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Location: Alameda x
Judge: Hayashi, Dennis x
2021.03.03 Motion to Compel Binding Arbitration 919
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.03
Excerpt: ...ncidents of hostile, boorish and sexist behavior while employed by Defendant, and that the supervisors and members of the human resources department failed to take the problems seriously. Plaintiff alleges that when her co-workers and supervisors learned that she was reporting their behavior, she was subjected to increased harassment from them. Plaintiff filed her Complaint on July 2, 2020. Plaintiff served Defendant with the summons by notice an...
2021.03.03 Demurrer 389
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.03.03
Excerpt: ...note for the balance. Plaintiff's action is not based on Defendant's failure to pay the acquisition price. Instead, Plaintiff claims that Defendant has taken positions in connection with the calculation and payment of the Closing Working Capital that it knows have no merit simply to delay payment of the $1,800,000 owed after the Post-Closing Adjustment was made. The Court notes at the outset that it is required to accept Plaintiff's well-pled all...
2021.02.24 Motion to Compel Further Responses 223
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.24
Excerpt: ...uraged from giving multiple extensions of time to file a motion to compel instead of dealing substantively with the dispute as early as possible. The Court will not grant Plaintiff's request for an award of discovery sanctions because her attorneys did not comply with their obligation to make a reasonable and good faith attempt to resolve each disputed issue prior to filing the motion on December 18, 2020. See CCP § 2016.040 (facts showing that ...
2021.02.24 Motion to Compel Arbitration 957
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.24
Excerpt: ...s' claims are based on their purchase of Defendants' property located at 6450 Oakwood Drive, in Oakland, on January 30, 2019. Plaintiffs were in the market for a house in the San Francisco Bay Area because Plaintiff Vessere had accepted a job offer in the area. Plaintiffs were living in Canada when they contacted local realtor Raymond Markarian. Mr. Markarian's agency is Marker Real Estate. Plaintiffs allege in the Complaint that Defendant Markar...
2021.02.24 Motion for Summary Judgment, Adjudication 030
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.24
Excerpt: ... 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. Defendant contends in his motion that the Court should grant summary judgment because he owed no duty to Ashly to protect her from an unforeseeable attack ...
2021.02.18 Motion to Compel Further Responses 575
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.18
Excerpt: ...hat the accident occurred well after sunset because Plaintiffs were on a post-dinner walk. Plaintiffs were walking within a crosswalk. Plaintiffs had activated the warning light to alert cars on Driscoll Road that someone was crossing the street within the crosswalk. Defendant Chang struck one or both Plaintiffs with her vehicle. Plaintiffs contend that Defendant was using her cell phone and not paying attention to her surroundings. Plaintiffs ha...
2021.02.18 Motion for Summary Judgment 152
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.18
Excerpt: ...d's locked vehicle and stole camera equipment worth approximately $91,004.00. After Plaintiff paid its insured on the property loss claim, it became subrogated to its right to assert a claim against Defendant landlord. Plaintiff asserts two causes of action against Defendant in its Complaint. Plaintiff's First Cause of Action is for Negligence. The Second Cause of Action, entitled "Res Ipsa Loquitur," is not in fact a cause of action but is inste...
2021.02.17 Special Motion to Strike FAC 932
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.17
Excerpt: ...irst Amended Cross-Complaint was served by mail to counsel at an incorrect mailing address. See CCP §§ 425.16(f) and 1013. Counsel's correct mailing address is 11 Golden Shore, Suite 430, Long Beach, California 90802. Counsel has never used a different address since this action was filed in June 2020. Cross-Defendant has met his initial burden of establishing that Cross-Complainant's causes of action are based on his filing of his Complaint for...
2021.02.10 Motion for Summary Judgment 034
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.10
Excerpt: ...aint and in her opposition that she identifies as Hispanic and Latino. Although Plaintiff was born in Mexico, she has lived in Lake County for many years and is fluent in Spanish and English. Defendant NUHW represents about 15,000 healthcare workers holding various positions in California. Defendant NUHW hired Plaintiff as an internal union organizer in September 2015. Plaintiff testified that her responsibility was to generate more enthusiasm fo...
2021.02.04 Motion to Set Aside Default 475
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.04
Excerpt: ...This case involves a dispute between Defendant Huang and her former attorney, Linda Shao, of Shao Law Firm. Plaintiff represented Defendant in litigation involving a business dispute in this Court. That case was assigned case number RG16804034. Plaintiff caused Defendant to be personally served with the summons on July 10, 2020. Counsel for Defendant states that his client told him that she was served on July 15, 2020. Based on this information, ...
2021.02.03 Motion to Compel Responses, for Sanctions 102
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.02.03
Excerpt: ...laintiff's compliance with its discovery obligations starting in July 2020. The parties should know that the Court did review their memoranda and the declarations of counsel. The Court agrees with Defendant's contention that it was more than accommodating to Plaintiff's counsel when repeated requests for additional time were made. The Court notes that Plaintiff waited until almost sixty (60) days had passed after Defendant served the motion to co...
2021.01.27 Demurrer 101
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.01.27
Excerpt: ...he First 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, 20...
2021.01.21 Special Motion to Strike 578
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.01.21
Excerpt: ...he month-to-month lease on June 1, 2014. Defendant Jordan purchased the property in 2016. Plaintiffs allege in their Complaint that Defendant has not complied with the myriad laws requiring her to maintain the premises in a safe and habitable condition since 2016. Plaintiff describes the problems with their unit and the common areas in paragraphs 12 and 13 of the Complaint. Plaintiffs allege that Defendant Jordan has known about the conditions fo...
2021.01.14 Demurrer 279
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.01.14
Excerpt: ...ding to the First Amended Complaint, the original developer contracted with Lowney Architects, Inc. to provide the designs for the project. On or about September 24, 2014, the developer entered into a contract with Deacon Corp. to act as the general contractor for the construction of the property. Deacon Corp. then entered into several subcontracts, including a subcontract with High End Development, Inc. to serve as the waterproofing subcontracto...
2021.01.13 Demurrer 229
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.01.13
Excerpt: ... Partners, Inc. Although not specifically referenced in the notice of demurrer, Defendant does indicate that the demurrer is directed to the entire First Amended Complaint. 2. Defendant's demurrer to Plaintiffs' Second Cause of Action for Intentional Misrepresentation, pursuant to CCP § 430.10(e), is SUSTAINED WITH LEAVE TO AMEND. The Court begins with the observation that it is required to accept Plaintiffs' factual allegations as true even if ...
2021.01.07 Motion for Attorney's Fees 791
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2021.01.07
Excerpt: ...his action after Plaintiff voluntarily dismissed the remaining claims in the First Amended Complaint on October 2, 2020. Although the lease agreement does not include an express attorney's fee provision, Defendants contend that the Court can infer the existence of an agreement in paragraph 8, which is entitled, "Hold Harmless." The provision reads as follows: Tenant shall indemnify and hold Landlord harmless from and against any and all claims ar...
2020.12.17 Motion for Summary Judgment 026
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.12.17
Excerpt: ... v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636 (plaintiff's claims and allegations limit the scope of issues relevant to motion); and Hutton v. Fidelity Nat'l Tile Co. (2013) 213 Cal.App.4th 486, 493 (same). Plaintiff Le was employee of the UC Berkeley Center for Latino Policy Research from 2013 until June 30, 2014, also earned her Ph.D. in Political Science at UC Berkeley in 2010. Dr. Le is currently the CEO and President of the Institute...
2020.12.10 Motion to Modify Subpoenas Duces Tecum 419
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.12.10
Excerpt: ...er, SFO Airporter, Inc. After serving basic initial discovery requests and obtaining responses from Plaintiff, Defendants' attorneys served at least eight (8) subpoenas duces tecum on medical providers, a chiropractic office, and Plaintiff's employer, Helix Electric, Inc. The subpoenas were served on September 11, 2020. Plaintiff's counsel made a written objection to the subpoenas before the records were collected and delivered to Macro-Pro, Inc....
2020.12.09 Motion for Judgment on the Pleadings 878
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.12.09
Excerpt: ...Ms. Darrow, a named Plaintiff, and the other Plaintiffs did not submit a verification with the original Complaint. The Complaint included the following causes of action: (1) breach of limited liability company's operating agreement; (2) conversion of corporate assets; (3) forcible detainer; (4) unfair business practice [sic]; (5) breach of fiduciary duty; (6) and negligence in manager's operations of limited liability corporation. On November 6, ...
2020.12.03 Motion to Compel Responses to Deposition Questions 087
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.12.03
Excerpt: ...017, wherein Plaintiff sustained severe injuries to his right hand while working on the deck of a vessel when a heavy metal crane block dropped from a loading crane and struck Plaintiff. Bulk Shipping seeks an order compelling Plaintiff to respond to deposition questions regarding his psychiatric history, which Bulk Shipping claims that Plaintiff has put at issue in this action. (Declaration of Andrew I. Port ["Port Dec."], Ex. D at p. 33:16- 17 ...
2020.11.19 Motion for Summary Adjudication 399
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.11.19
Excerpt: ...hough the case was filed on July 1, 2019, this is the first time that the Court has had to review the details of the parties' dispute. The only other motion filed by the parties prior to the motion for summary adjudication is Plaintiffs' motion for leave to file a Second Amended Complaint, and that motion was dropped prior to the hearing based on the parties' stipulation. Plaintiffs have sued Defendants because they issued primary and excess insu...
2020.11.18 Motion for Summary Judgment, Adjudication 166
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.11.18
Excerpt: ...se of Action for Fraudulent Concealment. Defendant filed its motion for summary judgment on May 5, 2020. Defendant requests the entry of judgment in its favor as to Plaintiff's First, Second and Third Causes of Action, as well as Plaintiffs' request for a civil penalty pursuant to Civil Code § 1794(c). On June 11, 2020, the case was reassigned from Department 521 to Department 518 for all purposes. Defendant's motion is denied because it has not...
2020.11.12 Demurrer 598
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.11.12
Excerpt: ...t attach a copy of the Settlement Agreement referenced in paragraph 38 of the First Amended Complaint. Plaintiff should have attached the Settlement Agreement because its provisions are the basis of Plaintiff's claims against Builders Protection Group, LLC. The Court understands that the Homeowners Association ("HOA") of Sierra at Jack London Square ("the HOA"), Richard Avelar & Associates Reconstruction Services, Inc. ("Richard Avelar & Associat...
2020.11.04 Motion for Leave to File Complaint in Intervention 389
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.11.04
Excerpt: ...ng's Complaint and Plaintiff's Application for a Writ of Attachment against Defendant. Plaintiff King sold his business to Defendant in 2019 for the total sum of $35,000,000. Defendant paid $25,000,000 to King and gave him a promissory note for the balance. The terms and conditions of the transaction are set forth in the Amended and Restated Asset Purchase Agreement, dated on or about July 12, 2019. Plaintiff filed his Complaint against Defendant...
2020.10.29 Demurrer 772
Location: Alameda
Judge: Hayashi, Dennis
Hearing Date: 2020.10.29
Excerpt: ...ignored all attempts to meet and confer prior to the filing of the demurrer on July 21, 2020. Counsel for Cross-Complainant was ordered to retain a court reporter to make a record of counsel's meet-and-confer discussions. There is no apparent justification for counsel's failure to comply with the earlier order. Cross-Defendant's demurrer to the entire Cross-Complaint based on its contention that Cross-Complainant is the same individual as Paul Si...

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