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Location: Alameda x
Judge: Lee, Jo-Lynne x
2021.10.05 Motion to Compel Further Responses 667
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.05
Excerpt: ...October 25, 2021, consistent with this Order. An initial hearing was conducted on 9/9/2021. Following that hearing, the Court issued an Order advising that RFPDs Nos. 7 and 16 were overbroad as drafted and advising the parties to meet and confer further regarding attempts to appropriately narrow the RFPD. The Court set a second hearing for the Motion to Compel and Ordered the parties to submit a joint statement regarding any agreements reached in...
2021.10.05 Motion for Preference 644
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.05
Excerpt: ...which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that sa...
2021.10.01 Motion to Strike or Tax Costs 783
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.01
Excerpt: ...hall have as costs of suit against Defendant the total amount of $3,613.25. STANDARD OF LAW A prevailing party may recover costs under California law. (See CCP § 1032(a)(4).) "Prevailing party" includes "a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwis...
2021.10.01 Demurrer 440
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.10.01
Excerpt: ...2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleg...
2021.09.24 Motion for Summary Judgment, Adjudication 501
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.24
Excerpt: ...able issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "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 ...
2021.09.24 Motion for Summary Judgment 699
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.24
Excerpt: ... False Representation and Fourth Cause of Action for Intentional Tort and also on the FAC's claim for punitive damages. The Court elects to treat URI's Motion for Summary Judgment as a Motion for Summary Adjudication ("MSA") for the reasons stated hereinbelow. The Court GRANTS this portion of the Summary Adjudication Motion as unopposed by Plaintiff. The Court GRANTS URI's MSA on the FAC's False Representation and Intentional Tort Causes of Actio...
2021.09.17 Motion to Quash Service of Summons 064
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.17
Excerpt: ...d ("PMQs"), custodians of record ("CORs") or senior executives of Vanderbilt and defendant Kelly-Moore Paint Company, Inc. ("KMPC") However, the Opp. Uchimura Declaration fails to properly authenticate these deposition transcripts, most of them do not contain a signed reporter's certificate to authenticate them and Plaintiff has not included portions of the deposition transcripts establishing that the deponents are PMQs, CORs or senior executives...
2021.09.17 Motion for Summary Judgment, Adjudication 644
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.17
Excerpt: ... 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 owed or did not owe a duty to the plaintiff or plaintiffs." (C...
2021.09.17 Motion for Summary Judgment 969
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.17
Excerpt: ... to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of ...
2021.09.14 Motion for Protective Order 454
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.14
Excerpt: ...ding without limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privil...
2021.09.14 Motion for Protective Order 085
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.14
Excerpt: ...thout limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privilege) .....
2021.09.10 Motion for Preferential Trial 931
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.10
Excerpt: ...ty to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for...
2021.09.10 Motion to Quash Complaint 440
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.10
Excerpt: ...resent evidence establishing that this Court has either general personal jurisdiction or specific personal jurisdiction over M-G AG, a German corporation with principal place of business in Germany. Further, Plaintiff's proposed jurisdictional discovery on the "at least" 12 topics listed at p. 15:10-28 of the Opp. MPA are overly broad and unduly burdensome on their face. Plaintiffs may file and serve a Supplemental Opposition no later than Friday...
2021.09.03 Motion to Set Preferential Trial Date 322
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.03
Excerpt: ...:30 a.m. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the ...
2021.09.03 Motion to Compel Further Responses 667
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.03
Excerpt: ...t the parties have not adequately met and conferred regarding the breadth of the RFPDs such that the issues before the Court can be appropriately narrowed. Plaintiffs' RFD No. 7 seeks "...any DOCUMENTS REGARDING ASBESTOS policies, procedures, or precautionary measures related to YOUR employees or facilities." Plaintiffs' RFD No. 16 requests: "...any DOUMENTS related to ASBESTOS as a hazardous substance." Chevron's amended response served on 8/6/2...
2021.09.03 Motion for Trial Preference 286
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.03
Excerpt: ...nce, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that co...
2021.09.03 Motion for Summary Judgment 644
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.03
Excerpt: ...agent that was lightly sprinkled on sheets of paper as they came off a printing press to keep the pages from sticking together. (Plfs.' Resp. to Def.'s Sep. Stmt. ["PRDSS"] ¶ 2.) Ms. Llamas claims she was exposed in the papermaking process when she cut sheets of paper while binding them. (Id. ¶ 3.) Ms. Llamas also claims that the talc used in the dusting agent in the paper she cut was supplied by Vanderbilt. (Id. ¶ 4.) Vanderbilt propounded di...
2021.09.03 Demurrer, Motions to Strike 490
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.09.03
Excerpt: ...e Motions to Strike challenges the punitive damages allegations and prayer for relief at pp. 30:25-31:14 and 31:20. The Demurrers are SUSTAINED WITH LEAVE TO AMEND; and the Motions to Strike are GRANTED WITH LEAVE TO AMEND IT IS ORDERED THAT Plaintiff shall file and serve an amended complaint no later than Friday, September 17, 2021. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. T...
2021.08.31 Motion to Stay Entire Action 064
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.31
Excerpt: ...nt, you may schedule an appearance. To schedule an appearance, go to the website and click Schedule Now and enter: Case Number Case Name Date of Hearing Time State (enter CALIFORNIA) Judge (enter Jo-Lynne Lee) Participant(s) Appearing Party being represented Select type of hearing Once this information has been entered, you will receive a confirmation page with the dial-in instructions for their remote court appearance. For any questions, contact...
2021.08.31 Motion for Preferential Trial Date 263
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.31
Excerpt: ...ecessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party ...
2021.08.31 Motion for Preference 454
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.31
Excerpt: ...ollowing findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5...
2021.08.27 Motion to Stay Matter 064
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.27
Excerpt: ... to Stay Entire Action. MOTION TO STAY ENTIRE ACTION Amcord asks the Court to exercise its discretion under Code of Civil Procedure sections 128 and 187 to stay this entire action pending resolution of another action in the Third Judicial Circuit, Madison County, Illinois, captioned Douglas R. Hite v. Dap, Inc., et al., Case No. 2021L 000634. Amcord contends that both actions are substantially similar because in both actions Plaintiff claims that...
2021.08.27 Motion for Preference 263
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.27
Excerpt: ... Section 36(a) is DENIED. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The st...
2021.08.25 Motion for Summary Adjudication 303
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.25
Excerpt: ...P § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bear...
2021.08.20 Motion for Summary Adjudication 791
Location: Alameda
Judge: Lee, Jo-Lynne
Hearing Date: 2021.08.20
Excerpt: ... 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 owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Id.) MOTION FOR SUMMARY ADJUDICATION Honeywe...

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