Maxine M. Chesney
How Judge Chesney decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In consumer class actions she will grant a plaintiff's partial summary judgment defeating a preemption or safe-harbor affirmative defense where the defense lacks legal footing.
“plaintiffs' motion for partial summary judgment is hereby GRANTED. ... To the extent Hill's Pet Nutrition's Ninth Affirmative Defense asserts plaintiffs' claims are barred by a safe harbor provided by the CPG, plaintiffs' motion for partial summary judgment is hereby GRANTED.”
Procedural preferences
She works through a multi-count motion to dismiss claim by claim and, when she dismisses, typically does so with leave to amend the defective claims rather than ending the case outright.
“Blue Shield's motion to dismiss is hereby GRANTED, with leave to amend Claims III, IV, and VI.”
Where a valid arbitration agreement governs she grants a motion to compel arbitration and stays the action pending completion of the arbitration.
“Accordingly, MBUSA's motion to compel arbitration is hereby GRANTED, and the instant action is hereby STAYED pending completion of arbitration proceedings.”
Cautions
A motion for leave to move for reconsideration is denied absent the required showing; rehashing already-decided points does not warrant reconsideration.
“Accordingly, for all of the above reasons, LegalForce RAPC's motion for leave to file a motion for reconsideration is hereby DENIED.”
On habeas review of a state parole denial she confines the inquiry to whether minimal procedural due process was afforded, denying the petition and a certificate of appealability where it was.
“The petition for a writ of habeas corpus is hereby DENIED. A certificate of appealability is hereby DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“plaintiffs' motion for partial summary judgment is hereby GRANTED. ... To the extent Hill's Pet Nutrition's Ninth Affirmative Defense asserts plaintiffs' claims are barred by a safe harbor provided by the CPG, plaintiffs' motion for partial summary judgment is hereby GRANTED.”
“Accordingly, the Court hereby DENIES as moot APV's motion to dismiss or, alternatively, motion for summary judgment, and VACATES the hearing scheduled for December 1, 2006 on said motion.”
“On July 27, 2007, after the motion had been fully briefed, the Court granted in part and denied in part Chen's motion to dismiss. The Court granted the motion to dismiss with respect to plaintiff's damages claims against Chen in his official capacity, on Eleventh Amendment grounds. The Court denied the motion to dismiss with respect to plaintiff's damages claims against Chen in his individual capacity.”
“Defendant's Motion to Dismiss is hereby GRANTED in part and DENIED in part as follows: a. To the extent the motion seeks dismissal of the Second through Sixth Causes of Action, the motion is hereby GRANTED, and the Second through Sixth Causes of Action are hereby DISMISSED; as to the Third through Fifth Causes of Action, said dismissal is with leave to amend. b. To the extent the motion seeks dismissal of the First Cause of Action, the motion is hereby DENIED.”
“NSI's motion to dismiss is hereby GRANTED to the extent NSI seeks dismissal pursuant to Rule 12(b)(3), and plaintiff's claims against NSI are hereby DISMISSED without prejudice to plaintiff's refiling such claims in an appropriate forum.”
“For the reasons stated above, Wells Fargo's motion for summary judgment is hereby GRANTED.”
“U.S. Bank's motion is hereby GRANTED and the Complaint is hereby DISMISSED without leave to amend.”
“Stern's motion to dismiss is hereby GRANTED. If plaintiffs wish to file a Fourth Amended Complaint for purposes of amending the Fifth Cause of Action, plaintiffs shall file such amended pleading no later than April 22, 2022.”
“the motion to suppress is hereby GRANTED in part and DENIED in part, as follows: 1. To the extent defendant seeks to suppress (a) the paper sleeve and its contents, (b) the photocopies of licenses and identification cards found in the blue plastic box, (c) the savings bonds, and (d) the notebook, the motion is GRANTED. 2. In all other respects, the motion is DENIED on the merits, with the exception of the items seized pursuant to the federal search warrant, as to which the motion is DENIED as moot.”
“The petition for a writ of habeas corpus is hereby DENIED. A certificate of appealability is hereby DENIED.”
“plaintiff's motion to remand is hereby GRANTED, and the instant action is hereby REMANDED to the Superior Court of the State of California, in and for the County of Alameda.”
“Blue Shield's motion to dismiss is hereby GRANTED, with leave to amend Claims III, IV, and VI.”
Caseload & timing
From public federal docket records for this judge.
The sample covers cases filed from 2014 through 2018 and includes insurance, employment and education civil-rights, trademark, consumer-credit, Social Security disability, and criminal matters, including a major trade-secrets prosecution. The durations measure filing to termination, not motion-to-ruling time.
Put Judge Chesney's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Chesney actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Chesney's own signed orders and cites them.