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2018.9.27 Demurrer 553
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.9.27
Excerpt: ...llegations where ‘it concludes as a matter of law that, assuming the truth of the factual allegations in the complaint, there is no reasonable possibility that the requirements for class certification will be satisfied.'” (Schermer v. Tatum (2016) 245 Cal.App.4th 912, 923 (“Schermer”).) “Class actions are permitted ‘when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is i...
2018.9.27 Motion to Compel Further Responses 564
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.9.27
Excerpt: ...esponses June 26, 2018. Defendants did not seek to meet and confer about the responses until August 7, 2018, just a week before the 45‐day deadline to file a motion to compel. (Where responses are served through e‐filing, there is a two‐day extension on any deadlines. Service after close of business is deemed to have occurred the next day. (CRC 2.251(h)(2), (4).) The e‐mails of the 7th and 8th show that there was some good faith meeting a...
2018.9.13 Motion for Attorney Fees 301
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.9.13
Excerpt: ...moving party, Phillips 66 bears the burden of proof on this issue. (Jobe v. City of Orange (2001) 88 Cal. App. 4th 412, 419 [award “requires that the claimant show that the cost of its legal victory transcended its personal interest”]; Evidence Code § 500 [“Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is as...
2018.9.6 Petition to Compel Arbitration 132
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.9.6
Excerpt: ...arbitration. Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 378‐89. The critical issue here is whether Plaintiff's claims under Labor Code sections 558 and 1197.1 may be compelled to arbitration. There is a conflict on this issue as between Esparza v. KS Industries, L.P. (2017) 13 Cal.App.5th 1228 and Lawson v. ZB, N.A. (2017) 18 Cal.App.5th 705, review granted March 21, 2018. Broadly speaking, Esparza says that section ...
2018.9.6 Demurrer 564
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.9.6
Excerpt: ...ts' unopposed requests for judicial notice are granted. Defendants' demurrer is sustained without leave to amend, as to the First, Second, and Fifth Causes of Action. The demurrer is moot as to the Third Cause of Action for fraud, because the Court has granted defendants' companion motion to strike that cause of action. The Court notes that the Third Cause of Action is stated only against defendant First American; it is not stated against defenda...
2018.9.6 Demurrer 147
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.9.6
Excerpt: ...zed wage statements, 4) failure to pay wages on termination, and 5) unfair business practices. Onyx demurs as to Robinson's individual claims (but not as to the class' claims) on the basis that res judicata applies because the parties previously settled a wage claim while it was before the Labor Commissioner. “In demurrer analysis, we test the sufficiency of the plaintiff's pleading against the relevant principles of law. (Linda Vista Villa...
2018.8.30 Motion for Judgment on the Pleadings 656
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.30
Excerpt: ..., Sr. (collectively, “Plaintiffs”). Defendant moves pursuant to § 438(c)(1)(B)(ii) on the grounds that Plaintiffs cannot state facts sufficient to constitute a viable cause of action for violation of Bus. & Prof. Code § 17200, et seq. For the following reasons, the MJOP to the second cause of action for violation of Bus. & Prof. Code § 17200 is denied. Request for Judicial Notice Defendant has requested judicial notice of over three hundre...
2018.8.30 Motion for Approval of PAGA Settlement 953
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.30
Excerpt: ...bit J. The proposed settlement provides for Defendants to pay a total of $400,000 as follows: (1) $15,000 to the settlement administrator; (2) $133,333.33 in attorneys' fees and costs; (3) $5,000 to the Plaintiff as an enhancement award; (4) $106,500 to aggrieved employees pro rata via an “underpaid wage fund;” (5) $130,166.67 to a “penalties fund” which will go 75% to the State of California ($97,625) and 25% ($32,541.66) to aggrieved em...
2018.8.30 Motion for Preliminary Injunction 503
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.30
Excerpt: ...ithout court approval; (4) preventing him from restoring control over the company's computers; (5) operating video surveillance at the business premises; and (6) making any loans or extraordinary transfers to the Garaventa Trust, without either unanimous Board approval or court approval. To the extent the issues overlap with those considered in the motion for a preliminary injunction in the related case (C18‐ 01450), the Court retains the same ...
2018.8.23 OSC Re Why Order for Sale of Property Should Not be Made 689
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.23
Excerpt: ...uly 11. The creditors submitted the application to the court, through electronic filing, on July 11. Six days later, it was rejected by the clerk, because electronic filing was not appropriate for this type of application. When plaintiffs refiled, the deadline had passed. A number of cases concern circumstances in which a clerk rejects a document, causing the filing party to miss a critical deadline: Rojas v. Cutsforth (1998) 67 Cal.App.4th 774 [...
2018.8.16 Motion for Leave to Amend Answers 815
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.16
Excerpt: ...kansas law, add the affirmative defense of comparative fault under Arkansas law, and correct typographical errors. The law applies a general policy of liberality in permitting amendments to pleadings, where the opposing party will not be prejudiced by the amendment. (Harris v. City of Santa Monica (2013) 56 Cal. 4 th 203, 240.) While some cases have stated that unwarranted delay may be enough by itself to justify denial, such cases tend to be at ...
2018.8.16 Motion for Attorney Fees 689
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.16
Excerpt: ... Kizors' goals and demands. The Court, nonetheless believes that the Kizors did prevail, although not on all claims. While the Court is guided by Hsu v. Abbara (1995) 9 Cal.4th 863, which the Redigs rely on heavily, that case is of mixed help to the Redigs. It does state that “the trial court is to compare the relief awarded on the contract claim or claims with the parties' demands on those same claims and their litigation objectives as disclos...
2018.8.9 Motion for Class Certification 486
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.9
Excerpt: ...uent HOA fees and where at any time during the period from April 2, 2011 through the date of Judgment in this case ALS either: (1) collected a payment from the homeowner and applied that payment to costs of collection before delinquent assessments were paid in full; and/or (2) either rejected a partial payment from the homeowner or charged the homeowner a partial payment fee; and/or (3) threatened or initiated non‐judicial foreclosure on assess...
2018.8.9 OSC Re Preliminary Injunction, to Quash Writ of Execution and Cancel Void Instrument 013
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.9
Excerpt: ...arily, money judgments are not stayed pending appeal unless the appellant files an undertaking. (CCP § 917.1(a)(1).) The code provides an exception, however, for costs‐only judgments. (CCP § 917.1(d) [“no undertaking shall be required pursuant to this section solely for costs awarded under Chapter 6 (commencing with Section 1021) of Title 14.”) Because the attorney fees awarded were pursuant to contract, they are considered “costs” un...
2018.8.9 OSC Re Preliminary Injunction 450
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.9
Excerpt: ... subdivision (a)(2) to enjoin “some act during the litigation [that]would result in waste, or great or irreparable injury[,]” and subdivision (a)(3) to prevent “some act in violation of the rights of another party to the action respecting the subject of the action.” In deciding to issue a preliminary injunction, the court must evaluate (1) the likelihood that plaintiff will prevail on the merits and (2) the interim harm the plaintiff is l...
2018.8.8 Motion to Change Venue 337
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.8
Excerpt: ...ithin the time otherwise allowed to respond to the complaint” files the motion. Mr. Christ did not file the motion with a responsive pleading, thus the issue is whether the motion was filed “within the time otherwise allowed to respond to the complaint.” It appears undisputed that Mr. Christ's responsive pleading was due on April 2, 2018, but that the parties extended that time to 14 days “after the conclusion of the mediation[.]” Concl...
2018.8.8 Motion for Summary Adjudication 701
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.8
Excerpt: ...ner's office for an autopsy. The motion is granted. Factual and Procedural Background (In stating the “facts,” below the court is not making factual findings. In cases, it states “facts” from plaintiff's additional facts even though defendant disputes those facts. It does this to show that even if those facts favor plaintiffs as strongly as claimed they are still insufficient.) Centerpoint does business under the names of Alta Vista Crema...
2018.8.8 Demurrer 211
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.8
Excerpt: ...itations set forth in Civil Code § 3439.09 (“Uniform Voidable Transactions Act”). Background Facts Plaintiff Sandra Rizzardi and Defendant Russell Rizzardi were married on October 23, 1976. Sandra and Russell separated on May 15, 1997 and a Stipulated Judgment on Reserved Issues was entered on July 7, 1998 in the Dissolution Action in Sacramento County. Russell Rizzardi was ordered to pay spousal support to Sandra Rizzardi. Russell Rizzardi ...
2018.8.8 Demurrer 087
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.8
Excerpt: ...ts”). The Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Nab A. Hayfron (“Plaintiff” or “Hayfron”). The FAC states causes of action for (1) constructive fraud; (2) violation of Business & Professions Code §§ 17200 et seq.; (3) violations of HBOR; (4) violations of Civil Code § 2923.5; (5) cancellation of written instruments; (6) negligence; (7) intentional infliction of emotional distress; (8) slander ...
2018.8.8 Motion for Attorney Fees 555
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.8
Excerpt: ...never alone” and that if anything happens, defendants will contact the customer “immediately.” (¶ 26.) On December 30, 2017, Shadow was attacked by another dog, suffering significant injuries that required surgery at a veterinary hospital. (¶ 12.) Defendants did not notify plaintiffs of the incident until December 31, 2017. (¶ 12.) There was no manager on site when the incident occurred, when plaintiffs asked to speak to one after they w...
2018.8.2 Petition to Compel Arbitration, Stay Proceedings 512
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.2
Excerpt: ... future, and; (2) whether plaintiffs are estopped from asserting waiver, in light of the fact that they opted out of the class action settlement in the consolidated Esqueda cases and commenced a new class action lawsuit. The Court rules as follows on the petition to compel arbitration, brought by all named defendants. Plaintiffs oppose the petition. The petition is denied. With regard to plaintiff Thomas A. Sacco, the Court finds that his arbitra...
2018.8.2 Motion to Compel Further Responses 404
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.8.2
Excerpt: ...cope of the response. The information sought, with respect to all of the hotels in the state, has some relevance to class certification, because it will help establish whether the individual plaintiff's claims are typical and common to the members of the putative class. Defendant's assertion that the hotels are quite different in material respects may be correct, but this needs to be tested through discovery, which may show that Defendant is corr...
2018.7.26 Motion to Approve Settlement 953
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.7.26
Excerpt: ...enors object to the terms of the settlement. Intervenors contend that Code of Civil Procedure section 387 provides the Court authority to permit their intervention. The Court continued the hearing on settlement approval and instead set Intervenors' application for leave to intervene for hearing on July 26, 2018. Both plaintiff James Neil and defendant Hanlees have opposed intervention. Analysis under CCP section 387 CONTRA COSTA SUPERIOR COURT MA...
2018.7.26 Motion to Approve Settlement 439
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.7.26
Excerpt: ...s provided the Court a copy of the settlement agreement. It was later filed in the public file, as set forth below. On April 20, 2018, Lawson filed a motion to dismiss her individual claims with prejudice and the class claims without prejudice. That motion was unopposed. Attached as Exhibit 1 to Marcus Bradley's declaration supporting that motion was a copy of the settlement agreement. The first page of the settlement agreement indicates that the...
2018.7.26 Request for Sanctions 882
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.7.26
Excerpt: ...ounsel to keep track of their hours for purposes of a sanctions determination. PCB opposes the request, arguing, among other things, that a request for sanctions must be directed toward the opposition to a particular motion to compel, and that such a motion exists only for one narrow sub‐ category of discovery (responses to Special Interrogatories, Set One, and Request for Production of Documents, Set Two). While the Court has general authority...
2018.7.12 Motion to Stay Action 453
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.7.12
Excerpt: ...er Civil Code section 930(b). Plaintiffs contend that the offers to repair made by Meritage during the prelitigation process did not comply with Civil Code sections 933 and 934; as such, according to plaintiffs, they need not continue with the prelitigation process. Plaintiffs also contend that the offers to repair did not comply with section 917. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 07/12/18 ‐ 4 ‐ Sec...
2018.7.12 Motion for Dismissal 437
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.7.12
Excerpt: ...omplaint was received on the date in question. Pursuant to Evidence Code section 1272, this constitutes evidence that service did not occur. Plaintiff offers the proof of service of Michael Brocks, who attests to having served the documents. Because Mr. Brocks is not a registered process server, the proof of service does not create a presumption of service under Evidence Code section 647. On this showing, the Court considers it more likely that M...
2018.7.5 Motion for Reconsideration 448
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.7.5
Excerpt: ...vil Procedure section 1008, which requires (1) that the motion be filed within ten days after service of written notice of the order being reconsidered; and (2) that the moving party show “new or different facts, circumstances, or law” that justify reconsideration. The moving party must show that the new evidence could not, with reasonable diligence, have been discovered or produced for the previous motion. (New York Times v. Superior Court (...
2018.6.28 Motion to Strike or Tax Costs 167
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.28
Excerpt: ..., that they are not shown to be reasonably necessary. No particular objection to any proposed cost is raised. Plaintiffs have responded with significant documentation of the fees. Harris has not replied. The matters for which reimbursement is sought all appear to fall within categories eligible for recovery, and were reasonably necessary, with the exception of $16,966.12 in costs for ordering medical and other records The expense for document sub...
2018.6.28 Motion for Dismissal 437
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.28
Excerpt: ...nd provides a declaration of a process server saying as much. The process server also says that a proof of service was mailed to Attorney Higgins, who formerly represented plaintiff Williams. Attorney Higgins died in CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/28/18 ‐ 2 ‐ early 2018. Williams also argues that by virtue of the large number of coordinated cases making essentially the same claims about the 20...
2018.6.28 Motion to Dismiss 332
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.28
Excerpt: ...t they have been willing to stipulate to a stay of this action all along. Dismissal under Section 583.150 Trilogy contends that the Court ought to exercise its discretion under CCP section 583.150 and dismiss this action with prejudice. The Court declines to exercise its discretion in that manner. Section 583.150 affirms that the Court has inherent discretionary authority to dismiss an action. Pearlson v. Does 1 to 646 (1999) 76 Cal.App.4th 1005,...
2018.6.28 Motion to Quash Service of Summons 343
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.28
Excerpt: ... that no one did so. Finally, he attaches documents from the same process server in another case in which a motion to quash was granted. While Defendant asserts that there was a finding in that case that the process server's proof of service was false, the documents provided show no such finding. Plaintiff has responded to the motion with a proof of service by a registered process server, which establishes a presumption of valid service. (Evidenc...
2018.6.28 Demurrer, Motion for Monetary Sanctions, to Strike 587
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.28
Excerpt: ...had a personal relationship, obtained entry to his house wrongfully, after their relationship ended, by using a realtor to provide access through a lock box while the property was being listed for sale. Actual damages are not an element of either cause of action. (Kornoff v. Kingsburg Cotton Oil Co. (1955) 45 Cal.2d 265 (trespass); Fairfield v. American Photocopy Equipment Co. (1955) 138 Cal.App.2d 82, 88 (invasion of privacy).) Further, each cau...
2018.6.14 Motion for Attorney Fees 686
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.14
Excerpt: ...n conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement …are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any.” The Court will consider these issues in turn. Petitioner is a successful party. The Court issued a writ of mandate, based on its conclusion that, while the Department has wide discret...
2018.6.14 Motion to Compel Responses 002
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.14
Excerpt: ...omatic stay does not apply in this case because he is the plaintiff. At some point, an issue may arise as to whether the trustee in bankruptcy wishes to pursue the claim, but that issue is not before the Court at this point.) ...
2018.6.7 Motion for Partial New Trial 718
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.7
Excerpt: ...ion by the Court that this would be inequitable is simply a result of the application of the case law to Travelers' theory, not an indication that evidence on that topic would have changed the result. With respect to the evidence of whether the subcontractor caused the damages, again, the issue arose from Travelers' theory of the case, which was that the evidence was not relevant, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HE...
2018.6.7 Motion to Set Aside Default, Judgment 002
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.7
Excerpt: ...days after service of a written notice of the default, whichever is earlier. Upon such a showing, the court may set aside the default as long as the lack of actual notice “was not caused by his or her avoidance of service or inexcusable neglect[.]” Defendant asserts that he did not receive notice until about December 27, 2017, when he received a notice of levy. He states that his secretary, who was running the office while he was working on j...
2018.6.7 Motion to Stay 941
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.7
Excerpt: ... not be dispositive of all or a significant number of the issues in the other matters. Second, any decision on the upcoming appeal would appear to be as much as two years in the future. Thus, waiting for that appellate result poses a significant risk of simply delaying the resolution of these matter without a substantial offsetting benefit. If all of the parties in any of these matters were to stipulate to a stay, the Court likely would grant the...
2018.6.7 Motion to Strike or Tax Costs 268
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.7
Excerpt: ... to an award to cover the costs of defense experts. (C.C.P. § 998(c)(1).) Such an award is discretionary, however. (“[T]he court … in its discretion, may require the plaintiff to pay a reasonable sum to cover postoffer costs of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary[.]”) Once the defendant files a verified memorandum of costs (which it did), it is plaintiff's...
2018.6.7 Motion to Tax Costs, for Prejudgment Interest, for Attorneys' Fees 689
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.6.7
Excerpt: ...claimed by the Kizors are subject to a similar analysis. Accordingly, the parties should restructure their claims to fit with that analysis, and meet and confer concerning narrowing of the issues. After that has been done, the Court will consider any remaining issues concerning particular cost items. 6. TIME: 9:00 CASE#: MSC09‐01689 CASE NAME: KIZOR ET AL V. REDIG ET AL HEARING ON MOTION TO/FOR AWARD OF PREJUDGMENT INTEREST FILED BY ALAN KIZOR,...
2018.5.31 Motion for Attorney Fees 157
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.5.31
Excerpt: ...er, is a more appropriate method of analysis. Counsel has offered relatively thin support for the use of the $700 hourly rate in calculating the lodestar amount. Assuming that the Court's determination starts with the submitted lodestar amount of $174,655, the total fee sought still amounts to a multiplier of 2.81. If a slightly lower hourly rate were used, the multiplier would be larger. While the case involved some degree of CONTRA COSTA SU...
2018.5.31 Motion for New Trial 268
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.5.31
Excerpt: ...ourt understands plaintiffs' view that their expert's testimony was more persuasive than that of defendant, there is no basis for setting aside the jury's verdict. With respect to the trial judge's ruling concerning the use of various photographs that were not included in the pre‐trial exhibit list, the ruling was well within the court's discretion. Even if the photographs had been provided in discovery, the pre‐ trial exhibit list is designe...
2018.5.31 Motion to Recover Attorney Fees 276
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.5.31
Excerpt: ...not disputed that Dr. Braunstein is the prevailing party for purposes of awarding fees and costs. Karkanen opposes by objecting to the amounts sought by Dr. Braunstein as fees and costs. Karkanen also opposes by contending that an award of fees and/or costs would be unconstitutional. Constitutionality of Awarding Fees and/or Costs Our Supreme Court already has considered and rejected the contention that awarding fees and/or costs to a party preva...
2018.5.24 Demurrer 564
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.5.24
Excerpt: ...y further amended complaint on or before June 28, 2018. Preliminary Matters. Defendants' request for judicial notice is granted. The Court has not considered plaintiffs' sur‐reply, which was filed without leave of court on May 21; the governing statute does not authorize the filing of a sur‐reply. (Code Civ. Proc., § 1005.) The Statute of Limitations. Defendants' demurrer is sustained with leave to amend as to all causes of action, insofar a...
2018.4.30 Petition to Confirm FINRA Award 296
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.30
Excerpt: ...rvice on behalf of a party. On March 16, 2018, Petitioners filed another proof of service by notice and acknowledgment under Code of Civil Procedure section 415.30, which did not rectify the problem. Nothing new has been filed CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/30/18 ‐ 6 ‐ since that time. Perhaps petitioner believed that the Court did not have the March 16, 2018 filing and that it remedied the pr...
2018.4.30 Motion to Strike 687
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.30
Excerpt: ...osta County (the “County”). For the reasons stated below, the Motion is granted without leave to amend. Code of Civil Procedure (“CCP”) section 436 permits the court to “strike out any irrelevant, false, or improper matter inserted in any pleading.” For a prayer for punitive damages to be valid, some basis for punitive damages must be pleaded. (Clauson v. Superior Court (1988) 67 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPART...
2018.4.30 Motion to Expunge Lis Pendens 448
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.30
Excerpt: ...E: 04/30/18 ‐ 9 ‐ recorded the lis pendens cannot establish the “probable validity” of the real property claim by a preponderance of the evidence. [CCP § 405.32] (See Castro v. Superior Court (2004) 116 Cal.App.4th 1010, 1017.) “Probable validity” of the claim for purposes of avoiding expungement means that it is more likely than not that the party who asserted the real property claim will obtain a judgment on the claim in his or her...
2018.4.30 Motion for Attorney Fees 413
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.30
Excerpt: ...on references certain settlement discussions. Ted objects on the ground that such discussions are inadmissible under Evidence Code section 1152. That section, however, “has no application where the evidence is not tendered as an admission of weakness by the party who settled or offered to settle, but for some other purpose.” (Lemer v. Boise Cascade (1980) 107 Cal. App. 3d 1, 9.) And as another court flatly proclaimed, “[c]ommunications made...
2018.4.30 Demurrer 536
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.30
Excerpt: ...��Oduah”). The SAC pleads causes of action for (1) breach of contract; (2) promissory estoppel; (3) negligent failure to fulfill promise; (4) breach of contract & interference with 3rd party beneficiary contract; (5) negligent misrepresentation in loan modification; (6) fraud; (7) violation of Bus. & Prof. Code § 17200 et seq.; (8) quiet title; and (9) declaratory relief. The Court notes that the Plaintiff has filed a “Notice of Partial Tent...
2018.4.30 Application for Right to Attach Order 286
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.30
Excerpt: ...tach order. A writ of attachment is a statutory remedy governed by CCP Section 484.090. Attachment is a harsh remedy because it causes the defendant to lose control of their property before the plaintiff's claim is adjudicated. See Martin v. Aboyan (1983) 148 Cal.App.3d 826, 831. Because of this, the statutory requirements are strictly construed. See Kemp Bros. Construction, Inc. v. Titan Electric Corp. (2007) 146 Cal.App.4th 1474, 1476. CCP Sect...

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