date of this Order. The trial date is VACATED and a further case management conference is set for March 10, 2020 for trial setting. "A party against whom a cause of action has been asserted in a complaint or cross- complaint may file a cross-complaint setting forth . . . [a]ny 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 h...
2020.01.07 Motion for Attorney's Fees 645
Location: Alameda
Judge: Markman, Michael
Hearing Date: 2020.01.07
Excerpt: ...he Court on noticed motion pursuant to Civil Code section 1794(d). The court agrees with both parties that the lodestar method of calculating Plaintiff's recoverable attorney's fees must be used. (Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817-819.) Under the lodestar method, the award of attorney's fees is calculated based on the reasonable hourly rate for Plaintiff's counsel multiplied by the hours th...

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