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

119 Results

Clear Search Parameters x
Location: Alameda x
Judge: Reilly, James x
2021.09.22 Demurrer 896
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.22
Excerpt: ... (6) Gender Violence and Sexual Assault, (7) Fraud, and (8) Sexual Harassment. AC does NOT demurrer to Plaintiff's Ninth Cause of Action for Negligent Hiring, Supervision, and Retention, or her Tenth Cause of Action for General Negligence. Plaintiff's causes of action arise from her alleged molestation by Defendant Leslie David Smith on occasions when Smith was supposed to be giving Plaintiff massages. Plaintiff admits that Smith's actions did no...
2021.09.15 Motion to Compel Arbitration and Stay Action 919
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.15
Excerpt: ...or otherwise . . . between you and us or our employees, agents, successor or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) . . . " Hyundai, alleged to be the manufacturer or distributor of Plaintiff's vehicle (see Complaint, paragraph 9), is not a...
2021.09.15 Motion for Summary Judgment 168
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.15
Excerpt: ... 8-31.) Although SLG argues that the opinions of Hansen are "not based on reliable information", SLG has not filed any evidentiary objections to Hansen's declaration in compliance with California Rules of Court, Rule 3.1354. In its reply brief, SLG repeatedly refers to statements by Plaintiff Chris Malki as "untruths", "self-serving", "falsehoods", or "lies". Summary judgment cannot be granted or denied based on the credibility (or alleged lack t...
2021.09.15 Demurrer 500
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.15
Excerpt: ...on agreement, and (3) Plaintiff worked for Defendant for at least one year. A claim for breach of covenant of good faith and fair dealing presupposes the existence of a valid, enforceable contract between the parties. Where the terms of an agreement are left for future determination, no contract exists until that determination is made. Here, it is questionable whether a purported agreement that Plaintiff would be given an option to purchase stock...
2021.09.08 Motion to Strike 327
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.08
Excerpt: ...C case) and/or prior to February 1, 2017 (based on the statute of limitations set forth in Business & Professions Code § 17208.) Defendant cites no legal authority that a motion to strike may be used to compel the Court to rewrite (rather than eliminate outright) various allegations in the challenged pleading. But in any event, Defendant argues that any claims for damages Plaintiff is asserting based on the period predating January 9, 2018 is ba...
2021.09.08 Motion for Judgment on the Pleadings 197
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.08
Excerpt: ... MERS' reply was due. In addition, Plaintiff has not filed proof of service of her opposition, so the Court has no evidence that the opposition was ever served on MERS. Plaintiff is advised that the Court may choose to disregard any future late papers she files in this case. (See California Rules of Court, Rule 3.1300(d).) The motion is GRANTED as to the First Cause of Action for Wrongful Foreclosure, WITH LEAVE TO AMEND. The Court accepts as tru...
2021.09.08 Demurrer 327
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.08
Excerpt: ...at follow, the Court determines that is not the case here. First, the Labor Commissioner's decision would only become final if it was not appealed within 10 days after service of notice of that decision. (See Labor Code § 98.2(a) and (d).) But Defendant filed an appeal of the Labor Commissioner's Decision on June 2, 2020. (See Defendant's Request for Judicial Notice, Exhibit D.) In light of the COVID Implementation Orders issued by Alameda Count...
2021.09.01 Motions to Seal Docs 604
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.09.01
Excerpt: ...R-2216862 is the reservation number for SLC's motion for summary judgment, not for either of the two motions to seal that appear on the calendar for September 1. R-2185440, which appears on SLC's August 26, 2021 response to Plaintiff's motion, does not appear connected to any of the motions to seal. In addition, Plaintiffs filed a motion to seal (using R- 2285104) on August 17, and a "supplemental motion to seal" using that same reservation numbe...
2021.08.18 Motion for Terminating Sanctions for Spoliation of Evidence 081
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.18
Excerpt: ...stop paying the Reynolds and destruction of paper data by getting "rid of all the stuff in the warehouse." (See Landerholm Declaration in Support of the People's Motion for Terminating Sanction for Spoliation and Failure to Obey Discovery Order ("Landerholm Decl.") at ¶ 83.) On the other, the information on the DMS software could apparently be accessed (Landerholm Decl. at Exh. MM)-it has not been destroyed-and the warehouse remains open with do...
2021.08.11 Motion to Remove Mechanic's Lien 596
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.11
Excerpt: ...cts were entered, and at the time the work based on those contracts was performed, PCR did not possess a valid contractor's license. (See the Declaration of Howard Patterson at paragraphs 3-4 and 17.) However, Defendant and Cross-Complainant Howard Patterson did have a valid contractor's license during those time periods, and his name and contractor's license number are prominently disclosed on both the preconstruction and construction contacts. ...
2021.08.11 Motion for Judgment on the Pleadings 853
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.11
Excerpt: ... are co- owners of the subject property. In this motion, Tinsley seeks judgment on the pleadings on the grounds that Glaude is not an owner of the subject real property. The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or from any matter of which the Court is required to take judicial notice. (See Code of Civil Procedure section 438(d).) Here, there are no facts alleged in Glaude's Amended ...
2021.08.04 Demurrer 526
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.04
Excerpt: ...v. American National Fire Ins. Co. (2010) 187 Cal.App.4th 498, 537, cited by Plaintiff, the plaintiff's insurance policy had a specific provision requiring payment of interest on the amount due. Plaintiff has identified no similar provision in his insurance policy with Defendant. Plaintiff's allegation that the California Fair Claim Practices Act purportedly required that payment be made to him within the time limit set forth in his demands, and ...
2021.08.04 Motion to Quash Subpoena 087
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.04
Excerpt: ...ged injuries Romero has put at issue in this case) from January 7, 2017 to the present. The subpoenas to Highland Hospital, Sutter Eden Medical Center Tiburcio Health Center, and Pathways to Wellness attached as Exhibits C-D and F-G to Pitts' declaration (seeking medical records as to Plaintiff Maria Jimenez) are modified as follows. The deponents shall produce all records pertaining to injuries to Plaintiff's face, including her nose and eyes, a...
2021.08.04 Special Motion to Strike 697
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.08.04
Excerpt: ... a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether the opposing party has demonstrated a probability of prevailing on the claim. The opposing party demonstrates this by showing the challenged pleading is legally sufficient and supported by a sufficient prima facie show...
2021.07.28 Motion for Sanctions 925
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.07.28
Excerpt: ...ocedure section 128.5. In their briefing on the motion for judgment on the pleadings, neither side was able to cite a published case squarely on point as to whether a product that did not itself contain a chemical regulated by Proposition 65, but that could foreseeably be used with a substance containing such a chemical, was subject to Proposition 65. In the absence of any such directly applicable legal authority, the Court does not find that Pla...
2021.07.21 Petition for Writ of Mandate 283
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.07.21
Excerpt: ...oner argues that he did not refuse to complete a chemical breath test; instead, he was simply "unable" to complete it. For the purposes of this writ, that distinction makes no difference. Vehicle Code section 13353(a) provides for a one year license suspension for any driver who either refuses to submit to a chemical test or who "fails to complete" it. It is undisputed that Petitioner failed to complete the breath test. (See Garcia v. Department ...
2021.07.21 Motion for Judgment on the Pleadings 925
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.07.21
Excerpt: ...causes cancer or reproductive toxicity or that they necessarily emanate any such chemicals. Rather, Plaintiff alleges that Defendant's products, if used with marijuana, produce marijuana smoke, which is a carcinogen regulated by Proposition 65. Plaintiff does not allege that the Defendant's products can only be used with marijuana, or that their use with other substances emanates any carcinogen subject to Proposition 65. Plaintiff cites no case h...
2021.07.07 Motion to Set Aside Judgment 067
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.07.07
Excerpt: ...e 17, 2021, Plaintiffs' counsel filed this motion seeking relief from the summary judgment order and the judgment pursuant to Code of Civil Procedure section 473(b). Plaintiffs' counsel asserts that on April 6, 2021, he began to experience severe flu symptoms that lasted for "several days", and as a result he was unable to check the Court's tentative ruling on Defendant's motion for summary judgment, contest the tentative ruling, or appear at the...
2021.06.30 Motion to Compel Further Responses 604
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.06.30
Excerpt: ...ions. Such discovery may include the thoroughness of the SLC's investigation into the claims against Art.com and the reasonableness of its conclusions. (See, e.g., Kaplan v. Wyatt (Del.Ch. 1984) 484 A.2d 501, 510 and Kahn v. Kolberg Kravis Roberts & Co. LP (Del. 2011) 23 A.3d 831, 836-837, 842.) As to Plaintiffs' request for a further response to Deposition Question No. 1 (as set forth in Plaintiffs' Separate Statement), Plaintiffs' motion is DEN...
2021.06.30 Motion for Summary Adjudication 251
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.06.30
Excerpt: ...ents by misrepresenting that if she stopped making her payments, she could apply for and receive a fixed interest rate loan modification. As a result, Plaintiff was induced to default on her loan and now faces nonjudicial foreclosure. (See Plaintiff's Additional Facts ("AF") Nos. 5-7 and the evidence cited in support, including Plaintiff's declaration at paragraph 8.) Plaintiff's declaration does not consist of "mere speculation and conjecture", ...
2021.06.30 Demurrer 786
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.06.30
Excerpt: ...leges that Defendants "knew or should have known that she was a subtenant and approved and or ratified the sublease agreement", but she does not allege that Defendants authorized Plaintiff's subtenancy in writing. Plaintiff alleges that Defendants have interfered with her purported right to possession of the subject property in four ways. First, Defendants and/or their agents harassed Plaintiff by demanding that she pay rent, calling her a "crook...
2021.06.16 Demurrer 512
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.06.16
Excerpt: ...at no such cause of action is recognized under California law. In fact, California law does recognize a cause of action for breach of mandatory duty pursuant to Government Code § 815.6, and it has three required elements. (See, e.g., Guzman v. County of Monterey (2009) 178 Cal.App.4th 983, 991.) First, the statute or enactment on which the cause of action is based must require that a particular action be taken and include specific rules and guid...
2021.06.16 Demurrer 029
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.06.16
Excerpt: ...tional compensation to which it was not entitled. Although the parties' contract included a procedure by which Flatiron could pursue claims for additional compensation, the implied covenant of good faith and fair dealing imposes on each party the duty to assert its contractual rights fairly and in good faith. (See, e.g., Careau & Co. v. Security Pacific Business Credit Inc. (1990) 222 Cal.App.3d 1371, 1393 and Carma Developers (Cal.) Inc. v. Mara...
2021.06.02 Demurrer 585
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.06.02
Excerpt: ...ese causes of action were alleged in Plaintiff's Second Amended Complaint, and Defendants could have - but did not - demurrer to these causes of action in the Second Amended Complaint. Defendants therefore cannot demurrer to these causes of action, for the first time, in the Third Amended Complaint. The demurrers to the Fifth Cause of Action for "Commission of Primary Contravention of the Racketeer Influenced and Corrupt Organization Act (RICO) (...
2021.05.26 Motion to Strike 087
Location: Alameda
Judge: Reilly, James
Hearing Date: 2021.05.26
Excerpt: ...fety of students and invited guests on school premises. Plaintiffs do not oppose the motion to strike, except for the reference to Education Code § 32282 in Complaint paragraph 66. Whether a statute creates a mandatory duty for a public entity is a question of law for the Court. (See De Villers v. County of San Diego (2007) 156 Cal.App.4th 238, 257.) A statute is deemed to impose a mandatory duty on a public entity only if it affirmatively requi...

119 Results

Per page

Pages