Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

109 Results

Clear Search Parameters x
Location: Alameda x
Judge: McGuiness, Robert x
2019.9.27 Motion for Leave to File Complaint 854
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.27
Excerpt: ...6.10(c), 426.30(a).) Pursuant to Code of Civil Procedure section 426.50, the court is required to grant a motion to plead a compulsory cross-complaint if the party seeking to leave to plead the cross-claim acted in good faith. Section 426.50 also specifically requires the court to liberally construe its provisions to avoid forfeiture of causes of action. Thus, where forfeiture would otherwise result, a motion to file a cross-complaint at any time...
2019.9.27 Motion for Leave to File Amended Answer 081
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.27
Excerpt: ... Code sec. 432.7 from considering an unadjudicated criminal charge or a criminal charge which resulted in acquittal in determining any condition of employment, including hiring. Concentra contends that this new allegation is responsive to Plaintiff's contention that Concentra should have not hired Dr. Hafi, because it knew or should have known that Dr. Hafi was accused of criminal sexual battery following an incident on April 19, 2014, prior to h...
2019.9.24 Motion for Summary Judgment, Adjudication 740
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.24
Excerpt: ...s governed by a Promissory Note, Deed of Trust, and Disposition and Development Agreement ("DDA"). RPII alleges that City of Oakland Redevelopment Successor Agency ("Agency") is the successor to ORA. Plaintiff alleges that the City of Oakland has acted through ORA and Agency with respect to the loan documents. The court will refer to the defendants collectively as "City" unless otherwise indicated. RPII alleges that it intends to sell a percentag...
2019.9.24 Motion for Judgment on the Pleadings 740
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.24
Excerpt: ...sposition and Development Agreement ("DDA"). RPII alleges that City of Oakland Redevelopment Successor Agency ("Agency") is the successor to ORA. Plaintiff alleges that the City of Oakland has acted through ORA and Agency with respect to the loan documents. The court will refer to the defendants collectively as "City" unless otherwise indicated. RPII alleges that it intends to sell a percentage of its ownership interest in the Rotunda Building fo...
2019.9.20 Motion to Strike Punitive Damages 895
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.20
Excerpt: ...by Defendant Baireddy. Plaintiff alleges that Baireddy was employed by Lyft. Plaintiff alleges that Lyft and its officers, directors, and managing agents were negligent in hiring drivers, because they fail to require drivers to attend training and Lyft's background check is inadequate. Plaintiff alleges that Lyft's conducted created a risk of sexual assault for passengers, but it failed to take action to eliminate that risk. Plaintiff alleges tha...
2019.9.20 Motion to File Under Seal 929
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.20
Excerpt: ...Company's Motion to Seal; (4) Declaration of Colin T. Kemp in Support of Victualic Company's Motion to Seal. On September 13, 2019, Victualic lodged the following unredacted documents under seal: (1) Reply Memorandum of Points and Authorities in support of Motion for Protective Order; and (2) Reply Declaration of Colin T. Kemp in support of Motion for Protective Order. On September 9, 2019, Defendants American Home Assurance Company, The Insuranc...
2019.9.20 Motion for Summary Judgment 926
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.20
Excerpt: ... he was instructed to participate in the work. Plaintiffs allege that the work was ultrahazardous. Plaintiff alleges that Defendants failed to take appropriate precautions to protect Plaintiff from dangerous conditions of the premises, including the risks of electrocution and explosion. Plaintiff that he suffered personal injury. Plaintiff alleges that Defendants David Perez and DP Electric and others negligently owned, possessed, operated, contr...
2019.9.20 Motion for Protective Order 929
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.20
Excerpt: ...h the Court of Appeal's Unqualified Reversal. The court's ruling was based on its conclusion that the Court of Appeal's decision was an unqualified reversal, that there was nothing in the decision showing an intent to preserve the court's or the jury's determinations on any of Victualic's sixteen causes of action, and that the jury's verdict on the Fifteenth Cause of Action for Breach of Contract was not entitled to "collateral estoppel" effect. ...
2019.9.20 Motion for Preferential Trial Setting 895
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.20
Excerpt: ...d by it during the commission of a felony and it has not been convicted of any crime in connection with the alleged sexual assault by Defendant Baireddy. (Code Civ. Proc., sec. 37(a).) Assuming the court has discretion to set a preferential trial date for Plaintiff's claims against the Lyft Defendants if a preferential trial date is set for her claims against Defendant Baireddy, the court does not find that this is an appropriate case to do so. L...
2019.9.20 Demurrer 895
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.20
Excerpt: ...r Negligent Hiring, Supervision and Retention is OVERRULED. In this case, Plaintiff alleges that on April 7, 2018, she consumed alcohol with friends and then requested a ride using the digital platform provided by Lyft Defendants. Plaintiff alleges that Defendant Baireddy provided transportation services on behalf of Lyft. Plaintiff alleges that in the course of providing transportation services for Lyft, Defendant Baireddy sexually assaulted her...
2019.9.17 Motion to Compel Binding Arbitration 194
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.17
Excerpt: ... 2017. Plaintiff's supervisor was Defendant Martinez. Plaintiff is an African-American women. Plaintiff alleges that she was subject to harassment based on race and sex in violation of the Fair Employment and Housing Act ("FEHA"), and discrimination based on sex and race in violation of FEHA. Plaintiff alleges that Guess failed to prevent discrimination and harassment in violation of FEHA. Plaintiff alleges that when she complained, Defendants re...
2019.9.13 Motion for Summary Judgment 068
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.13
Excerpt: ...t or omission of its current or former employee, the public entity may recover from the employee the amount of that payment if the employee acted with "actual fraud, corruption, or actual malice". The Regents contend that they had to pay claims against them asserted by four current or former students (collectively, "the four students") who alleged that they were sexually harassed by the Regents' former employee Wentworth. Wentworth first argues t...
2019.9.13 Motion for Summary Adjudication 068
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.13
Excerpt: ...motion is GRANTED. The undisputed facts establish that the Regents did engage in the legally required interactive process with Plaintiff after he first discussed the need for potential accommodations in February 2015. (See the Regents' Separate Statement Facts ("SSF") Nos. 21-93, Plaintiff's response, and the evidence cited in support.) Although Plaintiff purports to dispute many of those SSF, he does not cite any evidence demonstrating that he r...
2019.9.10 Motion for Summary Judgment 897
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.10
Excerpt: ... pursuant to Government Code section 831.4. That section provides that a public entity is not liable for an injury caused by a condition of an unpaved road or a trail that provides access to "recreational or scenic areas". Whether the property on which the injury occurs is a trail depends on a number of considerations, including accepted definitions of the property, the purpose for which the property is designed and used, and the purpose of the i...
2019.9.10 Demurrer 769
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.10
Excerpt: ...est of the real property that is the subject of this action. On September 12, 2014, Plaintiff filed a small claims case against Defendant and Fran Yeganeh (Case No. RG14-740333) in which admitted that he lost title to the subject property to a nonjudicial foreclosure and that he became a tenant of Defendant and Fran Yeganeh in 2012. Those allegations constitute judicial admissions, and Plaintiff is judicially estopped from alleging that he was th...
2019.9.3 Motion to Consolidate or Stay Unlawful Detainer Action 014
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.3
Excerpt: ...proceedings therein as may tend to avoid unnecessary costs or delay." The decision to consolidate is within the broad discretion of the court. (See General Motors Corp. v. Superior Court (1966) 65 Cal.2d 88, 92.) Where one of the lawsuits is an unlawful detainer action, however, the circumstances under which consolidation may be appropriate are limited. An unlawful detainer action is "summary in character ... ordinarily, only claims bearing direc...
2019.9.3 Motion to Compel Further Discovery Responses 554
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.9.3
Excerpt: ...efforts as discussed below. In the opposition papers filed by Defendant FCA US LLC ("FCA") on August 22, 2019, FCA asserts that the motion is moot because, in a letter dated July 17, 2019, it agreed to submit specified search terms into its Customer Assistance Inquiry Records ("CAIR") database and thereafter review and produce responsive, non- privileged records, and that it would also review the pertinent CAIR records to identify the customer as...
2019.8.27 Motion to Reopen Discovery 450
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.27
Excerpt: ...porting memorandum sufficiently supplies such details such that Plaintiff has sufficient notice of the requested relief and the matter is properly before the court. (See Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Further, though the memorandum has a typographical error in referring to the applicable statute, C.C.P. § 2024.050, the first two paragraphs of the argument section identify and quote from that statute, which is sufficient to ad...
2019.8.27 Motion to Compel Responses 161
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.27
Excerpt: ...n Williams ("Defendant") had not served any responses to these interrogatories, despite several reminders that the due date had passed, which resulted in his waiver of any objections to those interrogatories. (See C.C.P. § 2030.290(a).) In his opposition filed on August 14, 2019 (which is not accompanied by a proof of service), Defendant attaches verified responses to the interrogatories, containing objections and incomplete responses. Where res...
2019.8.27 Motion to Compel Further Responses 743
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.27
Excerpt: ...e categories in ruling on the motion. A. Discovery Potentially Relevant to Punitive Damages 1. RFAs The motion is DENIED as to RFAs Nos. 1, 2 and 7-9. Plaintiff International Currency Technologies ("Plaintiff") objected that these RFAs are not reasonably calculated to lead to the discovery of admissible evidence, which the court finds to be a valid objection. The court already excluded evidence of the trademark application and registration based ...
2019.8.27 Demurrer 784
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.27
Excerpt: ...al connection between the negligent conduct and the resulting injury" and the "actual loss or damage resulting from the professional's negligence." (Budd v. Nixen (1971) 6 Cal.3d 195, 200.) As currently pleaded, the cause of action is deficient in at least some of the above respects. Preliminarily, the cause of action does not comply with CRC 2.112, subdivisions (2), (3) and (4), by stating its "nature," the party or parties asserting it, or the ...
2019.8.23 Motion to Deem Vexatious Litigant 807
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.23
Excerpt: ...of Civil Procedure ("C.C.P.") section 391(b), subdivisions (1), (2) and (3). First, the records of which the court takes judicial notice show that Plaintiff, in propria persona, has filed and maintained at least five litigations in the last seven years that have been finally determined adversely to her. (See C.C.P. § 391.1(b)(1); Request for Judicial Notice ["RJN"] filed on June 28, 2019, Exhs. D through V, which is granted; Tokerud v. Capitolba...
2019.8.23 Motion for Judgment on the Pleadings 679
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.23
Excerpt: ...where the "complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. § 438(c)(1).) Although Defendant filed a general denial to the complaint on February 22, 2019, the court issued an order on June 21, 2019, stating that "the matters set forth in the Requests for Admissions, Set No. 1, served on February 28, 2...
2019.8.9 Motion for Summary Judgment, Adjudication 688 (2)
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.9
Excerpt: ...ry adjudication as to each of the nine causes of action therein (and two issues pertaining to "alter ego" liability). Because summary judgment cannot be granted unless Xie is entitled to judgment as to each and every cause of action, the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First and Third Causes of Action The motion for summary adjudication as to the First and Third Causes of Action...
2019.8.9 Motion for Summary Judgment, Adjudication 688
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.8.9
Excerpt: ...adjudication as to each of the nine causes of action therein (and two issues pertaining to "alter ego" liability). Because summary judgment cannot be granted unless Yu is entitled to judgment as to each and every cause of action, the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First and Third Causes of Action The motion for summary adjudication as to the First and Third Causes of Action, fo...

109 Results

Per page

Pages