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
2019.7.10 Motion to Strike 252
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.7.10
Excerpt: ...red to - strike allegations that are irrelevant, false or improper as reflected on the face of the challenged pleading or matters of which judicial notice is taken. Thus, for example, a "motion to strike is widely used to challenge portions of causes of action seeking punitive damages" and its "use has also been approved in a case where the face of the complaint failed to state facts showing a primary right of the plaintiff and a primary duty of,...
2019.7.10 Motion to Quash Subpoena, Request for Sanctions 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.7.10
Excerpt: ...oena directed to East West Bank dated August 1, 2018 (the "Subpoena"): (1) time-frame; (2) bank account number; and (3) protective order. As to time-frame, the Subpoena seeks "[a]ll banking records of Edward Chang dba Cafe Tapioca for its Pleasanton store from 7/1/2013 through January 31, 2016...." In an email from counsel for Plaintiffs Yushan Huang aka Stacy Huang and Joshua Hsia ("Plaintiffs") dated August 16, 2018, however, Plaintiffs agreed ...
2019.7.10 Motion for Sanctions for Discovery and Litigation Misconduct 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.7.10
Excerpt: ...f Civil Procedure sections 128.5 et seq., 2023.030 et seq., the Discovery Act and the inherent authority of the court. The motion focuses on a letter and two declarations attributed to Fei Liu, Phebe's husband Tony's business partner, which Defendants assert contained text that was either mis-translated from the original Chinese or fabricated, as well as an incorrectly explained redaction in the letter. The letter was filed on July 24, 2018, in c...
2019.7.10 Motion for Sanctions 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.7.10
Excerpt: ...sanctions than on any other facet of the case. The court does not wish to encourage the filing of additional motions such as this, as the court believes the case should be set for trial so the parties can present their arguments at trial rather than in a series of pre-trial motions essentially arguing the merits. Nevertheless, as the court must address the motion on the merits, it does raise some valid arguments about the extent to which Plaintif...
2019.7.10 Demurrer 252
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.7.10
Excerpt: ...r "a contract implied by conduct," by which "Sanchez agreed to hold the title to the Property [at 5348 Treeflower Drive, Livermore] as the legal title holder while allowing Plaintiff to be the actual and equitable owner of the Property with sole use and control of the Property." (SAC, ¶ 41.) It further alleges: "For approximately six (6) years, Sanchez held the Property for the benefit of Plaintiff as agreed and consulted Plaintiff before taking...
2019.6.28 Motion to Deposit by Stakeholder, for Discharge of Stakeholder, Request for Attorney's Fees 177
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.28
Excerpt: ...has sufficiently demonstrated that it followed the procedures in C.C.P. §§ 386 et seq. for filing its Verified Complaint for Interpleader on October 24, 2018 and for seeking an order discharging it from liability as to the full penalty of Bond No. 358562C in the sum of $15,000 issued on behalf of Wooden Window, Inc. (hereafter the "Bond"). (See C.C.P. § 386(a) and (c); see also Sweeney v. McClaran (1976) 58 Cal.App.3d 824, 828.) Under C.C.P. �...
2019.6.25 Motion for Summary Judgment, Adjudication 697
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...auses of action in the complaint filed on August 6, 2018. Ally introduced evidence sufficient to meet its initial burden under C.C.P. § 437c(p)(1) of supporting all elements of its causes of action for breach of contract, claim and delivery, injunctive relief and indebtedness for money. (See Separate Statement of Undisputed Material Facts ["UMF"], Nos. 1-8, Issue One (first and fourth causes of action), Nos. 1-8, Issue Two (second and third caus...
2019.6.25 Motion for Damages 079
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...rko") rather than Cross-Defendant Steve Wilt ("Wilt"), although this is not clear. The last sentence of the introduction states: "Solomon now seeks reimbursement of these fees as a direct damage [sic] of Wilt and Berko's actions." The last sentence of the argument section states: "As a result, Solomon request [sic] this court employ the exception created by the tort of another doctrine and require Berko to reimburse Solomon for the fees incurred ...
2019.6.25 OSC Re Preliminary Injunction 007
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...ment of Motor Vehicles ("DMV"). This action was initiated by the filing of a complaint or petition by Plaintiff Sheila Gandy ("Plaintiff") on May 30, 2019, alleging that her nephew Anthony Durulle (or Durelle) Waters "unlawfully transferred or started the transfer of my Ford 150 2005," and that "DMV has a title transfer pending as of May 16, 2019." The complaint, along with the "ex parte" application filed on May 30, 2019, seeks a restraining ord...
2019.6.25 Motion to Quash Subpoena, Request for Sanctions 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...oena directed to East West Bank dated August 1, 2018 (the "Subpoena"): (1) time-frame; (2) bank account number; and (3) protective order. As to time-frame, the Subpoena seeks "[a]ll banking records of Edward Chang dba Cafe Tapioca for its Pleasanton store from 7/1/2013 through January 31, 2016...." In an email from counsel for Plaintiffs Yushan Huang aka Stacy Huang and Joshua Hsia ("Plaintiffs") dated August 16, 2018, however, Plaintiffs agreed ...
2019.6.25 Demurrer 079
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...s. The discussion was instead focused on the merits of each side's legal position. Plaintiff correctly asserts that Defendant is required to allege sufficient facts to support each of the identified affirmative defenses. See FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. The Court cannot overlook Defendant's failure to comply strictly with her pleading obligation just because virtually no parties actually make factual allegati...
2019.6.25 Motion for Sanctions for Discovery and Litigation Misconduct 034
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.25
Excerpt: ...f Civil Procedure sections 128.5 et seq., 2023.030 et seq., the Discovery Act and the inherent authority of the court. The motion focuses on a letter and two declarations attributed to Fei Liu, Phebe's husband Tony's business partner, which Defendants assert contained text that was either mis-translated from the original Chinese or fabricated, as well as an incorrectly explained redaction in the letter. The letter was filed on July 24, 2018, in c...
2019.6.21 Motion for Judgment on the Pleadings 817
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.21
Excerpt: ...acts sufficient to constitute a defense. (See Code Civ. Proc. § 438(c)(1)(A).) Defendant's statement "I can pay month a month for me no problem is OK" is not sufficient to dispute the allegations of the complaint or to constitute a defense. Pursuant to Code of Civil Procedure § 431.20(a), "[e]very material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true." (S...
2019.6.21 Motion to Strike Complaint 911
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.21
Excerpt: ...e or other damages imposed primarily for the sake of example and by way of punishing the defendant." (Gov. Code § 818.) Accordingly, IT IS ORDERED that item 3 of the Prayer for Relief is STRICKEN. The motion to strike the request for injunctive relief, as sought in item 7 of the Prayer for Relief, is DENIED. Although there is no opposition by Plaintiff Bobby Pierce II ("Plaintiff"), a motion to strike is subject to the court's discretion, regard...
2019.6.20 Motion for Summary Judgment, Adjudication 472
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.20
Excerpt: ...tion at that time. Instead, counsel shall be prepared to address the following matters: (1) On June 13, 2019, Plaintiffs Peter Yeh aka Chu-Kuo Yeh and Chiu-Ying Yeh ("Plaintiffs") filed an Ex Parte Application to continue the hearings on the two motions for summary judgment, along with the trial and related dates. The court has considered the opposition papers filed by Defendants on June 13, 2019, but has not ruled on that application. Instead, t...
2019.6.19 Motion to Compel Verified Responses, Request for Sanctions 926
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.19
Excerpt: ..., 2019, the other three defendants/cross-defendants addressed in this motion (James L. Krasne, as Trustee of the Guilford Glazer Trust of 1984; Diane Pregerson Glazer, as Trustee of the Diane Pregerson Glazer Survivor's Trust; and Jeremy Blanchard), hereafter "Managers," served verified amended responses. (See Reply, p. 2; see also Decl. of Nicole L. Jones, Exhs. A and B; Decl. of Gregory Prongos, ¶ 8 and Exh. 4.) While Carson and Managers conte...
2019.6.18 Petition to Correct Contractual Arbitration Award 159
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.18
Excerpt: ... April 8, 2019 in accordance with C.C.P. §§ 1285.4 and 1290.4. The instant petition was filed and served 46 days after filing and service of the petition to confirm the award, which is well beyond the 10-day period (plus 5 for service by mail) required by C.C.P. § 1290.6 for a "response" to a petition to confirm an award. Section 1290 provides that the allegations of a petition are "admitted by a respondent duly served ... unless a response is...
2019.6.18 Petition to Confirm Contractual Arbitration Award 159
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.18
Excerpt: ... Section 1290.6 states in relevant part that a "response shall be served and filed within 10 days after service of the petition" except where service is outside the state pursuant to C.C.P. § 1290.4(b)(2), which was not the case here. Section 1290 provides that the allegations of a petition are "admitted by a respondent duly served ... unless a response is duly served and filed." (C.C.P. § 1290.) As a response was not "duly served and filed" wi...
2019.6.7 Motion for Protective Order 377
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.7
Excerpt: ...may promptly move for a protective order," and the "court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense," including "(5) [t]hat a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way." (C.C.P...
2019.6.7 Motion to Strike Answer 243
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.7
Excerpt: ...1, 1149-1150; Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284.) Nevertheless, as the court stated in CLD Construction, supra, even where an answer is improperly filed by an unrepresented corporation, the court should give notice to the corporation that it needs to retain new counsel promptly and that if it fails to do so its pleadings can be stricken. (Id.) Here, the answer filed by Defendant 360 IT Professionals, Inc. ("360 IT"), on February...
2019.6.7 Motion for Summary Judgment, Adjudication 447
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.7
Excerpt: .... The sole cause of action against Doe 1 is the First Cause of Action for negligence, which alleges that Shadow Woods Homeowners Association ("Shadow Woods"), Associa Northern California ("Associa") and Does 1 through 20 "carelessly and negligently used, controlled, maintained, and/or inspected THE PREMISES where plaintiff JIAN HE was injured, so as to permit a broken, cracked, or defective tree to remain in use. This created a dangerous and unsa...
2019.6.4 Motion to Compel Arbitration 821
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.4
Excerpt: ...ing to the terms and conditions of such agreement to binding arbitration...." (Notice, p. 2.) Section 1281.5, cited in the notice of motion, refers to circumstances were a person "proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code...." The instant action alleges that Plaintiff Pacific Data Electric, Inc. ("PDE") "reco...
2019.6.4 Motion to Compel Further Deposition, Request for Sanctions 904
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.4
Excerpt: ...rties' meet and confer efforts. Based on the attached emails from Eduardo Robles dated May 20, 2019, and from Candice Hamant dated May 30, 2019, it appears that CBRE is in the process of assembling what Plaintiffs characterized as "[a]ll work orders/emails for the Saratoga Center - Building Two located at 5934 Gibraltar Dr., Pleasanton, CA 94588 for 2014 to 2016, dealing with the bathrooms, restrooms, men's room, ladies rooms, lavatory, facilitie...
2019.6.4 Motion to Compel Further Responses 070
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.4
Excerpt: ...ons. The issues in this motion overlap to a large extent with those raised in Plaintiff's accompanying motion to quash subpoenas, so the court's ruling on this motion draws on the court's discussion of the issues and law in its accompanying order. As to RPDs Nos. 23 and 24, the motion is GRANTED, for the reasons in the accompanying order. As to RPD No. 30, the motion is DENIED, conditioned on Plaintiff's execution of a stipulation in the form des...
2019.6.4 Motion to Quash Subpoenas 070
Location: Alameda
Judge: McGuiness, Robert
Hearing Date: 2019.6.4
Excerpt: ... ("Marin County"). (See Decl. of Mathew Stephenson, Exh. B ["Subpoenas"]). The first two Subpoenas seek a subset of Plaintiff's medical records (from Kaiser) and therapeutic records (from Dr. Cohen, a licensed clinical social worker) in the date range of 1/01/2016 to 12/31/2017. The third Subpoena seeks a subset of Plaintiff's personnel records from her work with Marin County from January 1, 2012 through March 30, 2015, prior to her work with the...

109 Results

Per page

Pages