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

268 Results

Clear Search Parameters x
Location: Alameda x
Judge: Gee, Delbert x
2021.10.05 Special Motion to Strike 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ...ng and recording of a lis pendens is protected activity under C.C.P. § 425.16(e)(2). This issue was extensively analyzed by in Park 100 Investment Group II, LLC v. Ryan (2009) 180 Cal.App.4th 795. To show a probability of prevailing for purposes of section 425.16, a plaintiff must "make a prima facie showing of facts which would, if proved at trial, support a judgment in plaintiffs favor. [citation.]" (ComputerXpress. Inc. v. Jackson (2001) 93 C...
2021.10.05 Motion to Approve Proposition 65 Settlement, for Entry of Consent Judgment, to Seal Record 332
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ..., sold and/or distributed 12 types of nutritional supplement products (the "Supplements"), which Plaintiff alleges contain lead, a known cancer‐causing substance. Plaintiff's supplemental evidence identifies the levels of lead discovered by the testing of said Supplements and what amounts of lead consumers would be consuming based on typical daily serving sizes. (See Records Filed under Seal, pages immediately following Hajdu Sales Dec..) The p...
2021.10.05 Demurrer 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ...nspiracy allegations to evade their obligation to plead fraud‐based causes of action with particularity. Further, the Court does not understand how TILA or Regulation Z (12 C.F.R. § 1026.1 et seq.) can possibly apply to the at‐issue loans as alleged in the SAC's Sixth Cause of Action, where the loans were extended to a limited liability company, rather than to a "consumer" as defined at 12 C.F.R. § 1026.2(a)(8) and (11) (i.e., a "natural pe...
2021.10.05 Demurrer 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.05
Excerpt: ... slander of title to two properties in Pleasanton, CA; (4) intentional interference with prospective economic advantage (re: the four Pleasanton properties); (5) intentional interference with prospective economic advantage (the Fremont properties); (6) intentional interference with prospective economic advantage (the two Pleasanton properties referenced in the third cause of action); (7) negligent interference with prospective economic advantage ...
2021.10.01 Motions to Compel Further Responses 204
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ...'s Motion to Compel Further Responses to SROG Nos. 18-21 and 66 is GRANTED IN PART and DENIED IN PART. Plaintiff's Motions to Compel Further Responses to RFA Nos. 9-10 and FROG No. 17.1 with respect to RFA Nos. 9-10 are GRANTED. Plaintiff's Motion to Compel Further Responses to RFPD Nos. 30, 32 and 47 is GRANTED. Defendant shall serve verified further responses to Plaintiff's at-issue written discovery requests as Ordered herein no later than Fri...
2021.10.01 Motion to Set Aside Default 639
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ... from default [citations].' " (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, quoting Elston v. City of Turlock (1985) 38 Cal.3d 227, 233). If a defendant promptly seeks relief and there is no showing of prejudice to the plaintiff " 'very slight evidence will be required to justify a court in setting aside the default.' " (Elston, supra, 38 Cal.3d at p. 233.) Further, although there is no legal obligation to warn an opposing party before applyi...
2021.10.01 Motion to Set Aside Default 639
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ... from default [citations].' " (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, quoting Elston v. City of Turlock (1985) 38 Cal.3d 227, 233). If a defendant promptly seeks relief and there is no showing of prejudice to the plaintiff " 'very slight evidence will be required to justify a court in setting aside the default.' " (Elston, supra, 38 Cal.3d at p. 233.) Further, although there is no legal obligation to warn an opposing party before applyi...
2021.10.01 Motion to Expunge Lis Pendens 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ... no later than 4:00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent da...
2021.10.01 Motion to Dismiss Cross-Complaint 202
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ...ion to Dismiss the Cross-Complaint of defendant and cross-complainant Dellesia Onifade ("Onifade") for Delay in Prosecution is GRANTED for the reasons set forth below. The Court declines to rule on Fonteno's Motion for Writ of Execution and Abstract of Judgment. Fonteno has remedies to enforce a prior monetary sanctions award that do not require a further Order of Court. (See Newland v. Sup. Ct. (1995) 40 Cal.App.4th 608, 615.) Kennedy's Motion f...
2021.10.01 Motion to Dismiss Cross-Complaint 202
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.10.01
Excerpt: ...ion to Dismiss the Cross-Complaint of defendant and cross-complainant Dellesia Onifade ("Onifade") for Delay in Prosecution is GRANTED for the reasons set forth below. The Court declines to rule on Fonteno's Motion for Writ of Execution and Abstract of Judgment. Fonteno has remedies to enforce a prior monetary sanctions award that do not require a further Order of Court. (See Newland v. Sup. Ct. (1995) 40 Cal.App.4th 608, 615.) Kennedy's Motion f...
2021.09.28 Motion to Compel Deposition of PMK 481
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.28
Excerpt: ...s and Other Things at Time of Deposition to the Person(s) Most Knowledgeable from Defendant Target Corporation. The PMQ deposition was scheduled to take place on April 13, 2021. On April 7, 2021, Defendant served its objections to the deposition notice. The parties met and conferred, and in this process, counsel for Target stated it would not proceed with further discovery served by plaintiff until plaintiff serves verified answers to discovery a...
2021.09.28 Motion for Terminating Sanctions 005
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.28
Excerpt: ...int alleging various related breaches of contract by Tai Hua and Wu Ning in their business dealings with Cross-Complainants. Defendants ESUN (USA) Inc., BLUSA, Inc. and Shaanxi Sunrise USA have all had their defaults entered. LBYUSA, Inc. ("LBYUSA") is a suspended California corporation and its pleadings have been stricken. On January 17, 2021, Tai Hua propounded special interrogatories and inspection demands related to Tai Hua's contention that ...
2021.09.17 Motion for Summary Judgment 056
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.17
Excerpt: ... a non-obvious dangerous condition of the premises. In Opposition, Plaintiff fails to submit sufficient evidence to create triable issues of material fact regarding Roger's control over or legal responsibility for the alleged dangerous conditions. Further, Plaintiff does not present any legal authority for the proposition that a tenant in Roger's position would have a duty to warn Plaintiff of or remedy the alleged dangerous external conditions. ...
2021.09.17 Demurrer 284
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.17
Excerpt: ... Friday, October 8, 2021. This tentative ruling will automatically become the Court's final order on Friday, September 17, 2021 unless, by no later than 4:00 p.m. on Thursday, September 17, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, a...
2021.09.14 Motion for Summary Judgment 522
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.14
Excerpt: ...ecome the Court's final order on Tuesday, September 14, 2021 unless, by no later than 4:00 p.m. on Monday, September 13, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be c...
2021.09.14 Motion for Leave to File SAC 924
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.14
Excerpt: ...ach of Contract and Common Counts in the First Amended Complaint filed after the Court granted in part Defendants' motion for judgment on the pleadings with leave to amend. The Court agrees with Defendants' contention that Plaintiff's motion does not comply with the procedural requirements set forth in Rule of Court 3.1324(a)(2) and (3). In addition, Plaintiff's supporting declaration does not comply with the requirements set forth in Rule of Cou...
2021.09.14 Demurrer 153
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.14
Excerpt: ...provision cited by Plaintiff's attorney prohibits landlords from reporting or threatening to report individuals to immigration authorities. The First Amended Complaint includes no allegations concerning the immigration status of anyone involved in the case. Plaintiff is hereby granted leave to allege a claim for retaliation under a different provision of section 1942.5. 2. Defendants' demurrer to Plaintiff's Tenth Cause of Action for Constructive...
2021.09.10 Motion to Quash Service of Summons 768
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.10
Excerpt: ...ion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." (CCP § 418.10(a)(1).) A defendant is "under no duty to act upon a defectively served summons." (Kappel v. Bartlet (1988) 200 Cal. App. 3d 1457, 1466.) "The requirement of notice 'is not satisfied by actual knowledge without notification conforming to the statutory requirements' . . . it is long-settled that methods of service are to be st...
2021.09.07 Motion to Strike Complaint 086
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.07
Excerpt: ... essentially seeking to re-write the Complaint to qualify an admittedly appropriate prayer for pre-judgment interest to limit the statutory bases on which Plaintiff may seek an award of pre-judgment interest at trial. This Defendants may not properly do. Defendants may file and serve an Answer no later than Friday, September 24, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, September 7, 2021 unless, by ...
2021.09.07 Demurrer 804
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.07
Excerpt: ...uesday, September 7, 2021 unless, by no later than 4:00 p.m. on Friday, September 3, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, September 8...
2021.09.03 Motion for Preliminary Injunction, for Appointing a Receiver 818
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.03
Excerpt: ...927 83rd Avenue, Oakland, CA 94621, Assessor's parcel No. 43-4565- 11 (the "Subject Property") during the pendency of this action. The Court also GRANTS IN PART a limited stay of the proceedings so that the parties may engage in what appears to be mandatory arbitration of the underlying attorneys' fees dispute between Plaintiff and Defendant, as set forth in greater detail below. The Court otherwise DENIES the Motion as to the additional relief r...
2021.09.03 Demurrer 815
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.03
Excerpt: ...g") and Defendant FZ Global Investment, Inc., DBA A1 Laundromat ("FZ Global") on September 17, 2019. Plaintiff financed equipment for use in a laundromat at a cost of $379,065. The Agreement provided Eastern with a security interest in the financed equipment and in all of FZ Global's other equipment and assets. Defendant Mohamed Arahimi ("Arahimi") personally guaranteed FZ's Global's performance under the Agreement as purported "100%" owner of FZ...
2021.09.03 Demurrer 349
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.03
Excerpt: ...erty, the parties agreed that they would each hold a 50% interest, but title would vest as Defendant holding a 99% interest and Plaintiff holding a 1% interest for the purpose of obtaining a loan. Plaintiff alleges the parties agreed that Defendant would then transfer a 49% interest in the Property to Plaintiff after the purchase but Defendant has reneged. Plaintiff alleges the following causes of action against Defendant: (1) quiet title; (2) fr...
2021.09.01 Motion to Set Aside or Vacate Dismissal 768
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.01
Excerpt: ...-Complaint WITH LEAVE TO AMEND. The Court suspects that the 5/18/2021 Order on Demurrer had not promptly entered into the Court's electronic Domain case filing system at the time the Defendant attempted to drop-box file his SACC on 5/19/2021. Further, the Court's Filing Department has been experiencing a severe backlog that has prevented timely filing of papers due to staffing shortages caused by the Covid pandemic. In any event, Defendant's FACC...
2021.09.01 Demurrer 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.09.01
Excerpt: ... paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...
2021.08.31 Motion to Compel Arbitration and Stay Proceedings 215
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.31
Excerpt: ..., ARBM, Inc., Subaru of America, Inc. and Subaru Corporation, alleging he was subjected to discrimination, harassment and retaliation. Villanueva alleges that almost immediately upon his hire he became subjected to harassing and discriminatory behavior by defendant Deeds who made offensive comments about Villanueva ethnicity, physically assaulted Villanueva while doing racist impressions, and ultimately terminated Villanueva's employment when Vil...
2021.08.27 Demurrer 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.27
Excerpt: ... paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...
2021.08.25 Motion to Compel Further Deposition 918
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.25
Excerpt: ...rst Amended Complaint alleges in part that on 11/11/2016, while he was at Defendant's Oakland flea market where he intended to sell merchandise, he was accosted, physically attacked and beaten, sustaining life-threatening injuries. Plaintiff alleges that Defendant owed him a duty to prevent the attack in spite of knowledge of similar prior conduct at the flea market. Plaintiff seeks to discovery information and documents regarding any such allege...
2021.08.24 Motion to Compel Further Responses 660
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.24
Excerpt: ... 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 25, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The...
2021.08.20 Motion to Strike 189
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.20
Excerpt: ...eading" for failing to admit liability. The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (C.C.P. §437.) Plaintiffs' requests for judicial notice are denied. The Court is not required to take judicial notice of the statements in counsel's declaration or any of the alleged "facts and propositions" or other matters in the request for jud...
2021.08.20 Demurrer, Motion to Strike 014
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.20
Excerpt: ...ruling will automatically become the Court's final order on Friday, August 20, 2021 unless, by no later than 4:00 p.m. on Thursday, August 19, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requeste...
2021.08.20 Demurrer 360
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.20
Excerpt: ...d support a claim for vicarious liability under the remaining negligence cause of action. (C.A. v. William S. Hart Union High School District (2012) 53 Cal.4th 861, 879.) Finally, the Court sua sponte ORDERS STRICKEN the words "section 835 encompassing" at pp. 18:14-16 in ¶ 84 of the TAC, as filed on 7/29/2021. Gov't Code 835 creates public entity liability for injury caused by dangerous conditions of public property, a cause of action which the...
2021.08.10 Motion to Expunge Lis Pendens 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.10
Excerpt: ... no later than 4:00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent da...
2021.08.10 Demurrer 434
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.10
Excerpt: ...00 p.m. on Monday, August 9, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 11, 2021 at 1:30 p.m. or at a subsequent date and time set b...
2021.08.04 Motion to Strike 133
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.04
Excerpt: ...19, 2021. Having now reviewed the substance of the First Amended Complaint attached to the Declaration of Defendant's attorney, Ryan M. Duffy, the Court finds that there are significant deficiencies that must be addressed before the motion to strike can be heard. First, the First Amended Complaint, which is erroneously captioned as the "Complaint," is deficient on its face. Plaintiff's First Cause of Action, which is one of the claims subject to ...
2021.08.04 Motion to Compel Statement of Damages, RFAs, for Monetary Sanctions 444
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.04
Excerpt: ... and production of documents requested in the Notice of Deposition, the Court ORDERS THE PARTIES TO APPEAR at the hearing set for Wednesday, August 4, 2021 at 1:30 p.m. in Dept. 514. MOTION TO COMPEL STATEMENT OF DAMAGES AND RFA RESPONSES, ETC. County submits evidence that it duly served plaintiff Yolanda Harris ("Plaintiff") with the RFAs and the Form Rogs on 4/30/2021 by regular mail. (Moving Pardo Dec. ¶ 3 and Exhs. B and C.) Therefore, Plain...
2021.08.04 Motion to Compel Arbitration 813
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.04
Excerpt: ... approached Plaintiff from behind, placed his hand on hers and firmly pressed his groin into her buttocks such that she could feel his penis. Plaintiff alleges that Tesla knew of the Team Leader's propensity for sexual harassment of young female employees but Tesla nevertheless assigned plaintiff to work with thisTeam Leader. Plaintiff alleges that Tesla threatened that if closed circuit footage did not support her claims against the Team leader ...
2021.08.04 Demurrer 133
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.08.04
Excerpt: ...iewed the substance of the First Amended Complaint attached to the Declaration of Defendant's attorney, Ryan M. Duffy, the Court finds that there are significant deficiencies that must be addressed before the demurrer can be heard. First, the First Amended Complaint, which is erroneously captioned as the "Complaint," is deficient on its face. Plaintiff's First Cause of Action, which is one of the claims subject to the demurrer, is not properly ca...
2021.07.30 Motion to Compel Arbitration 813
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.30
Excerpt: ... approached Plaintiff from behind, placed his hand on hers and firmly pressed his groin into her buttocks such that she could feel his penis. Plaintiff alleges that Tesla knew of the Team Leader's propensity for sexual harassment of young female employees but Tesla nevertheless assigned plaintiff to work with thisTeam Leader. Plaintiff alleges that Tesla threatened that if closed circuit footage did not support her claims against the Team leader ...
2021.07.28 Motion to Substitute Plaintiff 186
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.28
Excerpt: ...ntiff's successor in interest within the meaning of CCP § 377.11. Further, causes of action sounding in wrongful death survive the death of the original decedent's successor in interest. (Chavez v. Carpenter (2001) 91 Cal.App.4th 1433, 1444.) This tentative ruling will automatically become the Court's final order on Tuesday, July 27, 2021 unless, by no later than 4:00 p.m. on Monday, July 26, 2021 a party to the action notifies both (1) the Cour...
2021.07.28 Motion for Contempt 763
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.28
Excerpt: ...her, that Exhibit C to that declaration may have been forged by defendant Ozluk in order to increase his apparent capital contribution to the LLC. The court lacks sufficient information and evidence (for example, a sworn declaration or deposition testimony by the purported author of the document) to conclude the document is a forgery. Accordingly, Plaintiff's motion for an order finding defendant Ozluk in contempt is denied, without prejudice. Pl...
2021.07.27 Demurrer 482
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.27
Excerpt: ...sentation. The Court, therefore, concludes that further leave to amend will be futile. The Court OVERRULES the Demurrer to the TAC's Second Cause of Action for Declaratory Relief. The Green Defendants' contention that no present controversy exists between Plaintiff and the Green Defendants has no merit. The parties each have a conflicting judgment in their respective favors, and each side contends that the other party's judgment was procured by f...
2021.07.23 Motion to Compel Further Responses 209
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.23
Excerpt: ... medical marijuana ID card at the time of the collision. (See SROG Nos. 60-67). Plaintiff also seeks to discover the identity of healthcare providers who may have prescribed Plaintiff medical marijuana within the last ten years. (SROG Nos. 68-70.) Defendant is in possession a one-page medical record dated March 16, 2020 in which Plaintiff's medical provider noted in the "Social History" section of the document that Plaintiff was a "daily smoker [...
2021.07.21 Motion to Strike 460
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.21
Excerpt: ... no later than 4:00 p.m. on Monday, July 12, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, July 14, 2021 at 1:30 p.m. or at a subsequent date ...
2021.07.21 Motion for Discharge of Stakeholder's Liability 172
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.21
Excerpt: ..., the amount of $15,590. Nevertheless, Dimco still fails to establish that the total amount that it potentially owes to the other claimant parties in this lawsuit is only $56,650. Instead, each of cross- complainants Flock Freight Inc. ("Flock"), Choptank Transport, Inc. ("Choptank") and Mode Transportation LLC ("Mode") appear to have separate and distinct claims for money damages against Dimco for unpaid shipping services each of Flock, Choptank...
2021.07.20 Motion to Compel Arbitration or Stay Civil Action 436
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.20
Excerpt: ...intiff) and Neutron. The Court further ORDERS the present action STAYED pending completion of arbitration proceedings. This tentative ruling will automatically become the Court's final order on Tuesday, July 20, 2021 unless, by no later than 4:00 p.m. on Monday, July 19, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is co...
2021.07.20 Demurrer 973
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.20
Excerpt: ...A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which ju...
2021.07.16 Motion to Compel Further Responses 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.16
Excerpt: ... Longhigh also paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff claims to have rejected that proposal. Longhigh claims that it later discovered Kontech cancelled the debt owed on the loan without Longhigh's knowledge or consent. When Longhigh made demands for repayment of the...
2021.07.14 Motion to Quash Deposition Subpoena Duces Tecum, for Monetary Sanctions 700
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.14
Excerpt: ...presented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, July 14, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, and the email must identify the r...
2021.07.14 Motion for Leave to Intervene, Amend Complaint 265
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.14
Excerpt: ...58 are related and the latter two cases shall be reassigned to Department 514. Christopher L. Nida's motion to intervene in Case Nos. RG20- 007626 is denied but the court would entertain a motion or stipulation to consolidate the actions arising from the October 14, 2018 accident. C.C.P. section 377.60(b) allows the parent of a decedent to sue for wrongful death if the parent was dependent on the decedent and regardless of whether the decedent ha...
2021.07.13 Motion to Strike 731
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.13
Excerpt: ...r filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or...
2021.07.13 Demurrer 731
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.13
Excerpt: ...) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with attached documents, or alleg...
2021.07.09 Motion to Dismiss Action or Strike Entire Complaint 739
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.09
Excerpt: ... party Tami Mason, the daughter the decedents and the representative of their estate, has "specially appeared" for the purpose of seeking a dismissal. Mason claims the mechanic's lien recorded against the property is interfering with her ability to administer her parents' estate. (See Mason Decl. paras. 2-5.) Mason's motion is denied because Mason has not sought to intervene and lacks standing as a non-party. (Lohnes v. Astron Computer Products (...
2021.07.07 Motions to Compel Further Responses 301
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.07
Excerpt: ...tals employee and defendant Emil Medina negligently unloaded the beam such that it struck the plaintiff who was standing nearby. Plaintiff propounded written discovery on defendant, including Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, on July 29, 2019. On September 10, 2019, defendant served unverified responses to the foregoing discovery with the notation "verifications to follow." On March 8, 2021, ...
2021.07.07 Motion for Attorney Fees 105
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.07
Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...
2021.07.06 Motion to Compel Responses 405
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.07.06
Excerpt: ...esponses from Plaintiff to Form Interrogatories (Set Two) and Requests for Production of Documents (Set Two) is GRANTED. Plaintiff shall serve on Safe Auto complete, verified, code-compliant discovery responses to the subject discovery, and serve all responsive documents, no later than twenty-one days from the date of this Order. (2) Safe Auto's Motion for an Order Deeming the Truth of the Matters Specified in its Request for Admissions (Set One)...
2021.06.29 Motion for Attorney Fees 105
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.29
Excerpt: ... Motorcars of Fremont (Fletcher Jones) with a four-year/50,000 mile "new car" warranty. Beginning on March 25, 2017, plaintiffs returned the car multiple times for repairs under the warranties, but defendants failed to repair the car. On April 19, 2021, judgment was entered for plaintiffs pursuant to a 998 offer to compromise. The judgment provided that defendant Mercedes-Benz USA (MBUSA) would pay plaintiffs $155,000. Plaintiffs were to surrende...
2021.06.23 Motion to Enforce Settlement Agreement, for Attorney Fees 021
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.23
Excerpt: ...nsel. (Settlement Agreement, Exhibit A to Kennick Decl.) The Settlement Agreement required defendants to pay plaintiff a total of $65,000. The Settlement Agreement specified "Plaintiff agrees to vacate the unit (309) and move to unit 307 on or before January 19, 2021. Plaintiff agrees to remain in the next door unit until repairs are completed and approved by the City of Berkeley." (Id.) It appears from the evidence presented that defendants have...
2021.06.15 Motion to Compel Arbitration and Dismiss Action 519
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.15
Excerpt: ...cord, Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 889.) As a result of this "strong public policy in favor of arbitration[,] ... any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration." (Aanderud, at p. 890.) Public policy is not a consideration, however, until after a court has found the parties agreed to arbitrate their dispute. (Metters v. Ralphs Grocery Co. (2008) 161 Cal.App.4th 696, 701.) That is ...
2021.06.11 Application for Writ of Attachment and Right to Attach Order 815
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.11
Excerpt: ...le amount not less than five hundred dollars ($500)...." (C.C.P. § 483.010.) The following findings must be made "in accordance with Section 483.015" to justify issuance of an attachment order: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for purposes other th...
2021.06.09 Motion for Preliminary Injunction 117
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.09
Excerpt: ...vailable generally in the protection or to prevent the invasion of a legal right. (Meridian, Ltd. v. City and County of San Francisco, et al. (1939) 13 Cal.2d 424.) The purpose of a preliminary injunction is to preserve the status quo pending final resolution upon a trial (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536. Grothe v. Cortlandt Corp. (1992) 11 Cal.App.4th 1313, 1316.) The status quo has been defined to mean the la...
2021.06.08 Motion for Preliminary Injunction 117
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.08
Excerpt: ...vailable generally in the protection or to prevent the invasion of a legal right. (Meridian, Ltd. v. City and County of San Francisco, et al. (1939) 13 Cal.2d 424.) The purpose of a preliminary injunction is to preserve the status quo pending final resolution upon a trial (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536. Grothe v. Cortlandt Corp. (1992) 11 Cal.App.4th 1313, 1316.) The status quo has been defined to mean the la...
2021.06.02 Motion to Compel Further Responses, for Protective Order 778
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.02
Excerpt: ... Interrogatories and for Monetary Sanctions ("MPO Form Rogs"); (3) Defendant's Motion for Protective Order re: Plaintiff's Inspection Demands and for Monetary Sanctions ("MPO RFPDS"); and (4) Defendant's Motion to Compel Further Responses to Requests for Production of Documents Nos. 8, 11, 13, 14, 17, 23, 24, 28, 34 and 36 ("Defendant's MTC"). Ethel Tom in her capacity as a cross-complainant represented by separate legal counsel joins in Defendan...
2021.06.01 Motion for Summary Judgment 219
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.06.01
Excerpt: ...use building at 1212 San Pablo Avenue in Berkeley collapsed while she was walking on it. Plaintiff alleges that defendants negligently maintained the roof such that it became weakened and dilapidated and a danger to anyone standing of walking on the roof. At all relevant times, defendant John Toki, was co-owner of the property. (Separate Statement of Undisputed Material Facts ("SSUMF") No. 2.) In August of 2015, Toki rented the entire premises to...
2021.05.21 Motion to Compel Further Responses, for Protective Order, for Monetary Sanctions 778
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.21
Excerpt: ... Interrogatories and for Monetary Sanctions ("MPO Form Rogs"); (3) Defendant's Motion for Protective Order re: Plaintiff's Inspection Demands and for Monetary Sanctions ("MPO RFPDS"); and (4) Defendant's Motion to Compel Further Responses to Requests for Production of Documents Nos. 8, 11, 13, 14, 17, 23, 24, 28, 34 and 36 ("Defendant's MTC"). Ethel Tom in her capacity as a cross-complainant represented by separate legal counsel joins in Defendan...
2021.05.21 Motion to Compel Further Responses 140
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.21
Excerpt: ...eda County Fair on 6/22/2019 when one of defendants' employees opened a corral gate causing a corral panel to fall on her leg. Special Rogs Nos. 2-4 seek, respectively, all facts, witnesses and documents supporting Plaintiff's contention that Defendant caused or contributed to Plaintiff's injury on 6/22/2019. (See Moving Wong Dec. Exh. A.) As clarified by Defendant's counsel's 2/22/2021 meet and confer letter, Defendant was seeking discovery from...
2021.05.21 Motion to Approve Proposition 65 Settlement, for Entry of Consent Judgment 274
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.21
Excerpt: ...e 11, 2021. Plaintiff shall provide a courtesy copy of any such supplemental declaration to Dept. 514 by email on the date of filing. Plaintiff may file documents under seal; however, unredacted courtesy copies must be provided to Dept. 514 by email as stated above. Plaintiff's Complaint alleges that defendant Halen Brands, Inc. ("Defendant") manufactured, sold and/or distributed 12 types of food bars and drink mixes, which Plaintiff alleges cont...
2021.05.19 Motion for Summary Judgment 584
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.19
Excerpt: ...g will automatically become the Court's final order on Tuesday, May 11, 2021 unless, by no later than 4:00 p.m. on Monday, May 10, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing...
2021.05.18 Motion to Grant Costs Associated with Service of Process 648
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.18
Excerpt: ...t after Defendant failed to timely respond to the Notice and Acknowledgement of Receipt Plaintiff mailed to Defendant on 6/22/2020. This tentative ruling will automatically become the Court's final order on Tuesday, May 18, 2021 unless, by no later than 4:00 p.m. on Monday, May 17, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the p...
2021.05.18 Demurrer 768
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.18
Excerpt: .../20/2019 and are thus barred by the applicable statutes of limitations. Plaintiff's Motion to Strike is DENIED. The Motion to Strike is defectively noticed, i.e., the Notice of Motion does not state the grounds for or the matter in the FACC Plaintiff seeks to strike. Defendant may file and serve a Second Amended Cross-Complaint no later than Tuesday, June 8, 2021. BACKGROUND AND RELEVANT ALLEGATIONS OF THE COMPLAINT Plaintiff filed his original C...
2021.05.14 Motion for Judgment on the Pleadings 568
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.14
Excerpt: ...y emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 19, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentat...
2021.05.12 Motion to Transfer Venue 604
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.12
Excerpt: ...t Defendants waived their right to bring a Motion to Transfer Venue by invoking this Court's jurisdiction on several occasions. First, Defendants invoked this Court's jurisdiction by filing and serving Cross-Complaints in this action on respectively 3/25/2019 (Jobs) and 5/6/2019 (Aquino and POAP). Second, Aquino and POAP again invoked this Court's jurisdiction by filing a Motion to Oppose the Application for Good Faith Settlement Determination br...
2021.05.05 Motion for Preliminary Injunction 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.05
Excerpt: [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 5, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must lis...
2021.05.04 Motion to Issue Discovery Sanctions 242
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.04
Excerpt: ... ("Plaintiff"). The Court ORDERS that no later than Friday, June 4, 2021, Plaintiff shall serve Defendant with full and complete verified Further Responses to Defendants First Sets of Form Interrogatories Nos. 7.1(b) and (c), 7.2, 7.3, 12.3, 12.4, 12.7 and 14.1 and to Defendants' First Set of Special Interrogatories Nos. 3, 7, 9-41, and 43- 45 without objections. (See Moving Separate Statement.) The Court further ORDERS Plaintiff to pay a monetar...
2021.05.04 Motion for Judgment on the Pleadings 768
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.05.04
Excerpt: ...cause of action for breach of contract as alleged in the Complaint is on its face time-barred based on the 12/20/2019 date of filing of the Complaint in this action pursuant to CCP § 337. Plaintiff may file and serve an Amended Complaint no later than Friday, May 28,2021, if Plaintiff can truthfully plead facts showing that his breach of contract claim is not time-barred. This tentative ruling will automatically become the Court's final order on...
2021.04.30 Motion to Enforce Settlement Agreement 926
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.30
Excerpt: ...parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 5, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, and the email must identify the reason for th...
2021.04.30 Motion for Preliminary Injunction 776
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.30
Excerpt: [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, May 5, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must lis...
2021.04.28 Motion for Discovery Sanctions 450
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.28
Excerpt: ...arris ("Defendants") in advance of the hearing. Defendants have not filed papers responsive to the Motion. Therefore, any defect in service of the Moving papers has not been waived. The Moving papers contain a declaration of plaintiff Smith stating that on 3/11/2020, he served Form Interrogatories and Requests for Production of Documents on Defendant's counsel. However, the moving declarations do not contain as exhibits copies of these written di...
2021.04.27 Motion to Reopen Discovery 451
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.27
Excerpt: .... section 2024.050 states as follows: "(a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. "(b) In exercising its discretion to grant or deny this motion, the court shall take into ...
2021.04.23 Motion to Compel Further Responses 444
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.23
Excerpt: ...es to Cross-Defendant's (1) Form Interrogatories, Set One, Nos. 4.1, 6.5, 6.6, 6.7, 8.7, 8.8, 9.1, 11.1, 11.2, 13.1, 13.2 and 14.1; (2) Cross-Defendant's Special Interrogatories Nos. 2-5 only; and (3) Cross-Defendant's Requests for Production of Documents Nos. 5-16 and 19, no later than Friday, June 4, 2021. The Court notes that Cross-Defendant's Notice of Motion improperly fails to identify the specific written discovery requests to which it see...
2021.04.21 Motion to Modify Sequence and Timing of Expert Disclosures 805
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.21
Excerpt: ...s driving southbound on Interstate 880 in Hayward and braked when traffic slowed in front of him. Purportedly, the Mercedes-Benz driven by Jeff Wang failed to observe the slowing traffic and did not brake in time, and crashed into the rear of Peter Wong's vehicle. The Complaint alleges that the Mercedes-Benz was equipped with a Forward Collision Avoidance System ("FCAS") that provides forward collision warnings and automatic emergency braking. Pl...
2021.04.20 Motion to Compel Responses 745
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.20
Excerpt: ... his counsel in the amount of $1,480 is GRANTED IN PART. Sanctions in the amount of $615 are awarded on this motion. On July 21, 2020, Shelby served Requests for Production on Lawrence, with responses due August 25, 2020. Lawrence served responses on or around August 28, 2020. Shelby met and conferred with Lawrence, stating that the responses were deficient and nonresponsive, and requested that Lawrence provide further verified responses and reme...
2021.04.20 Motion for Discovery Sanctions 450
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.20
Excerpt: ...arris ("Defendants") in advance of the hearing. Defendants have not filed papers responsive to the Motion. Therefore, any defect in service of the Moving papers has not been waived. The Moving papers contain a declaration of plaintiff Smith stating that on 3/11/2020, he served Form Interrogatories and Requests for Production of Documents on Defendant's counsel. However, the moving declarations do not contain as exhibits copies of these written di...
2021.04.16 Demurrer 389
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.16
Excerpt: ...�11-17.) In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech but Plaintiff rejected that proposal. (Id., ¶20.) Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. (Id. ¶¶ 33-35.) When plaintiff made demands for repayment of the debt, Kontech refused to make payment and instead provided new ...
2021.04.14 Applications for Writs of Possession, for Issuance of Turnover Orders 815
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.14
Excerpt: ...rs, bill changers and related equipment (the "Collateral") for use in a laundromat, for a term of 114 months and at a cost of $379,065. The Agreement provided Eastern with a security interest in the Collateral and in all of FZ Global's equipment and assets. Defendant Arahimi personally guaranteed FZ's Global's performance under the Agreement, as purported "100%" owner of FZ Global. FZ Global breached the Agreement when it stopped making monthly p...
2021.04.09 Motion for Terminating Sanctions 149
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.09
Excerpt: ...iff's claimed injuries and treatment. Plaintiff did not timely respond to discovery and Plaintiff's counsel has subsequently been relieved as counsel on August 31, 2020. Defendants then re-served the discovery on Plaintiff, now acting in pro per. Plaintiff did not respond to the discovery or Defendants' efforts to meet and confer. The defendants then filed a motion to compel written discovery responses which the court granted on December 8, 2020....
2021.04.09 Motion for Summary Judgment 350
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.09
Excerpt: ...mises Liability and Plaintiff has neither opposed this MSJ nor sought leave to vacate the deemed Admissions and serve Responses thereto. This tentative ruling will automatically become the Court's final order on Friday, April 9, 2021 unless, by no later than 4:00 p.m. on Thursday, April 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, t...
2021.04.06 Demurrer 597
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.04.06
Excerpt: ...e operative Fourth Amended Complaint filed on January 19, 2021 alleges two causes of action against Defendants for negligence and negligent supervision. Plaintiff alleges the following facts to support of her first cause of action for negligence: "47. Defendants, superintendent McPhetridge, Daniel Hurst, Daniel Kruger, Dorothy Ault, Jody McCarthy, Zarina Tillman, Kristen Zazo and unknown DOES 1-50 had an affirmative duty to provide supervision of...
2021.03.26 Demurrer 706
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.26
Excerpt: ...rt's final order on Friday, March 26, 2021 unless, by no later than 4:00 p.m. on Thursday, March 25, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on a date...
2021.03.23 Motion for Monetary Sanctions 206
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...ef. This tentative ruling will automatically become the Court's final order on Tuesday, March 23, 2021 unless, by no later than 4:00 p.m. on Monday, March 22, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hea...
2021.03.23 Demurrer 995
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...ge a specific breach. (Id., ¶8.) Plaintiffs attach loan documents and other agreements between themselves America West Bank, Defendant's predecessor, dated November 7, 2012 and May 1, 2014 related to the purchase of a property in Oakland. (Id.) Plaintiffs pray for damages of $15,060.59, attorney fees, interest and other charges. (Id., ¶¶ 10(a), (c), (d).) Defendant Pacific Western Bank demurs to the breach of contract cause of action on the gr...
2021.03.23 Demurrer 766
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...rt's final order on Friday, March 12, 2021 unless, by no later than 4:00 p.m. on Thursday, March 11, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednes...
2021.03.23 Demurrer 261
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.23
Excerpt: ...hearing on this demurrer under C.C.P. 472, but Plaintiff did not do so. Instead, Plaintiff asks the court to determine the sufficiency of the proposed first amended complaint although the demurrer is directed to the complaint. The Court will not review the sufficiency of plaintiff's proposed amended pleading, Instead, the Court will grant Plaintiff leave to amend to file the proposed first amended complaint or any other version of a first amended...
2021.03.17 Motion for Summary Judgment 944
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.17
Excerpt: ...) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...
2021.03.17 Demurrer 482
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.17
Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. . If a hearing is requested, the hearing will be conducted on Wednesday, March 10, 2021 at 1:30 p.m. or at a s...
2021.03.16 Motion for Separate Trials of Liability and Damages 813
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.16
Excerpt: ...that it was negligent and alleges that Plaintiff's own negligence caused or contributed to her injuries, which included broken front teeth. BSC believes there is a significant risk that Plaintiff's potential liability will be overlooked by the jury unless liability is determined before Plaintiff is allowed to present evidence of her injuries, in particular, pictures of her broken teeth, swollen lips and facial abrasions. Therefore, BSC asks the C...
2021.03.09 Demurrer 482
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.09
Excerpt: ...1 unless, by no later than 4:00 p.m. on Monday, March 8, 2021, a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. . If a hearing is requested, the hearing will be conducted on Wednesday, March 10, 2021 at 1:30 p.m. or at a s...
2021.03.05 Motion to Compel Responses 998
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.05
Excerpt: ...nd SROGS no later than Monday, April 5, 2021. The Court further ORDERS Plaintiff to pay monetary sanctions in the amount of $800 to Defendant no later than April 5, 2021. This tentative ruling will automatically become the Court's final order on Friday, March 5, 2021 unless, by no later than 4:00 p.m. on Thursday, March 4, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing couns...
2021.03.05 Motion to Compel Further Discovery Responses 263
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.05
Excerpt: ... that is the subject of this motion on October 30, 2020. Defendant AEG served its responses to the second set of discovery, including second set Form Interrogatories, Special Interrogatories and Request for Production of Documents on December 11, 2020. Believing the responses were evasive and incomplete, Plaintiffs' counsel sent Defendant's counsel a meet and confer letter on December 18, 2020 requesting amended responses no later than December 2...
2021.03.05 Motion for Summary Judgment 944
Location: Alameda
Judge: Gee, Delbert
Hearing Date: 2021.03.05
Excerpt: ...) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, March, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The subject line of the email to the Court contesting the tentative ruling must list the case name and number, an...

268 Results

Per page

Pages