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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 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...
2020.01.30 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...
2020.01.23 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 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...
2020.01.16 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...
2020.01.09 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 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...
2019.9.26 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 Demurrer 203
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.26
Excerpt: ...im into settling this matter. The Kliments now bring a demurrer to Ahmmed's complaint. The Court grants the various requests for judicial notice. Breach of Written Contract This cause of action fails. The complaint fails to allege or attach a written contract between the Kliments and Ahmmed to mediate at no cost to Ahmmed. Of course, the existence of a written contract is a prerequisite to maintaining a cause of action for breach of written contr...
2019.9.19 Motion to Compel Arbitration and Stay Proceedings 813
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.19
Excerpt: ... apparently on three grounds. First, it says the MSA designates only an “arbitral seat,” which does not require that the arbitration physically take place in Houston, but rather only that Houston is the “jurisdiction where the arbitration takes place legally.” (Opp. 4:17‐18.) Second, Harder contends that the arbitration clause is unenforceable because it forces Harder to waive prompt payment penalties. (Opp. 8:11‐12.) Third, Harder ar...
2019.9.19 Motion for Summary Judgment 234
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.19
Excerpt: ...tement of Undisputed Material Facts “SUMF” 1‐3.) Mrs. Pascua's widower brought this suit for wrongful death against the driver of the vehicle, Manuel Carillo (“Mr. Carillo” or “the Driver”), the County of Contra Costa, and the City. Plaintiff has dismissed the case against Contra Costa County and settled with the Driver. The final remaining defendant, the City, now moves for summary judgment. The causes of action against the City ar...
2019.9.19 Motion for Summary Judgment 128
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.19
Excerpt: ...nd (5) FEHA failure to hire. Defendants ask for summary judgment or summary adjudication of each of Plaintiff's five causes of action. Exhaustion of Administrative Remedies As to all claims, Defendants argue that Plaintiff did not exhaust his administrative remedies as to Defendant Purlyah, Inc. because while Plaintiff received a right to sue letter from DFEH, it named the defendant company as Diablo Valley Bowl instead of Purlyah, Inc. Diablo Va...
2019.9.19 Motion for Stay of Related Unlawful Detainer Case 228
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.19
Excerpt: ...text each side's interests must be “balanced”); see also, id., at 393 (“trial courts have available options to address plaintiffs' legitimate rights and need for protection from unjustified delay of the unlawful detainer proceeding”). The Asuncion court observed that deciding whether to stay an unlawful detainer action requires a preliminary injunction analysis. See, Asuncion v. Superior Court of San Diego County (1980) 108 Cal.App.3d 141...
2019.9.19 Demurrer 624
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.19
Excerpt: ...because of a nearby tree root. Plaintiff's complaint is on a Judicial Council Form. She alleges two causes of action: (1) “general negligence”; and (2) “premises liability.” The general negligence cause of action is directed against the City of Brentwood. It alleges the City failed to properly maintain the lamp in a nearby streetlight. The light was out, making it difficult for her to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPAR...
2019.9.12 Motion for Summary Judgment 957
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.12
Excerpt: ...gence and breach of contract. This case arises out of an October 2015 fire that occurred in the stove at an apartment owned by Defendants and leased by Plaintiffs. Legal Standard CCP sections 437c(o) and 437c(p)(2) supply the standard for deciding the MSJ. Section 437c(o) says: A cause of action has no merit if either of the following exists: (1) One or more elements of the cause of action cannot be separately established, even if that element is...
2019.9.12 Motion for Summary Judgment, Adjudication 278
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.12
Excerpt: ...d Fifth Causes of Action. Background This case concerns the shooting death of Mitchell Hardy, Jr. on July 14, 2015 at an apartment complex in Richmond known as the Monterey Pines Apartments and the obligations of indemnity and defense as between the property owner and manager, on the one hand, and the security company they hired, on the other. The property owner is Eastshore Manor I (“EMI”). The property manager is Evans Property Management, ...
2019.9.12 Motion for Leave to File Amended Complaint, to Expunge Lis Pendens 423
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.9.12
Excerpt: ... to BNYM and the recording of the trustee's deed upon sale on August 1, 2018. The trustee's sale of the subject property took place more than a year after the filing of the First Amended Complaint on June 23, 2017. Plaintiff also seeks to add a cause of action for Cancellation of Instruments. Plaintiff seeks a judgment cancelling the August 1, 2018 trustee's deed upon sale that conveyed the property to BNYM and the deed of trust upon which the tr...
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 ...
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...
2019.8.29 Demurrer 744
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.29
Excerpt: ...Defendants Miao Lan Lana Yu, Harmony Beauty Med Spa and Harmony Beauty Spa through their authorized real estate brokers, Defendants Mardel Realty and Loans, Inc. and Doris De Leon made an offer to purchase real property, owned by the Sonja Colbert Living Trust, located at 1006 Regatta Point in Hercules. Plaintiffs allege the offer was accepted and consideration in the form of $10,000 was exchanged, binding the agreement. Defendants allegedly brea...
2019.8.29 Demurrer 658
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.29
Excerpt: ... Defendants demurred to the First Amended Complaint as to Plaintiff Veronica Salcedo. Defendants did not demur to the claims brought by the minors, Gisele and Isabel Salcedo. The demurrer is based on a statute of limitations argument. Code of Civil Procedure section 335.1 states that there is a two year statute of limitations for actions for “injury to… an individual caused by the wrongful act or neglect of another.” The accident happened o...
2019.8.22 Demurrer 438
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.22
Excerpt: ...uld be futile or impossible to cure a pleading defect by amendment, the court should sustain the demurrer without leave to amend. (See Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) It is the plaintiff's burden to show how the complaint can be amended to state a cause of action. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) The First Cause of Action. The first cause of action is for breach of fiduciary duty. Successful pleading...
2019.8.22 Motion for Judgment on the Pleadings 148
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.22
Excerpt: ...r. Defendants/Cross‐Complainants Tony Wong and Yvonne's Motion for Judgment on the Pleadings as to Plaintiff's First Amended Complaint is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/22/19 ‐ 4 ‐ Background Defendants/Cross‐Complainants Tony and Yvonne Wong own commercial real property at 134 East 10th Street in Pittsburg. Cross‐Defendants Badr Sanae Azze and Naser Sanae Azze currently occupy t...
2019.8.22 Demurrer 574
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.22
Excerpt: ...ny further amended complaint on or before September 26, 2019. Plaintiff shall comply strictly with the conditions on leave to amend set forth at the end of this ruling. The basis for this ruling is as follows. A. The First Cause of Action. The First Cause of Action is for negligent misrepresentation. Defendant Bank's demurrer is sustained on four grounds. First, as pleaded, this cause of action is barred by the applicable three‐year statute of ...
2019.8.15 Demurrer 418
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.15
Excerpt: ...sonal injury case. A truck driven by defendant Joel Mangiaracina was stopped on a railroad track owned by BNSF Railway Company in Contra Costa County. A train struck the truck, flinging it into the air. It returned to earth in a nearby waterway, the Middle River, landing on plaintiff MacKenzie Crane, who was on a raft. Contra Costa County files the instant demurrer, arguing it has no liability in this case because of a ruling in a related federal...
2019.8.15 Motion for Leave to File Amended Complaint 746
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.15
Excerpt: ... complaint on April 25, 2017, alleging that she fell at the Safeway in Lafayette, California on June 25, 2015 due to some form of liquid that another Safeway customer had dropped on the floor near the check stand and suffered a traumatic brain injury. Unknown Safeway employees then helped her to her feet, but did so negligently, causing her to suffer a syncope episode, a second fall, and further injuries. Plaintiff consistently provided this vers...
2019.8.15 Motion for Summary Judgment, Adjudication 543
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.15
Excerpt: ...he Paul H. Stavig Family Revocable 1976 Trust, fka The Paul and Lorraine Stavig Revocable Living Trust, dated February 11, 1976 (“Plaintiff” or “Andrade”). The FAC pleads causes of action against CareTrust Senior Management for (5) Fraudulent Transfer – Actual Fraudulent Intent (CC § 3439.04(a)(1)); (8) Fraudulent, Unlawful & Unfair Business Practices (Cal. Bus. & Prof. Code § 17200); (9) conspiracy; (10) constructive trust; and (11) ...
2019.8.15 Petition to Compel Appraisal 084
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.15
Excerpt: ...Plaintiff opposes these requests, arguing that defendant has waived its right to an appraisal and that the questions remaining after two years of litigation mainly involve contract interpretation rather than the amount of the property and business income losses. Analysis The statutorily mandated fire insurance policy gives both insurer and insured the right to an appraisal if they cannot agree “as to the actual cash value or the amount of loss....
2019.8.8 Motion to Enforce Settlement Agreement 138
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.8
Excerpt: ...the terms of the settlement agreement on the record before the Court. (See, Reporter's Transcript attached as Ex. A to Isola Decl. and Ex. A to Hooshmand Decl.) The parties agreed that the settlement could be enforced pursuant to Code of Civil Procedure section 664.6. (Reporter's Transcript at 8:2‐4.) The terms stated on the record were that (1) the Mahoneys would pay Hooshmand $40,000 within 30 days after a settlement agreement is executed, (2...
2019.8.8 Demurrer 263
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.8
Excerpt: ...leave to amend. Request for Judicial Notice Defendant's unopposed Requests for Judicial Notice are granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420. A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th ...
2019.8.8 Motion for Summary Adjudication 208
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.8
Excerpt: ... language in the Contract providing for indemnity to the fullest extent permitted by law for all losses. (Undisputed Material Fact No. 20, 28, 29; DBI”s Additional Fact Nos. 5 and 6.) Background This is a construction defect case. It involves alleged defects at a subdivision called CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/08/19 ‐ 4 ‐ Brighton Station. The original builder was Western Pacific Housing, ...
2019.8.8 Motion to Vacate Default and Judgment 083
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.8
Excerpt: ...posed answer was indeed attached to another document in the Court's file. Defendant's motion appears to be procedurally compliant with CCP § 473(b). As to the merits, Defendant Jeffrey Rose Melenudo motion brings this timely motion, pursuant to CCP § 473(b), to set aside the default and default judgment entered on March 20, 2019. Melenudo moves to set the default and any judgment taken against him on the ground CONTRA COSTA SUPERIOR COURT MARTI...
2019.8.8 OSC Re Preliminary Injunction 963
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.8.8
Excerpt: ...description of the subject real property is set forth in the Order to Show Cause, filed on July 18, 2019. This relief is conditioned on the posting an undertaking in the sum of $ 7,500, on or before August 23, 2019. The basis for this ruling is as follows. A. Preliminary Matters. The parties' requests for judicial notice are granted. Plaintiffs are directed to properly tab their exhibits in all future filings; the exhibits to the request for judi...
2019.7.25 Petition to Confirm Attorney-Client Fee Arbitration Award 034
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.7.25
Excerpt: ... Price emailed a letter to Torru's attorney confirming her “intent to reject [the arbitrator's] decision pursuant to Business & Professions Code section 6204.” (Price Decl. Ex. H.) Price filed a lawsuit against (MSL19‐02514) on April 25, 2019. (RJN 1.) Price later filed additional documents that clearly specified that she rejected the arbitrator's award, however, those were filed more than 30 days after the arbitrator's award was served. La...
2019.7.25 Motion to Dismiss 527
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.7.25
Excerpt: ...as (who has also filed her own reply in support of the motion). Request for Judicial Notice Omni requests judicial notice of several documents in its moving papers and on reply. The Requests are not opposed. The Requests are granted. (Evid. Code §§ 452, 453.) Brief Procedural History Plaintiff initially filed a Motion to Enforce the Dissolution Judgment against Juras in the family law division of the Contra Costa County Superior Court on Septem...

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