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Location: Alameda x
Judge: MacLaren, Ronni x
2020.02.26 Motion for Judgment on the Pleadings 749
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.02.26
Excerpt: ...ual capacity, has no interest in that contract and thus is not an appropriate defendant on this claim. The motion is DENIED as to the Second Cause of Action for Alter Ego Liability. The County adequately alleges the factual basis for its contention that Wool is the alter ego of CMC. (See Complaint, paragraphs 46-48.) Whether those allegations are true, and whether they are supported by any evidence, is an issue to be determined at a later stage o...
2020.02.05 Demurrer 654
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.02.05
Excerpt: ...t those findings "signified a material weakness," and that omitting them would lead to a material misstatement in Defendant's financial statements and thus would violate the law. (See Complaint, paragraphs 22 and 24-25.) Shortly after submitting the audit report, Plaintiff was notified on September 22, 2016 that his position would be eliminated effective December 31, 2016, and he was in fact officially terminated on January 3, 2017. (See Complain...
2020.01.31 Petition to Compel Arbitration and Stay Action 538
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.31
Excerpt: ...y with Health & Safety Code § 1363.1(b). The Court rejects Plaintiffs' argument and determines that the arbitration notice in the enrollment form signed by Plaintiff Gabriella Ilinestky was "prominently displayed" in compliance with § 1363.1(b). The arbitration notice consists of 191 words of text immediately preceding Ms. Ilinestky's signature, under a boldfaced heading entitled "KAISER FOUNDATION HEALTH PLAN, INC., ARBITRATION AGREEMENT," sep...
2020.01.31 Motion for Reconsideration 636
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.31
Excerpt: ... Civil Procedure section 1008(a).) Safeway argues that the "new or different facts or circumstances" on which this motion is based is that Plaintiff Cheryl Demello ("Plaintiff") introduced "additional new evidence" at the December 20, 2019 hearing on Safeway's motion for summary judgment. This assertion is incorrect. Plaintiff did not introduce any new evidence at the December 20, 2019 hearing, nor did she "present the full length of the video." ...
2020.01.24 Motion to Stay, Petition to Compel Arbitration 111
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.24
Excerpt: ...ings against Kaiser based on the claims asserted in this lawsuit in June 2018, a year before filing the lawsuit. (See the declaration of Peter Sekelick, paragraphs 3-4 and Exhibits J-L thereto.) Plaintiff has therefore waived any objections to having these claims resolved in arbitration. (See, e.g., Kemper v. Schardt (1983) 143 Cal.App.3d 557, 561.) Plaintiff's Kaiser membership agreement requires him to arbitrate any claims arising from or relat...
2020.01.24 Motion for Further Argument, for Reconsideration 006
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.24
Excerpt: ...argue that the decision in Brawley v. J.C. Interiors (2008) 161 Cal.App.4th 1126 is inapplicable to the judgment entered in this case on September 17, 2019. However, the Court is currently inclined to deny U Unlimited's request to vacate its order issued on November 30, 2019 granting, in part, the motion by Jeffrey Spahn and Paul Bontekoe (collectively, "Homeowners") to set aside judgment and enter new judgment. The Court determines that the Braw...
2020.01.22 Demurrer 535
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.22
Excerpt: ...mployers of driver Jose Bonilla Valladares, who allegedly hit and killed Plaintiffs' decedent as she was crossing the street. The Court declines to overrule the demurrer on the basis that it was purportedly filed one day late. The demurrers to the First Cause of Action for Negligence and the Second Cause of Action for Negligence Per Se are SUSTAINED, WITH LEAVE TO AMEND to allege facts demonstrating (1) how AmeriSourse Bergen (sued as Doe 1) bear...
2020.01.08 Motion for Relief fom Government Claims Filing Requirement of Government Code 945.4 999
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.08
Excerpt: ...rprise, and/or excusable neglect. Specifically, Plaintiff's evidence shows that neither he nor his counsel had any reason to suspect that Defendant Anna Gee was acting within the course and scope of her employment at the time of Plaintiff's accident until they were informed of this possibility on March 6, 2019. Plaintiff presented his government claim to the County on April 3, 2019 and his application to present a late claim on July 12, 2019, app...
2020.01.08 Demurrer 376
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2020.01.08
Excerpt: ...t in obtaining a loan from HPF. (See Cross-Complaint, paragraphs 23-27 and 47.) This purported representation was not false, because HPF did in fact extend the loan to Shivers. Likewise, Shivers fail to show how HPF's purported representation that HPF's loan would pay off the Ocwen loan, with any remaining proceeds going to Shivers, was false. (See Cross-Complaint, paragraph 91.) Moreover, Shivers cannot claim that they were not advised of the ob...
2019.9.27 Demurrer 808
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.9.27
Excerpt: ...it was recorded, and that he did not intend to transfer title to the subject property simply by executing the grant deed. In addition, in amending, Plaintiff must allege a factual basis for naming Ernest Hester as a defendant in this case. As the First Amended Complaint is currently pled, there are no facts suggesting any wrongdoing or other actionable conduct by Ernest Hester. Finally, Plaintiff should attach copies of each of the instruments th...
2019.9.27 Demurrer 650
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.9.27
Excerpt: ...roduct (i.e., the house built on Lot 34 in the "Patina Development") that the doctrine of strict liability is meant to protect. Rather, Plaintiff was an employee of Pulte's contractor Blue Mountain Construction Service, Inc. and was injured while in the course and scope of that employment. (See Second Amended Complaint, page 5:8-9.) Plaintiff's work on the house on Lot 34 therefore constitutes the production, and not the use, of the product for w...
2019.9.27 Demurrer 199
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.9.27
Excerpt: ...reasonable value" of the necessary medical services rendered to Defendants' insureds, which Plaintiff contends is $2,693,096.80 more than Defendants have already paid. Plaintiff, however, fails to allege that the parties ever agreed that Defendants would pay the additional $2,693,096.80 that Plaintiff seeks, or that the parties ever had a meeting of the minds as to the "reasonable" value of Plaintiff's services. The amount that Defendants would p...
2019.9.20 Motion to Quash Subpoena 747
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.9.20
Excerpt: ...evidence. Although Plaintiff contends that the 16.5% Note is completely irrelevant to the agreements for which she is suing Defendants (i.e., the stock redemption agreement and the subordinated promissory note), the evidence suggests that Plaintiff and Color Spot Holdings, Inc. ("Color Spot") considered all three agreements to be related. (See, e.g., Exhibit 6 to the declaration of Stephen Squillario.) The requested documents related to the 16..5...
2019.9.18 Demurrer, Motion to Strike 604
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.9.18
Excerpt: ...ding to bring this action because they did not present a pre-lawsuit demand on these claims and they have not alleged with sufficient particularity facts demonstrating demand futility. The demurrer on this ground is OVERRULED. Plaintiffs have adequately alleged facts creating a reasonable doubt that the Individual Defendants were disinterested and independent on the subject of the Walmart transaction. (See Second Amended Complaint, paragraph 38.)...
2019.9.17 Motion for Summary Adjudication 481
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.9.17
Excerpt: ... Cross-Defendants Triangle, Dean Boik, and Paul Lemley are each seeking summary adjudication. Therefore, the Court will rule on this motion as to each of these three Cross-Defendants. As to Issues Nos. 1-10 in Triangle's Notice of Motion, the motion is DENIED. Issues Nos. 1-10 do not satisfy the requirements of Code of Civil Procedure § 437c(f)(1) because none of them completely disposes of an entire cause of action. The purported misrepresentat...
2019.8.28 Motion to Amend Tentative Decision or Reopen Evidence 797
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.28
Excerpt: ...iccinini Trust utd March 18, 2002 and Louis J. Giraudo, in his capacity as Trustee of the Robert M. Piccinini Trust ("Defendants"), but allowed Plaintiffs the opportunity to file a motion to reopen evidence regarding damages. At the hearing on Plaintiff's ex parte application, the court indicated it was interested in the question of whether the court should reopen evidence on the limited issue of whether the March 31, 2015 valuation of the Piccin...
2019.8.28 Motion for Summary Adjudication 481
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.28
Excerpt: ...une 14, 2019, Crossroads filed this renewed motion for summary adjudication pursuant to Code of Civil Procedure § 1008(b). The only "new" fact identified in the moving papers is that on May 20, 2019, Crossroads took the deposition of Brianne Pitchford, designated by Triangle as its person most qualified on some topic not disclosed in the moving papers. (See the Declaration of Nathan Verbiscar-Brown at paragraphs 34 and 47-48.) At her deposition,...
2019.8.23 Motion for Summary Judgment 995
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.23
Excerpt: ...ent occurred, and there was no overhead street lighting at that location as a result of the construction project. (See Plaintiff's Additional Facts ("AF") Nos. 1-5 and the evidence cited in support.) Plaintiff had to maneuver his bicycle to avoid being hit by a car, and in doing so, Plaintiff hit a partially-filled trench and was thrown from his bicycle. (See AF Nos. 6-8 and the evidence in support.) Prior to the construction project, Portola Ave...
2019.8.21 Motion to Compel Further Responses 481
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.21
Excerpt: ... which is set forth in Triangle's Separate Statement. As to privilege log documents nos. 2-5, Triangle's motion is GRANTED. The Court determines that Crossroads has waived any attorney-client privilege or attorney work product privilege as to those documents by disclosing a significant part of the communications to Triangle. (See Evidence Code section 912(a); see also Jones v. Superior Court (1981) 119 Cal.App.3d 534-547 and National Steel Produc...
2019.8.21 Motion for Summary Judgment 577
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.21
Excerpt: ...nd that is owned by Matthew, and on which Samuel resided at the time of the incident. Garcia, a professional but unlicensed landscaper who was hired by Samuel to cut branches from a redwood tree on the premises, was working on that job when a branch on which he was standing broke, causing Garcia to fall and injure himself. (See, generally, Defendants' Separate Statement Facts ("SSF") Nos. 11-33 and the evidence cited in support.) Plaintiffs' evid...
2019.8.21 Demurrer 628
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.21
Excerpt: ...omotive Imports of CA, LLC ("Plaintiff"). A fraud claim must be pled with particularity, including who, when, where, to whom, and by what means any misrepresentations were tendered. (See, e.g., Robinson Helicopter Co. Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 993.) Plaintiff fails to allege who made the alleged misrepresentations on which it relied, when, and by what means. (See First Amended Complaint, paragraph 26.) In addition, as the First Am...
2019.8.9 Motion for Attorneys' Fees 991
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.9
Excerpt: ...demnity granted by Section 31. Deacon's Cross-Complaint against MCP clearly constitutes an action to enforce the indemnity provisions of Section 31 of the Agreement. Although Section 31.2(d) specifically provides that MCP is to reimburse Deacon for all legal expenses incurred in enforcing the Agreement's indemnity provision, as a matter of law Section 31.2(d) must be interpreted as awarding legal expenses to whichever party prevails in an action ...
2019.8.7 Motion for Summary Judgment 182
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.7
Excerpt: ...d on property owned by Remitz. Plaintiff alleges that Remitz should have known of the dog's dangerous propensities and of the dog's ability to escape from Remitz's property as a result of an inadequately maintained fence surrounding the property. A duty of care may not be imposed on a landlord for injuries caused by a tenant's dog without proof that the landlord had actual knowledge of the dog's dangerous propensities. (See Yuzon v. Collins (2004...
2019.8.7 Demurrer 474
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.7
Excerpt: ...ry duty to her, but intentionally failed to disclose that Plaintiff's understanding of her reverse mortgage was erroneous, resulting in Plaintiff selling the subject property to Kendall to Plaintiff's detriment. (See Fourth Amended Complaint, paragraphs 9, 20-23(a), and 33.) Plaintiff's Second Cause of Action for "Constructive Trust on Real Property Based on Unilateral Mistake" is adequately pled, including Plaintiff's mistake, Defendant Julie Ke...
2019.8.7 Demurrer 099
Location: Alameda
Judge: MacLaren, Ronni
Hearing Date: 2019.8.7
Excerpt: ...uately allege the terms of the purported oral contract or identify how Defendant breached the purported oral contract. To the contrary, the First Amended Complaint appears to allege that both the written and oral contract had the same terms, which makes one of those contracts superfluous. (See First Amended Complaint, paragraph 17.) Second, Plaintiff fails to adequately allege how Plaintiff has been damaged, and in what amount, by Defendant's pur...

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