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2018.12.20 Motion to Contest Good Faith Settlement, Demurrer 614
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.20
Excerpt: ...ARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/20/18 ‐ 2 ‐ Code of Civil Procedure §877.6. (Going forward, Ghoneim and Chiba will be referred to as “Ghoneim”.) The party claiming that a settlement is not in good faith under Code of Civil Procedure §877.6 has the burden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1...
2018.12.13 Motion to Dismiss Action 014
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.13
Excerpt: ... of interest by the major shareholders who were looking for a quick cash‐out. Specifically, they alleged that the proxy statement issued by Abaxis was inadequate. Plaintiff filed moving papers seeking a temporary restraining order blocking the sale. The matter was set for hearing more than once, but was never heard. On October 5, 2018, plaintiff filed a motion to approve dismissal of the action pursuant to Code of Civil Procedure section 581(b)...
2018.12.13 Motion for Post Judgment Attorney's Fees 689
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.13
Excerpt: ...of the judgment. (C.C.P. §§ 685.070, 685.080.) The Kizors seek $64,554.03. They also set forth the amount of the total judgment (after some corrections). The total number still needs to be confirmed. For example, the Kizors' papers state that the Court awarded them $72,336.53 in costs. (Kizor MPA, p. 3, line 4.) In the Court's order of September 20, 2018, however, the Court found total costs for the case of $72,527.77, but awarded only $24,175....
2018.12.13 Petition to Appoint Neutral Arbitrator 512
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.13
Excerpt: ...l be followed. If not, the parties “may agree on a method of appointing an arbitrator and that method shall be followed.” In the absence of an agreed method, or if the agreed method cannot be followed, “the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator.” Even then, the Court does not select an arbitrator, but “shall nominate five persons from lists of persons supplied jointly by the parties to ...
2018.12.6 Motion to Dismiss Complaint for Failure to Prosecute 453
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.6
Excerpt: ...sons, including mediation. Sticking to the most recent trial settings, trial was set for June 25, 2018, i.e., within the five‐year period. On April 26, 2018, the Court, on its own motion notified the parties that the trial was continued to July 30, 2018. This was based on unavailability of the Court, although the order did not so state. On June 14, 2018, the Court again continue the trial date, this time to August 6, 2018, again based on unavai...
2018.12.6 Motion for Monetary Sanctions 882
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.6
Excerpt: ...ed imposition of sanctions. In the previous motion, moving parties sought $24,173.50. In this motion, moving parties actually seek CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/06/18 ‐ 8 ‐ more sanctions, $27,653.66, apparently due to the cost of preparing this motion in addition to the last motion. As to the history of the matter, Judge Goode held hearings about discovery on January 11, February 15, and Apr...
2018.12.6 Motion for Summary Judgment 668
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.6
Excerpt: ...only remaining claim of the FAC is for negligence. Defendant moves for summary judgment on two grounds: (1) that the statute of limitations bars Plaintiff's claims; and on the separate and independent ground that (2) Plaintiff cannot prove his alleged exposure to emission from the refinery caused his alleged injuries. For the following reasons, the MSJ is denied. Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide ...
2018.11.29 Motion for Approval of PAGA Settlement 051
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.29
Excerpt: ...urt. The parties should be prepared to address whether that is proper. Until that issue is resolved, the Court is not inclined to proceed with the motion. If that issue can be resolved, the Court offers the following observations. Legal Standards: The Legislature's express command that PAGA settlements be approved by the court necessarily implies that there is some substantive dimension to the review. See Labor Code Section 2699(l). The Court's r...
2018.11.29 Demurrer 571
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.29
Excerpt: ...rces, Inc. (“Cross‐Defendant or “IR”) demurs to the all causes of action alleged against it on the ground Cross‐Complainant failed to file a certificate of merit, pursuant to CCP § 411.35. The certificate must be filed before or concurrently with the complaint or cross‐ complaint. Failure to file a certificate is a ground for demurrer or motion to strike. (Price v. Dames & Moore (2001) 92 Cal.App.4th 355, 359‐360; CCP § 411.35(g)....
2018.11.29 Motion to File an Undertaking, to File Under Seal Joinder 815
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.29
Excerpt: ...l is not a California resident, and therefore is not protected by the statute. As to Union Oil, plaintiffs argue that defendants have failed to separate costs involving Ashland from those involving Union Oil. In addition, plaintiffs argue that the specific costs requested are not shown to be reasonable and recoverable. Finally, they argue that defendants have not shown a reasonable possibility that they will prevail. They do not argue that they a...
2018.11.29 Motion for Summary Judgment 533
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.29
Excerpt: ...opposition, which the Court has reviewed. Plaintiff is entitled to reply at the hearing. Accordingly, the Court sets forth tentative views based on the papers filed to date, and the parties must appear. Plaintiff moves for summary judgment, asserting that this is a straight‐forward postforeclosure unlawful detainer, i.e., that the plaintiff foreclosed on the property in a non‐judicial foreclosure complying with all statutory notice requiremen...
2018.11.29 Motion for Reconsideration 953
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.29
Excerpt: ... Goel (2005) 35 Cal. 4th 1094, 1105, n. 4.) In this instance, Jarboe points out that the Court's prior decision contains an erroneous statement of fact, i.e., that Parr had not given a PAGA notice to the LWDA at an important time in the process. Indeed, Parr had given such a notice on September 21, 2017, a fact not contested by the opposing parties. This affected the Court's reasoning, because, as the order stated, “with proper notice to all co...
2018.11.15 Motion for Stay of Proceedings 470
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.15
Excerpt: ...R COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 11/15/18 ‐ 4 ‐ The Court will send out a separate e‐filing order in the near future. The parties, as well as support staff involved in e‐filing, are urged to review that order carefully and abide by its terms. The Court notes that in the stipulation and order filed on October 19, 2018, the parties stipulated to consolidate three related derivative actions. As part of this stipulati...
2018.11.15 Demurrer 001
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.15
Excerpt: ...quirements for taking a lump‐sum rollover of her 30‐year accrued retirement as an employee of the Alameda County Superior Court (Alameda Court). She alleges that she was told the process for calculating her final retirement benefit would take months, that in the meantime she could take monthly benefits, and that once the calculations were done she could take a lump‐sum rollover. Her later request for rollover was denied based on her initial...
2018.11.1 Motion to Compel Binding Arbitration 684
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.1
Excerpt: ...ted. The court received Defendant's supplemental papers. Plaintiffs filed their supplemental papers 5 days late. The court has considered all papers. I. THE ARBITRATION AGREEMENT IN THE RELEVANT CC&R'S IS SUBJECT TO THE FEDERAL ARBITRATION ACT The Federal Arbitration Act (“FAA”), 9 U.S.C. Section 2, provides, in part, that a “written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controver...
2018.11.1 Motion for Summary Judgment 102
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.1
Excerpt: ...ATE: 11/01/18 ‐ 8 ‐ Background This multi‐plaintiff construction defect case concerns several homes in Oakley built by Meritage. Plaintiffs own one of them: 124 Copper Knoll Way. Their sellers, John and Denise Aragon, brought a construction defect case against Meritage in 2010. (Separate Statement of Undisputed Material Facts [“SSMF”] No. 1.) While the Aragons do not appear to have signed the relevant settlement agreement, they dismisse...
2018.11.1 Motion for Leave to File Amended Complaint 153
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.1
Excerpt: ...leave to amend. Teichert was aware that “weld discontinuities” might have constituted a breach of the warranty of fitness in March 2018, but did not bring its motion for leave to amend until September 2018. (Hilberg Dec., Exh. 2 [response to form interrogatory 314.2].) However, the Court also finds that cross‐defendant Northwest Pipe Company has not demonstrated substantial prejudice. (See, Mesler v. Bragg Management Co. (1985) 39 Cal.3d 29...
2018.11.1 Demurrer, Motion to Strike 459
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.11.1
Excerpt: ...efense – sustained, without leave to amend. Second affirmative defense – sustained, without leave to amend. Third affirmative defense – sustained, with one opportunity to amend. Sixth affirmative defense – overruled. Seventh affirmative defense – sustained, with one opportunity to amend. Eighth affirmative defense – overruled. Ninth affirmative defense – overruled. Tenth affirmative defense – sustained, with one opportunity to ame...
2018.3.12 Motion for Attorney's Fees 816
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ...al requested is $9,550 for 19.1 hours by Michael S. Burk (at $500 per hour), $29,980 for 82.8 hours of work by Emily Fowler (at $350 per hour), and $3,553.31 in CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/12/18 ‐ 8 ‐ costs. Plaintiff argues that the request is excessive because the hourly rates are too high and the hours include time spent on matters other than the Anti‐SLAPP motion. Plaintiff argues tha...
2018.3.12 Demurrer 346
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ...tentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship, and (5) resulting damage. See Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126. Subtronic previously demurred to this cause of action on two grounds: (1) elem...
2018.2.26 Motion in Opposition to Tentative Ruling 293
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.2.26
Excerpt: ...extent that the motion may be treated as a motion to reconsider under Code of Civil Procedure section 1008, it is untimely. 2. TIME: 9:00 CASE#: MSC16‐01293 CASE NAME: SCHORNO VS. GANN‐DESIMONE HEARING ON MOTION FOR REQUESTING CHANGE OF CCC JUDGE, VENUE OR DISMISSAL / FILED BY NANCY S. GANN‐DESIMONE * TENTATIVE RULING: * Defendant's motion Requesting Change of CCC Judge, or Change of Venue, or Dismissal of Case” is denied. To the extent t...
2018.2.5 Demurrer 536
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.2.5
Excerpt: ...; (3) negligent failure to fulfill promise; (4) fraud; (5) negligent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/05/18 ‐ 10 ‐ misrepresentation in loan modification; (6) violation of Bus. & Prof. Code § 17200 et seq.; (7) quiet title; (8) declaratory relief; and (9) injunctive relief. Defendant demurs pursuant to Code Civ. Proc. § 430.10(e) through (g) on several grounds. The Court notes that many of the...
2018.2.5 Demurrer 966
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.2.5
Excerpt: ...ty was valued at $2.8 million, that the property was to be an investment property, sold quickly, that Longmire would not reside there, and that Longmire's income was $21,000 per month or more. (Complaint ¶ 10.) These misrepresentations allegedly induced Plaintiff to loan Longmire and Roesner $1.85 million. (¶ 13.) The loan went into default, and Plaintiff acquired the property at a nonjudicial foreclosure sale. (¶ 15.) Plaintiff seeks damages ...
2018.2.5 Motion for Sanctions 293
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.2.5
Excerpt: ... sanctions, it was improper and frivolous. (Defendant had previously sought reconsideration of one of the sanction awards, which was denied.) Moreover, although the ostensible basis of the motion to release lien was that the property was not owned by Defendant, but by Star Wars Revocable Living Trust, no evidence was submitted showing that the trust actually owns the property. Finally, if a sale of the property was recorded before the abstract of...
2018.2.5 Motion for Summary Judgment 456
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.2.5
Excerpt: ...dismissal of co‐defendant Special Default Services, Inc., which has filed a declaration of non‐monetary status. A. Procedural Problems. 1. The Moving Papers. There are several procedural problems with the moving papers filed on November 13, 2017. These include the following. First, defendant Trinity refers to evidence that has not been supplied to the Court. The separate statement refers to a “Declaration of Johnelle Gomez,” and various e...

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