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2020.11.19 Demurrer 598
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.11.19
Excerpt: ...run from that time. Background Plaintiff Lubna Jahangiri and defendant Ivette Santaella, both attorneys, met in 2013 and started doing business together. While the structure of their business relationship was not always clear, they operated as a partnership for some time until their third partner retired in 2018. Plaintiff and Santaella were then advised to incorporate, which they did on January 22, 2019, forming defendant Santaella & Jahangiri, ...
2020.11.12 Demurrer 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.11.12
Excerpt: ...he demurrer to the FAC in its entirety and to the Second Cause of Action is overruled. Plaintiff shall file the amendment on or December 3, 2020. Plaintiff is admonished that leave to amend is granted only as to the Fourth Cause Action. Plaintiff shall not add any new causes of action. Background Plaintiff Cheryl Cole rented a space in a commercial yard, located at 2164 Franklin Canyon Road in Martinez, to store vehicles, such as tractors and tra...
2020.11.12 Motion for Summary Judgment, Adjudication 094
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.11.12
Excerpt: ...t Steadfast Hilltop Commons, LP and Steadfast Management Company, Inc.'s motion for summary judgment is granted. Plaintiff is suing Defendants for defamation based on the alleged reporting of a false debt of $144.06. Plaintiff attempted to bring other claims against Defendants, however, the other CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/12/20 ‐ 3 ‐ claims did not survive the Defendants' demurrer to the ...
2020.11.05 Demurrer 498
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.11.05
Excerpt: ...estoppel, (3) breach of implied covenant of good faith and fair dealings, (4) conversion, and (5) fraudulent misrepresentation. Defendant demurs to each cause of action for the failure to state a claim and uncertainty. Breach of Contract (C/A 1) Plaintiff alleges that she and the Defendant entered into an oral agreement in July 2017 where the parties agreed to “jointly own and operate a restaurant” in Concord called “Quickly Concord (QC)”...
2020.10.29 Motion for Summary Judgment 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.29
Excerpt: ...3) violation of Civil Code § 2923.6(d); (4) violation of Civil Code § 2923.7(b)(1); (5) negligence; and (6) violation of Bus. & Prof. Code § 17200 et seq. Before the Court is Defendant's Motion for Summary Judgment (“MSJ”). For the following reasons, Defendant's MSJ is granted. Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. Evid. Code §§ 452, 453. Legal Standard Code of Civil Procedure (“CCP�...
2020.10.29 Demurrer 738
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.29
Excerpt: ...ff's counsel for approval as to form. The judgment shall include a dismissal of defendant Quality Loan Service Corporation, which has never been served with process. 1st C/A. The First Cause of Action is captioned “Lack of Title and Standing under Civ. Code § 2924(a)(6).” The Court sustains defendants' demurrer to this cause of action on each of the following, fully independent grounds:  Plaintiff fails to cite legal authority supporting ...
2020.10.29 Demurrer 268
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.29
Excerpt: ... (3) violation of California Unfair Competition law; (4) breach of contract; (5) negligent misrepresentation; and (6) breach of fiduciary duty. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/29/20 ‐ 11 ‐ Defendant demurs to all but Plaintiff's first cause of action pursuant to Code of Civil Procedure § 430.10(a),(e), and (f). For the following reasons, the Demurrer is sustained, without leave to amend. Analy...
2020.10.29 Demurrer 244
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.29
Excerpt: ... Court to take judicial notice of pleadings and judicial admissions, without identifying what those pleadings and judicial admissions are. Perhaps stating the obvious, the Court cannot grant judicial notice of unidentified pleadings or CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/29/20 ‐ 16 ‐ purported judicial admissions. NNA additionally requests judicial notice of a database maintained by the NTSB, but w...
2020.10.29 Demurrer 234
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.29
Excerpt: ...at 401 Laurel Avenue in Pinole, Assessor's Parcel Number 40‐094‐017‐1. Since 2016‐ 2017 tax year, the tax bill has been in the name of M. Michael Partow, TRE [presumably for “Trustee”]. Plaintiff received a letter, dated June 30, 2019, from the Contra Costa County Officer of Assessor, assessing the value of the property for tax purposes at $2,936,479.00. Plaintiff alleges the valuation is highly inflated. Plaintiff appealed the proper...
2020.10.22 Demurrer 143
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.22
Excerpt: ...proval as to form. A. Preliminary Matters. A‐1. Necessary Parties. With regard to whether other claimants to the excess sales proceeds are necessary parties, the Court adopts the analysis set forth in respondents' supplemental memorandum filed on October 1, 2020. Other claimants are not necessary parties because, if petitioner were successful, the proper remedy would not be a writ directing respondents to pay petitioner the excess sales proceed...
2020.10.22 Demurrer 203
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.22
Excerpt: ...hevrolet Silverado 1500 from defendant General Motors, LLC, on or about April 30, 2017 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) With the purchase, plaintiff received various warranties from defendant. (Complaint, ¶7.) On multiple occasions, plaintiff has had to bring the vehicle in for service related to issues such as transmission harsh gear shifting, check engine light, and startup issues. (Complaint, ¶¶9‐10...
2020.10.22 Motion for Leave to File Amended Complaint 293
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.22
Excerpt: ... included a description of the proposed amendments to the complaint. The Court's ruling is based off this description. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (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 oppo...
2020.10.22 Motion for Summary Judgment 194
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.22
Excerpt: ...pp.4th 349, 362, fn. 8.) The court has decided to consider the reply evidence, and will provide that opportunity. However, even with the changes, a signed copy of the contract between DLSC and Oval has not been provided, and a satisfactory foundation for proof of the contract through secondary evidence has not been laid. (See Evid. C. § 1521, 1523.) The court cannot rule on the claim for contractual indemnity without proof of the actual contract...
2020.10.08 Writ of Mandate Set by Stipulation 460
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...eedings below. The Court finds that this Ordinance is a project under CEQA as it appears reasonably foreseeable that the Ordinance could cause indirect physical changes. The Court is inclined to find that the Ordinance is covered by a categorical exemption, specifically Class 8. When deciding if a CEQA Project is covered by a categorical exemption, the respondent has the burden of showing there is substantial evidence that the Project fits within...
2020.10.08 Petition to Compel Arbitration and Stay Proceedings 023
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...cility (“Atria”), by representing to plaintiff and her family that they would be providing for her medical needs, providing plaintiff with extensive mobility assistance, activities of daily living, transfers, extensive supervision, and status checks. (Complaint, ¶3.) Plaintiff later suffered from a serious fall and was left alone, despite calling for assistance. (Complaint, ¶4.) Plaintiff broke her left hip and, despite pushing the button o...
2020.10.08 OSC Re Preliminary Injunction 864
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...ued September 17, 2020 is dissolved. Factual and Procedural Background This is a business dispute among parties who provide test preparation and tutoring services. Generally, Plaintiffs, two individuals (Joan Cuenco and Dan Harrington) and their respective corporate entities (Joan Cuenco Consulting, LLC ("JCC") and On Track Learning, LLC ("OTL")), allege Cuenco, OTL and Bruns had a partnership from April 2019 until disputes arose in August 2020. ...
2020.10.08 Motion for Summary Adjudication 268
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...tate Compensation Insurance Fund (SCIF), an insurance issuer and underwriter, provided Defendant RBE Construction, Inc. dba Slingshot Drywall, with a workers compensation insurance policy. The policy covered a period from September 13, 2015 through September 13, 2016. Workers compensation insurance premiums are originally based upon an estimate at the inception of the policy and actual earned premiums are not calculated until the policy expires a...
2020.10.08 Motion for Leave to File Amended Complaint 754
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...erits of the proposed new causes of action. The Court exercises its discretion to defer a consideration of the merits for future proceedings. (See, Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760 [“we believe that the better course of action would have been to allow [the plaintiff] to amend the complaint and then let the parties test its legal sufficiency in other appropriate proceedings”].) The Court notes that it would be particularly...
2020.10.08 Demurrer 674
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...8th Street, in Richmond, California. Defendant hired plaintiff to perform the services. (¶ 2, 9.) After incorporating the facts alleged above, the Third Cause of Action purports to allege a cause of action under Labor Code section 3706 by alleging that plaintiff was an employee of defendant when he was injured, he was injured in the course and scope of his employment, defendant was required to maintain worker's compensation insurance, and defend...
2020.10.08 Demurrer 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.08
Excerpt: ...ng, LLC (“PHH”) (collectively, “Defendants”). The Demurrer relates to the Second Amended Complaint (“SAC”) filed by Plaintiff Saviour Azzopardi (“Plaintiff” or “Azzopardi”). The SAC alleges cause of action for (1) wrongful foreclosure; (2) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendants demur pursuant to Code of Civil Procedure § 430.41(e) on the grounds that Plaintiff has ...
2020.10.01 Demurrer 454
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.01
Excerpt: ...o arguments. First, Defendants assert that this case is barred by the doctrine of res judicata. Second, the claim that the treble damages sought by Plaintiff are unconstitutional. The Court first rules on the parties' various unopposed requests for judicial notice, and then addresses the merits of the demurrer. Requests for Judicial Notice Defendants seek judicial notice of three items: (1) Plaintiff's August 2015 Government Tort Claim; (2) the s...
2020.10.01 Demurrer 434
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.01
Excerpt: ...nt Code section 945.6 (a)(1) is sustained. Leave to amend is denied because the court does not see how the City can amend to correct the defect. If the City calls to contest this ruling to request leave to amend, it shall attend the hearing prepared to describe how it would successfully amend the Cross‐Complaint. The Park District shall file and serve its Answer to the Cross‐Complaint on or before October 15, 2020. Background The court takes ...
2020.10.01 Demurrer 384
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.01
Excerpt: ...swer on or before October 15, 2020. If plaintiff contests this ruling to request leave to amend, she shall attend the hearing prepared to explain how she could successfully amend the complaint. Plaintiff sues for alleged medical malpractice arising out of CT and MRI scans she had, alleging causes of action for (1) General Negligence; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Deceit; (5) Premises Liability; and (6) Product...
2020.10.01 Motion for Determination of Good Faith Settlement 288
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.01
Excerpt: ...ch. (See Motion, 3:3‐12; Decl. of Roger D. Yuen, ¶4.) She further states that “Seventeen‐Thousand Five Hundred Dollars ($7.500.00) to was previously tendered” to defendant Brittany Arnold. (Yuen Decl., ¶5.) Because Hamrick's policy limits are $30,000, and the settlement is for the policy limits (Motion, 3:3‐12.), the Court construes the settlement terms as providing each plaintiff with a payment of $7,500. Combined with a previous pay...
2020.10.01 Motion for Summary Adjudication 424
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.01
Excerpt: ... the motion is denied, because the Court cannot fully dispose of the conversion cause of action in light of Plaintiff's claim for punitive damages. Facts Plaintiff Erin Cornford is the successor administrator of the estate of her grandfather, Robert M. Whittington (the “Whittington Estate”), who died intestate in 2016. (Plaintiff's Separate Statement of Undisputed Material Facts ("UMF") 1, 5.) Her mother, Julie Whittington, was the original a...
2020.10.01 Motion for Summary Adjudication 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.10.01
Excerpt: ...r Holdings LLC (“400 Taylor”), whose sole asset is 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 initial Operating Agreement for 400 Taylor LLC. The Agreement identified Dr. Patel and Dr. Sirott as the sole members and mangers, each with 50% interest. Dr. Patel filed this deriva...
2020.09.17 Demurrer 238
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.17
Excerpt: ...�) and co‐worker, David Englebrekston. In his original complaint, he alleged Englebrekston told management that plaintiff was “verbally abusive” toward janitorial staff. Defendants demurred to the original complaint, partly on the grounds that plaintiff failed to allege any false factual statement actionable as defamation. The Court sustained the demurrer on the grounds that the statement was opinion, and plaintiff amended his complaint, on...
2020.09.17 Demurrer 143
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.17
Excerpt: ...al briefs, not to exceed 10 pages, on or before October 8, 2020. 1. Necessary Parties. The Second Amended Complaint alleges that there are at least two additional claimants competing with petitioner for the subject excess sales proceeds: (1) 1827 H. Place, Inc. (“1827”), presumably a corporation, and; (2) an entity of unknown form identified only as “Fagala.” The Court requests briefing on why these and any other competing claimants shoul...
2020.09.10 Motion to Quash Service of Summons and Complaint 434
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.10
Excerpt: ...hotel into a health care facility. Two of the defendants, Quality Health Asset Management (“QHAM”) and Tracy Brown are apparently California residents. Moving defendants Mitchell and VIFC are not. Plaintiff concedes that the contacts of Mitchell and VIFC are insufficient to sustain general personal jurisdiction, but argues they are sufficient to support specific personal jurisdiction. A California court may not assert jurisdiction simply beca...
2020.09.10 Motion to Approve Good Faith Settlement 833
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.10
Excerpt: ...n the middle lane. Traffic slowed and stopped and Mr. Spargo slammed on the brakes, but his Toyota Rav 4 struck the rear of Brittney Bonner's Kia Forte and pushed the car forward into another vehicle. The facts of the accident are not in dispute. Liability is not in dispute. Richard Spargo admitted his negligence for the subject accident. In the collision, Brittney Bonner, her 4‐year‐old son Kyree Jackson‐Bonner, and a passenger Shaquela Ja...
2020.09.10 Motion for Leave to File Amended Complaint 163
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.10
Excerpt: ...suit arises out of Defendants' alleged failure to properly maintain the condition of the condition of the Park in a safe and habitable manner and in accordance with applicable statutory and other standards, and two landslides that occurred at the Park in January and February 2017 which resulted in some of the mobilehomes being red‐tagged and rendered uninhabitable. Plaintiffs filed their complaint initiating this action on January 23, 2018. The...
2020.09.10 Demurrer 142
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.10
Excerpt: ...seeks to enjoin the collection of property taxes, the Court is without jurisdiction to grant the relief sought, under Revenue and Taxation Code (“RTC”) section 4807; (2) because the complaint challenges the assessment of property taxes, and Plaintiffs failed to exhaust applicable administrative remedies, the Court is without jurisdiction to grant the relief sought, under RTC sections 1603, 4801, 4807, 4986, and 5097; (3) the action is time‐...
2020.09.03 Demurrer 654
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.03
Excerpt: ...of dissolving their marriage through family law proceedings currently pending in the family law division of this Court. Plaintiff filed her Complaint on April 15, 2020, setting forth four causes of action: (1) Battery‐ Domestic Violence, (2) Intentional Infliction of Emotional Distress (“IIED”), (3) False Imprisonment, and (4) Violation of Civil Rights. Defendant demurs, arguing that the statute of limitations has run on all four causes of ...
2020.09.03 Demurrer 442
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.03
Excerpt: ...ONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 09/03/20 ‐ 15 ‐ through failure to issue the requested grading permit, so the court can address legal or factual deficiencies of these claim of breach in a subsequent pleading or summary adjudication motion. The court does not, however, require such a separation as to the current second cause of action for breach of the covenant of good faith and fair dealing because...
2020.09.03 Demurrer 193
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.03
Excerpt: ...just enrichment seeking recovery of $300,000 in fees for providing care to her mother, Anita Chorbajian, now deceased, and $21,000 for her services managing Mrs. Chorbajian's assets. Defendant Gregg Chorbajian is Plaintiff's brother and is sued in his capacity as Co‐Trustee of the John E. Chorbajian and Anita Chorbajian Living Trust (the "Trust"). At the time she filed her lawsuit, Plaintiff was also a Co‐ Trustee of the Trust. The Trust is s...
2020.09.03 Demurrer 153
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.09.03
Excerpt: ...to comply with the meet and confer declaration requirements of Code of Civil Procedure section 430.41(a)(3). However, Defendant does set forth that “counsel for the parties met and conferred via telephone and via email.” (Demurrer, 7:5‐8.) As such, and because the filing of the declaration is not grounds for overruling or sustaining a demurrer, the Court proceeds with its ruling. Background Plaintiff was hired in February 2015 as a Social W...
2020.08.27 Motion for Summary Judgment, Adjudication 028
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.27
Excerpt: ...ff Stacy Bauman was injured as a result of a dangerous condition of property owned and maintained by Defendants. Plaintiff, a technician for Ecolab, was installing equipment for the washing machines in the basement of Defendants Hilton Worldwide, Inc. dba Embassy Suites, located at 1345 Treat Boulevard in Walnut Creek. Plaintiff stepped onto a grate in the area where she was working and the grate caved in causing injuries to Plaintiff. Motion Def...
2020.08.27 Motion to Strike 693
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.27
Excerpt: ...f action here are unprotected statements to the plaintiff's subtenants. As such, the burden does not shift to plaintiff to show a probability of prevailing, as further discussed below. Background In his Complaint, plaintiff Raul Vasquez (“Plaintiff”), states that he leases property from E & J Enterprises in Richmond, California pursuant to a written lease agreement (“Lease”). Eugene Maffei (“Defendant”) and James Maffei are the owners...
2020.08.27 Motion to Quash 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.27
Excerpt: ...des a detailed statement of facts and summary of the evidence before the Court based on the motion and opposition papers filed by specially appearing defendant Brookfield Residential Properties, Inc. ("Brookfield RP Inc.") and plaintiff Novin Development Corp. ("Novin Corp"), respectively. The Court summarizes those facts and pleadings again here. In its first amended complaint ("FAC"), Plaintiff Novin Corp alleges it entered into a joint venture...
2020.08.20 Motion for Leave to Amend Complaint 613
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.20
Excerpt: ... permitted in the First Amended Complaint. The updated first amended complaint shall be filed and served on the current defendants by September 3, 2020. Plaintiff shall promptly serve Friello. Plaintiff seeks permission to file a first amended complaint that adds Keith Lawson and Joseph Friello as defendants in this case. Friello would be added to causes of action one (FEHA violations) and seven (IIED), while Lawson would be added to cause of act...
2020.08.20 Demurrer 864
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.20
Excerpt: ...ior Living, Inc., SNH SE Tenant TRS, Inc. doing business as Tiffany Court, a Resident Care Facility for the Elderly, is located at 1866 San Miguel Drive in Walnut Creek. Decedent suffered from Alzheimer's and the primary focus of choosing Defendant Tiffany Court as a residential facility was its advertised specialty in caring for patients with Alzheimer's disease. On June 18, 2016, at approximately 7:45 p.m., Ms. Baker was found outside, lying on...
2020.08.20 Demurrer 684
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.20
Excerpt: ...: 08/20/20 ‐ 26 ‐ The First Cause of Action is for breach of a February 2014 loan modification agreement entered into between plaintiff's now‐ deceased husband and defendant's predecessor‐in‐interest, non‐party Ocwen Loan Servicing, LLC. (Complaint, ¶ 3 and ¶ 8.) The Court has sustained defendant's demurrer on the following grounds. A‐1. Standing. In support of the demurrer, defendant cites pertinent California case law demonstrat...
2020.08.20 Demurrer 228
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.20
Excerpt: ...ainst Kingsmead for (1) declaratory relief, (2) injunctive relief, (3) wrongful foreclosure, (4) breach of contract, (5) violation of California Business and Professions Code §§ 17200 et seq., (6) quiet title, and (7) unjust enrichment. The Court strikes causes of action for (5) violation of California Business and Professions Code §§ 17200 et seq. and (7) unjust enrichment pursuant to Defendant's motion to strike discussed at Line 9. Defenda...
2020.08.20 Demurrer 194
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.20
Excerpt: ...e arguments. First, it contends that the 3AC is barred because Plaintiffs failed to comply with the claim presentation requirements found in the Government Claims Act. Second, it contends that Paul A. and Jahna A. lack standing to bring any individual claims. Finally, it contends that the 3AC fails to allege facts sufficient to constitute any cause of action. Government Claims Act The Court first addresses the claim presentation requirement found...
2020.08.13 Special Motion to Strike 574
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.13
Excerpt: ...has made a threshold showing that the challenged cause of action is one arising from protected activity, that is, by demonstrating that the facts underlying the plaintiff's complaint fit one of the categories spelled out in section 425.16, subdivision (e). If the court finds that such a showing has been made, it must then determine the second step, whether the plaintiff has demonstrated a probability of prevailing on the claim. [Citation.]' [Cita...
2020.08.13 Petition to Relieve Petitioner from Provisions 844
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.13
Excerpt: ... parties treat the petition as seeking relief from the requirements of section 945.4. Accordingly, the Court proceeds on that basis. As an initial matter, respondent West Contra Costa Unified School District (“School District”) seeks judicial notice of several documents. The request is unopposed, and judicial notice is appropriate. The requests are granted. Background Facts and Law On May 7, 2019, Gonzalez was involved in a car accident with ...
2020.08.13 Motion to Expunge Lis Pendens, OSC Re Contempt 148
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.13
Excerpt: ...xtending from 2010 to 2015. The lease provided for an option to renew if written notice is given no later than 90 before expiration of the lease. The lease also contained a provision of first right of refusal. Plaintiff did not give written notice in accordance with the lease. In September 2018, the Wongs' attorney informed Plaintiff they intended to sell the property to other prospective buyers. Plaintiff filed this action for breach of contract...
2020.08.06 Motion to Strike 703
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.06
Excerpt: ...ling on the adequacy of plaintiff's complaint. If plaintiff elects to amend, she shall state her direct entity liability theory (section 815.6) and vicarious entity liability theory (section 815.2) in separate counts. Any amended complaint shall be filed and served on or before August 20, 2020. The complaint alleges that plaintiff Wu was bullied and harassed while a student at Hercules Middle School. The harassment culminated in an incident on Ma...
2020.08.06 Demurrer 468
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.06
Excerpt: ...laint, trying to allege facts to show they did not discover their cause of action for the wrongful death of Sarah Dell O'Connell, their wife and mother, respectively, until August 27, 2018, rather than earlier, on March 3, 2018, when Sarah's mother, Michelle Dell, hired attorney Thornton Davidson to investigate the circumstances of Sarah's death. If they discovered their cause of action on the later date, their February 27, 2019 government claim ...
2020.08.06 Demurrer 444
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.06
Excerpt: ...re for Fujii's mother (plaintiff's grandmother) for her lifetime and be compensated through permanent residence in the home. However, after the mother died, plaintiff was evicted and was paid nothing for her ten years of service. Defendant demurred to the complaint, but failed to meet and confer, as required by CCP § 430.41. Plaintiff opposed the demurrer, but does not appear to have considered the various authorities cited by defendant, which s...

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