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2020.09.04 Motion to Strike, Demurrer 769
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.09.04
Excerpt: ... case as applicable to his remaining claims. The Court is staying those claims and referring them to arbitration, but they nevertheless remain in the complaint at least for purposes of framing the issues for arbitration. Whether he may be entitled to plead or collect punitive damages as to those claims will be for the arbitrator to decide. Attorney Fees The same is true of his prayer for attorney fees. The Option Agreement contains no contractual...
2020.09.04 Demurrer 329
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.09.04
Excerpt: ... judgment accordingly. Factual Background Plaintiff alleges that she suffered serious physical injuries and emotional distress when she was prevented from attending her father's funeral at Higgins Chapel. Plaintiff is estranged from her family, and alleges that she learned of her father's death and funeral only from reading the obituary. She went to Higgins Chapel with a friend, only to discover that her father's service was in progress. She furt...
2020.09.04 Motion for Summary Judgment, Adjudication 179
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.09.04
Excerpt: ...ses of action for premises liability and negligence. Accordingly, the motion for summary judgment is denied. Standard “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.” (Code of Civil Procedure § 437c(c).) “[F]rom commencement to conclusion, the party moving for summary judgment bea...
2020.09.04 Demurrer 409
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.09.04
Excerpt: ...It is otherwise overruled. The Complaint Plaintiffs allege that Wu was walking their dog Sophie, a miniature Shetland sheepdog. Defendant Irina Volkov was walking the Volkovs' dog Gus, allegedly trespassing in the common area of plaintiff's homeowner association. Gus attacked Sophie, resulting in severe injuries to Sophie. Plaintiff Yung came rushing out of plaintiffs' house to intervene and was himself bitten and injured by Gus. Plaintiffs alleg...
2020.08.28 Motion for Summary Judgment 422
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.28
Excerpt: ...em, Tracy Clark). The TAC alleges claims for negligence and premises liability. For the following reasons, the unopposed MSJ to the TAC is granted. Classic should submit a judgment accordingly. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cann...
2020.08.28 Demurrer, Motion to Strike Punitive Damages 042
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.28
Excerpt: ...artinez were drinking to excess at the Hotel Mac with defendant Goshay present. Later, the three returned to Hill and Goshay's home. Plaintiff joined the three at Hill and Goshay's home after being invited over. Within a half an hour, Martinez became ill and was taken to a separate bedroom by Hill and Goshay. “Despite defendant Hill and Goshay's knowledge that Martinez had a history of violence after consuming alcohol, and without warning Plain...
2020.08.28 Demurrer 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.28
Excerpt: ... that at approximately 11:57 p.m. on April 7, 2017, he was walking south on the western edge of Berry Drive in Pacheco when he was struck by a vehicle driven by defendant Roy Jarrard. (TAC ¶ 14.) That portion of the western side of Berry Drive had "a curb, and an apparent sidewalk area that abutted a fence along the eastern edge of Interstate 680." (TAC ¶ 15.) The pathway was "a dangerous condition as it was unpaved, was filled with mud, CONTRA...
2020.08.28 Demurrer 430
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.28
Excerpt: ...ent as to PNC (unlike as to Clear Recon, see Line 13), she has not updated her factual allegations to reflect intervening events. For example, the FAC continues to allege that the foreclosure sale is scheduled for November 29, 2019 – but this pleading was filed in April 2020. The FAC gives the Court no information on what has happened since, or whether plaintiff still owns or occupies the property. This demurrer calls for a little more discussi...
2020.08.28 Motion for Summary Judgment 452
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.28
Excerpt: ... means Mr. Bridges, and “plaintiffs” means both him and his wife.) In addition, B&C was sued for equitable indemnity, contribution and declaratory relief by Blocka Construction. B&C has filed this motion for summary judgment seeking judgment in its favor for both the complaint and cross‐complaint, arguing that B&C was not negligent. Plaintiffs have opposed this motion, though Blocka Construction did not. (Blocka has since settled with CONTR...
2020.08.21 Demurrer 769
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.21
Excerpt: ...f action (negligent misrepresentation). It is sustained with leave to amend as to all other causes of action. The Marra trustees may serve and file a first amended cross‐complaint by September 18. If they elect not to do so, the Horvaths' time to answer as to the surviving cause of action will run from that date. In light of this ruling and the upcoming summary judgment motion of plaintiff, the CMC now set for next Wednesday is continued to Nov...
2020.08.21 Demurrer 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.21
Excerpt: ...d prepare and present a separate judgment. Opening Procedural Notes The Court notes with disapproval plaintiff's express refusal to meet and confer as required by statute. Given the result here and the minimal chances that any meet‐and‐confer would have been fruitful, however, the Court makes no more of the issue at this point. The Court also notes that although it had previously admonished plaintiff (himself a retired attorney) as to the ina...
2020.08.21 Motion for Summary Judgment 392
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.21
Excerpt: ...OURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/21/20 ‐ 6 ‐ I. Factual Background Plaintiff and defendant were formerly a couple, though never married. They have a child in common, a daughter who is now an adult. In 1998, when the daughter was still an infant, the parties cooperated to purchase the property at issue – 10 Osborne Way, in Danville – to provide a place for defendant and the daughter to live in. Plaintiff paid the d...
2020.08.21 Motion to Dismiss Forum Non-Conveniens, to Compel Arbitration 792
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.21
Excerpt: ... parties' contract, but exercises its discretion to stay the action under Code of Civil Procedure § 410.30. The issue of arbitration is left to a Washington forum. Facts Plaintiffs Wang Brothers Investments LLC and Kai‐Wei Wang filed suit against Directing Lending and Fiuzi alleging a single cause of action for declaratory relief. They seek a declaration that defendants are not entitled to recover a $160,000 commission for their services in lo...
2020.08.21 Demurrer 827
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.08.21
Excerpt: ...interrogatories seeking the bases for the affirmative defenses. 1 Weil & Brown, Civil Procedure Before Trial § 7.35.1 (Rutter Group 2018). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/21/20 ‐ 41 ‐ As for demurrers to answers – really? Chafetz, Civil Law and Motion Practice in Contra Costa County, Contra Costa Lawyer, November 2018, p. 33. The Court respectfully questions whether this demurrer is a good u...
2020.07.31 Motion to Set Aside Dismissal 199
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.31
Excerpt: ...ry law firm. In June 2019 that firm was joined by the Bauman firm (plaintiff's present counsel) by association of counsel, and the Bauman firm substituted in as sole counsel in August 2019. It was throughout this time period that defendant was seeking fruitlessly to obtain written discovery responses from plaintiff. The record reflects a long series of meet‐and‐confer efforts, in which defense counsel was asking for responses to previously se...
2020.07.31 Motion to Issue Writ and Judgment 169
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.31
Excerpt: ...ees with the City on certain others. This ruling lays out the Court's views on the points of dispute. Whether an actual writ will be necessary, however, remains to be seen. The Court accordingly sets this motion over to September 4, 2020, at 10:00 a.m., for further review as to the state of compliance, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/31/20 ‐ 21 ‐ noncompliance, or continued disagreement as to p...
2020.07.31 Motion for Summary Judgment, Adjudication 240
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.31
Excerpt: ...cated at 1751 Diane Court in Concord. Plaintiffs signed a lease on or about May 11, 2013, but allege that they resided at the property since from about July 1, 2011, until their eviction in September 2016. Guo Min Li and Minghao Zhong were the owners of the apartment building during most of Plaintiffs' tenancy. Defendant Seek Investments, LLC purchased the apartment building on about June 10, 2015. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...
2020.07.31 Application for Right to Attach Order 872
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.31
Excerpt: ...pose. The trial court's prior judgment was entered after Groth's motion for summary adjudication was granted on his breach of contract cause of action, followed by a bench trial on the remaining causes of action. It was then reversed on appeal last November. I. Motion for Restitution The Gilads argue that they opted to pay Groth pursuant to a judgment that should not have been entered, and accordingly they are entitled to the return of their mone...
2020.07.24 Motion to Sever and Change Venue 649
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.24
Excerpt: ...ured in two separate, otherwise unrelated auto accidents. The first occurred on May 10, 2018, in San Joaquin County. Defendant Vasquez, an employee of Advanced, was the other driver. The second accident occurred on May 7, 2019, in Contra Costa County. Defendant Antonio was the other driver. Guzman alleges that each of Vazquez and Antonio was negligent in their respective accidents. His complaint is very scanty in describing his injuries, but the ...
2020.07.24 Demurrer 920
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.24
Excerpt: ...tion. Plaintiff may file and serve a second amended complaint by August 21. If she chooses not to do so, defendant's time to answer the surviving part of the FAC will run from then. Meet and Confer The Court stated on the prior demurrer that it was not satisfied with the attorneys' efforts to meet and confer. The Court remains unsatisfied this time around. Both sides' briefs reflect that inadequate dialog occurred about the subjects in this demur...
2020.07.17 Demurrer 570
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.17
Excerpt: ...led late due to mistake on plaintiff's counsel's part, counsel has represented that the opposition brief was timely served. Defendants raise no objections on this basis and the Court has considered the opposition on its merits. A court assessing a demurrer accepts as true the facts pleaded in the complaint, but rejects contentions, deductions and conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Aubry v. Tri‐City Hospital ...
2020.07.10 Motion for Preliminary Injunction 689
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.10
Excerpt: ...er shall promptly file a request for dismissal of this action. If the appeal is denied, petitioner will have exhausted its administrative remedy under the Education Code, and the Court will rule on the merits of the pending motion for preliminary injunction. While the Court is waiting to hear the outcome of the appeal, the Court continues the hearing on the motion to July 17, 2020, and requests that the parties be prepared to address the issues s...
2020.07.10 Demurrer 260
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.10
Excerpt: ...DATE: 07/10/20 ‐ 7 ‐ Background On or about June 14, 1947, a certain tract of land in Antioch was subdivided into lots and streets and represented on a map filed with the County Recorder. (Exhibit A to Complaint.) The 1947 Map depicted a street named Cesa Lane that starts on the south at Railroad Avenue and runs northerly, then turns easterly to Walter Way. There is no dispute that the City properly abandoned Cesa Lane by Resolution. On or ab...
2020.07.10 Motion for New Trial 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.10
Excerpt: ... (E.g., Wall Street Network, Ltd. v. New York Times, Inc. (2008) 164 Cal.App.4th 1171, 1176.) Plaintiffs' first ground for their motion is simply that the Court got it wrong on the law in granting summary judgment. In this respect, plaintiffs' counsel appear to be confusing this Court with the court of appeal. While it is true that a summary judgment is reviewed de novo, it isn't reviewed de novo (or in any other fashion) by the very court that i...
2020.07.10 Motion to Compel Arbitration 452
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.10
Excerpt: ...sitions (MLA) alleges that defendant Hom entered electronically into a loan transaction with LoanMe (not a party to this case), and defaulted on payments. MLA allegedly acquired the note and claim by purchase and assignment. The alleged arrears are $2,554.80, although by plaintiff's calculations that amount now comes to more than $10,000 with interest added. Hom answered and filed his cross‐ complaint, which had the effect of converting this to...
2020.07.10 Motion to Dismiss Complaint 329
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.10
Excerpt: ... (TAC), but not until Monday January 13, 2020. Rather than file a further demurrer, the District has filed a Motion to Dismiss and a Motion to Strike on both substantive and procedural grounds. The procedural grounds are that plaintiffs filed the TAC one court day late. The court denies both motions to the extent they are based on the late filing. The court will construe the Motion to Dismiss as a demurrer. So construed, the court sustains the de...
2020.07.10 Motion to Strike or Tax Costs 860
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.07.10
Excerpt: ...RING DATE: 07/10/20 ‐ 4 ‐ both defendants moved for summary judgment. The Court's tentative ruling was to grant that motion as to both defendants, on the ground that plaintiff's expert did not meet the requirements of Health & Safety Code § 1799.110(c) for experts testifying as to the standard of care for emergency medical treatment. At argument, however, plaintiff pointed out that his claims against the hospital extended more broadly than j...
2020.06.26 Motion to Dismiss or Stay for Forum Non Conveniens 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.26
Excerpt: ...ry in Las Vegas, Nevada. (Compl. ¶ 24) MM Development holds a judgment entered by a Nevada state court against defendant Linx Card, Inc. for $949,559.80, entered August 28, 2019, arising out of certain merchant processing services Linx Card provided to MM Development. (Compl. ¶¶ 25‐43, Exhs. B, D, E) A. The Claims MM Development has asserted claims against the defendants in this case for fraud, breach of contract, deceit, conversion, violati...
2020.06.19 Motion for Trial Setting Preference 760
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.19
Excerpt: ...te of April 29, 2019 on the basis of the advanced age and ill health of the then‐plaintiff, Mr. Garrett. Unfortunately he proved to be medically unavailable to attend trial then, and even more lamentably he has since passed away. As is discussed in Lines 4 and 5, it is represented that his claims are now being pursued by the successor trustee of his family trust. Unusually, this motion rests not on any age or health problems of any party, but r...
2020.06.19 Motion for Leave to File Complaint 760
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.19
Excerpt: ...may further amend his proposed pleading, if he thinks necessary, better to clarify the substantive basis for his self‐identification as the new plaintiff in the case. Background and Procedural History This case has a complicated procedural history, not entirely clear from the Court's file. The complaint was originally filed on September 10, 2018 by plaintiff Carl Garrett, suing in his own name. Garrett identified himself of the owner of the sub...
2020.06.19 Motion for Discovery of Peace Officer Personnel Records 729
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.19
Excerpt: ... In this motion, plaintiff asks the Court to require that several stated categories of documents be produced for the Court's review. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/19/20 ‐ 8 ‐ The Pitchess Procedure Penal Code § 832.7(a) and Evidence Code §§ 1043‐1046 set up an exclusive procedure for discovery of certain police personnel files. Section 832.7(a) provides that with exceptions not applicabl...
2020.06.12 Motion for Summary Judgment, Adjudication 572
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.12
Excerpt: ...ion (public policy), and the issue of emotional distress damages. Because summary adjudication is denied on some claims, summary judgment is also denied. Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/12/20 ‐ 2 ‐ Plaintiff Frank Colwell is Caucasian and complains of unlawful actions against himself and property because of his race. He alleges his employer did nothing to stop the behavior of anonymo...
2020.06.05 Motion for Preliminary Injunction 659
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.05
Excerpt: ...does not shed any further light on what kind of “conduct” was being investigated, however, beyond asserting in his unsworn brief that this case “does not involve well founded allegations of sexual misconduct, physical violence, threats of violence, or sexual harassment. Nor does it involve allegations of drug‐related wrongdoing, criminal activity, or any other egregious misconduct.” This ambiguously worded statement, besides not being e...
2020.03.13 Motion to Strike or Tax Costs 725
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.13
Excerpt: ...ising from a destructive landslide that seriously harmed plaintiffs' residential property. Padilla moved for summary judgment, which was granted. This represented a total victory for Padilla. Padilla then filed his memorandum of costs as the prevailing party. The § 998 Offer Most of the costs sought consist of expert fees incurred after plaintiffs declined Padilla's Code of Civil Procedure § 998 offer. Section 998 is designed to encourage the s...
2020.03.13 Motion for Summary Judgment, Adjudication 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.13
Excerpt: ...��30, 32.) I. Factual Background On September 4, 2016 at approximately 8:00 p.m., while riding his bike south along the northbound side of Big Break Road in the City of Oakley, 14‐year‐old Kaleb Vancil was struck by an oncoming truck going north, driven by Jerry McKinzie. McKinzie has testified that he did not see Kaleb. Kaleb is said to have left the sidewalk to pass two pedestrians headed the same direction as himself. Plaintiffs, Kaleb's p...
2020.03.06 Demurrer 160
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ...of plaintiffs John Doe and Jane Doe. Jane Doe was briefly involved in relationship with John Doe, which ended in May 2017. Defendant Russell was involved in a subsequent relationship with John Doe from August 2017 to August 2018 and again beginning in December 2018. Russell CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 03/06/20 ‐ 7 ‐ discovered and distributed a copy of the photograph to defendant Gracie becaus...
2020.03.06 Demurrer 430
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ...e Demurrer is sustained with leave to amend. Plaintiff may file and serve a first amended complaint by March 27. If plaintiff has no allegations to make of actual wrongdoing by this defendant, however, he may find it the better part of valor to drop the foreclosure trustee and proceed (if he can) only against the lender. Analysis Defendant asserts that the complaint is uncertain as against Clear Recon. Uncertainty is a disfavored ground for demur...
2020.03.06 Demurrer 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ... she healed with keloids and required special care before, during and following her surgical procedure. In or about 2004, Plaintiff had undergone an abdominoplasty. To avoid further keloid formations, she requested her surgeon use the same incision for her fibroid removal. Since the fibroid mass was large, the decision was made to make the incision through the umbilicus (belly button). Plaintiff alleges that after surgery, her belly button was op...
2020.03.06 Demurrer, Motion to Expunge Notices of Pendency 570
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ...sentation) and the sixth cause of action (unfair business practices), but only to the extent that plaintiff may, if he chooses, amend to add Askew to his intentional misrepresentation cause of action. It is sustained without leave to amend as to the second cause of action (conversion). Meet and Confer The Court is not satisfied with either side's compliance with the letter and spirit of the requirement of meeting and conferring before filing this...
2020.02.28 Demurrer 112
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.28
Excerpt: .... Shoreline's Allegations and Shapell's Demurrer This action arises out of the construction of a retirement community on property owned by defendant Shapell. FAC ¶¶ 9, 11. The FAC alleges that Shapell hired defendant SCM as the contractor for the project. FAC ¶ 13. On June 30, 2016, Plaintiff submitted a bid to SCM to perform the framing, based on architectural drawings, engineering specifications, and plans ("Design Documents") prepared by de...
2020.02.28 Application for Right to Attach Order 740
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.28
Excerpt: ... less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commercial in nature.” (Goldstein v. Barak Construction (2008) 164 Cal.App.4th 845, 852.) In issuing a writ of attachment, the court must make the following findings: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the cla...
2020.02.21 Motion to Disqualify Counsel 470
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.21
Excerpt: ...ies to business customers. The assets of KBA Docusys were acquired by Kyocera. The present plaintiff, KBA Document Solutions, is the corporation formed by Kyocera to acquire the assets and carry on the acquired business. Part of the compensation for that acquisition was allocated to goodwill. Kim and Costa, as minority shareholders, received substantial six‐ figure payouts from the purchase. They were also required to sign new employment contra...
2020.02.21 Demurrer 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.21
Excerpt: ...tion of Emotional Distress. Plaintiff shall file and serve the amended complaint on or before March 13, 2020. The Court sustains without leave as to the first three causes of action because plaintiff has voluntarily abandoned them. The Court has no occasion to analyze whether they would have survived demurrer otherwise. As to the two infliction torts, the existing complaint is unclear as to just what is intended to be adduced as the operative act...
2020.02.14 Motion to Vacate Dismissal 289
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...awsuits. The Court described their substance in granting consolidation: These three lawsuits present different plaintiffs and different forms of legal claims. Two of them are wrongful‐discharge claims asserted by terminated executives of Garaventa Enterprises. The third is a shareholder derivative action, challenging the action of Garaventa's management in (among other things) terminating those same two executives. Speaking in non‐legal terms...
2020.02.14 Motion for Summary Judgment, Adjudication 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...dic Specialists. The motion is granted. Defendants have successfully shifted the burden to plaintiff to demonstrate a triable issue of material fact, and plaintiff has failed to introduce admissible evidence of defendants' breach of the standard of care, a necessary showing for medical negligence, and on his intentional misrepresentation cause of action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 02/14/20 ‐ 8 ...
2020.02.14 Demurrer 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...ill be dismissed as against the County. Facts Alleged by Plaintiff The facts alleged in the SAC are straightforward, though quite conclusory in some respects. Plaintiff O'Brien alleges that at approximately 11:57 p.m. on April 7, 2017, he was walking south on the western edge of Berry Drive in Pacheco north of the intersection of Berry Drive and Center Avenue. SAC ¶ 14. That portion of the western side of Berry Drive had “a curb, and an appare...
2020.02.14 Demurrer 662
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ... Court takes judicial notice only that the notice of default was recorded – not that the default it asserts is factually established as having occurred. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 02/14/20 ‐ 16 ‐ 1st C/A. The demurrer to the First Cause of Action for breach of contract is overruled. A plaintiff may allege performance in conclusory terms. (Code of Civil Procedure § 457.) Also, the Court may...
2020.02.14 Demurrer 290
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...ime to answer the remaining causes of action will run from that date. Defendants demur to causes of action (1) breach of fiduciary duty (demurrer by Pritchard), (2) fraud (demurrer by all), (7) breach of contract (demurrer by Martin and Pritchard), and (8) Business and Professions Code §17200 (demurrer by all) for failure to state a cause of action. The FAC is confused and contradictory as to the shareholdings of defendants in plaintiff. Kejet a...
2020.02.07 Petition to Compel Arbitration and Request for Stay 550
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...se is set for Case Management Conference on September 7, 2020 at 8:30 a.m. The Merits.  Plaintiffs offer no legal authority supporting the proposition that the “boilerplate” nature of the subject fee agreement renders the agreement unenforceable. The Court notes that the subject matter of the representation was described as seeking damages “arising out of an accident/incident which resulted in personal injuries and/or death,” a descrip...
2020.02.07 OSC Re Preliminary Injunction 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...or to this motion, plaintiff filed two ex parte applications for appointment of a receiver and a temporary restraining order. The first ex parte application was denied, but plaintiff's counsel states that he received permission to re‐file the application. (Lapham Reply Decl. ¶¶ 4‐5.) The second ex parte application was also denied, but a hearing on the matter was scheduled with the ex‐ parte application used as the moving papers. Thus, th...

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