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Location: Alameda x
Judge: Wise, Noel x
2020.08.06 Demurrer 405
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.08.06
Excerpt: ...er abuse (by either neglect or abandonment), or that any of these individuals engaged in any conduct that caused decedent Eugenie VanMiller's death. The demurrer by SLHC to the First Cause of Action for Elder Abuse is SUSTAINED, WITHOUT LEAVE TO AMEND. An elder abuse claim is a statutory cause of action and it must be pled with particularity. (See Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410.) Plaintiff has attem...
2020.08.06 Demurrer 348
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.08.06
Excerpt: ... 22, 2015. (See Second Amended Complaint, paragraphs 24-25 and 44.) RG alleges that it was to be paid a 2% transaction fee for those services. (See Second Amended Complaint, paragraph 27.) RG has been unable to locate the investment advisor agreement that it allegedly entered with Defendant, and it has attached as Exhibit A to its Second Amended Complaint "the form of agreement" that it purportedly entered with Defendant. (See Second Amended Comp...
2020.07.09 Motion for Good Faith Settlement Determination 215
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.07.09
Excerpt: ...ong Kun Choe ("Choe") for damages suffered as a result of a fire starting on the roof of the church building in which Plaintiffs lived. In one of the four consolidated cases, RG19-036589, Choe sued Tae Son Lee ("Lee"), the CEO and President of BRS and WRC, for equitable indemnity, defamation, fraud, and intentional infliction of emotional distress. In his First Cause of Action for Equitable Indemnity, Choe alleges that he had no role in performin...
2020.07.02 Motion for Summary Judgment 995
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.07.02
Excerpt: ...rrently occupy the premises. (See, generally, Defendants' Separate Statement Facts Nos. 1-8 and the evidence cited in support. Although Plaintiff purports to dispute some of those facts, she cites no evidence supporting any actual dispute.) Plaintiff contends that she wants to move her father into one of the two units in the duplex, and continue renting the other unit. Her Complaint alleges a single cause of action, for declaratory relief. In her...
2020.07.02 Motion for Summary Judgment 128
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.07.02
Excerpt: ...n that Plaintiff had filed on July 21, 2016. The statute of limitations on a plaintiff's claims begins to run when the plaintiff learns, or should have learned, facts essential to her claim. (See Fox v. Ethicon Endo-Surgery Inc. (2005) 35 Cal.4th 797, 807.) Whether the plaintiff has exercised reasonable diligence in discovering her claims against the defendant is a question for the trier of fact. (See Leaf v. City of San Mateo (1980) 104 Cal.App....
2020.06.11 Motion for Summary Judgment 382
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.06.11
Excerpt: ...m of $128,217.77 that Plaintiff contends rightfully belongs to himself, and not to Commonwealth, and (2) for declaration of the rights and duties of the parties regarding that sum. If successful, therefore, this action would result in the payment to Plaintiff of that sum from the unidentified escrow firm that was holding that sum at the time this action was filed. Defendant argues that this action is barred by failure to comply with the claims pr...
2020.06.11 Demurrer 242
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.06.11
Excerpt: ...pplication on October 22, 2019. (See Second Amended Complaint, paragraphs 24-25.) The documents attached as Exhibit G to the Second Amended Complaint could be interpreted as supporting Plaintiff's allegations, because they include a fax over sheet dated October 16, 2019, and another fax cover sheet dated October 22, 2019 that indicates "I am resending". What documents Plaintiff submitted to Bayview, when she sent them, and whether the documents t...
2020.06.04 Motion for Judgment on the Pleadings 462
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.06.04
Excerpt: ... for relief. Hyppa has now filed yet another motion again seeking judgment on the pleadings as to the fourth prayer for relief, i.e., seeking a declaration that Beoris never assumed the liabilities of Anthony Caravalho or the NTFVA LLC concerning Hyppa's retainer agreement. First, the Court determines that this motion for judgment on the pleadings is an improper motion for reconsideration of the Court's prior March 12, 2020 order, unsupported by ...
2020.05.28 Demurrer 893
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.28
Excerpt: ... controlled the manner and means of his work such that Defendants can be liable as his employer or joint employer. Third Amended Complaint paragraphs 14 and 52 are overly conclusory and insufficient. The Demurrer to the Sixth Cause of Action for Intentional Infliction of Emotional Distress is OVERRULED. Plaintiff alleges that Defendants arranged for his termination under false pretenses in retaliation for his complaints about their fraudulent Med...
2020.05.28 Demurrer 783
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.28
Excerpt: ...e Second Amended Complaint appears to be inconsistent; compare paragraphs 10 and 21.) Plaintiffs allege that they vacated their apartment either because of damage from the fire or because they were told to do so by Defendant Tony Rishell. (Again, the Second Amended Complaint is inconsistent; compare paragraphs 10, 21, and 54, which alleges that the fire rendered Plaintiffs' apartment uninhabitable.) Plaintiffs' Third Cause of Action attempts to a...
2020.05.28 Demurrer 274
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.28
Excerpt: ... title on a parcel of real property that Plaintiff purchased from an unidentified third party. Plaintiff alleges that Defendant failed to disclose that there was a lien on the subject property, and as a result Plaintiff's attempt to subsequently resell the subject property to an unidentified buyer fell through. Although Plaintiff was eventually able to resell the subject property to a different buyer, the sale price was less that Plaintiff would ...
2020.05.21 Motion for Leave to File Complaint 962
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.21
Excerpt: ...426.50.) The burden is on the party opposing the motion to demonstrate that the party seeking leave to file the compulsory cross-complaint has acted in bad faith; late filing of the motion is an insufficient basis on which to deny the motion. (See Silver Orgs. Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-101.) Here, Liberty has demonstrated some "other cause" for failure to file its proposed cross-complaint against Plaintiff Boscacci Inc. dba Amp E...
2020.05.21 Motion for Summary Adjudication 817 (2)
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.21
Excerpt: ...tion as to this same claim unless AHS can establish newly discovered facts or circumstances or a change in law supporting its argument. (See Code of Civil Procedure § 437c(f)(2).) AHS fails to do so. AHS's only proffered evidence that Plaintiff is not paid less than his similarly situated coworkers of a different race is the declarations of AHS employees Lisa Marie May and Carlos Martinez. (See AHS's Separate Statement of Facts ("SSF") Nos. 4-7....
2020.05.21 Motion for Summary Adjudication 817
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.21
Excerpt: ...AHS's HR "Business Partner" Joan Davis admonished JA that he needed to act professionally, and no further such incidents occurred. (See JA's Separate Statement of Facts ("SSF") Nos. 1-9 and the evidence cited in support.) In order to prevail on a claim for sexual harassment, Plaintiff must demonstrate that he was subjected to unwelcome sexual advances, conduct, or comments that were made or committed "because of sex" and sufficiently severe and p...
2020.05.21 Motion to Quash Service of Summons 497
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.05.21
Excerpt: ...es Barbeque when Plaintiff filed this case, based on their filings with the California Secretary of State which Plaintiff could have discovered had she conducted an inquiry, and (2) they will suffer "specific prejudice" if the Doe Amendment is not quashed, based on the former trial date of May 11, 2020 which has now been vacated. As to Jernegans' first argument, a Doe Amendment is proper if the plaintiff is actually ignorant of the Doe defendant'...
2020.04.30 Motion to Strike Punitive Damages 497
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ...ms, of his injuries. Therefore, Plaintiff's claim against Piedmont Gardens is subject to Code of Civil Procedure § 425.13. (See Davis v. Superior Court (1994) 27 Cal.App.4th 623, 629.) Plaintiff's failure to comply with § 425.13 bars his claim for punitive damages. The Court observes that it already struck Plaintiff's claim for punitive damages from his Second Amended Complaint, without leave to amend, on November 18, 2019. Paragraph 14(a)(2) o...
2020.04.30 Motion to Strike or Tax Cost Memorandum 230
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ...ion 685.070(b). Second, none of the costs claimed in the cost memorandum are the types of recoverable costs specified in Code of Civil Procedure section 685.070(a). The Court observes that the $199.50 amount of costs sought in the cost memorandum was dwarfed by the amount of fees both counsel presumably incurred arguing over the validity of the $199.50 cost request. Parties must notify opposing counsel and email the Court at CivilClerk@alameda.co...
2020.04.30 Motion to Strike 935
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ...rneys' fees only where the action confers a significant benefit on the general public or a large class of persons. Here, Plaintiff is suing to recover monetary damages for injuries she suffered when her foot slipped between the BART platform and a train. If successful, this action would benefit Plaintiff only; it would not confer any benefit on the general public or a large class of persons. Plaintiff's request for sanctions for opposing this mot...
2020.04.30 Motion to Strike 579
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ...s of Action are based on a garage that Defendants allegedly maintain over a portion of the parties' shared easement, which Plaintiffs allege impedes their use of the easement. Those facts, if true, support Plaintiffs' Second, Third, Fourth, and Seventh Causes of Action. There are no facts pled in the First Amended Complaint, and no facts appearing in the documents for which Defendants request judicial notice, establishing that Defendant Kumiko Uy...
2020.04.30 Motion to Strike 105
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ... opposing counsel and email the Court at CivilClerk@alameda.courts.ca.gov no later than 48 hours prior to the hearing date informing the Court if they will contest the Court's tentative ruling and providing their email addresses. The subject line of the email must list the case name and number and the department number where the matter is set. Hearings on matters that are properly contested will take place via a medium the court will identify. Th...
2020.04.30 Motion for Summary Judgment 561
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ... that Defendant RGIS LLC was precluded from prosecuting legal actions in federal courts and in other states) was beyond the jurisdiction of this Court to grant; and (3) Plaintiff WIS International Inc. did not show that it lost money or property as a result of Defendant's actions so as to provide standing to assert a claim under Business & Professions Code § 17200 et seq. At the first hearing of this motion on February 27, Plaintiffs' counsel in...
2020.04.30 Motion for Relief from Order Imposing Sanctions 442
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ... is now moot. Defense counsel appeared at the October 3, 2019 hearing on the motion to compel, and expressly stated that he was not contesting the tentative ruling on that discovery motion. According to his declaration, defense counsel was aware of the hearing on no later than September 30, 2019, but he had failed to timely check the Court's tentative ruling (which was issued on October 2, 2019); this conduct does not constitute excusable neglect...
2020.04.30 Demurrer 497
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.30
Excerpt: ... Instead, Plaintiff alleges that the Gabapentin merely masked the pain and did not treat his injuries. Only after reducing his Gabapentin intake in November 2017, and subsequently being assessed by a neurologist on March 30, 2018 did Plaintiff realize the extent and cause of his injuries. Plaintiff then filed this action on September 5, 2018. Although Plaintiff has labeled his claim against Piedmont Gardens as one for "fraud", his claim is based ...
2020.04.23 Demurrer 962
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.04.23
Excerpt: ...led to pay Plaintiff 3% of the net proceeds of the purchase, as required by section 3 of the Agreement. Preliminarily, the Court rejects Defendant's argument that Plaintiff's claim in this case is governed by Delaware law. The Agreement itself provides (at section 5(h)) that it is governed by the laws of the State of California. California law reflects a strong public policy of favoring enforcement of freely negotiated choice of law clauses. (See...
2020.03.12 Motion for Judgment on the Pleadings 462
Location: Alameda
Judge: Wise, Noel
Hearing Date: 2020.03.12
Excerpt: ...because members of the LLC do not have any interest in the LLC's property; (3) for a declaration that Hyppa never provided any legal services to Beoris; and (4) for a declaration that Beoris never assumed the liabilities of Anthony Caravalho or the NTFVA LLC concerning Hyppa's retainer agreement. (Some, but not all, of the terms contained in the Prayer are defined in the body of the First Amended Complaint.) Hyppa's motion is GRANTED as to Beoris...

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