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Location: Alameda x
Judge: Hayashi, Dennis x
2021.10.07 Motion for Summary Judgment 151
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.10.07
Excerpt: ... sidewalk causing Plaintiff to fall to the ground." Plaintiff alleges that the accident occurred on a section of sidewalk near 1237 Russell Street, in Berkeley. Plaintiff alleges that the City of Berkeley had actual or constructive notice of the dangerous condition of the sidewalk. On November 6, 2020, Defendant filed its first motion for summary judgment. Defendant's motion was based on Plaintiff's testimony during his deposition that he did not...
2021.10.07 Demurrer 500
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.10.07
Excerpt: ...y located at 4851 Walnut Street, in Oakland (residence) and 1246 79th Avenue, in Oakland (rental property). The Court is very familiar with Plaintiff's allegations and contentions. There have been many motions filed in this case since Plaintiff filed her initial Complaint on November 5, 2020. The subject Verified Second Amended Complaint includes six causes of action. Plaintiff asserts the these causes of action against Defendants: (1) First Caus...
2021.09.30 Motion for Summary Adjudication 878
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.30
Excerpt: ... Conversion of Corporation Property; (3) Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.); (4) Forcible Detainer; (5) Ejectment; (6) Breach of Fiduciary Duty; and (7) Negligence as Managing Member of Limited Liability Company. On December 9, 2020, the Court granted Defendant's motion for judgment on the pleadings in part and dismissed the Fourth and Fifth Causes of Action. The case is currently set for a jury trial starting on Novem...
2021.09.30 Motion for Leave to File Complaint-in-Intervention 971
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.30
Excerpt: ... divided their community assets and liabilities in the pending dissolution case. The Court hereby continues the hearing to October 7, 2021 for the submission of a proposed order by counsel. Counsel must submit a revised Complaint In Intervention with the proposed order. Counsel need not file the supplemental papers. She may simply lodge copies in Department 518 as long as she provides copies to opposing counsel. The Court cannot permit counsel to...
2021.09.23 Motion to Expunge Lis Pendens 992
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.23
Excerpt: ...d and Defendants were represented by Joshua Brysk and Laurie Yoon. Plaintiffs' current counsel formally substituted into the case on July 26, 2021. Defendants' new counsel made their initial appearance on August 5, 2021. The ten (10) notices of pendency of action were recorded in late July 2021. Defendant Phangureh's motion to expunge lis pendens is granted because Plaintiffs have not asserted a real property claim against him in their Complaint....
2021.09.23 Motion for Sanctions 374
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.23
Excerpt: ...able about the law, he has an affirmative obligation to conduct legal research if he intends to represent himself. In this case, Plaintiff argues that Defendants committed perjury during the course of pretrial discovery. Plaintiff contends that the Court should award him $150,000 because he was able to document 15 instances of perjury. If Defendants have committed a crime, then perhaps Plaintiff should give notice of their actions to the police o...
2021.09.23 Motion for Leave to File FAC 658
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.09.23
Excerpt: ...at she is not responsible for Plaintiff's injuries because the stove and oven belonged to the tenant and not her. Plaintiff disputes this contention. Plaintiff argues that the burst of flames that injured her was caused, at least in part, on the PG&E gas line that Defendant had a duty to inspect and maintain. The Complaint was filed on September 3, 2019. Plaintiff now seeks authorization to add the claims of her minor children, Josiah Miller and ...
2021.08.26 Motion to Compel Binding Arbitration 072
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.26
Excerpt: ...on an opportunity to file its own motion to compel arbitration or to give notice that it does not intend to move to compel arbitration. The August 16, 2021 deadline set by the Court in the order passed without CVHCARE Corporation making the required election. CVHCARE Corporation, however, did appear through its attorneys to seek an order allowing Plaintiffs to file a First Amended Complaint by stipulation. As previously indicated, the Court does ...
2021.08.26 Demurrer 514
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.26
Excerpt: ...causing the vehicle to stall." Plaintiff alleges in paragraphs 11 and 12 that BMW authorized repair facilities could not fix the drivetrain malfunction after several attempts. Plaintiff's original Complaint, filed on January 28, 2020, included claims for breach of express and implied warranties under the Song-Beverly Act. Defendant filed its Answer on May 22, 2020. After Defendant filed a motion for judgment on the pleadings, Plaintiff voluntaril...
2021.08.12 Motion for Summary Judgment, Adjudication 607
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.12
Excerpt: ... Street, in Oakland, at approximately 12:00 a.m., on January 20, 2019. Plaintiff Coleman, who entered the intersection with the traffic light green, was struck by a white Ford F-150 owned by and registered to Defendants. The driver of the pickup truck got out of the cab and fled on foot before emergency personnel arrived on scene. Defendants concede for purposes of this motion that the driver of the pickup truck was their former employee, Dominiq...
2021.08.11 Demurrer 500
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.11
Excerpt: ...79th Avenue, in Oakland (rental property). The Court is very familiar with Plaintiff's allegations and contentions. There have been many motions filed in this case since Plaintiff filed her initial Complaint on November 5, 2020. The subject Verified Second Amended Complaint includes six causes of action. Plaintiff asserts these causes of action against Defendant Nelson: (1) First Cause of Action for Financial Elder Abuse; and (2) Fifth Cause of A...
2021.08.05 Motion to Compel Arbitration 196
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.08.05
Excerpt: ...fosys in March 2017 as an Associate Engagement Manager at an initial salary of $140,000 per year. Plaintiff was also entitled to receive an annual bonus equal to thirty percent (30%) of her salary. Although Plaintiff's offer letter instructed her to report to the Infosys office in Newark, in Alameda County, she alleges in the Complaint that she worked in the Infosys office on the Apple campus in Palo Alto. Plaintiff alleges in the Complaint that ...
2021.07.28 Demurrer 344
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.28
Excerpt: ... Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiff also did not clearly indicate whether it claims Defendants are liable for intentional misrepresentation, negligent misrepresentation, or concealment of material fact. If Plaintiff intends to base its claim on the false testimony of Defendants Eric and Jerry Tran during the depositions that were taken after the settlement agreement was executed in 2018, it must all...
2021.07.15 Motion to Quash Service of Subpoenas 500
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.15
Excerpt: ...r and to steal her properties. Defendants naturally deny all of Plaintiff's claims. Defendants assert that Plaintiff's properties were sold at foreclosure because she defaulted on her loan payments. Defendant has met his burden of establishing that the bank records that Plaintiff sought to obtain through her service of the deposition subpoena to Provident Credit Union are protected by his constitutional right of privacy. See Fortunato v. Superior...
2021.07.15 Motion for Summary Judgment, Adjudication 030
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.15
Excerpt: ... Mohammed Ahmad. The operative Complaint is the Second Amended Complaint filed on March 8, 2018. The Court made rulings on two demurrers filed by Defendant to the First Amended Complaint and Second Amended Complaint. Plaintiff's daughter, 19-year-old Rusamie "Ashly" Phong Phoumy ("Ashly") was killed with a knife by Defendant's half-brother, Abdol Ali Omar, on the morning of November 30, 2014, at Defendant's business, Oakland Market. Plaintiffs as...
2021.07.14 Motion to Stay Instant Action 686
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.14
Excerpt: ...e. An earlier trial date had been vacated due to the partial closure of the Alameda County Superior Court due to the Covid-19 state of emergency. Plaintiff alleges in the underlying case that individuals that she trusted to help her run her law office defrauded her over the course of years and destroyed her practice. Plaintiff alleges in this action that attorney Jacobson failed to represent her competently in the underlying case and also billed ...
2021.07.07 Motion to Set Aside Discovery Orders 052
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.07
Excerpt: ...ablish that Plaintiff's discovery motions were granted due to their mistake, inadvertence, surprise, or excusable neglect. Plaintiff's attorney caused the subject requests for admission to be served on Defendants on September 25, 2020. The discovery was served directly on Defendants because their attorneys successfully moved to be relieved as their counsel days before. Defendants did not serve any responses by the due date of October 30, 2020, no...
2021.07.07 Motion to Quash Subpoenas Duces Tecum 933
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.07
Excerpt: ...otion to quash service of a document subpoena. The Court agrees with Plaintiff's contention that his educational records are subject to a right of privacy. The Court, however, does not agree that Defendant may not obtain the records under any circumstances in this personal injury case involving a claim of traumatic brain injury. Defendant may obtain access to Plaintiff's records if it is able to demonstrate that they are directly relevant to the ...
2021.07.07 Motion to Compel Submission of Claims to Binding Arbitration 612
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.07
Excerpt: ...malfunction caused a nauseous odor to enter the passenger compartment. Plaintiff alleges that the defect could have caused serious personal injury. Plaintiff alleges that the smell caused him to become ill. Finally, Plaintiff alleges that the dealer and manufacturer failed to offer him a replacement vehicle or other forms of restitution despite being unable to make adequate repairs to correct the problem. The Court reviews the parties' admissible...
2021.07.07 Motion to Compel Further Responses 500
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.07
Excerpt: ...'s memorandum does not appear to be directed to the response to form interrogatory no. 50.2. Plaintiff's counsel contends that the papers would have been clearer if defense counsel had not refused the request for a 30- day extension of time to file. This is most likely true. Plaintiff's argument is largely focused on her contention that Defendant failed to provide correct responses to written discovery and the contention that Defendant may have d...
2021.07.07 Motion for Summary Judgment, Adjudication 459
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.07
Excerpt: ...4, 2020. Counsel indicated that they were moving the hearing date based on an agreement among all counsel. The hearing date has since been continued several times because 24 Hour Fitness USA, Inc. filed a petition for bankruptcy protection. The parties have advised the Court that the bankruptcy stay has been lifted. The Court continued the hearing from May 20, 2021 in order to obtain courtesy copies of Defendant's original papers. The Court began...
2021.07.01 Demurrer 101
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.07.01
Excerpt: ... Amended Complaint, Plaintiff alleges that he resides at the property. On December 5, 2006, Plaintiff obtained a mortgage loan from Mortgageclose.com, Inc. in the sum of $139,000.00. The lender recorded a Deed of Trust in the Official Records of Alameda County on December 6, 2016. On August 19, 2019, an Assignment of the Deed of Trust was recorded that assigned the Deed of Trust from Mortgageclose.com, Inc. to U.S. Bank. On January 16, 2020, a Su...
2021.06.30 Demurrer 459
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.06.30
Excerpt: ...ponsible for the substantial increase in the amount of the IRS lien on the property. Although the IRS tax lien was recorded in the Alameda County Recorder's Office, Plaintiff claims it was not aware of its existence until approximately 18 months after the trustee's sale. Plaintiff asserts that Defendant had a statutory duty to inform the IRS of the sale so that the agency could present its claim for payoff. Defendant essentially asserts that the ...
2021.06.17 Motion to Compel Further Responses 513
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.06.17
Excerpt: ...ms pled and the facts alleged by Plaintiff Wilson in the operative Fourth Amended Complaint filed on May 13, 2020. Defendant filed several demurrers, motions to strike, and a motion for judgment on the pleadings in response to Plaintiff's Second Amended Complaint and Third Amended Complaint. On August 10, 2020, Defendant served the subject contention interrogatories on Plaintiff Wilson. Based on its review of the Fourth Amended Complaint, I belie...
2021.06.10 Motion to Compel Arbitration 971
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.06.10
Excerpt: ... partnership, Clovis Body & Paint, owned by Plaintiff Lim and her son. There was a fire on May 11, 2016. Defendant is the property insurer. Defendant agreed to cover most of the loss and paid Plaintiff and the other owners the sum of $450,641.00. Defendant, however, declined to pay for damage to an industrial paint spray booth. Defendant contends that the industrial spray booth was owned by the tenant and was therefore not part of the insured pre...

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