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

106 Results

Clear Search Parameters x
Location: Alameda x
Judge: Hayashi, Dennis x
2020.07.30 Motion for Mandatory Dismissal of Complaint 598
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.30
Excerpt: ...d for all purposes to the Honorable Delbert C. Gee. There has been a substantial number of motions filed by both sides in this case, including challenges to the pleadings. For the purposes of this motion, the parties ask the Court to review Judge Gee's order of August 14, 2015 granting the Motion of Defendants Sipi Metals Corp. and Marion Cameron ("the Chicago Defendants") to Dismiss for Lack of Personal Jurisdiction. Judge Gee determined that Pl...
2020.07.29 Demurrer 797
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.29
Excerpt: ...2006) 138 Cal.App.4th 1371, 1377-1378; and Roy Supply, Inc. v. Wells Fargo Bank (1995) 39 Cal.App.4th 1051, 1057-1058. Defendant also correctly contends that Plaintiff has not alleged facts sufficient to establish that it owed Plaintiff a duty of care when it accepted for deposit unendorsed checks made payable to Plaintiff's principals. See Chazen v. Centennial Bank (1998) 61 Cal.App.4th 532, 543 (number of situations were a bank would owe a non-...
2020.07.16 Demurrer 711
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.16
Excerpt: ...and that she advised employees of the university about her problems "at all times relevant herein." In particular, Plaintiff informed the university's Vice President, Dr. Craig Elliot. Plaintiff complains that Defendant violated her right to medical privacy by sharing the information with those without a need to know about her history of mental illness. Furthermore, Plaintiff alleges that she endured continuous abuse at the hands of one of her in...
2020.07.09 Motion to Quash Service of Summons and Complaint 459
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.09
Excerpt: ...United States subsidiary, which then sold the machine to 24 Hours Fitness, which then had the machine at a fitness center in Walnut Creek, California, where it injured plaintiff. Technogym S.p.A, does not own property or operate directly in California. (Casoni Dec.) The United States subsidiary buys exercise equipment in bulk, maintains inventory, and then sells it to customers. (Cool Dec.) OVERVIEW OF LAW The U.S. Supreme Court recognizes two ty...
2020.07.09 Motion to Compel Acceptance of Insurance Policy Limits Offer, to Dismiss 667
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.09
Excerpt: ...because the court finds the settlement offer to be reasonable. A party is responsible for making her or his own decision to prosecute or defend a case. Substantively, defendant argues that plaintiff Kalah should accept an insurance policy limits offer of $15,000 because defendant filed for bankruptcy and the bankruptcy judge's order of 5/9/19 states "[Plaintiff Salah] may not enforce any judgment personally against the debtor [defendant Del Toro]...
2020.07.02 Motion for Preliminary Injunction 291
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.02
Excerpt: .... Kramer is a general partner with access to the partnership accounts, but the partnership agreement requires a majority vote before a disbursement of over $1,000. (Kramer Dec., Exh A, Partnership Agt section 4.5(e)(ii) Three of the four partners returned the $47,500 distributions. Spanier seeks an injunction (1) requiring Kramer to return his $47,500 distribution and (2) enjoining Kramer from making any further withdrawals of funds. STANDARD "[T...
2020.07.01 Motion to Quash Deposition Subpoenas 569
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.07.01
Excerpt: ...unts. BANK RECORDS OMC served subpoenas on Wells Fargo seeking bank records of Albietz and Managed Cloud Technologies, a company that he appears to own testified at deposition that he Company seeks bank records. The bank records are relevant to the $27,000 withdrawal. Albietz has a right of privacy in his financial information. The court balances direct relevance with the privacy interests. (Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3...
2020.06.25 Demurrer 079
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.06.25
Excerpt: ...ud claims against Volkswagen. The demurrer to the Fourth Cause of Action for "Fraudulent Inducement - Concealment" is OVERRULED. A claim for fraudulent concealment requires the plaintiff to plead and prove that the defendant was under a duty to disclose the fact to the plaintiff. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868-869.) A duty to disclose can arise when the information at issue concerns safety. (Jon...
2020.06.24 Motion to Enforce Settlement Agreement 677
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.06.24
Excerpt: ...ivided 50% interest in the property. The parties negotiated a written settlement agreement. All parties and their lawyers signed the written agreement on or about 5/23/19. The court retains jurisdiction to enforce the agreement. (CCP 664.6.) The central part of the settlement is the division of the property. (Agt para 1, Exh A.) The property is 3.4 acres (Agt, para 8(a).) In June 2019 Civic Justice prepared to divide the property with a lot line ...
2020.05.26 Motion to Compel Binding Arbitration 344
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.26
Excerpt: ...reason for the termination is a pretext. Plaintiff filed his action against Tesla on January 7, 2020. Plaintiff has also named Tesla employee Caleb Moore in the Seventh Cause of Action for Defamation. The Court reviews the parties' evidence to determine whether a valid agreement to arbitrate exists and whether there are reasons why the agreement is unenforceable. See Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 685 (court must begin...
2020.05.26 Motion for Attorney's Fees 641
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.26
Excerpt: ... Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817-818. It is well established that the trial judge is called upon first to evaluate the hourly billing rates of all attorneys and support personnel who worked on the matter. See Ketchum, supra, 24 Cal.4th at 1128 (after evidentiary hearing the Marin judge called upon his experience both in practice and on the bench to determine the reasonable rate for the Sa...
2020.05.21 Demurrer 862
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.21
Excerpt: ...ncy Ambulance Service, Inc. (2008) 160 Cal.App.4th 388, 403 ("health care provider" includes licensed paramedics). Plaintiff alleges in the Complaint that his injury occurred on February 15, 2018. In his opposition, Plaintiff states that Defendant may not rely upon the statute of limitations under the doctrine of equitable estoppel. Plaintiff's argument is based on extrinsic facts set forth in counsel's declaration and exhibits attached to the de...
2020.05.21 Motion for Summary Adjudication 331
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.21
Excerpt: ...ward of punitive damages are set forth in the Exemplary Damages Attachment. Plaintiff alleges that Defendant's employees and management level executives engaged in malicious, fraudulent and oppressive conduct when they refused to allow him and his aunt Barbara to enter his late mother's apartment to collect her personal property. Plaintiff's mother Doris Bridgewater passed away in October 2015. The conduct alleged in the Second Amended Complaint ...
2020.05.20 Motion to Compel Binding Arbitration 344
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.20
Excerpt: ...reason for the termination is a pretext. Plaintiff filed his action against Tesla on January 7, 2020. Plaintiff has also named Tesla employee Caleb Moore in the Seventh Cause of Action for Defamation. The Court reviews the parties' evidence to determine whether a valid agreement to arbitrate exists and whether there are reasons why the agreement is unenforceable. See Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 685 (court must begin...
2020.05.20 Demurrer 565
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.20
Excerpt: ...use he has not identified any contractual benefit that was denied him due to Defendant's conduct. See 1231 Euclid Homeowners Ass'n v. State Farm Fire & Cas. Co. (2006) 135 Cal.App.4th 1008, 1021. Indeed, Plaintiff does not even allege the existence of a valid contract between him and Defendant or explain what Defendant was obligated to do for him. 2. Defendant's demurrer to Plaintiff's Second Cause of Action for Violation of Civil Code § 2937 is...
2020.05.14 Motion to Quash All Discovery 558
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.14
Excerpt: ...tion is denied because it is essentially a deficient Motion for Reconsideration of the February 20th order. To file a Motion for Reconsideration, Defendants are required to identify some new facts or circumstances that they previously failed to present despite the exercise of reasonable diligence. See CCP § 1008(a); and Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1198; and Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. D...
2020.05.07 Motion to Strike 057
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.07
Excerpt: ...ss-Defendants' demurrer to the First and Second Causes of Action because they improperly request that the Court take judicial notice of four agreements executed by RingCentral and Bright Pattern in 2018. The Court overruled the demurrer to Cross-Complainant's fraud claims because Cross-Defendants failed to identify the allegations that undermine Cross-Complainant's claim of reasonable reliance. Cross-Defendants' Request for Judicial Notice pursua...
2020.05.07 Demurrer 057
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.05.07
Excerpt: ...o comply with their obligation to plead their claims in a concise manner. See CCP § 425.10(a)(1). The Court refers counsel to its order of November 22, 2019 denying the parties' motion to seal the Complaint and Cross-Complaint. If counsel had made a motion to strike the First Amended Cross-Complaint for its excessive length, the Court would have been inclined to grant it. Counsel for Cross-Defendants instead use the inclusion of evidentiary fact...
2020.03.12 Motion to Strike 513
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.12
Excerpt: ... as an exhibit to the Third Amended Complaint, particularly because it does not add anything of substance to the asserted claims. Plaintiff's argument that the report contains evidentiary admissions of Defendant's wrongful conduct is noted. The Court previously advised the parties that it does not want the parties to recite every evidentiary fact in their pleadings. Plaintiff is not required to prove her claim in the Third Amended Complaint. The ...
2020.03.12 Motion for Summary Judgment 254
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.12
Excerpt: ...laintiff contends that the Sullivans owe the company for work performed on their property in Pleasanton by its subsidiary, Renovation Realty Northern California, pursuant to a contract executed on or about January 30, 2016. The Sullivans filed their Cross-Complaint on July 11, 2018. The operative First Amended Cross- Complaint was filed on August 28, 2019. Renovation Realty, Inc. answered the First Amended Cross-Complaint on September 30, 2019. T...
2020.03.12 Demurrer 513
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.12
Excerpt: ...demurrer to the Second Amended Complaint on September 18, 2019. Plaintiff filed her Third Amended Complaint on October 1, 2019. Counsel for Plaintiff provided the Court with a copy of the pleading with his Request for Judicial Notice. Defendant's first argument is that Plaintiff's Third Amended Complaint is devoid of any facts supporting any of the ten (10) causes of action. This argument is without merit. Plaintiff has complied with her obligati...
2020.03.11 Motion to Compel Responses 753
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.11
Excerpt: ...ed Defendant's attorneys with the promised verified responses on February 26, 2020. Mr. Patten also states that he did not assert any objections to the discovery requests as the right to object has been waived. Plaintiff's counsel's apparent belief that the motion is moot is not correct. See Rule of Court 3.1348(a); and Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 408-409. Mr. Patten promised to ser...
2020.03.11 Motion for Judgment on the Pleadings 048
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.11
Excerpt: ...ding requirements. See CCP § 425.10; and Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550-552 (plaintiff should plead ultimate facts and not evidentiary facts); and C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872 (same). The Court declines to review the voluminous pleadings and orders issued by the U.S. Bankruptcy Court in the Jana W. Olson case. Defendant's motion is denied because it is based on facts that are n...
2020.03.05 Demurrer 258
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.05
Excerpt: ...f the Fair Credit Reporting Act; (5) Negligence; (6) Breach of Contract; (7) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (8) Violation of Bus. & Prof. Code § 17200 et seq.; and (9) Declaratory Relief. Defendant acquired the mortgage loan that Plaintiff and his former wife, Deneice Hutcherson (aka Deniece Hutcherson) had with Bank of America on August 8, 2013. The couple's property is located at 886 Comanche Court, in the C...
2020.03.04 Demurrer 521
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.03.04
Excerpt: ... properly pled. See FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. It is the Court's experience that virtually no defendant or cross-defendant complies with the requirements set forth in Nakashima. Defendant is hereby ordered to file an Amended Answer to the Complaint and set forth facts that it believes support each affirmative defense. The Court is required to accept the facts as true if Plaintiff were to file a second demur...

106 Results

Per page

Pages