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417 Results

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Location: Alameda x
Judge: Kaus, Stephen x
2020.08.31 Demurrer, Motion to Strike 419
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.31
Excerpt: ...trong admonition that if the defects identified in Defendant's motion and in this order are repeated, the court is unlikely to allow further amendment. Plaintiff is urged to seek legal counsel. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, September 1, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday August 28, 2020,...
2020.08.31 Demurrer 825
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.31
Excerpt: ...n Friday August 28, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. If not timely contested, and the ten...
2020.08.26 Demurrer 343
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.26
Excerpt: ...er 1, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, August 25, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Plaintiff allege that he was injured at the City of Berkeley Transfer Station on November 21, 2018. The injury apparently was caused by "two men in the truck" and invo...
2020.08.25 Motion to Disqualify Counsel 556
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.25
Excerpt: ...the parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the parties' respective motions. Defendants Global Quality Foods, Inc. et al's ("Defendants") Motion to Disqualify plaintiff Dzung Nguyen's ("Plaintiff") attorney H. Paul Bryant is GRANTED. Defendants have established that ...
2020.08.25 Motion for Preliminary Approval of Class Action Settlement 110
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.25
Excerpt: ...ssed the Court's concerns. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 25, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 p.m. on Friday, August 21, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will m...
2020.08.25 Demurrer, Motion to Strike 354
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.25
Excerpt: ... parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the Demurrer and Motion to Strike. The Court SUSTAINS IN PART and OVERRULES IN PART Defendant's Demurrer as set forth below. The Court DENIES Defendant's Motion to Strike in its entirety as set forth below. Plaintiff's Complai...
2020.08.24 Demurrer, Motion to Strike 283
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.24
Excerpt: ...sing out of a "trip-and-fall" personal injury to Plaintiff outside of a Safeway supermarket on Shattuck Avenue in Berkeley, California. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 25, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday, August 21, 2020, the contesting party must email [email protected]....
2020.08.24 Application for Right to Attach Order, for Issuance of Attachment 214
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.24
Excerpt: ...e of the hearing. In order to facilitate discussions at the hearing, the Court issues the following Tentative Ruling. The Application for RAO is DENIED WITHOUT PREJUDICE. Plaintiff has not established the "probable validity" of its claims against defendant Indigo Dye Group Corp. ("Defendant"). LAW RE: ISSUANCE OF RIGHT TO ATTACH ORDERS Attachment is a prejudgment remedy pursuant to which an alleged creditor's right to obtain a Right to Attach Ord...
2020.08.19 Motion to Disqualify Counsel 556
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.19
Excerpt: ...he parties to participate in the hearing via Bluejeans in advance of the 8/25/2020 hearing date. In order to facilitate the discussion at the 8/25/2020 hearing, the Court provides the following substantive Tentative Ruling on the parties' respective motions. Defendants Global Quality Foods, Inc. et al's ("Defendants") Motion to Disqualify plaintiff Dzung Nguyen's ("Plaintiff") attorney H. Paul Bryant is GRANTED. Defendants have established that a...
2020.08.10 Motion for Judgment on the Pleadings 927
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.10
Excerpt: ... PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday, August 7, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using t...
2020.08.05 Motion for Leave to File Amended Complaint 122
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.05
Excerpt: ...on Tuesday August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday , August 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advi...
2020.08.05 Demurrer 081
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.05
Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, August 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a ...
2020.08.04 Motion for Relief of Deemed Admissions 730
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.04
Excerpt: ...hibits A and B to Defendant's joint declaration. However, the Court finds that Defendants unreasonably delayed in bring this Motion. Therefore, the Court ORDERS Defendants to pay Plaintiff's actual costs and legal fees incurred by Plaintiff for the preparation and filing of Plaintiff's Motion for Summary Judgment or, in the alternative, Summary Adjudication filed on 5/1/2020 in this action (the "MSJ/MSA"). The Court instructs Plaintiff at or befo...
2020.08.03 Motion for Summary Judgment, Adjudication 774
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.03
Excerpt: ...ff and defendant Peet's Coffee & Tea, LLC ("Peets") in opposition to the MSJ/MSA present evidence sufficient to create triable issues of material fact regarding whether defendant TGLG, Inc. dba Bloomin' Blinds ("TGLG") was an agent of Defendant as of 10/27/2016 when TGLG last serviced the at-issue window shade. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 4, 2020 at 9:00 a.m...
2020.08.03 Motion for Preliminary Approval of Class Action Settlement 110
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.08.03
Excerpt: ...16/2020 hearing date. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 4, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 p.m. on Friday, July 31, 2020 contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most like...
2020.07.29 Motion for Leave to File Amended Complaint 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.29
Excerpt: ...will be conducted on Wednesday July 29, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday, July 24, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the ...
2020.07.28 Motion to Continue Stay of Proceedings 490
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.28
Excerpt: ...t. (2020) 9 Cal.5th 279 regarding whether Defendants are entitled to a jury trial, would accommodate the ends of justice or promote the orderly conduct of these proceedings. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141.) As plaintiff People of the State of California ("Plaintiff") states in Opposition, Defendants' requested continued stay differs from the previous stay granted by the Court during the pendency of Plaintiff's appeal in the California...
2020.07.28 Demurrer 949
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.28
Excerpt: ... conducted on Tuesday, July 28, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, July 21, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court w...
2020.07.27 Motion for Final Approval of Class Action Settlement, for Attorneys' Fees 043
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.27
Excerpt: ...6 days either prior to the current 7/27/2020 hearing date or the continued 8/31/2020 hearing date. The Court was unable to find any proof of service or evidence of that Plaintiffs have provided proper notice of the final approval hearing on the LWDA. The Court ORDERS Plaintiffs to file a supplemental declaration and/or proof of service at least five (5) days in advance of the continued 8/31/2020 hearing date, evidencing timely service of the Moti...
2020.07.22 Demurrer 949
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.22
Excerpt: ... conducted on Tuesday, July 28, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, July 21, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court w...
2020.07.21 Motion to Quash or Modify Subpoenas for Medical Records 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...
2020.07.21 Motion to Quash or Modify Subpoenas 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...2676935. The Court will advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that produ...
2020.07.21 Motion for Leave to File Amended Complaint 253
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...milar, they are based on Labor Code violations separate and distinct in time. In Reply, Plaintiffs present no evidence to support a finding that the respective claims against each employer defendant are properly joined in a single action. Nevertheless, the Court grants Plaintiffs leave to file and serve a renewed Motion if Plaintiffs believe they can present evidence showing that it would be appropriate to join both employer defendants in a singl...
2020.07.21 Demurrer 288
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.21
Excerpt: ...ividuals was a "direct consequence" of Plaintiff's discharge of his duties as an officer, director and employee of defendants Fabricated and CCKX. Plaintiff may file and serve a Second Amended Complaint no later than Friday, August 7, 2020. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, July 21, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LA...
2020.07.20 Motion to Quash or Modify Subpoenas 540
Location: Alameda
Judge: Kaus, Stephen
Hearing Date: 2020.07.20
Excerpt: ... advise the parties of the manner in which the hearing will be conducted in advance of the hearing. The Court provides the following discussion in order to advise the parties of the Court's tentative positions with respect to the Motions. THE MOTION TO QUASH The Court is inclined to grant the Motion to Quash on the following terms. The Court finds that Plaintiff's privacy interests in her medical records are such that production of her medical re...

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