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

632 Results

Clear Search Parameters x
Location: Contra Costa x
Judge: Austin, Steven K x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 231)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 322)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 450,50
Array
(
)
2018.9.13 Motion to Dissolve Preliminary Injunction 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.9.13
Excerpt: ...junction, Plaintiffs Larena Hatley and Chance Daniels (“Plaintiffs”) were required to post a bond in the amount of $10,000 by July 19, 2018. However, Plaintiffs did not post the bond until July 20, 2018, and Mullan's counsel was not notified that the bond was posted until on or about August 1, 2018. Code of Civil Procedure section 533 states the grounds upon which the Court may dissolve an injunction: In any action, the court may on notice mo...
2018.9.13 Motion for Summary Judgment, Adjudication 284
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.9.13
Excerpt: ...ntified below. These briefs shall be filed on or before September 27, 2018. Responses to the supplemental briefs may be filed on or before October 4, 2018. In the Second Amended Cross‐Complaint, Cherokee Simeon Venture I, LLC (“CSV”) identifies two alleged breaches of contract: the first in paragraph 84(a), and the second in paragraph 84(b). The Court will refer to the first as “the Zeneca payment breach” and the second as the “capita...
2018.9.13 Demurrer 023
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.9.13
Excerpt: ...state a cause of action, and the pleading is uncertain. Pertinent Allegations of the Complaint This lawsuit concerns property located at 929 Juanita Court, El Sobrante, California. (Complaint, ¶ 1.) On December 10, 1968, defendants Judith Booker (formerly known as Judith Zieminski) and her then husband, Carl Zieminski, were deeded the Property as joint tenants. Judith and Carl subsequently filed for divorce in 1969 and received an interlocutory ...
2018.8.30 Motion for Leave to File Complaint 543
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.30
Excerpt: ... are the landlords. Defendants are the tenants of the commercial real property known as 1523 Giammona Dr., Walnut Creek, California (the “Property”). Plaintiffs filed their complaint alleging two causes of action: 1) Breach of Contract; and 2) Breach of the Implied Covenant of Goof Faith and Fair Dealing. Defendant corporation brings the instant motion seeking to file a cross‐complaint alleging claims arising out of the parties' contractual...
2018.8.30 Demurrer, Motion to Strike 403
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.30
Excerpt: ... concerns the death of Plaintiffs' daughter, Marvelena Rady (“Marvelena”), which occurred as a result of Defendants' allegedly deficient medical/dental treatment. Defendants demur as to each of these cause of action on the bases that Plaintiffs' fail to allege facts sufficient to constitute a cause of action and the complaint is uncertain. (See Code of Civil Procedure (“CCP”) § 430.10(e)‐(f).) The demurrer is sustained with leave to am...
2018.8.30 Motion for Judgment on the Pleadings 553
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.30
Excerpt: ... (collectively, “CCCERA” or “Respondents”) bring this motion for judgment on the pleadings pursuant to CCP § 438(c)(1)(B)(2), on the ground the Petition does not state facts sufficient to constitute a cause of action against CCCERA. Petitioner has not alleged facts CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/30/18 ‐ 11 ‐ showing Respondents had a clear and present ministerial duty to return Petiti...
2018.8.30 Demurrer 768
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.30
Excerpt: ...and a bull on Highway 4. The bull was owned by Defendant DeVries. Plaintiffs is suing the State of California, Department of Transportation (“Caltrans”) for negligence and premises liability. Plaintiffs allege that Caltrans was negligent in its ownership, control, construction, operation and/or maintenance of the highway, including the fencing that separates the highway from DeVries' property. Plaintiffs also allege that Caltrans had actual a...
2018.8.30 Demurrer 928
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.30
Excerpt: ...isco owns or controls an arroyo in Alameda County. Alameda County claims that erosion of the bank of this arroyo caused the collapse of an Alameda County Highway, Foothill Road, on February 22, 2017, causing an emergency road closure, emergency repairs, and costs in excess of $1.5 million. After the parties failed to reach a private resolution regarding the responsibility for these costs, Alameda County issued a notice of violation. San Francisco...
2018.8.30 Motion for Stay of Administrative Decision 331
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.30
Excerpt: ... stay should remain in place until the Court adjudicates Black Diamond's petition for administrative mandamus. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/30/18 ‐ 18 ‐ The Court may order a stay only if it finds that CSLB is unlikely to prevail and that the public interest will not suffer as a result of the stay. (Code Civ. Proc. §1094.5(h)(1).) To determine whether the respondent is unlikely to prevail, ...
2018.8.23 Demurrer 653
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.23
Excerpt: ...Civ. Code § 2924.12 for violation of Civ. Code § 2924.11; (2) violation of Civ. Code § 2923.7; (3) negligence; and (4) violation of Bus. & Prof. Code § 17200, et seq. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant Wells Fargo requests judicial notice of several documents. This request is unopposed. The Court takes judicial notice of all but Exhibits G, H, I. Those documents are...
2018.8.23 Demurrer 098
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.23
Excerpt: ...e prior owners, Brian and Susan Mandio. The Stubers have cross‐complained against the Mandios. The Mandios now demur to the Stubers' Second Amended Cross‐Complaint (“SACC”.) They argue that the entire SACC is barred by the ten‐year statute of repose set forth in CCP § 337.15 or, if a statute of limitations applies instead, because the SACC fails to sufficiently allege accrual of the causes of action was postponed by delayed discovery o...
2018.8.16 Motion for Summary Judgment, Adjudication 943
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.16
Excerpt: ... refused to give Adelstein a 50% interest in it. She sued, alleging a variety of legal theories. Burr now moves for summary judgment, arguing that all claims are barred by a release that both parties signed before the successor trustee of Smith's trust would distribute the Property to Burr and cash gifts to each of Adelstein and Burr. Burr also argues that the cause of action for breach or oral agreement is barred by the statute of limitations or...
2018.8.9 Demurrer 403
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.9
Excerpt: ...of his truck, searched and handcuffed. Plaintiff's truck was towed away. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/09/18 ‐ 7 ‐ On October 26, 2015, a citation was filed/issued against Plaintiff for failing to yield to traffic sign or signal in violation of Cal. Vehicle Code § 21461(a) and for driving on a suspended license in violation of CVC § 14601.1(a), arising out of the October 14, 2015 arrest. Pl...
2018.8.9 Demurrer 408
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.9
Excerpt: ... Third Causes of Action. Defendant shall file an answer on or before August 24, 2018. The basis for this ruling is as follows. A The Second Cause of Action. The Second Cause of Action is for violation of Civil Code section 2924.11. Defendant's arguments in support of the demurrer lack merit as to this cause of action. First, plaintiff has adequately alleged that he submitted a “complete” application. (Civ. Code, § 2924.11, subds. (a) and (f)...
2018.8.9 Motion for Leave to File 138
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.9
Excerpt: ...onditions 1. The allegations in the proposed Fifth Amended Complaint related to punitive damages must be removed before the complaint is filed. The Court has already granted a motion for summary adjudication as to punitive damages. 2. Plaintiff's claim for injunctive relief shall be removed as the Court has previously ruled in this case that “the claim for injunctive relief is just a remedy and not a cause of action. (Shell Oil v. Richter (1942...
2018.8.9 Motion for Summary Judgment, Adjudication 088
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.9
Excerpt: ...lication contained an authorization for the union to collect monthly dues by automatic payroll deduction. Union membership was voluntary, not mandatory. The Union collects dues from over 9,000 public employees. (Undisputed Material Fact (“UMF”) 4.) In Article XIV, the union's Bylaws contain the following pertinent provisions concerning the payment of dues: “A. [M]embers . . . shall be required to pay dues . . . and shall tender with their a...
2018.8.2 Petition to Compel Arbitration 224
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.2
Excerpt: ...n to that in Daniels. (See, Ruiz v. Podolsky (2010) 50 Cal.4th 838, 841‐842; Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 678 and 683.) The agreement in the case at bar first identifies a group of people, including heirs, and then refers to their “claims” collectively. The most reasonable interpretation of the agreement is that it was intended to cover wrongful death claims. Second, the Court is not persuaded that plai...
2018.8.2 Petition for Writ of Mandate 334
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.2
Excerpt: ...o put the issues connected with that writ petition before the Court by way of a noticed motion. The Court has considered carefully the material the parties have presented, and rules as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/02/18 ‐ 7 ‐ Background Work and Injury History Santos began working for Contra Costa County in 1995. She argues that she is entitled to service‐connected disability reti...
2018.8.2 Motion to Set Aside Default, for Leave to Defend Action 088
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.8.2
Excerpt: ...me, until it was served with a notice of case management conference on January 17, 2018. Alternatively, Defendant maintains the failure to respond to the summons and complaint was due to mistake, inadvertence or excusable neglect. Defendant contends relief should be granted because the lack of notice was not caused by its avoidance of service or inexcusable neglect. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/...
2018.7.26 Motion to Strike, for Judgment on the Pleadings 493
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.26
Excerpt: ...on the court for grievances. In this case, Defendant's protected activity was petitioning the court for the domestic violence restraining orders. Plaintiff Alexander Gaddis filed a complaint alleging causes of action for Slander, Libel, and Intentional Economic Interference. Plaintiff and Defendant are engaged in a contentious divorce and custody proceedings. Plaintiff alleges that Defendant has tried to ruin his reputation with family and friend...
2018.7.26 Demurrer 363
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.26
Excerpt: ... Plaintiff alleges that he purchased a house from Defendants based in part on the view the house had. (FAC ¶6.) However, after Plaintiff purchased the house he learned that the view was not as good as it was when the property was sold. (FAC ¶7) Plaintiff alleges that Defendants trimmed three feet off a hedge on a neighbor's property and when the hedge started to grow back it obstructed the view. (FAC ¶5.) Defendants demur to all three causes o...
2018.7.26 Motion for Leave to File Complaint 127
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.26
Excerpt: ...he delay.” Winding Creek v. McGlashan (1996) 44 Cal.App.4th 933, 941. Even if Plaintiff was dilatory in seeking this Doe amendment, Defendant has not shown any real prejudice caused by the delay. ...
2018.7.26 Motion to Strike 674
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.26
Excerpt: ...is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively. (b) Timing. A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer. Plaintiff's Notice states that she “moves for an order to strike Affirmative Defenses raised in D...
2018.7.19 Motion to Approve PAGA Settlement 889
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.19
Excerpt: ...bor Code section 2699(l)(2) requires the parties to submit the settlement agreement to the LWDA at the same time they submit it to the court. Neither the motion nor Ms. Kraeber's declaration indicates that this has been done. Neither the Court nor the parties are free to ignore the requirements of the statute. Allocation of Settlement Proceeds Second, the Court is concerned about the parties' allocation of the settlement proceeds. As noted above,...
2018.7.19 Motion to Vacate Dismissal 163
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.19
Excerpt: ...473(b); Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 340. The six month limit is mandatory. A court has no authority to grant relief under Section 473(b), unless an application is made within the six month period. Id. at 345 (“[W]e hold that a court has no authority under Section 473, subdivision (b), to excuse a party's noncompliance with the six month time limit.”); Austin v. Los Angeles Unified School District (2016) 244 Cal...
2018.7.19 Motion for Leave to File 124
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.19
Excerpt: ...to the Opposition. For the reasons discussed below, this motion is granted. Plaintiff shall file and serve the 1AC on or before August 3, 2018. Plaintiff seeks to amend the complaint to allege additional facts as well as to add causes of action for conversion, negligence, and civil damages under California Penal Code section 496. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/19/18 ‐ 12 ‐ Code of Civil Proced...
2018.7.19 Demurrer 648
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.19
Excerpt: ...ens in the First Amended Complaint, defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. 2nd C/A. The Second Cause of Action is for intentional infliction of emotional distress. The Court has sustained the demurrer to this cause of action because plaintiff has failed ...
2018.7.19 Demurrer 554
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.19
Excerpt: ...contract; (3) promissory estoppel; (4) breach of covenant of good faith and fair dealing; (5) negligence; and (6) unfair business practices. Previously, this Court overruled Defendant's demurrer to the causes of action for (2) breach of contract and (4) breach of the covenant of good faith and fair dealing. The Court sustained Defendant's demurrer to the causes of action for (1) violation of Civil Code § 2923.6; (3) promissory estoppel; (5) negl...
2018.7.12 Motion to Seal 898
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.12
Excerpt: ...A 3/25/92 (“Plaintiffs”). The Motion is unopposed by Defendants. However, for a motion to seal, the opposition is really the people of the State of California and their interest in an open and transparent judicial system. The Court evaluates the Motion pursuant to California Rules of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/12/18 ‐ 10 ‐ Court, rules 2.550 and 2.551. California Rules of Court, rule 2...
2018.7.12 Motion to Strike 594
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.12
Excerpt: ...f).) The California Supreme Court, in the Central Pathology decision that still defines the scope of the governing statute, stated in pertinent part as follows: “a cause of action against a health care provider for sexual battery would not, in most instances, fall within the statute CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/12/18 ‐ 8 ‐ because the defendant's conduct would not be directly related t...
2018.7.12 Demurrer 184
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.12
Excerpt: ...ce policy. Where a cause of action is based on the alleged breach of a written contract, “the terms must be set out verbatim in the body of the complaint, a copy of the written instrument must be attached and incorporated by reference or the complaint must plead the legal effect of a contract.” See Otworth v. Southern Pacific Transportation Co. (1985) 166 Cal.App.3d 452, 458; Constr. Prot. Servs. Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4...
2018.7.12 Motion to Compel Med Exam 134
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.12
Excerpt: ..., so this motion was procedurally required absent a stipulation. ...
2018.7.12 Request for Preliminary Injunction 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.12
Excerpt: ...lternations to the show quality female Standard Schnauzer puppy (“Show Puppy”), including cropping the ears, and (2) from selling, hypothecating, transferring or conveying the Show Puppy to any third party. Plaintiffs shall post a bond of $10,000 by July 19, 2018. Plaintiffs' request for a preliminary injunction that orders Defendants to transfer the Show Puppy to Plaintiffs is denied without prejudice. CONTRA COSTA SUPERIOR COURT MARTINEZ, C...
2018.7.12 Petition to Compel Arbitration 674
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.12
Excerpt: ...ion of Donald Odell were not tabbed. The Court's denial of the petition is not based on the petition's failure to name the correct respondent. Petitioners should have named Ms. Argabright in her capacity as trustee, rather than the trust itself. The point is moot however, given that Ms. Argabright has appeared to oppose the petition in her capacity as trustee. Further, this is a technical pleading defect that could easily be corrected. The Court'...
2018.7.5 Demurrer 868
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.5
Excerpt: ...mplaint on April 20, 2018, which pleaded causes of action for: (1) equitable indemnity, (2) total indemnity, (3) contribution, and (4) declaratory relief. In response, Cross‐Defendant Medallion Landscape Management, Inc. filed a demurrer on May 25, 2018. Cross‐Defendant demurs pursuant to Code of Civil Procedure § 430.10(e), on the grounds that the First‐Amended Cross‐Complaint fails to state any causes of action against it. For the foll...
2018.7.5 Demurrer 054
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.5
Excerpt: ...Code § 2923.5; (2) violation of Civ. Code § 2923.7; (3) violation of Civ. Code § 2924.12; (4) negligence; and (5) violation of Cal. Bus. & Prof. Code § 17200. As a threshold matter, the Court notes that the Defendant's Notice of Demurrer is defective as it fails to comply with California Rule of Court 3.1110(b)(1); in lieu of the Court's location, the Notice displays a series of “X”s. Although the Plaintiff would appear to have waived thi...
2018.7.5 Motion to Strike 558
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.5
Excerpt: ...use of Action for Negligence Per Se, the motion is denied. This cause of action arose out of a motor vehicle accident occurring on August 31, 2016, on SR‐24 Eastbound off‐ramp at Acalanes Road in Lafayette. Plaintiff Gail Swatzberg alleges Defendant Samer Majid Barance was driving under the influence of alcohol, in violation of Vehicle Code Section 23152. Defendant crashed his vehicle into the rear of Plaintiff's vehicle while she was stopped...
2018.7.5 Motion to Compel Arbitration, Stay Proceedings 223
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.5
Excerpt: ...laintiff”) began working for Kindred Hospice Services (“Kindred Hospice”) around August of 2015. (Complaint at ¶ 4.) In or around September of 2017, Plaintiff witnessed another employee mishandling a patient. (Complaint at ¶ 4.) On November 15, 2017, Plaintiff filed a Complaint against Defendants. Plaintiff alleges that after she reported the witnessed abuse, Kindred Hospice retaliated against her by demeaning her in a meeting with manage...
2018.7.5 Motion for Leave to File Complaint 774
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.7.5
Excerpt: ...ave to amend is liberally granted. (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “ ‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) There are other instances when leave to amend is properly denied. One of those instances is when the amendment is a sham pl...
2018.6.28 Motion to Strike 013
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.28
Excerpt: ...C (“Leisure”) moves to strike the prayer for punitive damages (made as a check mark on a form complaint) from Plaintiff's Complaint. The issue presented is whether Plaintiff has pleaded sufficient facts to warrant recovery of punitive damages. Relevant Allegations Plaintiff alleges she was a hotel guest at the Clarion Inn on October 16, 2015, and she was sexually assaulted during her stay by a third party. (Complaint Attachment p. 1.) Plainti...
2018.6.28 Motion to Quash Service of Summons 174
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.28
Excerpt: ...ed to comply with Code of Civil Procedure section 415.50 before serving by publication. Second, Acosta contends that Dorsey did not comply with the Court's February 14 Order concerning service by CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/28/18 ‐ 18 ‐ publication. The Court's February 14 Order The February 14 Order required Dorsey to: (1) Publish the summons, complaint, and statement of damages in the Con...
2018.6.28 Motion for Summary Judgment 334
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.28
Excerpt: ...d to judgment as a matter of law. (CCP § 437c (c).) Triable issues of fact exist and/or Wilmington has not established it is entitled to judgment as a matter of law. (See law discussed below and Disputed Material Fact Nos. 1, 2, and 6; Plaintiff's Ex. 14, p. 3 (disclosing the Smith Deed of Trust); Ex. A to Bone Decl. filed 4/23/18, Fama Depo., at 19:8‐20:5; 22:5‐23:10; 43:9‐44:14; 51:25‐52:4; 58:3‐11; 59:1‐8; 61:6‐10; 69:10‐20; 7...
2018.6.28 Demurrer 909
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.28
Excerpt: ...try on March 22, 2017 into a Memorandum of Understanding with real party in interest Pacific Gas and Electric (“PG&E”). EBRPD demurrers to the second cause of action on the grounds that (1) the cause of action to set aside project approval as contrary to planning and zoning law and park district ordinance 38 fails as a matter of law because (a) the park's decision is not subject to the City's general plan and tree protection ordinance and (b)...
2018.6.28 Demurrer 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.28
Excerpt: ...thew and Arlene Sirott Family Trust, filed a cross‐complaint, against Dr. Patel, as a manager of 400 Taylor Holdings, LLC. Dr. Sirott's cross‐complaint is a derivative suit on behalf of 400 Taylor Holdings, LLC (“400 Taylor”), named as a nominal cross‐defendant. The cross‐complaint alleges Dr. Patel caused harm to 400 Taylor by improperly failing to consider the CRTC Lease Proposal to lease the vacant suite in the 400 Taylor building....
2018.6.21 Motion to Consolidate or Stay Proceedings 224
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.21
Excerpt: ...ich the unlimited action is pending [1] may stay the unlawful detainer action until the issue of title CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/21/18 ‐ 6 ‐ is resolved in the unlimited action, or [2] it may consolidate the actions. [Bracketed numbers added.] Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385. While Martin‐Bragg and other cases mention consolidation as a theoretical possibility, p...
2018.6.21 Demurrer 423
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.21
Excerpt: ...rally construed, with a view toward substantial justice.” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) Plaintiff Howard S. Leight & Associates, Inc. dba Leight Capital brings this action to quiet title to real property commonly known as 1100 Russelman Park Road in Clayton. Plaintiff seeks title, free and clear of all right, title, liens, and interests in the property created between 3‐14‐ 2001 and 2‐23‐2011. Plaintiff's o...
2018.6.7 Motion to Permit Discovery of Sexual Activity 443
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.7
Excerpt: ...any disease. If he has not actually contracted either of these diseases, discovery of Plaintiff's past sexual history would be precluded as there would be no possibility that he had contracted the diseases from someone other than Defendant. If he has contracted either of these diseases, then the motion would be CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/07/18 ‐ 8 ‐ granted as the court finds that Defendan...
2018.6.7 Demurrer 858
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.7
Excerpt: ...t misrepresentation; (4) negligence; (5) wrongful foreclosure; (6) violations of Business & Professions Code § 17200, et seq.; and (7) violation of HBOR (Civil Code § 2923.7). For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendants request judicial notice of several Contra Costa County Recorder documents as well as pleadings from other actions in Contra Costa County as well as the Nor...
2018.6.7 Demurrer 098
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.7
Excerpt: ...aint (“FAC”) filed by Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The FAC pleads causes of action for (1) violation of Civil Code § 2923.7; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2924(b); (4) negligence; (5) intentional misrepresentation; (6) negligent misrepresentation; (7) promissory estoppel; (8) to set aside trustee's sale; (9) quiet title; (10) elderly financial abuse; and (11) unfair busin...
2018.6.7 Demurrer 048
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.6.7
Excerpt: ...nification, (2) apportionment of fault; (3) declaratory relief; (4) slander of title; and (5) fraud. Defendants demur pursuant to Code of Civil Procedure § 430.10(e) and (f). For the following reasons, the Demurrer is sustained, without leave as to the cause of action for slander of title and with leave as to all other causes of action. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.�...

632 Results

Per page

Pages