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Location: Alameda x
Judge: McKinney, Patrick x
2020.01.13 Demurrer 212
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2020.01.13
Excerpt: ...sist him. Feldman, in which a landlord brought an anti-SLAPP motion against the cross-complaint of a tenant and subtenant, is inapposite. The anti-SLAPP statute does not bar defendant from raising defenses to plaintiff's unlawful detainer claim. To the extent plaintiff contends that CCP §425.16 bars affirmative defenses regarding the veracity or legal sufficiency of the various notices served in this case, this argument is not well taken. Defend...
2019.12.11 Petition for Relief from Government Claim 475
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2019.12.11
Excerpt: ...r relief under Code of Civil Procedure section 473(b). (Mitchell v. Dept. of Transportation (1985) 163 Cal.App.3d 1016, 1021.) When a petition for relief is based on attorney fault and the petitioner is not challenging a default, default judgment or dismissal, the petitioner must establish that the attorney's neglect was excusable. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65.) The Petition is not accompanied by a declaration...
2019.12.3 Motion to Compel Neuropsychological Exam 092
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2019.12.3
Excerpt: ...ith post concussive syndrome, depression, memory loss, problems with irritability and concentration sleep problems and tinnitus. Plaintiff further stated that he has post-concussive symptoms which ranged from ear noise, anxiety, depression, memory loss, irritability, concentration problems, anger, mood swings, sleep disturbance, flashbacks and vision problems. On March 6, 2017, plaintiff appeared for deposition and testified that he continues to ...
2019.11.21 Petition for Relief from Govenment Claim Filing Requirements 475
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2019.11.21
Excerpt: ... relief under Code of Civil Procedure section 473(b). (Mitchell v. Dept. of Transportation (1985) 163 Cal.App.3d 1016, 1021.) When a petition for relief is based on attorney fault and the petitioner is not challenging a default, default judgment or dismissal, the petitioner must establish that the attorney's neglect was excusable. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65.) The Petition is not accompanied by a declaration ...
2019.11.20 Demurrer 479
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2019.11.20
Excerpt: ...ously existed as ARDA LLC fka Anson's Group LLC, or that it had previously done business under other names. The lease is not attached to the complaint. However, the notice, attached to the complaint as Exhibit 2, quotes paragraph 38 of the lease. The court finds that the plain language of paragraph 38, as stated in the notice, fails to identify a breach of any obligation under the lease, because it merely identifies grounds under which plaintiff ...
2019.5.23 Motion to Set Aside Default 383
Location: Alameda
Judge: McKinney, Patrick
Hearing Date: 2019.5.23
Excerpt: ... party in time to defend an action. (CCP §473.5.) Relief under §473.5 must be sought within a "reasonable time," not to exceed two years after entry of default judgment. A motion for relief under CCP §473.5 must show the lack of actual notice was not due to the party's avoidance of service or inexcusable neglect. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180.) The court finds that the declaration submitted by Sparx 7, LLC managing member...

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