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2021.08.11 Motion for Leave to File Amended Complaint 087
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.11
Excerpt: ...all file and serve a new fourth amended complaint by September 15, 2021. The proposed fourth amended complaint does not currently comply with the ruling on the demurrer. Therefore, before the filing of the fourth amended complaint, the parties must do the following: Plaintiff will prepare a new proposed fourth amended complaint and serve it on Defendants by August 18, 2021 (service must include email so the Defendants can promptly review the chan...
2021.07.28 Motion for Summary Judgment 061
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.28
Excerpt: ... entered into a Business Loan Agreement with Plaintiff Retail Capital, LLC. Defendant Mohamed Baz, president of Cisco Medical, signed the Agreement on behalf of Cisco Medical. Defendant Mohamed Baz executed in writing a Personal Guaranty for the loan of $43.200. Defendant Cisco Medical became obligated to make daily payments of $206.94 until the sum of $59,184.00 was paid. Plaintiff alleges Defendant defaulted on the loan on or about July 20, 201...
2021.07.28 Demurrer 607
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.28
Excerpt: ...plaint no later than August 25, 2021. If Seddick does not file an amended cross‐ complaint by August 25, 2021 then Cross‐Defendants shall file and serve their answer by September 8, 2021. The Case Management Conference scheduled for August 19, 2021 is continued to September 30, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/28/21 ‐ 13 ‐ Seddick filed a cross‐complaint against the Plaintiffs / Cros...
2021.07.28 Demurrer 287
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.28
Excerpt: ...urrer is sustained as to the entire Second Amended Complaint (“SAC”) on two fully independent procedural grounds. The basis for this aspect of the Court's ruling is as follows. A‐1. Untabbed Exhibits. The voluminous exhibits to the SAC are not tabbed. This omission flouts the express instruction in the Court's ruling on the original demurrer, heard on May 20, 2020: Plaintiffs shall file and serve any amended complaint on or before June 19, ...
2021.07.28 Motion to Vacate Void Judgment 855
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.28
Excerpt: ...f real property in Antioch and an alleged failure to disclose the risk of flooding at the property. On July 6, 2009, Plaintiff obtained an order allowing for service by publication on Defendants Shulba and Hoffman. The Defendants were served by publication through the San Mateo Daily Journal with notice posted three times in that newspaper in July and August 2009. A default was entered against the Defendants on October 8, 2009. Other defendants n...
2021.07.21 Motion for Leave to File Doe Amendment 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.21
Excerpt: ...aintiff Kathleen Lewis alleges she tried to purchase a mobilehome located in a mobilehome park owned and operated by Defendant LH Concord Property, LLC ("LH Concord"). She alleges her residency application was improperly denied, that the owners of the mobilehome she wanted to purchase sold the mobilehome to another buyer, and Plaintiff was forced to purchase a more expensive mobilehome elsewhere. She alleges seven causes of action against LH Conc...
2021.07.21 Demurrer 937
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.21
Excerpt: ...24, 2018, when a tree branch on the property of Pepperhill fell on him as he was walking on an adjacent sidewalk. Pepperhill filed a Cross‐Complaint for Equitable Indemnity, Contribution, and Declaratory Relief against A Plus. A Plus demurs, arguing the Cross‐Complaint fails to state a cause of action for indemnity, is uncertain in failing to allege what A Plus did wrong, and, to the extent it is based on a contract, fails to state whether th...
2021.07.21 Demurrer 331
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.21
Excerpt: ...liability and (2) failure to warn. Plaintiff withdrew his claim for failure to warn and his request for punitive damages on June 18, 2021 but did not otherwise oppose Defendant's Demurrer. In that same filing, counsel for Plaintiff also stated “Plaintiff's own experts are in the process of conducting further tests” and that the “testing required purchase of new garage motors which will arrive June 18, 2021, with anticipated testing by July ...
2021.07.14 Motion for Summary Adjudication, for Leave to File SAC 047
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.14
Excerpt: ... damages that plaintiff can recover in this action. An intent to benefit Alpine is not clear from the face of the contract or from the extrinsic evidence that Alpine has filed. (Plaintiff's Additional Fact No. 1; contract attached as Alpine's Ex. A; Ex. B to Bowles Decl., Saleem Depo., at 61:3‐ 4.) This is not a ruling that as a matter of law Alpine is not a thirdparty beneficiary of Eaglelift's contract with plaintiff, only that the matter has...
2021.07.14 Demurrer, Motion to Strike 115
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.14
Excerpt: ...ant of Good Faith and Fair Dealing) Causes of Action. The demurrer is otherwise overruled. Any amended complaint shall be filed and served on or before August 4, 2021. Background Plaintiff Alannah Kull was a residential tenant at 3537 Walnut Avenue, Unit A in Concord from approximately September 1, 2018 to March 31, 2019, when Plaintiff was constructively evicted. She alleged substantial defective conditions existed at the Subject Property, which...
2021.07.14 Motion to Set Aside Default 787
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.14
Excerpt: ...attorneys' fees and for an order requiring Defendant to post an undertaking of $60,000 as a condition to vacating the default are both denied. Factual Background Creditors Adjustment Bureau, Inc. ("Plaintiff") filed a complaint for money on August 28, 2020 and filed a first amended complaint on October 14, 2020 against defendants Vista Development Enterprises, Inc. ("Vista") and the moving party, Mijosa, LLC. The first amended complaint demands $...
2021.07.14 Motion to Strike, Demurrer 087
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.14
Excerpt: ... of action and sustained with leave to amend as to seventh cause of action. Plaintiff may file and serve an amended complaint that only adds allegations for the negligence cause of action by August 18, 2021. This order does not address the pending motion for leave to file a fourth amended complaint, which may give Plaintiff leave to further amend her complaint. Farrah: Defendants argue that there are no factual allegations in the Third Amended Co...
2021.07.14 Petition to Confirm Arbitration Award 005
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.07.14
Excerpt: ...ner shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Tripathi. The proposed judgment shall attach a copy of the Final Award dated October 16, 2019 and the Post Arbitration Decision re Attorney's Fees and Costs dated December 7, 2019 as properly tabbed exhibits to the judgment. (Cal. R. Ct. 3.1110(f).) Factual Background This dispute arises out of a breach of a sublease with related claims (Pet. To Confirm...
2021.06.30 Motion to Strike Punitive Damages 697
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.30
Excerpt: ...fendants Jeff Anderson and Jeff Anderson & Associates PA published an attorney advertising brochure entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” Plaintiff's photograph, taken over 30 years ago is mistakenly included as the picture of “Fr. Edward F. Beutner.” Additionally, the Anderson Defendants held a news conference on October 23, 2018, during which pictures of the priests...
2021.06.30 Motion for Summary Judgment 225
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.30
Excerpt: ...as a matter of law. In citing the evidence supporting this ruling and including both disputed and undisputed material facts, the court generally accepts plaintiff's version of any disputed fact. In effect, the court is ruling that the dispute and plaintiff's additional facts are immaterial; the City prevails as a matter of law anyway. (See Defendant's Material Fact Nos. 1‐14.) Background This case arises out of an incident that occurred on Febr...
2021.06.30 Motion for Judgment on the Pleadings 815
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.30
Excerpt: ...& A Medical Supply Company, Inc., entitled “Consultant Pharmacist Corporate to Corporate Agreement” in which the plaintiffs agreed to provide pharmacist services to the defendant. (First Amended Complaint, hereinafter “FAC,” ¶4.) Plaintiffs performed under the contract and billed defendant. (FAC, ¶5.) Defendant breached the contract when it failed to pay plaintiffs' invoices from about April 2016 through May 2017. (FAC, ¶6.) Damages ca...
2021.06.30 Demurrer 695
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.30
Excerpt: ...ns set forth, the Court rules as follows: (a) the special demurrer to the FAC as a whole for uncertainty under Code of Civil Procedure § 430.10(f) by the USSPOSCO Defendants is overruled; (b) the general demurrer by UPI to the first and fourth causes of action under Code of Civil Procedure § 430.10(e) are overruled; (c) the general demurrer by USS and POSCO‐Cal to the first and fourth causes of action for failure to state a claim under Code o...
2021.06.16 Demurrer 127
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.16
Excerpt: ...(f), and for failure to state a claim on which relief can be granted under Code of Civil Procedure § 430.10(e). Plaintiff shall file her Second Amended Complaint by June 30, 2021. Background The Amended Complaint alleges claims for violation of the Song‐Beverly Consumer Warranty Act, Civil Code § 1790 et seq. ("Song‐Beverly Act") without identifying separate causes of action in the text of the pleading. (Am. Compl. ¶ 5.) Plaintiff alleges ...
2021.06.09 Motion to Amend Complaint 725
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.09
Excerpt: ...of Business and Professions Code section 17200, negligent / intentional misrepresentation, and declaratory relief. Defendant Ocwen opposes this motion. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) Leave to amend can be denied where there is “ ‘inexcusable delay and probab...
2021.06.09 Motion for Summary Judgment, Adjudication 997
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.09
Excerpt: ...granted with respect to the second, third, and fourth causes of action. Plaintiff fails to present evidence of fraud, negligent misrepresentation, and NIED, but as to the alleged breach of oral contract, defendants have failed to shift the burden to plaintiff and triable issues of fact exist. Background This is a dispute between twin brothers, plaintiff Derk Beal (“Derk” or “Plaintiff”) and defendant Derek Beal (“Derek” or “defendan...
2021.06.09 Demurrers 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.09
Excerpt: ...Amended Complaint (“FAC”) for (1) breach of contract; (2) negligent misrepresentation; (3) specific performance; (4) breach of the implied covenant of good faith and fair dealing; and (5) bad faith. 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) breach of contract: all three Liberty Mutual entities demur to this cause of action pursuant...
2021.06.02 Motion for Appointment of Receiver 810
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.02
Excerpt: ...y for convenience, the "Target Businesses"). For the reasons set forth, the motion for appointment of a receiver is denied, and the alternative motion for appointment of a monitor is also denied. Background On September 10, 2020, Plaintiff Janice Alamillo ("Janice") filed a complaint alleging 29 causes of action for conversion, fraud, breach of fiduciary duty, and other claims against Laurence Alamillo, her former spouse ("Larry"), the family com...
2021.06.02 Demurrer 401
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.06.02
Excerpt: ... Cause of Action. The amended complaint shall be filed and served on or before June 23, 2021. Background Plaintiff Land Home is engaged in the business of making, brokering, and servicing residential home loans. Defendant Ernesto Gomez was first hired by Land Home in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originator Employment Agree...
2021.05.26 Motion for Summary Judgment 467
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.05.26
Excerpt: ...a preliminary matter, the Estate requests the Court take judicial notice of the complaint in this matter. The request is denied. The complaint is part of the Court's file in this matter, and so judicial notice is superfluous. The Court may consider the pleadings in this matter in connection with deciding the MSJ. Legal Standard The Estate contends that this action has no merit under CCP section 437c(a)(1). Section CONTRA COSTA SUPERIOR COURT MART...
2021.05.26 Demurrer 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.05.26
Excerpt: ...t and second causes of action, with leave to amend, and otherwise overruled, as further discussed below. Any amended complaint shall be filed and served by June 4, 2021. Background In June 2015, parties entered into a lease agreement whereby Fitness International agreed to lease property from National Retail in order to operate a “health club and fitness facility.” (FAC, ¶14; see also Lease, Exhibit A to First Amended Complaint, at § 9.1.) ...

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