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2024.06.13 Motion for Summary Judgment 352
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.13
Excerpt: ...that he has no viable case against at least this defendant. If so, the professionally appropriate response would have been to agree to dismiss as against this defendant. The Court suggests that going forward, plaintiff's counsel should exercise an appropriate selectivity in judging which defendants he has an arguable claim against, and which he doesn't. Factual Background On May 23, 2021, Plaintiff Ethan Lynch was involved in a dirt bike accident...
2024.06.13 Motion for Judgment on the Pleadings 503
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.13
Excerpt: ... The Court not es that both sides' briefs have reversed the numbering of the two counts at issue, referring to the § 98.6 count as count 6 and the § 1102.5 count as count 7. The Court will follow the numbering in the FAC. The MJOP is granted without leave to amend as to the sixth cause of action. It is denied as to the seventh cause of action. The motion to strike is denied. Legal Standard A defendant may move for judgment on the pleadings on t...
2024.06.13 Demurrer to FAC 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.13
Excerpt: ...ersonal injury and professional negligence related to medical care she received from Dr. Cominos at the Contra Costa Regional Medical Center and Health Clinics (sued herein as Contra Costa Health). She is also suing Anna Roth who is the Chief Executive Officer of Con tra Costa Health. Plaintiff received medical care from Dr. Cominos and Contra Costa Health in 2021. She continued to experience pain, but she alleges that was unable to receive appro...
2024.06.06 Motion to Enforce Settlement Agreement 233
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
Excerpt: ...12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 06/06/2024 15 See Line 1 for a schedule and comments as to how to proceed from here. Factual and Procedural Background BIT filed this lawsuit against Spalasso, seeking collection on what were alleged to be two loans made to him. The details of the parties' claims and defenses on the underlying lawsuit are not material to this motion. The case was set for trial on August 14, 2023. On July 28, 20...
2024.06.06 Motion to Compel Arbitration and Stay Action 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
Excerpt: ...cerning the status of arbitration. 1. Background Plaintiff obtained a high interest car title loan from Simple Cash Loans, Inc. on November 29, 2018. (Shafir Decl., Ex. A; see also First Amended Complaint ¶14.) After he made payments through December 2020, plainti ff defaulted on the loan and Simple Cash Loans attempted repossess his SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT H...
2024.06.06 Motion to Compel Arbitration 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
Excerpt: ...AGA cla ims. The FAA applies to the arbitration agreement. (Arbitration Agreement ¶15.) Under current law, Plaintiff would be required to arbitrate her individual PAGA claim. (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639, 661.) However, when the parti es entered into the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/06/2024 10 arbitration agreement Vik...
2024.06.06 Motion for Right to Attach Order, Writ of Attachment, TPO 873
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
Excerpt: ...s of d efendant Signature Painting and Construction, Inc., but only as to the amount of $407,000, plus interest accruing up to the date of the writ of attachment. Attachment is denied as to defendants Brandon Morford and BOME Holdings, Inc. As a condition of attachment, Mitchell must post a bond in the amount of $10,000. Background and the Pleadings This case arises from the buyout of plaintiff Mitchell's majority ownership in SPC, a painting con...
2024.05.30 Motion to Stay Pending Appeal 062
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...the motion is denied. Background Plaintiff Marcus Mitchell was employed by defendant San Pablo Healthcare and Wellness Center, Inc. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 12 His complaint alleges a single cause of action under the California Private Attorneys General Act, Labor Code §§ 2698 et seq. (PAGA) for various wage and hour and other Labor Co...
2024.05.30 Motion to Compel Arbitration 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ey- Davidson motorcycle from defendant McGuire Powersports, LLC (McGuire or defendant) pursuant to a Retail Sales Installment Contract (RISC) dated April 27, 2022. (Declaration of David MacDonald, ¶ 3 and RISC, 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE Z, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 2 Exh. A.) Plaintiff filed an amendment to the complaint naming McGuire on January 30, 2023. (See ...
2024.05.30 Motion for Reconsideration or to Deny Motion for Summary Judgment 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ration M otion Defendants' prior summary judgment motion rested on four distinct arguments: 1. Plaintiff's present lawsuit is barred because of its failure to comply with the procedural requirements of Code of Civil Procedure § 474 as to naming Doe defendants. 2. P laintiff's present lawsuit is barred by judicial estoppel, arising from its inconsistent statements in the prior lawsuit as to whether it knew or didn't know the identity of the Doe d...
2024.05.30 Motion for Approval of PAGA Settlement 441
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: .... Plaintiff was employed by defendant during the relevant time period as a per sonal attendant. Plaintiff also moves for approval of her attorney's fees, litigation costs, administration costs, and representative payment. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pa...
2024.05.23 Demurrer 091
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...h caus e of action for abuse of process is sustained without leave to amend. Tyma's demurrer to the fifth cause of action for injunctive relief is sustained with leave to amend as set forth below. If Be Kind contests this tentative ruling to seek leave to amend the third and fourth causes of action, it should come to the hearing with a specific proposal as to how it intends to amend the complaint and argument as to how the amendment will salvag...
2024.05.23 Motion for Preliminary Injunction 262
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...cedure § 5 29(a); and (b) Plaintiffs filing amended proofs of service demonstrating service of the summons, complaint, and motion pleadings on defendants Town SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TRE AT HEARING DATE: 05/23/2024 14 of Moraga and Z -Golf Food and Beverage Services, LLC dba Wedgewood Weddings as set forth below. Specifically, the Court grants a preliminary injunc...
2024.05.23 Demurrer 977
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...ief, the cas e arose out of allegations that plaintiff was stabbed on the premises of a restaurant in Pacheco. Counsel filing the complaint on Fernandez's behalf was Robert Rodriguez. However, Rodriguez was suspended from the practice of law on April 30, 2021, and he was disbarred on September 23, 2022. The parties have not identified the grounds for the suspension and disbarment, but there is no contention that they arose from any conduct dire...
2024.05.23 Motion to Compel Arbitration 918
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ... December 2 020 through July 2023. (Declaration of Melissa Harborne 1/29/24 (“First Harborne Decl.”) ¶ 3.) Plaintiff Donna Prevost worked for CMG as an hourly, non -exempt funder from approximately 2016 through 2023, and was also based in San Ramon, California. (First Harbourne Decl. ¶ 4.) On November 15, 2023, Plaintiffs filed a class action complaint against Defendant alleging that Defendant engaged in a pattern and practice of wage abus...
2024.05.16 Motion for Summary Judgment 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ted. Judici al Notice Defendant requests judicial notice of four exhibits. Judicial notice is granted as to Exhibits 3 and 4, which are a filing and a transcript from plaintiff's family -law case in Monterey Superior Court. (See, e.g., Cuenca v. Safeway San Francisco E mps. Fed. Credit Union (1986) 180 Cal.App.3d 985, 997; People v. Smith (1989) 215 Cal.App.3d 19, 25.) Notice is denied as unnecessary as to exhibits 1 and 2, which are the Court's...
2024.05.16 Motion for Summary Adjudication 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ur and PAGA claims against Chevron U.S.A. Inc., Contra Costa Electric, Inc., Nooter Construction Company, and Nooter Corporation. Plaintiff moves for summary adjudication of the following affirmative defenses asserted in CCE's Amended Answer: Twenty- Eighth (Bar and Release), Twenty -Ninth (Collateral Estoppel and/or Res Judicata), and Thirtieth Affirmative Defenses (Double Recovery). Each affirmative defense centers around the argument that Plai...
2024.05.16 Motion for Preliminary Injunction, OSC Re Preliminary Injunction 563
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ... Country Club Drive, Lafayette (in unincorporated County). The complaint alleges that plaintiff David Forkosh entered into a business deal with plaintiff Suraj Ethirajan and defendants Brian Adair, Perry Gong, and Diquan Gong. The purpose of the deal was to acq uire, rehabilitate, and flip the property. Forkosh was to contribute construction work (personally and through subcontractors). However, Forkosh (who had taken up residence) was evicted f...
2024.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 628
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...tes, it app ears that Staffers is in the business of providing temporary clinical personnel to cover open shifts for health care organizations. Plaintiff Valpey, a certified nursing 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 05/16/2024 assistant, worked at least two extended assignments for Staffers, in Modesto and Walnut Creek. Valpey's declaration states that ...
2024.05.16 Demurrer, Motion to Strike 212
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...f law.” (H oliday 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 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the pl...
2024.05.16 Demurrer on FAC 425
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ointed to represent the estate in civil litigation. The remaining plaintiffs are the surviving children of the decedent. The attorney who filed the original complaint and FAC has subbed out, and counsel for plaintiffs now is Tariq Mohaddidi, representing himself and the remaining plaintiffs. However, he has filed no opposition to this demurrer or motion to strike. The FAC names three defendants: Dr. McWhirter, who has answered; Dr. Kamlot, who ...
2024.05.09 Petition Re Writ of Mandate 046
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...rtment offic ers responded to a report that a vehicle had driven into a ditch. (Administrative Record (“AR”) 9.) On arrival, Officer Culberson observed petitioner's Acura SUV wedged between a fence and the street. (Ibid.) Upon making contact with petitioner, Officer Cu lberson observed objective signs of intoxication, including the odor of an alcoholic beverage, and petitioner's slurred words, and unsteady balance. (AR 9.) Petitioner expresse...
2024.05.09 Motion to Dismiss Judgment 645
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...Brentwoo d and the City Council for (1) violations of CEQA, (2) violations of the general plan, (3) due process pursuant to 42 U.S.C. § 1983, (4) injunctive relief, and (5) declaratory relief. The real party in interest is Costco Wholesale Corporation. In general, the petition raises issue of CEQA compliance as to a project that Costco proposes to develop in Brentwood. Respondents and Real Party bring this motion to dismiss Discovery Builders, a...
2024.05.09 Motion for Attorney Fees 203
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...ailing party. In stead, they expressly provided that such fees and costs could be sought by a noticed motion. This is that motion. Plaintiff's motion for attorney's fees and costs is granted, but only to a limited extent. Plaintiff is awarded attorney's fees in the amount of $10,687.50, and costs in the amount of $508.61. Background, Litigation, and Settlement Plaintiff alleged that he bought a new 2017 Chevy Silverado. Without going into (now) i...
2024.05.09 Demurrer 403
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...eaches different results as to the several demurrers filed. The demurrers by California Burrito #1, Inc. through California Burrito #12, Inc. are sustained without leave to amend, but without prejudice to plaintiffs filing the required motion for leave. The motions to strike by these defendants are denied as moot. The demurrers as to California Burrito #13, Inc., California Burrito #14, Inc., and California Burrito #15, Inc. are sustained with ...

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