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2021.11.17 Motion for Summary Judgment, Adjudication 721
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.17
Excerpt: ...ORNIA DEPARTMENT: 21 HEARING DATE: 11/17/21 ‐ 10 ‐ 2) Violation of Government Code §12940(j) – Failure to Prevent Discrimination, 3) Intentional Infliction of Emotional Distress, and 4) Retaliation and Harassment. As set forth below, Defendant's motion for summary judgment denied. The motion for summary adjudication is GRANTED IN PART and DENIED IN PART. A. General Factual Background Plaintiff is a Hispanic male who has been employed by Ga...
2021.11.17 Demurrer 465
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.17
Excerpt: ...f action, but sustained as to the third and fourth causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and served on or before December 1, 2021. Background This case was originally filed in April 2021 as an unlawful detainer, but as tenant has surrendered possession, the case is primarily a ci...
2021.11.17 Motion for Summary Judgment 697
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.17
Excerpt: ...exual abuse committed by Catholic priests, Defendants Jeff Anderson and Anderson & Associates produced a written “report” entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” The report identified approximately 212 priests in the Bay Area who had been accused of sexual misconduct. (UMF No. 13.) Plaintiff's photograph, taken over 30 years ago, was mistakenly included as the picture o...
2021.11.10 Motion for Summary Judgment 051
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.10
Excerpt: ...esponded to a marketing solicitation from defendant Seneca One, LLC. Defendant Nicholas Hruda, who told plaintiff he was vice president, communicated with plaintiff and met with her in person, falsely claiming to be an estate and wealth manager. Defendant Hruda recommended a structured settlement arrangement by which plaintiff would sell some or all of her interest in her lottery proceeds in exchange for a lump sum payment. Hruda proposed to help...
2021.11.10 Demurrers 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.10
Excerpt: ...LLC; AAHS San Pablo, LLC; AAHS Management, LLC; A&A Living, LLC, A and A Senior Living Management, LLC; and DOB Holdings, LLC (collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Therea...
2021.11.03 Petition to Compel Arbitration and Stay Proceedings 551
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...new arbitration will be consolidated with an already‐pending arbitration between plaintiffs and the sellers. Neither side, however, has provided legal authority that the Court has jurisdiction to compel such a consolidation. (Compare Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [the trial court has almost no jurisdiction over a pending arbitration].) Whether such a consolidation takes place would appea...
2021.11.03 Motion to Strike Punitive Damages 055
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...ould plaintiff opt not to amend at this time, Gonzaga's time to answer will run from November 15, 2021. Background and Motion In his complaint, plaintiff Terrence Oniell Brewer alleges that Gonzaga was driving recklessly, speeding, and following plaintiff too closely, which resulted in Gonzaga rear ending plaintiff's vehicle, which was properly stopped at a red light. (First Amended Complaint, “FAC,” p. 5.) After the collision, Gonzaga fled t...
2021.11.03 Motion to Stay Civil Proceedings 907
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...ifth Amendment rights are implicated.  The interest of the plaintiff in proceeding expeditiously with the litigation.  The burden which any particular aspect of the proceedings may impose on defendants.  The convenience of the court in the management of its cases, and the efficient use of judicial resources.  The interests of persons not parties to the civil litigation.  The interest of the public in the pending civil and criminal ...
2021.11.03 Motion for Summary Judgment 267
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...vely, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the Park District for (4) nuisance, (5) withdrawal of lateral support, (6) inverse condemnation, and (7) dangerous condition of public property. For the following reasons, the Park District's MSJ is denied. General Factual and Procedural Background In light of the discrepancy between the Defendant's Separate Statement in support of their motion ...
2021.11.03 Demurrer 261
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...nts were evicted and vacated the property shortly before Ronald Scott was injured at the property, allegedly as a result of a dangerous condition left by Defendants. Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate and he later died from his injuries. Plaintiff Republic Indemnity Company of America provided workers' compensation insurances to Scott's employer. Demurrer Defendants Michael Seals and All Custom Mobile...
2021.10.27 Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.27
Excerpt: ... action are sustained, with leave to amend in accordance with this ruling. Factual Background Plaintiff Vyacheslav Viner ("Slava") alleges his doctor defendant Ramon Beguer, M.D. committed professional practice in performing Slava's hernia surgery and his treatment. Plaintiff alleges the Contra Costa Regional Medical Center ("medical center") is vicariously liable for Dr. Beguer's negligence as his employer. The County is appearing on behalf of t...
2021.10.20 Motion for Preliminary Injunction 810
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The Moving Parties contend Janice Alamillo is wrongfully interfering with the sale of the Property to a third party that was scheduled to close on September 20, 2021. Moving ...
2021.10.20 Demurrer 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...od was 32 when she died on July 1, 2020 at John Muir Medical Center in Walnut Creek, CA. (FAC, X, Ex. 1.) Plaintiff Anne McLeod was at her daughter's bedside, as was a nurse who had been caring for Erin prior to her death. (Ibid.) Erin had been at the medical center since June 20, 2020, when she was admitted for abdominal pain attributed to acute colitis. (FAC, IX.) After Erin's death, plaintiff asked the nurse to identify the cause of death, but...
2021.10.20 Motion for Summary Judgment, Adjudication 291
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...een completed, and the Court now tentatively rules on the MSJ. By way of a brief introduction, this cases arises from Moran's tenure as the Director of Tennis at the Club. Moran succeeded Sue Leo, who had been the Club's longtime Director of Tennis. It is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 12 ‐ undisputed that in late 2017, Leo decided to retire from the Director position. Leo did not, how...
2021.10.20 Motion for Summary Judgment, Adjudication 125
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...nd was then terminated from her position at the company. Defendant moves for summary judgment or alternatively summary adjudication of the following causes of action: (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of FEHA, (3) FEHA discrimination, (5) failure to prevent discrimination CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 4 ‐ and harassment, and ...
2021.10.20 Motion to Compel Binding Arbitration 127
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ..., Civil Code § 1790 et seq. ("Song‐Beverly Act") based on Hyundai's breach of its express warranties and implied warranties. Plaintiff alleges she purchased a 2016 Hyundai Tucson that is defective. Plaintiff alleges that "[u]pon [her] purchase of the Subject Vehicle Defendant HYUNDAI issued an express warranty to Plaintiff, which Defendant undertook to preserve or maintain the utility or performance of the vehicle." (2AC ¶ 11.) She further al...
2021.10.13 Motion to Strike FAC 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...
2021.10.13 Motion to Quash, for Sanctions 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...
2021.10.13 Demurrer 411
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...
2021.10.13 Demurrer 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ... Amended Complaint (“SAC”) for (1) conversion; (2) fraudulent deceit; (3) breach of contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) negligence; and (7) intentional infliction of emotional distress. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) conversion: all three Liberty Mutual entities demur to...
2021.10.13 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...mmercial premises in Antioch and for unpaid rent under its lease with Empire. On October 3, 2019, defendant Shareen Naz Adair filed a voluntary petition under Chapter 7 of the Bankruptcy Code, asserting that she was doing business under the fictitious business name iCandy Ventures and that the lease was an asset of her Chapter 7 bankruptcy estate. (RJN Exh. 1.) In its FAC, Empire alleges that Empire and Ms. Adair entered into a written lease for ...
2021.09.29 OSC Re Preliminary Injunction 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...ng any portion of the areas of the property in dispute in this litigation, namely the 28' wide strip of land between 20 Alwin Road and Homestead Avenue, and the entirely of the property located at 1000 Homestead Avenue. 2. Trespassing upon any portion of the property commonly known as1000 Homestead Avenue in Walnut Creek, California. This injunction does not prohibit Greg Hart and Kristin Hart from constructing or repairing a fence along their pr...
2021.09.29 Motion for Summary Judgment 075
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...parate treatment of Plaintiff on account of her age and perceived disability. Cavallo showed clear favoritism to another younger employee with same job classification, which ostracized Plaintiff. Plaintiff went out on medical leave on February 18, 2019 and did not return to work for Honda. Motion Defendant Honda Finance Corp. brings this motion for summary adjudication of issues on the ground the claims fail as matter of law. Summary Judgment/Adj...
2021.09.29 Motion for Summary Adjudication 477
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...n count causes of action fail. Legal Standard Applicable to Summary Judgment Homeowners contend that this action has no merit because, they say, Contractor cannot establish that he suffered any damages as a result of Homeowners' alleged breach of contract. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action ha...
2021.09.29 Demurrer 725
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...the following claims against it for the failure to allege sufficient facts to state a cause of action: (8) declaratory relief, (9) breach of contract, (10) breach of the covenant of good faith and fair dealing, (11) negligence, (12) violation of 12 U.S.C. section 2061, (13) violation of Business and Profession Code section 17200, (14) negligent / intentional misrepresentation and (15) declaratory relief. As to causes of action 9 and 10, Ocwen als...

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