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2018.5.25 Demurrer 060
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.25
Excerpt: ...ode of Civ. Proc. § 430.10(e) on several grounds. The demurrer is sustained without leave to amend as to the second cause of action. It is sustained with leave to amend as to the remaining causes of action. A Third Amended Complaint may be filed and served within 30 days after service of the Order After Hearing hereon. Request for Judicial Notice Defendant requests judicial notice of several county recorder documents as well as pleadings and ord...
2018.5.18 Demurrer, Motion to Strike 109
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ...ome detail how he proposes to amend and how that will cure the problems identified. Chevron shall file and serve its Answer to the TAC on or before June 1, 2018. Statute of Limitations A defendant may file a general demurrer to a complaint if the complaint shows on its face that it is barred by the statute of limitations. (See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232.) Chevron argues that the face of the pleadings and the matters of which the c...
2018.5.18 Demurrer 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ..., CALIFORNIA DEPARTMENT: 12 HEARING DATE: 05/18/18 ‐ 16 ‐ Defendant demurs to the Complaint pursuant to Civil Code § 430.10(e) on the following grounds: (1) Plaintiff's claims are time barred; (2) Plaintiff is not an appropriate class representative; (3) Plaintiff fails to allege a community of interest; and (4) Plaintiff fails to adequately allege facts supporting the predicate statutory violations of her 17200 claim. Defendant also demurs ...
2018.5.18 Motion for Restitution 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ...edural context. (See Beach Break Equities, LLC v. Lowell (2016) 6 Cal.App.5th 847, 852‐54.) There is an exception to the general rule when the defendant has engaged in conduct the court finds “inequitable.” However, this is a narrow exception, and the Court finds that it is not applicable here. The Textron decision is the appellate decision most closely on point. (See, Textron Financial Corp. v. National Union Fire Ins. Co. (2004) 118 Cal.A...
2018.4.27 Petition for Relief from Government Claims Act 462
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.27
Excerpt: ...Government Code § 946.6. “Section 946.6 is a remedial statute intended ‘to provide relief from technical rules that otherwise provide a trap for the unwary claimant.'” Bettencourt v. Los Rios Community College Dist. (1986) 42 Cal.3d 270, 275. Courts exercise their power to grant relief liberally, so as to preserve meritorious claims wherever possible. Any doubts are to be resolved in favor of permitting the suit to proceed. Viles v. Califo...
2018.4.27 Motion to Overrule Objections 630
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.27
Excerpt: ...nctions are awarded in favor of Ms. Sheedy. This motion comes as part – hopefully the last part – of an extraordinary set of discovery disputes in this case. These disputes occupy several volumes of the Court's case file despite the fact that nearly all of it has actually occurred before a Discovery Referee and not in court. It is to be feared that both sides' counsel have allowed this matter to become more personally rancorous than is profes...
2018.4.27 Motion to Augment Judgment, for New Trial 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.27
Excerpt: ...ment interest is an element of damages, not of costs. Hence, absent a stipulation like the one applicable to Line 3, a request for an award of prejudgment interest should be presented either before judgment is entered, or by way of a new trial motion. North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824. Even if the procedural problem is ignored (and no party has raised it), the motion is substantively unmeritorious. On a tort claim, ...
2018.4.20 Motion to Vacate Money Judgment 309
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.20
Excerpt: ...ender, rested on Rad's debt to the HOA for failure to pay HOA assessments. Spinnaker thereafter obtained the present California judgment on sister‐state judgment, pursuant to Code of Civil Procedure § 1710.25. Defendant Rad now moves to vacate the judgment pursuant to Code of Civil Procedure § 1740. The motion is granted. Venue As the last, most cursory item in his motion, Rad states that Contra Costa County is the improper venue for the judg...
2018.4.20 Motion to Dismiss Complaint 998
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.20
Excerpt: ...t last fall. Plaintiff/cross‐defendant Korb filed a demurrer to it. On December 15, 2017 the Court took that demurrer off‐calendar because Romero had responded by proposing to amend his pleading in response to what he said were “good points” made by his opponent. The Court granted Romero leave to file his First Amended Cross‐Complaint by January 15, 2018, and expressly directed the parties to meet and confer before that filing in the ho...
2018.4.20 Motion for Leave to Amend Complaint 049
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.20
Excerpt: ...� 6 ‐ motion for leave to amend the complaint to correct typographical errors and to add two causes of action—Declaratory Relief and Injunctive Relief. Motions for leave to amend the pleadings are directed to the sound discretion of the judge. “The court may …, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading…” Code of Civil Procedure § 473. Judicial policy favor...
2018.4.20 Demurrer 042
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.20
Excerpt: ...Code of Civil Procedure § 430.10(e).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 04/20/18 ‐ 9 ‐ The SAC alleges or can reasonably be construed to allege the following. The plaintiffs and the lead defendant, Gerald Knopoff, are siblings, the children of Leon Knopoff. When Leon died, the children were left $7 million in a trust. But when the trustee, Gerald Knopoff, distributed the funds, each child received ...
2018.4.13 Motion for Turnover of Undertaking 000
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...e BHGRE's present claim. Plaintiff Wells Fargo obtained a default judgment in this case against defendant Mason‐McDuffie in the amount of $54,420.68. Wells Fargo seeks to collect that judgment by levying on MasonMcDuffie's bank account at Union Bank. BHGRE, however, asserts in this motion that it has a superior right to the funds. It points out that nearly all the funds in the account come from an insurer's refund to Mason‐McDuffie of an over...
2018.4.13 Demurrer 919
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ... of several county recorder documents. This request is unopposed. The request is granted. Evid. Code §§ 452, 453. Setting Aside the Foreclosure Sale “A properly conducted nonjudicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender.” Moeller v. Lien (1994) 25 Cal.App.4th 822, 831. “As a general rule, a trustee's sale is complete upon acceptance of the final bid.” Nguyen v. Calhoun (2003) 105 Cal...
2018.4.13 Motion for Summary Judgment 332
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...rnal failure. Defendant Sears Roebuck and Co. distributed the freezer and obtained it from defendant Midea. CSAA brings causes of action against Midea for strict liability, negligence, and breach of warranty. Midea moves for summary judgment on the basis that no evidence shows that a defect in the freezer in fact caused the fire. It also seeks to dispose of the breach of warranty claim based upon a lack of privity between it and CSAA's insured, M...
2018.4.13 Petition to Compel Arbitration, Stay Proceedings 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...gh May, 2017 when her position was eliminated. She brings six claims related to her termination: 1) disability discrimination; 2) failure to accommodate a disability; 3) failure to engage in the good faith interactive process; 4) retaliation; 5) failure to pay wages due upon termination; and 6) wrongful termination. At the time of her hiring, plaintiff executed a document entitled the “Working Agreement” (Agreement). This 11‐page document i...
2018.4.13 Motion to Compel Deposition 005
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ... position to be able to do. Parish is no longer an employee of defendant District. Moreover, although defendant is understandably reticent concerning the circumstances as to the termination of Parish's employment, it is not difficult to infer (from the administrative leave that preceded the termination) that Parish may have left the District on less than friendly terms. Plaintiffs make no effort to explain how the District is supposed to be able ...
2018.4.13 Motion to Compel Further Responses and Docs 822
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...�employee) to engage defendant Rana as a broker to negotiate the Thekkeks' purchase of a 49% interest in Corona from the Ferrers. Having discussed the deal with the Ferrers, Rana engaged his long‐time attorney Sandbank to draft the deal documents. Then in 2014, Singh and Rana negotiated to buy the Thekkeks' interest in Corona. Again Rana arranged for Sandbank to draft the deal documents. The gist of the present lawsuit is the Thekkeks' allegati...
2018.4.13 Motion to Dismiss 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...hich relief may be granted” is a procedural label used in federal court, not California court. The state‐court equivalents are a demurrer, or a motion for judgment on the pleadings (MJOP). (See Code of Civil Procedure §§430.10, 438.) Because defendant has filed a document captioned “Answer” (about which more shortly), the Court treats this as an MJOP. Second: The miscaptioning of defendant's motion is of little consequence to the outcom...
2018.4.13 Motion to Vacate Judgment 629
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...t 1:10 with Motion to Vacate filed 2/2/18 at 1:15.) Neither of these, however, is supported by any evidence or testimony under oath. A plaintiff seeking to vacate a default judgment on grounds such as these has both statutory and non‐statutory remedies. The former include remedies under Code of Civil Procedure §§ 473(b),(d) and 473.5. The nonstatutory remedy includes a suit in equity or a motion based on a claim of extrinsic fraud or mistake....
2018.3.23 Application for Writ of Attachment 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ing date, they may simply notify the Court of that intention and provide a stipulation in due course. The parties have stipulated to continue all hearings to April 13, in order to accommodate a serious personal situation for defendants' counsel. However, the Court also wishes to receive supplemental briefing on selected issues, as discussed below, and the proposed April 13 date would likely not provide enough time for the parties to prepare such ...
2018.3.23 Demurrer 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...1985) 167 Cal. App. 3d 544, 549; CRC 3.1300 (d).) The central issue in this case is who had the responsibility for verifying that plaintiff was well enough to under surgery by requesting that there be a metabolic panel test, ensuring it was done before permitting the surgery to proceed, and ensuring that the appropriate persons were provided the results for review. Plaintiff alleges that before the July 18, 2017 deposition of his CONTRA COSTA SUP...
2018.3.23 Demurrer 362
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ered to meet and confer in person or by telephone, as required by Code of Civil Procedure § 430.41 (a). Meeting and conferring by letter, as occurred here, is not sufficient. Plaintiffs' Opposition to this motion was filed late. It was required to be served and filed on or before March 12, 2018. It was personally delivered on March 13, 2018. It was not filed until March 14, 2018. In its discretion, the court considers the late‐filed Opposition...
2018.3.23 Demurrer, Motion for Sanctions 642
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...Plaintiff Manh Singh Khalsa is a Sikh man. On September 25, 2016, while driving home, he encountered defendants Chase Little, Colton LeBlanc, Dustin Albarado and Doe 26 at a red light at an intersection in Richmond. Little threw a beer can at plaintiff, and the others yelled at him. The cars proceeded beyond the intersection. At another red light, Little, LeBlanc, and Albarado exited their vehicle and punched at plaintiff through his open window....
2018.3.23 Motion to Compel Arbitration 960
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...tration Code of Civil Procedure § 1281.2 creates a summary proceeding for resolving petitions to compel arbitration. “A petition to compel arbitration ‘is in essence a suit in equity to compel specific performance of a contract.'” Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 (internal citation omitted). In these summary proceedings the trial court sits as a trier of fact, weighing all the affidavits, declarat...
2018.3.23 Motion to Dismiss 880
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...s, she finally tendered a request for publication in March 2017, which was however rejected for lack of any supporting paperwork such as a showing of diligence. In June 2017 her renewed request to serve by publication was rejected with a direction that she check criminal dockets for relevant cases (because this case arises out of an alleged DUI accident). Plaintiff apparently misread this rejection as an approval, and proceeded to publish during ...
2018.3.23 Motion to Strike 059
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ... attorney; and Meyers's law firm, Westpro Realty, Inc. In brief, plaintiffs allege that defendants contrived to evict plaintiffs from the premises by serving a series of inflated or unfounded three‐day notices to quit or pay rent and then filing two unmeritorious unlawful detainer actions (the second of which is apparently still pending). Plaintiffs also allege that defendant Pineda unlawfully applied plaintiffs' $2,000 security deposit to plai...
2018.3.23 Motion to Transfer, Consolidate Cases 352
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ... the consolidated or coordinated cases should be in Contra Costa County rather than San Mateo County. The Court notes that the defendants in both cases are on record as preferring Contra Costa. Plaintiff, for its part, argues unconvincingly against transferring either case. But, if one of the cases is to be transferred, plaintiff gives no indication which County it thinks would be more appropriate. If the Court sticks with its tentative view that...
2018.3.23 Motion to Stay Case 903
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ior briefing order. The statements to which Fry's makes “objections” are arguments and characterizations of the state of the record, not evidence. Fry's is thus trying to sneak in a reply brief, not called for in the Court's order, by relabeling it as “objections.” In any event, the objections, such as they are, go to the weight the Court should give to the material presented by the March 19 Response, rather than its admissibility. On tha...
2018.3.16 Motion to Strike 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...arties whether or not the amended complaint changes any allegations regarding all parties because an amended complaint generally supersedes the original complaint for all purposes. (See 1 Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 6:688, p. 6‐193; State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) The court does not work with one complaint for the parties that choose to answer rather...
2018.3.16 Demurrer 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...s of $100,000 to $150,000. PLSCS characterizes the loans as “usurious, unconscionable, unfair, predatory, and fraudulent.” The only meat attempted to be placed on the bones of that string of pejorative adjectives, however, is the conclusory allegation that the loans charged interest rates in excess of what is lawfully allowed. 1st C/A‐Violation of California Civil Code § 1916.1 2nd C/A—Violation of Civil Code § 1916.2 At the outset, cro...
2018.3.16 Demurrer 509
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...y the Cigna defendants with rigor, but it appears uncontested for purposes of this action that at least some Cigna entity is a health insurer, governed by the Knox‐Keene Act. ASH is Cigna's agent for claims administration. Diablo alleges that it has provided treatment for Cigna's insured patients, but that Cigna and ASH have underpaid Diablo. The FAC contains a number of listed causes of action, but for analytical purposes they may be grouped i...
2018.3.16 Motion for Leave to File Amended Answers 200
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...ase real property. Plaintiff alleges that she has performed her obligations while Defendants have not. Plaintiff filed her complaint on June 23, 2017. On July 25, 2017, Defendant Sobayo, in pro per, filed answers on behalf of himself and his corporation, Kingsway. Plaintiff filed a motion to strike Defendants' separate answers and Defendant Sobayo's cross‐complaint. This Court denied the motion as it related to Defendant Sobayo individually, bu...
2018.3.9 Motion for Summary Judgment 189
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.9
Excerpt: ...blish that he is “a person who generally understands the system's operation and possesses sufficient knowledge and skill to properly use the system and explain the resultant data …” (People v. Lugashi (1988) 205 Cal.App.3d 632, 640.) Mr. LaMunyon identifies himself as an “Associate” who has “access to certain of Chase's records,” but he does not explain the duties of an Associate within plaintiff's organization. Mr. LaMunyon doe...
2018.3.9 Demurrer 339
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.9
Excerpt: ...fendant's employee, Nancy Pfeiffer Hazen, to advise Plaintiff that she should have had a higher amount of underinsured motorist coverage. Plaintiff's husband was killed in a bicycle‐vehicle collision in which the motorist at fault had only $100,000 in liability coverage. Because Plaintiff's policy had only $100,000 for uninsured/underinsured motorist coverage, Plaintiff received nothing on her underinsured coverage after the tortfeasor's carrie...
2018.3.2 Motion for Recovery of Costs 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...ific, the building owner, and Schindler, the company contracted to maintain the elevator at the time of the accident (and now). Sierra Pacific and Schindler in turn cross‐complained against Otis, the company that performed a modernization of the elevator in 2005‐06 and then held the maintenance contract until late 2012. A threecornered jury trial resulted in a substantial recovery for Zapotoczny as against both Sierra Pacific and Schindler, e...
2018.3.2 Motion for Attorney Fees 542
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...ntained provisions for plaintiff to collect attorney fees incurred in enforcing the notes. As plaintiff acknowledges, these are the kind of fee clauses rendered bilateral under § 1717. Plaintiff argues that that statute does not apply here (at least not fully), because some of its pleaded causes of action were on purportedly non‐contractual theories such as open book, misrepresentation, and estoppel. At base, however, all of plaintiff's pleade...
2018.3.2 Demurrer 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...gn the 1999 deed, or that she did not. Defendant's effort to knock out plaintiff's duress theory is being rejected today for procedural reasons (line 9). But the briefing on that motion is nevertheless revealing: Facing a limitations attack on her claim of having been coerced into signing a deed 19 years ago, plaintiff seeks to rescue that claim from limitations by giving it away substantively – attesting that she actually didn't sign the deed ...
2018.3.2 Motion to Stay Case 903
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... recounts the procedural history of this case and Waraich, to the extent relevant to the disposition of this motion. This case was filed in May 2015. In September 2015 the Court (Judge Spanos) denied the petition to compel arbitration brought by Fry's. Fry's appealed that ruling, and it was affirmed by the First District Court of Appeal. The remittitur was issued on January 19, 2018. The instant motion followed on January 31, 2018. Waraich was a ...
2018.3.2 Motion to Strike 939
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... outset, plaintiff argues that defendant failed to meet and confer as required by Code of Civil Procedure § 433.5(a)(2). This motion, however, was filed before that section came into effect. Moreover, defendant's counsel recounts that she offered to discuss the issues in the motion to strike after the fact. This is a medical malpractice action. Much of the verified complaint is taken up in alleging the history of defendant's treatment, not of pl...
2018.3.2 Motion for Leave to File Complaint, for Summary Adjudication 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... want to heed the Court's comments on the need for her to decide what her case really is (see line 1). 9. TIME: 9:00 CASE#: MSC17‐00140 CASE NAME: MARY STORELLI VS. ROSE SATORI HEARING ON MOTION FOR SUMMARY ADJUDICATION FILED BY ROSE SATORI * TENTATIVE RULING: * Defendant's motion for summary adjudication is denied. The motion would not dispose of an entire cause of action, but only one branch of a cause of action. It is therefore impermissible...
2018.2.23 Motion for Summary Judgment 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.23
Excerpt: ...c Redacted Version”. A great deal of it – whole pages at a time – is simply blacked out. Moreover, from what can be read in the moving papers, it appears that Jacobs bases his motion principally on the declaration of his expert, Dr. Bickler. But the Bickler declaration has not been filed at all – not even in a “public redacted version”. It just plain isn't there. It's not in the court file, and there is no indication in the computer t...
2018.2.23 Motion for Entry of Judgment 960
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.23
Excerpt: ... the trial court must determine whether the parties entered into a valid and binding settlement of all or part of the case. In making this determination, trial judges, in the sound exercise of their discretion, may receive oral testimony or may determine the motion upon declarations alone. Corkland v. Boscoe (1984) 156 Cal.App.3d 989. A court's power to make factual determinations under Code of Civil Procedure § 664.6 (entry of judgment pursuant...
2018.2.23 Motion to Set Aside Default, Judgment 319
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.23
Excerpt: ...nal service was required. (Id., subd. (d).) Plaintiff attempted to serve defendant with a statement of damages on October 2, 2017. (Dudensing Dec., Exh. “F”.) However, this attempted service was made at a Green Street address in San Francisco, and defendant alleges that he has at all pertinent times resided at a Taraval Street address. (Byrd Dec., ¶ 1.) Further, plaintiff took defendant's default only three days later, on October 5, 2017, an...
2018.2.23 Motion for Summary Judgment 260
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.23
Excerpt: ...e had not carried its burden on the element of causation sufficient to warrant a grant of summary judgment. The Court's prior tentative ruling focused on the fact that both the pedestrian and the driver had stated that there were no obstructions to their views. At argument, however, plaintiff persuasively pointed out that the evidence on which the Court relied concerned visibility to the crosswalk itself, but did not address the issue of whether ...
2018.2.23 Motion to Compel Compliance 952
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.23
Excerpt: ...m, for documents relating to two other identified potential buyers of the property, and the reasons why those sales did not go through. Plaintiffs reason that there may be relevant information in the documents concerning knowledge or disclosure of the alleged problems with the property. Plaintiffs acknowledge that they did not serve any Notice to Consumer on the putative buyers under Code of Civil Procedure § 1985.3. They state conclusorily that...
2018.2.9 Motion for Summary Judgment 260
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.9
Excerpt: ... March 24, 2015, plaintiff Veronica Wang was a pedestrian crossing the bottom of the Highway 24 cloverleaf offramp in a marked crosswalk. (The moving papers identify it as the exit from eastbound 24, but cursory examination shows it to be the exit from from westbound 24. The detail is not material.) She was struck and injured by defendant Yvonne Pope‐Lane, who was a driver exiting Highway 24 onto northbound Pleasant Hill Road. As relevant here,...
2018.2.2 Motion to Vacate Default Judgment 380
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ...g Handermann to serve the Asbuns by publication under Code of Civil Procedure § 415.50 in the Florida Times‐Union. The Times‐Union published notices related to this case on October 3, 10, 17, and 24, 2016. On December 5, 2016, default against the Asbuns was entered. On July 17, 2017, the Court entered a default judgment against the Asbuns. This motion followed on November 6, 2017. The basis for the motion is Code of Civil Procedure § 473.5(...
2018.2.2 Motion to Strike Claim 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ... disability discrimination after he slipped and fell on an outdoor sports court during recess on December 17, 2014. Following the injury, plaintiff requested and was denied various accommodations. (See Complaint, ¶ 26.) Defendant now moves to strike paragraph 53 of the complaint and paragraph 5 of the Prayer, which seek punitive damages. Punitive damages are recoverable in actions for discrimination. (See Commodore Home Systems, Inc. v. Superior...
2018.2.2 Motion to Strike 709
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ... (“IIED”), 8) negligent infliction of emotional distress (“NIED”), and 9) injunctive relief. Defendant Anna Shane asserts that each of Plaintiffs' causes of action are not actionable because they relate to communications subject to the anti‐SLAPP statute. The motion is granted as to the fifth cause of action (wrongful use of administrative proceedings), and as to all allegations concerning Defendant's alleged communications with the Dis...
2018.2.2 Motion to Sever Cause of Action 099
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ... see also Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1271.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 02/02/18 ‐ 6 ‐ Here, Plaintiff has alleged two causes of action – Cancellation of Deed, and Quiet Title. Plaintiff transferred the subject property in 2014 to his then‐wife, Defendant Xueyan Cui, as her sole property. Cui sold the property in March of 2016 to the Irwin and Betty K...

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