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2020.01.30 Petition to Compel Arbitration and Stay Action 094
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.30
Excerpt: ... 01/30/20 ‐ 23 ‐ arbitration of the claims and to stay the action pending arbitration. Gervasio opposes the petition on several grounds, including on the ground that he did not execute the arbitration agreements attached to the petition. For the reasons set forth, the Court finds that a valid and enforceable arbitration agreement exists. The petition is GRANTED under the terms of this ruling, and the action is stayed pending completion or ter...
2020.01.30 Motion for Summary Judgment, Adjudication 443
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.30
Excerpt: ...in April 2016 with a policy limit of $65,000. (D's Ex. 3; SAC ¶11.) Plaintiff had several pieces of jewelry stolen that were worth approximately $50,000. (D's Ex. 11 and 34.) However, because of the limitation on thefts of jewelry stated in the written policy, CSAA only paid $2,500 for the stolen jewelry. (Hughes Decl.¶¶32 and 34; D's Ex. 34 and 36.) CSAA paid Plaintiff $29,957 on this claim. (D's Ex. 36.) Had all of Plaintiff's jewelry been c...
2020.01.30 Motion for Summary Judgment 403
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.30
Excerpt: ...on which a reasonable trier of fact could conclude that Becker's conduct exhibited a conscious disregard of Benjamin's safety or was despicable. Becker's motion for summary adjudication that plaintiffs may not recover punitive damages against him is therefore granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/30/20 ‐ 10 ‐ The Law Of all the classes of cases in which punitive damages are sought, the most ...
2020.01.30 Motion for Leave to File Amended Complaint 864
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.30
Excerpt: ...st 8, 2016. Ms. Baker suffered from Alzheimer's disease and the primary focus of choosing Defendant Tiffany Court as a residential facility was its advertised specialty in caring for patients with Alzheimers. On June 18, 2016, at approximately 7:45 p.m., Ms. Baker was found outside, lying on the ground. Ms. Baker had wandered from the facility, without her walker, and had suffered a fall. Ms. Baker had severely fractured her humerus, requiring su...
2020.01.23 OSC Re Contempt 546
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.23
Excerpt: ...eld in contempt for failure to comply with this Court's August 14, 2019 judgment which required production of the landfill records at issue in this case. The Court finds that the August 14, 2019 judgment was not automatically stayed for the reasons described further, below, but declines to order sanctions at this time. Defendants have until February 28, 2020 to either produce the tags at issue or apply for a discretionary stay of the August 14, 2...
2020.01.23 Motion to Strike 213
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.23
Excerpt: ... discovery or further investigation reveal new facts supporting such a claim. Background Defendant Laura Lee Kaiser is a licensed registered nurse employed by Defendant John Muir. During her employment with John Muir, Defendant Kaiser improperly accessed and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/23/20 ‐ 9 ‐ reviewed Plaintiffs' Confidential Medical Information (“CMI”). At no relevant time was Def...
2020.01.23 Motion to Contest Good Faith Settlement 758
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.23
Excerpt: ...tion, however, in ruling on a motion under section 877.6 is not unlimited and should be exercised in view of the equitable goals of the statute, in conformity with the spirit of the law and in a manner that serves the interests of justice.” (Long Beach Memorial Medical Center v. Superior Court (2009) 172 Cal.App.4th 865, 873.) “Equity is the aim of section 877.6. The dual equitable goals of section 877.6 are ‘equitable sharing of costs amon...
2020.01.23 Motion for Summary Adjudication 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.23
Excerpt: ...ed their right to judgment as a matter of law. Documents “filed” under seal At the outset, the court addresses defendants' attempt to file all papers in support of their motion other than the Notice of Motion under Seal. Rule of Court 2.551 does not permit a party to file documents under seal just because the parties have executed a Stipulated Protective Order. (CRC 2.551 (a).) Rather, a party wishing to file a document under seal must file a...
2020.01.23 Demurrer 804
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.23
Excerpt: ...st in property through a deed of trust that was recorded contrary to the intent and instructions of the trustor is analogous to obtaining such an interest through forgery. (See, Wutzke v. Bill Reid Painting Serv. (1984) 151 Cal.App.3d 36, 43‐44. See also, Trout v. Taylor (1934) 220 Cal. 652, 656 [an undelivered deed or a deed in blank is void]. Cf. Buck v. Superior Court of Orange County (1965) 232 Cal.App.2d 153, 162 [“[w]here a person who h...
2020.01.23 Demurrer 423
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.23
Excerpt: ...quiet title to real property commonly known as 1100 Russelman Park Road in Clayton (property referred to as 1160 Russelmann Park in some documents.) Plaintiff alleges it owns the property by virtue of its purchase at a trustee's sale held on February 17, 2011 pursuant to a non‐judicial foreclosure sale. Plaintiff's ownership came through the second Deed of Trust. On November 21, 2005, Defendant Victor Weber borrowed $450,000. Weber used the pro...
2020.01.16 Motion for Determination of Good Faith Settlement 618
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.16
Excerpt: ...park" as to be inconsistent with the objectives of the good faith requirement. The Settlement Agreement includes the key terms: 1. Goldtab's insurance company would pay Plaintiff $1.6 million in exchange for a release of Plaintiff's claims against Mr. Levy, Goldtab, and associated entities, specifically including Goldtab's franchisor, “2946033 Canada, Inc. dba The Mad Science Group” (“MSG”). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNI...
2020.01.16 Motion for Summary Judgment 058
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.16
Excerpt: ...amounts owed Plaintiff ICC under the Indemnity that preclude summary judgment. Plaintiff's motion for summary judgment is therefore DENIED. Factual Summary ICC asserts two causes of action in its complaint: a first cause of action for breach of contract based on breach of a General Indemnity Agreement against Defendant Amana Engineering & Construction, Inc. (“Amana”), its president Defendant A. Nasser Jandali (“Jandali”), and Defendant Na...
2020.01.16 Motion to Amend Complaint 645
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.16
Excerpt: ...assigned their rights against the Defendants and Cross‐Defendants to Hassan. Hassan moves pursuant to Code of Civil Procedure § 473(a) to name himself as the cross‐complainant and strike the Planks from the cross‐complaint filed on October 13, 2017. He also moves pursuant to Code of Civil Procedure § 474 to amend the cross‐complaint to name six additional cross‐defendants: H. Max Peyvan, Renee Peyvan, Massoud Fanaieyan, Richard Kraber...
2020.01.16 Petition for Writ of Mandate 224
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.16
Excerpt: ...esota Avenue and (2) illegal parking along Minnesota Avenue. Both issues are challenged under Code of Civil Procedure section 1085. Center Median Petitioner argues that the center median along Minnesota Avenue in front of Petitioner's property was not constructed in accordance with the Conditions of Approval for subdivision 8311 (which is next to Petitioner's property on Minnesota Avenue). Petitioner alleges that the Conditions of Approval for su...
2020.01.09 Motion to Strike (Anti-SLAPP) 744
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.09
Excerpt: ...the cross‐complaint is a SLAPP because it was filed in retaliation for a discovery dispute in this case. Colbert's motion misunderstands the relevant inquiry in the first prong of an anti‐SLAPP motion and has this Court questioning whether Cross‐Complainants are entitled to their attorney fees for having to oppose this motion. It has been long established that in order for a complaint to be within the anti‐ SLAPP statute, the “critical ...
2020.01.09 Motion to Expunge Lis Pendens, for Attorney Fees 368
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.09
Excerpt: ...nged because Plaintiff cannot show the lis pendens is based on real property claims (Code of Civil Procedure § 405.31) and because Plaintiff cannot produce evidence showing a probable validity of the real property claim CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/09/20 ‐ 2 ‐ (Code of Civil Procedure § 405.32). Plaintiff has the burden on both these issues. (Code of Civil Procedure §405.30; see also, Kir...
2020.01.09 Motion for Attorney Fees 314
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.09
Excerpt: ... case using the “lodestar” method, which simply involves multiplying the number of hours spent by the hourly compensation of each attorney to arrive at a base value. Komarova v. National Credit Acceptance, Inc. (2009, 1st Dist) 175 Cal App 4th 324). The hours spent and the rates charged must be reasonable, as determined by the standard rates and hours charged to fee‐paying clients. The court finds that the hourly rate of $400 is too high gi...
2020.01.09 Demurrer 254
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.01.09
Excerpt: ...et and conferred only by letter, and not “in person or by telephone” as the governing statute requires. (See, Code Civ. Proc, § 430.41, subd. (a).) The parties shall comply with the meet‐and‐confer statute in the context of any renewed demurrer. The Public Entity Defendants. Plaintiff alleges that that defendants County Connection and County Connection Link are public entities. (Complaint, ¶ 2.) However, plaintiff has improperly ignored...
2019.9.26 Petition for Right to Attach Order 084
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.26
Excerpt: ...fendant Almaden Associates, LLC (“Almaden” or “AA”), and Defendant Corrie Development Corporation, a California corporation (“CDC”) (collectively, “Defendants”). Plaintiffs seek an order for issuance of a writ of attachment against the entity defendants, Almaden Associates and Corrie Development Corporation in the amount of $1,401,500.00, but does not identify any specific bank accounts or real property. For the following reasons,...
2019.9.26 Petition for Relief from Provisions 573
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.26
Excerpt: ...om the Richmond Police Department. Dorton says that those officers employed excessive force during the course of that arrest. Apparently with limited exceptions, Dorton was then incarcerated from November 24, 2018 to approximately March 14, 2019. In late March or early April of 2019, Dorton retained present counsel to pursue this matter. Counsel engaged in a factual investigation of the matter, apparently consisting of (1) sometime between May 13...
2019.9.26 Motion for Summary Adjudication 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.26
Excerpt: ...the medical office building located at 400 Taylor Boulevard in Pleasant Hill. On or about July 20, 2006, Dr. Patel and Dr. Sirott formed 400 Taylor and on March 26, 2007, Dr. Patel and Dr. Sirott entered into the Operating Agreement for 400 Taylor LLC. Drs. Sirott and Patel were and still are the managers of 400 Taylor. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 20...
2019.9.5 Petition to Compel Arbitration and Appoint Arbitrator 464
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.5
Excerpt: ...s, Presumptions, and Findings of Fact In ruling on a motion to compel arbitration, the trial court shall order parties to arbitrate “if it determines that an agreement to arbitrate the controversy exists[.]” “[T]he party CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 09/05/19 ‐ 19 ‐ seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence,...
2019.9.5 Motion to Set Aside Default Judgment 246
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.5
Excerpt: ...n his payments, under a written agreement. Plaintiff alleges Defendant Bee Automotive obtained the vehicle for services on April 10, 2017. Plaintiff learned of Bee's possession of the vehicle when Defendant Bee applied for permission to sell the vehicle. On June 14, 2017, Plaintiff's counsel sent a demand for the vehicle to Bee Automotive, along with a tender of the amount provided by law for storage, towing, etc. The tender was rejected. Plainti...
2019.9.5 Motion for Summary Judgment, Adjudication 418
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.5
Excerpt: ...laintiff's Additional Fact (“PAF”) Nos. 38, 39, 42‐60, 62.) Further, section 846 does not apply to either Amtrak or BNSF even as to their duties as owners of an estate in real property if they are liable of willful misconduct, and there is a triable issue of fact whether they are. (PAF 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33.) As for the individual issues that defendants want adjudicated: 1. Plaintiff's negligence claims ...
2019.9.5 Demurrer, Motion to Strike 213
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.5
Excerpt: ...uir Health. However, at no relevant time were Defendants Kaiser or John Muir Health responsible for the medical care and treatment of J.K. Defendant John Muir Health learned that Defendant Kaiser, during her employment with John Muir, improperly accessed and reviewed Plaintiffs' Confidential Medical Information (“CMI”). On or about April 10, 2017, for the first time, Plaintiffs were informed by John Muir that Defendant Kaiser had, “without ...

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