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2020.08.06 Demurrer 348 (2)
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.06
Excerpt: ..., 2020. The Moraga Country Club Homeowners' Association brought a cross‐ complaint against EBMUD for (1) breach of contract, (2) nuisance and (3) declaratory relief. The Cross‐ Complaint alleges that there were two landslides in 2016 on EBMUD's property and were caused by EBMUD's actions. (Cross‐Comp. ¶10.) EBMUD has not repaired the landslides and as a result an emergency access road cannot be used by residents of the HOA. (Cross‐Comp. ...
2020.08.06 Demurrer 023
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.08.06
Excerpt: ...ing, and presents specific facts which Plaintiff contends she could truthfully allege, if she were given leave to amend her FAC, to demonstrate her claim is not barred by the statute of limitations and is otherwise legally viable. Facts Alleged Plaintiff Meier alleges she was the owner of real property commonly known as Lot 9, Mallard Dr., Point Richmond, California (the "Property"). (FAC ¶¶ 2, 7.) The Property was encumbered by a deed of trust...
2020.07.30 Motion to Strike 464
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.30
Excerpt: ...(1), arguing that defendants' motion is frivolous. That motion is scheduled to be heard on September 3, 2020. It is supported by a confusing document consisting of 48 numbered pages, with exhibits interspersed. Notwithstanding a footer that refers only to that motion, the document appears to contain the Memorandum of Points and Authorities filed in support of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/30/...
2020.07.30 Motion for Summary Judgment, Adjudication 484
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.30
Excerpt: ...earing that Thursday. As the Court pointed out, a reply here was due “not less than five days” before the hearing. Although Code of Civil Procedure section 12a allows an extra day to complete certain matters when the due date falls on a weekend or holiday, that section does not apply here. (Steele v. Bartlett (1941) 18 Cal.2d 573, 574 [section 12a does not apply to acts that must be “performed ‘not less' than or ‘not later' than a given...
2020.07.30 Motion for Preliminary Injunction 318
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.30
Excerpt: ...iolation of Civil Code § 2924.17, violation of Civil Code § 2924, violation of Civil Code § 2924c, and Unfair Competition in violation of Business and Professions Code § 17200 et seq. ("UCL"). A temporary restraining order was issued on February 20, 2020 to prevent RTR from proceeding with a nonjudicial foreclosure sale of her residence, and on February 24, 2020, Plaintiff filed her motion for preliminary injunction supported by Donham's decl...
2020.07.30 Demurrer 268
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.30
Excerpt: ...tion of California Unfair Competition law; (4) breach of contract; (5) negligent misrepresentation; (6) elder abuse; and (7) breach of fiduciary duty. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/30/20 ‐ 17 ‐ Defendant demurs to all but Plaintiff's first cause of action pursuant to Code of Civil Procedure § 430.10(e). For the following reasons, the Demurrer is sustained, with leave to amend. Any amended co...
2020.07.23 Motion to Strike Punitive Damages 392
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.23
Excerpt: ...more than $5,000….” 2. Paragraph 15 page 4, lines 25‐27, “Defendants' [sic] conduct in breaching Section 1942.5 has been fraudulent, malicious, and oppressive….” 3. Plaintiffs' prayer for relief, page 5, line 4, “Punitive Damages pursuant to Civil Code Sections 1942.4 and 1942.5” Defendants move to strike the allegations regarding punitive damages on the ground the conclusory and vague allegations in the FAC are insufficient to su...
2020.07.23 Motion to Quash Service of Summons 458
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.23
Excerpt: ...UPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/23/20 ‐ 18 ‐ The parties' unopposed requests for judicial notice are granted. The District's request for monetary sanctions is denied. The basis for this ruling is as follows. A. The Failure To Seek An Order For Publication. A‐1. Petitioner's Failure Violated The Statutory Scheme. The Court agrees with the District's argument that PG&E was required to seek an order for publi...
2020.07.23 Motion Re Satisfaction of Judgment, for Restitution 088
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.23
Excerpt: ...d previously and as recited by the Court of Appeal in Case No. A153576 in the First Appellate District, are that plaintiffs and defendants entered into an agreement in December 2015 for defendants to pay off a May 2012 Stipulated Judgment of $1.155 million in installment payments from December 5, 2015 to January 4, 2018, for a total CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/23/20 ‐ 22 ‐ reduced sum of $1...
2020.07.23 Motion for Summary Judgment, Adjudication 443
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.23
Excerpt: ...side from a footnote in the reply. Since Mapp did not address the promissory estoppel claim in his moving papers or offer any legal authorities in support of his position that there can be no claim for promissory estoppel against him, the motion for summary judgment is denied. Insurance Agent Liability Technically, Mapp's motion arguing that he cannot be liable as an agent of AAA was for summary judgment, not adjudication. However, both sides add...
2020.07.23 Application for Right to Attach Order 953
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.23
Excerpt: ..., LLC in the amount of $422,157. The amount is the sum of unpaid rent ($35,317) and late fees ($39,229), damages for water damage to the Premises ($2,800), damage to the telecommunication system ($1,000), stolen furniture ($10,000), attorneys' fees to date ($233,811), and estimated attorneys' fees and costs through trial ($100,000). For the following reasons, the application is denied. Request for Judicial Notice Both parties' unopposed Requests ...
2020.07.16 Demurrer 173
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.16
Excerpt: ...Global” or “Petitioner”). The Petition names 1827 H. Place, Inc. as a respondent as the real property in interest which filed a claim to the proceeds that was paid by Respondents. That party has not made an appearance in the action to date. For the reasons stated, the demurrer is sustained, without leave to amend. The Material Allegations of the First Amended Petition Global alleges it has a claim to excess proceeds of a tax sale of real pr...
2020.07.16 Motion for Preliminary Injunction 043
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.16
Excerpt: ...hreaten to cause irreparable injuries, ones that cannot be adequately compensated in damages”]. See also, Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, 1471 [discussing “irreparable injury”].) If, as plaintiff contends, defendant Mehrzad Azari has caused Pine Hollow Enterprises to pay excessive attorney fees, this is an injury that can be adequately compensated by an award of monetary dam...
2020.07.16 Motion for Summary Judgment, Adjudication 618
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.16
Excerpt: ...of Mount Diablo, went wrong. Defendant Contra Costa Community College District, a public entity, owns, operates, maintain, and control Diablo Valley College. Prior to the incident the District organized regular events called “Club Day” at the DVC campus. Club Day is a recurring school‐sponsored event where different school clubs and other groups set up booths to give students information about the various organizations and opportunities. De...
2020.07.16 Demurrer 953
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.16
Excerpt: ...�SACC”) filed by Alamo Group, LLC (“Cross‐Complainant” or “Alamo Group”). The SACC alleges causes of action for (1) rescission; (2) negligent misrepresentation; (3) professional negligence; and (4) equitable indemnity. The Hites demurrer to the first and second causes of action pursuant to CCP § 430.10(e). For the following reasons, the Demurrer is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DAT...
2020.07.09 Motion for Summary Judgment 313
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.09
Excerpt: ...Fact Nos. 8, 9, 11, 12, 13; see also Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203, 1210, 1212‐ 1213; CCP § 437c (e).) Background This case arises out of an accident that occurred on February 27, 2016, when plaintiff slipped and fell at the Walmart store on Loveridge Road in Pittsburg, California, allegedly due to liquid on the floor. The incident was captured on surveillance video. The video establishes that the incident occurred about 3...
2020.07.09 Demurrer 374
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.09
Excerpt: ... shall be served and filed on or before July 23, 2020. Background Defendant and cross‐ complainant Venturi rented premises from plaintiff and crossdefendant Smok ‘N Bones for the operation of a tap house, LaMorinda Taphouse, LLC. The Second Amended Cross‐Complaint (“SACC”) alleges the two parties used the same realtor, Wiener, for negotiation of the lease. Venturi and LaMorinda were unable to open the new business as soon as they wanted...
2020.07.02 Motion to Strike, Demurrer 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.02
Excerpt: ...tter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) The Court rules as follows: As to the Texas Penal Code, the Court has no jurisdiction to provide remedies under Texas law. Motion to strike is granted without leave to amend. As to Article 1, Se...
2020.07.02 Motion for Summary Judgment 148
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.02
Excerpt: ...e Lease term was five years with an option to renew, provided Plaintiff gave written notice no later than 90 days before expiration of the lease. Plaintiff did not exercise the option in writing. Plaintiff alleges the parties came to an oral agreement to extend the lease in 2014 to 2021. The Lease also contained a right of first refusal provision, allowing Plaintiff the right to purchase the property if the Wongs ever sought to sell it. On or abo...
2020.07.02 Demurrer 053
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.02
Excerpt: ...ate it owned in San Francisco. The Accountants (for present purposes, the distinction between the accounting firm and David Bott, the individual accountant, is immaterial) demur to the complaint, contending that the professional negligence cause of action is time‐barred. Relevant Standards and Authority The Court must accept all the factual allegations of the complaint as true for purposes of ruling on the demurrer. (Blank v. Kirwan (1985) 39 C...
2020.07.01 Motion for Judgment on the Pleadings 398
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.01
Excerpt: ...ntinues to believe this motion is not proper procedurally in important respects. Background This is an interpleader action filed by a life insurance company after a dispute between three claimants to the proceeds of the policy could not be resolved. The claimants are the decedent's wife (Scott), mother (Beasley), and brother (Mims). The decedent acquired the policy in 2000 through his employment with BART, named Beasley and Mims as beneficiaries ...
2020.06.25 Demurrer 293
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...PARTMENT: 33 HEARING DATE: 06/25/20 ‐ 12 ‐ The Court signed the order appointing a guardian ad litem for Mateus Moniz on June 24, 2020. Since a guardian ad litem has now been appointed, the Court will proceed to the merits of this demurrer. Julia demurs to causes of action two and five. Mateus demurs to causes of action three and four. Plaintiff correctly argues that the demurrer did not identify the statutory basis for the demurrer. However,...
2020.06.25 Demurrer 238
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...hurch, hereinafter “LOPC”) and co‐worker, David Englebrekston: (1) Slander Per Se, (2) Libel Per Se, and (3) Trade Libel. He alleges that Mr. Englebrekston told “LOPC management” that plaintiff was "abusive" toward janitorial staff working on the church premises. (Complaint, ¶¶14‐16.) Having first met and conferred with plaintiff pursuant to Code of Civil Procedure § 430.41, defendants demur to the complaint. They argue that, pursu...
2020.06.25 Demurrer 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...Defendants are referred to collectively as the “Brookfield Defendants” for purposes of this ruling), Joe Guerra, and Josh Roden (Guerra and Roden referred to as the “Individual Defendants”; the California Corporate Defendants and Individual Defendants referred to as the “Defendants” for purposes of this ruling). For the reasons set forth, the Court rules as follows: (a) demurrer to second cause of action for fraud – sustained, with ...
2020.06.25 Motion for Summary Judgment 528
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ... Plaintiff failed to underline or highlight the relevant portions of the deposition transcripts. Not only is this required by California Rules of Court, Rule 3.1116(c), but the Court finds compliance with this rule helpful when reviewing deposition transcripts. Breach of Contract, Specific Performance, Covenant of Good Faith and Fair Dealing In 2016, Plaintiff and Defendant Rose Family Properties entered into a lease (“the Agreement”). The Ag...
2020.06.25 Motion to Strike 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...opment Corporation (“Plaintiff” or “Novin Corp”). For the reasons set forth, the motion to strike paragraph 5 of the prayer is granted in part, and the motion to strike paragraph CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/25/20 ‐ 25 ‐ 6 of the prayer is granted, with leave to amend based on this ruling and the Court's concurrent ruling on Defendants' demurrers. Defendants' motion to strike was fil...
2020.06.18 Motion to Strike 493
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.18
Excerpt: ...iberately became intoxicated, and then proceeded to operate a motor vehicle at high speed and in a reckless manner on West Leland Road in Pittsburg California. As a direct and proximate result of Defendant's voluntary and willful intoxication, she caused her motor vehicle to collide with an automobile operated by Ruby Houston and occupied by her granddaughter, Akilah Houston, a minor.” Complaint at Ex‐2. Analysis California Civil Code section...
2020.06.18 Motion for Terminating or Evidentiary Sanctions 774
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.18
Excerpt: ...rt made an oral order at a hearing on defendants' motion for terminating sanctions that plaintiff submit to: (1) panograph x‐rays; (2) full mouth x‐rays; and (3) full mouth photograph. The court signed its written order to that effect on January 8, 2020. The written Order also states that plaintiff shall make the appointment for the x‐rays within two weeks of the court's signing the order. (See Ex. A to Yu Decl. filed 2/13/20.) Defendant's ...
2020.06.18 Motion for Summary Judgment, Adjudication 943
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.18
Excerpt: ...ender its $300,000 policy limits to resolve the claim. It declined to do so. But later it paid $5 million to settle a subsequent breach of contract and bad faith lawsuit that the injured plaintiff, Lewis, brought after receiving an Assignment of Rights from Smith. FPIC then brought this action against its attorneys. Defendants now move for summary judgment, arguing that FPIC cannot establish causation, damages, or duty. This is a close case, with...
2020.06.18 Motion for Prejudgment of Possession 428
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.18
Excerpt: ...d its tentative ruling on the merits of the motion should the Bypass Authority convince the Court that service was proper. Service on All Defendants The State Route 4 Bypass Authority seeks to condemn certain property located in Brentwood using eminent domain. (Comp. ¶¶1‐4.) The Bypass Authority listed various defendants in its complaint that it alleges are “persons who appear of record or are known by Plaintiff to have or claim an interest...
2020.06.18 Demurrer 228
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.18
Excerpt: ...his wholly owned company, Kenzie Consulting, Inc. (“plaintiffs”) filed this action in June 2019 against defendants Hart Pearson Cunningham and his wholly owned companies, Lender Scout Corporation (“Lender Scout”), Alansis.Com, Inc. (“Alansis”), and Speak With A Geek, Inc. (“SWAG”). (Collectively referred to herein as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/18/20 ‐ 20 ‐ “defendants”)...
2020.06.17 Motion for Summary Judgment, Adjudication 384
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.17
Excerpt: ...ng Requirement. Defendants must support a motion for summary judgment with competent evidence in order to shift to the plaintiff the burden of coming forward with opposition evidence. (See generally, Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐855; Canifax v. Hercules Powder Co. (1965) 237 Cal.App.2d 44, 50.) In other words, if the defendants' showing would not support a judgment, it does not shift the burden of coming forward ...
2020.06.11 Motion to Set Aside Final Statement and Decision 218
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.11
Excerpt: ...ties referred their dispute to a referee, retired Superior Court Judge Bonnie Sabraw. After a trial, Judge Sabraw ruled against West One and awarded attorney's fees to CMG. West One now moves to Set Aside Judge Sabraw's Final Statement of Decision. For the reasons stated below, the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/11/20 ‐ 2 ‐ Facts CMG and West One executed a “Correspondent L...
2020.06.11 Motion to Quash Service of Complaint 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.11
Excerpt: ...t jurisdictional discovery and for the parties to file supplemental papers to address the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/11/20 ‐ 17 ‐ Court's ability to exercise personal jurisdiction over Brookfield Residential Properties, Inc. Plaintiff shall file a supplemental brief and any supplemental evidence in support of its opposition at least nine (9) Court days prior to the continued hearing, and s...
2020.06.11 Motion for Summary Adjudication or Judgment on the Pleadings 318
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.11
Excerpt: ...201(a)(1). Plaintiff's attorneys are ordered to provide the court clerk in D33 with two redacted copy of exhibit 6 that remove the social security number on or before June 25, 2020. A cover letter should be included to ensure these documents are delivered to D33. Defendants' exhibits A and B contain the social security number of the Plaintiff. The last two pages in exhibit F also contain the social security number of the Plaintiff. These are also...
2020.06.04 Demurrer 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.04
Excerpt: ...“PHH”) (collectively, “Defendants”). The CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/04/20 ‐ 10 ‐ Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Saviour Azzopardi (“Plaintiff” or “Azzopardi”). The FAC alleges cause of action for (1) wrongful foreclosure; (2) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendants d...
2020.06.04 Motion to Vacate Void Judgment and Set Aside Default 784
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.04
Excerpt: ...edge or consent of Plaintiff, purchased two more motorcycles and equipment, by forging Plaintiff's name for the approval of the loans from Suzuki Finance. Defendant defaulted on the loans. Collection agencies demanded payment from Plaintiff. Plaintiff filed this action for Fraud and Misrepresentation, Breach of Contract, Negligence, and Indemnity. Defendant failed to file an answer and Plaintiff's request for entry of default was granted. Upon Pl...
2020.03.12 Petition to Compel Arbitration 113
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.03.12
Excerpt: ...collectively, “Plaintiffs”)'s claims for (1) elder abuse, (2) violation of resident's rights, and (3) wrongful death. Plaintiffs oppose the motion. For the reasons discussed further below, the motion is denied. Burden of Proof on Motion to Compel Arbitration Code of Civil Procedure (“CCP”) § 1281.2 creates a summary proceeding for resolving petitions to compel arbitration. “A petition to compel arbitration ‘is in essence a suit in eq...
2020.03.12 Motion to Strike Settlement Agreement 943
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.03.12
Excerpt: ...ment, since they cannot perform the future services described in the settlement and they have not filed a motion to enforce the settlement under Code of Civil Procedure § 664.6. 2. Whether Phillips' acceptance of the settlement check after filing the motion means he intends to affirm the settlement, rather than seeking to vacate it; 3. If Phillips still intends to try to vacate or rescind the settlement, whether he has returned the settlement pa...
2020.02.27 Motion to Consolidate Cases 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.27
Excerpt: ...taneously pending, the trial court in which the unlimited action is pending [1] may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or [2] it may consolidate the actions. (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385 [Bracketed numbers added].) While Martin‐Bragg and other cases mention consolidation as a theoretical possibility, plaintiff has failed to cite the Court to a decision wher...
2020.02.27 Motion for Reconsideration of Prior Order 048
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.27
Excerpt: ...) § 1008 on the grounds that had it known the Court would grant the motion it would have argued that Defendant's performance was a condition concurrent rather than a condition precedent (as it argued at the hearing). Code of Civil Procedure § 1008(a) provides that a party affected by a prior court order may, “based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconside...
2020.02.27 Motion for Preliminary Injunction 078
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.27
Excerpt: ...ntiff has shown the threat of irreparable harm, in the form of the loss of a unique parcel of real property. The Factual Merits. The evidence is in conflict. The Court does find it somewhat odd that plaintiff had in his possession a full written agreement for the repayment of arrearages, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/27/20 ‐ 7 ‐ if the agreement was just a working draft that had not been appr...
2020.02.20 Motion to Vacate Entry of Judgment 963
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.20
Excerpt: ...s dispute over the charges with the Illinois‐based merchant, plaintiff The Parts Place, Inc. Plaintiff obtained a judgment in California for $10,418.39 based on the Illinois sister‐state judgment. Defendants now move to vacate that judgment, arguing that Illinois lacked personal jurisdiction over them, they were not properly served, and, their motions are timely. For the reasons stated below, each defendant's motion is granted. Factual backgr...
2020.02.20 Motion for Summary Judgment, Adjudication 101
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.20
Excerpt: ...ows. A. The Pleading Of Plaintiffs' Complaint. A motion for summary adjudication “necessarily includes a test of the sufficiency of the complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117‐18.) In this context, the courts consider the motion under the same standards applicable to a motion for judgment on the pleadings. (Id.) B. The First And Second Causes of Action. The First and Second Causes of Action a...
2020.02.20 Motion for Summary Judgment 693
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.20
Excerpt: ...uise Wilkins (the Brown plaintiffs). Both complaints allege injuries to the plaintiffs resulting from a fence owned and maintained by Caltrans. Code of Civil Procedure section 437c(c) provides, in relevant part: “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Based on the papers sub...
2020.02.20 Demurrer 623
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.20
Excerpt: ...Theatre in Antioch. Over time, the business grew and changed into a real estate ownership, management and development company. George Stamm (“George I”) left the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/20/20 ‐ 18 ‐ business to his children, George II and Mary Ann Balocco. This created two factions of owners, Plaintiffs (Stamm Family) and Defendants (Balocco Family.) On February 17, 2017, the Stamm ...
2020.02.20 Demurrer 468
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.20
Excerpt: ...Buck, an employee of the County's Regional Medical Center, failed to tell her during an emergency room encounter on February 7, 2018, that she had a serious heart condition that required hospitalization and/or a cardiac consultation. Further, plaintiffs, who are the husband and minor son of Sarah, claimed they did not have sufficient knowledge or suspicion for the statute of limitations to start to run until August 27, 2018. Plaintiffs then prese...
2020.02.06 Motion for Summary Adjudication 348
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.06
Excerpt: ...nnot be completed while the unit is occupied, if the landlord has obtained all necessary permits prior to giving the tenants notice to vacate and thereafter makes the repairs without unnecessary delay. Plaintiffs fail to allege facts implicating § 8.22.260(a)(10). They did not vacate their apartment as a result of a notice to vacate after Defendants had obtained permits to make repairs. Rather, they vacated their apartment as a result of a fire....
2020.02.06 Motion for Judgment on the Pleadings 228
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.06
Excerpt: ...es of action against Kingsmead (1) to set aside trustee's sale, (2) cancellation of instrument, (3) wrongful foreclosure, (4) breach of contract, and (5) declaratory relief. Plaintiffs have both opposed the instant motion and filed a declaration with a proposed First Amended Complaint. For the following reasons, the Court grants the MJOP, with leave to amend. The Court does not consider new legal theories advanced in the FAC on the present motion...
2020.02.06 Demurrer 173
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.06
Excerpt: ...Petitioner”). The Petition names 1827 H. Place, Inc. as a respondent as the real property in interest which filed a claim to the proceeds that was paid by Respondents. That party has not made an appearance in the action to date. For the reasons stated, the demurrer is SUSTAINED, with leave to amend. Summary of Material Allegations of the Petition Global alleges it has a claim to excess proceeds of a tax sale of real property located in Contra C...

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