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Location: Alameda x
Judge: Whitman, Jenna x
2019.11.12 Motion to Compel Production of Docs 255
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.11.12
Excerpt: ... that were used during, and after, Serrato's employment with PDI, but the requests do not limit inspection to devices or cloud-based storage accounts that have been used in connection with Serrato's employment with PDI or whichcontain data relating to Serrato's employment with PDI. All of PDI's requests shall be limited to devices and cloud-based storage accounts that were used in connection with Serrato's employment with PDI or contain data rela...
2019.10.21 Motion for Judgment on the Pleadings 101
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.10.21
Excerpt: ...is may concern: "This letter is in response to a summons from Bank of America that I received on February 11, 2019 in which Bank of America is demanding my self (Marianop Cazares) to have to pay the amount of $5,710.53 plus interest. "Currently I have been working with Freedom Debt Relief for over 15 months to have this amount paid outside the court. I am in the best position to have this resolved in a manner that would benefit both parties. The ...
2019.9.23 Application for Prejudgment Writ of Possession 534
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.9.23
Excerpt: ...ar. Plaintiff seeks a writ of possession, pursuant to CCP §512.010. There is no proof of service for the petition, the application for writ of possession, or the notice of the hearing. Accordingly, plaintiff has not satisfied the service and notice requirements set forth under CCP §512.030. The court also finds that Plaintiff has not established the probable validity of its claim to possession of the property, because its documentation does not...
2019.9.17 Motion to Dismiss 961
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.9.17
Excerpt: ...rte application to dismiss the complaint on November 29, 2017 when plaintiff failed to amend the complaint in response to the court's September 27, 2018 order. Plaintiff did not attempt to serve defendant Hill. On October 16, 2017, plaintiff filed a proof of service of summons purporting to evidence service of the summons and complaint on defendant Delgadillo On July 26, 2018, Delgadillo filed a motion to motion to quash service of summons. Plain...
2019.9.10 Motion to Strike Claim for Attorneys' Fees 893
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.9.10
Excerpt: ...o purchase certain bathroom fixtures and Lowe's agreed to deliver and install them. (Compl., ¶¶1-10.) CSAA alleges the damage was caused when Lowe's subcontractors, Yoon and CCI Construction, negligently installed a valve, resulting in a substantial leak. (Id., ¶15- 20.) CSAA alleges causes of action for breach of contract, breach of express warranty, negligence and equitable subrogation against Lowe's. (Id., ¶¶28-41, 46- 47.) CSAA claims th...
2019.8.20 Demurrer 405
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.8.20
Excerpt: ...exchange insurance information with the other driver, and then falsified the collision report by attributing fault to plaintiff. Plaintiff alleges her rebuttal was investigated by the CHP but ultimately denied, and alleges that the CSAA insurance exchange denied her insurance claim in reliance on the report. Plaintiff seeks monetary damages against the defendants. Defendants demur to all causes of action on the grounds that plaintiff lacks standi...
2019.8.13 Motion to Strike Claim for Attorneys' Fees 893
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.8.13
Excerpt: ...a consequence of Lowe's alleged failure to respond to CSAA's arbitration demand. The court has reviewed Terzian v. California Casualty Indemnity Exchange (1974) 42 Cal.App.3d, 942 cited by CSAA, and does not find the case to be instructive on this point. CSAA shall also respond to Lowe's arguments concerning the narrow scope of the attorney fee provision. It states, in pertinent part: "Unless the arbitrator's award or controlling law specifically...
2019.7.16 Motion for Summary Judgment, Adjudication 077
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.7.16
Excerpt: ...CRC 3.1350(b). The court therefore construes this as motion for summary judgment only. REQUEST FOR JUDICIAL NOTICE Defendants' Request for Judicial Notice as to plaintiff's Complaint and defendants' Cross-complaint against DeHaro, Inc., is GRANTED. (Evid.C.§452.) However, the court does not take judicial notice of the truth of matters stated therein. (Love v. Wolf (1964) 226 Cal.App.2d 378, 403, 38 Cal.Rptr. 183; Day v. Sharp (1975) 50 Cal.App.3...
2019.7.9 Motion to Compel Further Responses, for Monetary Sanctions 697
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.7.9
Excerpt: ...endants' response to each of the document production requests is "None," which is not sufficient to comply with their discovery obligations in this case. The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) a statement that the party will comply; (2) A representation that the party lacks the ability to comply; or (3) An obj...
2019.6.11 Motion for Summary Judgment 077
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.6.11
Excerpt: ...ce for various material facts in in support of the opposition. Defendants have objected to the offers of proof on various grounds. However, the filing of Mr. Silva's deposition transcript would appear to render those objections moot. In any event, the Court is not in a position to know how the changes in the evidence affect the parties' respective arguments and the material facts upon which they rely. For this reason, the Motion is continued to p...
2019.6.4 Motion for Summary Adjudication 270
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.6.4
Excerpt: ... 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (Id. at 851.) Defendant has no obligation to present any affirmative evidence to show that a hypothetical reasonable jury could find in its favor until plaintiff has met its initial evidentiary burden. (Id. at 850.) Material facts are "fact that relate to the cause of actio...
2019.5.28 Motion to Disqualify Attorney 255
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.5.28
Excerpt: ...terials are privileged, and shall immediately notify the sender that he or she possesses material that appears to be privileged." (Rico v. Mitsubishi Motors Corp. (2007) 42 Cal.4th 807, 817 (citing State Compensation Ins. Fund v. WPS, Inc. (1999) 70 Cal.App.4th at 656-657).) In the case of a motion to disqualify opposing counsel based upon the receipt of privileged material, disqualification is only ordered for prophylactic, not punitive, purpose...
2019.5.28 Demurrer 115
Location: Alameda
Judge: Whitman, Jenna
Hearing Date: 2019.5.28
Excerpt: ...r or Seller shall be entitled to reasonable attorney fees and costs from the non- prevailing Buyer or Seller, except as provided in paragraph 22A." Paragraph 22A of the Agreement, in turn, states, in relevant part: "MEDIATION. The Parties agree to mediate any dispute or claim arising between them out of this Agreement...before resorting to arbitration or court action . . . . If, for any dispute or claim to which this paragraph applies, any Party ...

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