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2019.12.18 Motion for Relief Pursuant to CCP Section 473 255
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.18
Excerpt: ...fter notice to the other party, set aside any void judgment or order.” “The inclusion of the word ‘may' in the language of section 473, subdivision (d) makes it clear that a trial court retains discretion to grant or deny a motion to set aside a void judgment.” (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) A judgment is void on its face if the court lacked personal or subject matter jurisdiction. Such judgment is subject ...
2019.12.18 Demurrer 695
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.18
Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/18/19 ‐ 6 ‐ This is a wrongful eviction case. Plaintiff Karen Jackson is a 74‐year‐old woman who resided in the bottom floor of a three‐story home since 2011. (Complaint, ¶1‐2.) Defendants, John Philip Dolan and Hien Nguyen, were her landlords who lived upstairs. Plaintiff alleges, inter alia, that her art studio leaked when it rained, damaging her art sup...
2019.12.11 Demurrer 856
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.11
Excerpt: ...nt to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. Procedural Matters. A‐1. The Death of Neal McDonald. Plaintiff's counsel appears to be requesting the Court's advice on how to address the death of former plaintiff Neal McDonald. The Court declines to offer such advice, for two reasons. First, this is a hearing on a demurrer; there is no pending motion to substitute in a new party. Second, it is the ...
2019.12.11 OSC Re TRO 666
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.11
Excerpt: ..., LLC, signed the original five‐year lease in 2009 with the previous owner, James Fregosi. (See FAC, Exhibit A.) The lease required plaintiff to execute any estoppel certificate requested by the landlord. By its terms, that lease expired in 2014, but plaintiff had the option to extend for another five years, which it did. Plaintiff and Mr. Fregosi executed a formal amendment of the lease on June 29, 2015. (FAC, Exhibit B.) The amendment express...
2019.12.11 Motion to Vacate Sister State Judgment 381
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.11
Excerpt: ...t Agreement (“Agreement”). (Senn Dec., Exh. “A”.) The Agreement explicitly states that it is a purchase agreement, and not a loan: THIS IS NOT A LOAN. Merchant is selling a portion of a future revenue stream to VCG at a discount, not borrowing money from VCG. There is no interest rate or payment schedule and no time period during which the Purchased Amount must be collected by VCG. … (Id., p. 1.) The Agreement also states that it is gov...
2019.12.5 Motion for Writ of Mandate 201
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.5
Excerpt: ...2020 at 8:30 a.m. in Department 21. Petitioner requests that this Court compel the City of Walnut Creek to reinstate Permit B140273 and the October 9, 2014 revisions without any additional conditions, obligations or impediments. The Court's ruling is only as to Petitioner's claim for a writ of mandate. In October 2018, The Court granted a motion to bifurcate and ordered that the writ proceeding would be heard first, followed by the remaining lega...
2019.12.5 Demurrer 695
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.5
Excerpt: ...ificates, Series 2006‐3 (“Bank of New York”) (collectively, “Defendants”). The Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Robert Peralta, as Trustee of the Beatriz Peralta Revocable Trust (“Plaintiff” or “Peralta”). The FAC alleges causes of action for (1) violations of HBOR (Civil Code §§ 2923.5 and 2923.7); (2) violation of SBOR (Civil Code § 2920.7); and (3) violation of California's unf...
2019.12.5 Demurrer 371
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.5
Excerpt: ...n arbitration award from defendant John L. Valentine. It began with a complaint filed on July 15, 2016 alleging a single cause of action ‐‐ that Valentine had fraudulently conveyed a valuable real property located at 8010 Camino Tassajara in Pleasanton, California (the “Property”) to irrevocable trusts he had set up for his children to avoid paying plaintiff. Later, plaintiff added two causes of action for deceit, the Third and the Fourth...
2019.11.27 Demurrer 845
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.27
Excerpt: ...on: (1) Breach of Implied Warranty of Habitability; (2) Battery; (3) Negligence; (4) Nuisance; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Breach of Contract; and (8) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff's counsel, one of the defendants, G6 Hospitality Property, LLC, filed a demurrer to all causes of action except the third on the basis that th...
2019.11.27 Petition to Compel Arbitration 276
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.27
Excerpt: ...ndent. (Code Civ. Proc., §§ 1281.2(c), and 1281.4.) The basis for this ruling is as follows. A. Factual Background Petitioners were the buyers of residential real estate in Byron, California in early 2015. They bring this petition to compel arbitration with the seller (respondent, Christopher Derek CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/27/19 ‐ 2 ‐ McMullen) based on the form arbitration clause in t...
2019.11.20 Motion to Bifurcate Trial 077
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.20
Excerpt: ...th both Glover and the County. Again, barring a complete defense win, the County envisions a final trial on damages. Or, the County suggests the court impanel two different juries, the first jury trying the design immunity defense and then liability, and the second jury being sworn to hear the damages trial only if needed. The County maintains that both trifurcation and straight bifurcation with two different juries would result in judicial econo...
2019.11.20 Motion to Quash Subpoenas 811
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.20
Excerpt: ...commendations and sought to challenge some of them via motion to compel. In her motion to quash various subpoenas, she primarily challenged the recommendations as to cell phone records. To clarify the scope of the medical record subpoenas, her motion sought to quash the subpoenas “to the extent they seek records beyond what the discovery facilitator has recommended." In opposition, UPS agreed to limit the date range of the subpoenas. UPS did no...
2019.11.6 Motion to Enforce Settlement 821
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.6
Excerpt: ..., Defendant Christine Freeding, owns real property located at 910 El Pintado Road, acquired in 2015. A survey of the properties revealed Freeding's permanent improvements, including a driveway gate, walk‐in gate, areas of the sport court and landscaping encroached on Plaintiffs' property (“Encroachment Area”.) The parties reached a settlement on October 10, 2018. Defendant agreed to purchase from Plaintiffs all of the Encroachment Area prop...
2019.11.6 Motion for Summary Adjudication 077
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.6
Excerpt: ...oject”) and the 1992 Willow Pass Road Frontage Improvement Project (the “Improvement Project”). (Undisputed Material Fact No. 56; Disputed Material Fact Nos. 19, 52, 54, 57, 60, 61, 62; County's Additional Fact Nos. 15, 16, 19, 22, 24, 25, 26, 27, 37, 38, 39, 44; County's Ex. 3, Emigh Decl., ¶ 2, 3, 5, 6, , 7, 8, 9, 11, 12, 13, 14, 15, 18; Ex. 7, Kersevan Decl., ¶ 6, 7, 8, 9, 10; see also any additional evidence cited elsewhere this rulin...
2019.11.6 Motion for Relief from Default 181
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.6
Excerpt: ...ber 18, 2019. Defendant's counsel shall pay plaintiff's counsel $900 in compensatory attorneys' fees. Background Plaintiffs seek to reform their property grant deeds to include property vacated by the City of Richmond, which they claim they now own. (Opposition, 6:8‐7:24.) They filed the complaint for CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/06/19 ‐ 18 ‐ reformation and quiet title on January 28, 2019...
2019.11.6 Motion for Relief 255
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.6
Excerpt: ...ercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.' [Citation.] Code of Civil Procedure sections 473 and 473.5 authorize challenges to defaults and default judgments on various grounds within certain periods.” (Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 97.) Background Plai...
2019.11.6 Application for Right to Attach Order 191
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.6
Excerpt: ...rney fees of $8,700.00. As Defendant is not a natural person, Plaintiff seeks to attach “any property” of Defendant. Plaintiff has not filed an undertaking. Defendant opposes the application and contends it is entitled to an offset based on its counterclaims. At the outset, the Court notes that the Declaration of Avi Minkoff in support of the Application is printed on both sides, in violation of California Rule of Court, rule 2.102 and the ex...
2019.11.6 Motion to Contest Application for Determination of Good Faith Settlement 117
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.11.6
Excerpt: ... Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the TechBilt] factors as to be inconsistent with the equitable objectives of the statute.” (Tech‐Bilt, supra, 38 Cal.3d at 499...
2019.4.10 Motion for Default Judgments 619
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.4.10
Excerpt: ...nswered, and, moreover, has asserted affirmative defenses that, if proven, might prove a defense for the claims against Eastgate and Raman. (Cf. Adams Mfg. & Eng. Co. v. Coast Centerless Grinding Co. (1960) 194 Cal.App.2d 649, 655 (if it appears that the defaulting defendant's liability is dependent on the answering defendant being held liable, default judgment is not proper). Here, Volvo has pleaded defenses that the accident was entirely the fa...
2019.4.10 Motion for Summary Judgment 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.4.10
Excerpt: ... parties executed a lease which provided for a five‐year rental terminating on December 31, 2015. (Complaint, Exh. A.) Paragraph 52.1 stated: “Lessee shall have two (2) – five year options to renew the lease. Base Rent shall increase 2% annually during the Option terms.” No notice requirement for exercise of the option appeared in the provision. But the contract separately included a general notice provision that “[a]ll notices required...
2019.4.10 Demurrer 691
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.4.10
Excerpt: ...eliver petroleum products from about February 4, 2015 through June 14, 2017. Throughout his employment, Plaintiff was a non‐exempt employee. (Cmplt, paragraph 10) According to Robinson, SC Fuels denied him and other non‐exempt employees' the meal and rest breaks to which they were entitled. (Cmplt, paragraph 11) Based on his meal and rest break claims, Plaintiff contends that SC Fuels did not pay him and other non‐exempt employees all wages...
2019.4.10 Demurrer 207
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.4.10
Excerpt: ... Twenty hours later, the fire re‐ignited. (See Complaint, Exh. 1.) Subrogated to its insured, plaintiff now brings a claim against the District to recover amounts paid due to the rekindled fire. Plaintiff alleges that District personnel failed to inspect equipment and confirm that the fire had been completely extinguished. The District demurs on governmental immunity grounds. II. The demurrer based on governmental immunity is sustained. CONTRA ...
2019.3.27 Motion for Leave to File Amended Complaint 191
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.27
Excerpt: ... to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “ ‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048 (even assuming there is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/27/19 ‐ 2 �...
2019.3.20 OSC Re Preliminary Injunction 166
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.20
Excerpt: ...s ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/20/19 ‐ 17 ‐ A. Evidentiary Matters. A‐1. Judicial Notice. Defendants' request for judicial notice, filed on March 5, 2019, is granted. The Court further takes judicial notice of the full procedural history of plaintiffs' first civil action, as discussed below. (See, Notice of Related Case, filed on 2‐1‐19.) Plaintiffs' objection to ...
2019.3.20 Motion for Summary Judgment, Adjudication 956
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.20
Excerpt: ...:40 p.m. At the scene of the accident, Truong immediately complained of pain to her left shoulder and abdomen. (Fact 3 – Undisputed) Truong was taken to the Emergency Department at Defendant John Muir Medical Center in Walnut Creek by paramedics. Plaintiff complained of pain to her abdomen, left shoulder, neck and low right lower quadrant. (Fact 4 – Undisputed) Truong was seen in the Emergency Department by Eric Kenly, M.D. and trauma surgeon...
2019.3.20 Demurrer, Motion to Strike 891
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.20
Excerpt: ...ntiff Donna Cooper and Plaintiff Tommy G. Cooper (collectively, “Plaintiffs”). The SAC pleads causes of action for (1) violation of Consumer Credit Reporting Agencies Act; (2) slander; (3) libel; (4) intentional interference with prospective economic advantage; (5) negligent interference with prospective economic advantage; (6) declaratory relief; and (7) violation of Bus. & Prof. Code § 17200 et seq. For the following reasons, the Demurrer ...
2019.3.13 Demurrer 701
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ...er compensation for allegedly working out of classification from June 15, 2017 until September 18, 2017. (Amended Petition, paragraph 74) Mark Peterson (“Peterson”) resigned as District Attorney on June 14, 2017. (Amended Petition, paragraph 67) Petitioner contends that he discharged the duties of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/13/19 ‐ 8 ‐ District Attorney, “with like authority and ...
2019.3.13 Motion for Judgment on the Pleadings 035
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ... for the writ of mandate will be continued from Monday, March 25, 2019, at 9 a.m., to Wednesday, March 27, 2019, at 1:30 p.m., in this Department. 2. The parties are each permitted to file one final brief before the March 27th hearing, not to exceed fifteen pages in length. The briefs should address why or why not a writ should be issued, making sure to cite the pages in the administrative record that support the arguments. The parties should not...
2019.3.13 Motion to Amend Complaint 077
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ...ause of action for dangerous condition of public property against Contra Costa County. The motion is granted. “The court may . . . , after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” (Code Civ. Proc. § 473.) “[I]t is a rare case in which ‘a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his ca...
2019.3.13 Motion for Judgment on the Pleadings 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ...iff Manijeh Peyvan alleges the accident occurred on N. Civic Center Drive at Brio Drive in Walnut Creek. Defendant Shabir Ahmad operated the motor vehicle involved in the collision. Plaintiff alleges the vehicle operated by Defendant was owned/entrusted by EAN Holdings, LLC and Enterprise Rent‐a‐Car of San Francisco, LLC. Pursuant to Cal. Code of Civil Procedure (“CCP”) § 438, Defendants move for judgment on the pleadings on the ground P...
2019.3.6 OSC Re Preliminary Injunction 027
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.6
Excerpt: ...as only to be avoided by issuance of the injunction. [Citation.]" (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) The purpose of the preliminary injunction, theoretically, is to preserve the status quo and prevent irreparable harm pending trial on the merits. (White v. Davis (2003) 30 Cal.4th 528, 554.) For the reasons below, the Court in its discretion, finds a preliminary injunction shoul...
2019.3.6 Motion to Strike (Anti-SLAPP) 975
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.6
Excerpt: ...ep process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least ‘minimal merit.' [Citations.]” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1061; see also, Baral v. Schnitt...
2019.3.6 Motion to Not Amend Complaint to Quiet Title 245
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.6
Excerpt: ... to Plaintiff's Complaint for quiet title. With respect to Plaintiff's motion, the Court may not entertain a Motion for Reconsideration absent a showing of new or different facts, law, or circumstances. Code of Civil Procedure § 1008(e); Le Francois v. Goel (2005) 35 Cal.4th 1094, 1101‐04 (provisions of CCP § 1008 are jurisdictional in relation to a party's motion). The Court has carefully reviewed Plaintiff's papers and they do not identify ...
2019.3.6 Motion for Reconsideration 607
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.6
Excerpt: ...Code §§ 452, 453. On reply, Plaintiff requests judicial notice of an unspecified criminal proceeding purportedly against the Defendant, but provides no case number or case name or other identifying information. The request is denied. Analysis The Court may not entertain a Motion for Reconsideration absent a showing of new or different facts, law, or circumstances. Code of Civil Procedure § 1008(e). The requirements of Code of Civil Procedure �...
2019.2.27 Motion to Strike 995
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ... of his employment with Mr. Copy, Inc., an insured of Plaintiff Hartford Accident & Indemnity Company. Plaintiff‐in‐Intervention James H. Stehr (“Plaintiff” or “Stehr” herein) was injured on November 25, 2014, when his car was struck from the rear by Defendant Judith Lindsay. The car striking Stehr was co‐owned by Defendants Judith Lindsay and Ladd Lindsey. Stehr filed his complaint for damages, including punitive damages, on March ...
2019.2.27 Motion for Judgment on the Pleadings 221
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ...e in a row that Plaintiff's opposition has failed to include a table of contents and authorities despite submitting a memorandum that is over 10 pages. (See, CRC 3.1113(f). The Court pointed this failure out in its ruling on the doctor defendants' demurrer to the SAC. It is perplexing that Plaintiff's attorney continues to violate this rule. Any further violations of this rule or other applicable Rules of Court may result in sanctions. Before fil...
2019.2.27 OSC Re Preliminary Injunction 487
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ...MENT: 21 HEARING DATE: 02/27/19 ‐ 15 ‐ (collectively, TPP) could purchase and develop real property at 2 Ramon Court in Danville. TPP had acquired some funding from defendant Triumph Capital Properties, but Triumph could not fund the entire amount. So TPP made a written offer to Polgar whereby Polgar would fund the bridge loan in return for a 51% interest in the property. Polgar agreed and entered into a related partnership agreement with TPP...
2019.2.27 OSC Re Preliminary Injunction 287
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ...“Defendants”). Plaintiff filed a First Amended Complaint on November 21, 2018 as well as an ex parte application for temporary restraining order. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) set aside trustee sale; (2) cancellation of trustee deed; (3) quiet title; (4) breach of oral contract; (5) breach of written contract; (6) wrongful foreclosure; (7) promissory estoppel; (8) negligence; (9) negligent...
2019.2.20 Demurrer 057
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...ch 22, 2019. The basis for this ruling is as follows. A. Preliminary Matters. The exhibits to the declaration of Hooman Yavi, filed on November 26, 2018, are not CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/20/19 ‐ 9 ‐ tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) Cross‐defendant is directed to tab its exhibits in all future filings. Despite the efforts of cross‐defendant's counsel, cross�...
2019.2.20 Demurrer 931
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...of action on the terms stated below or as requested on page 5, lines 9‐14, of his Opposition. If plaintiff chooses to amend, any amended complaint shall be filed and served on or before March 1, 2019. If plaintiff does not amend, defendant Raymundo shall file and serve her Answer on or before March 15, 2019. The SAC alleges the following. On February 27, 2010, defendant, Melissa Raymnudo, signed and subsequently recorded a Memorandum of Option ...
2019.2.20 Motion for Interlocutory Judgment of Partition 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ... October 22, 2013. According to his will and court order of June 17, 2014, his estate was to be divided among his three adult sons—John H. Quihillalt, Richard R. Quihillalt, and David E. Quihillalt. Plaintiff John Quihillalt, and Defendants David E. Quihillalt, Richard R. Quihillalt, and Sandra Millard are co‐owners of real property located at 3220 Camino Diablo, Lafayette, California. The property is made up of three separate tax parcels. (A...
2019.2.20 Motion for Summary Judgment, Adjudication 231
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...ship on the property at 1125 Detroit Avenue. At the time of the incident, plaintiff also leased 1121 Detroit Avenue, which he now owns. Both were used as part of plaintiff's business. At some point in 2016 (the record is unclear), Donald White parked a trailer on defendant's property and lived in it. On June 18, 2016, at around 8:00 p.m., a fire broke out from this trailer, damaging both properties and two vehicles. Both businesses were closed fo...
2019.2.20 Motion to Amend Judgment to Correct Clerical Errors 581
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...nctions.” The motion is granted to the extent described below. The motion has two parts. The court will address the Discovery Order part first. 1. Discovery Order filed September 19, 2018. Code of Civil Procedure section 473 (d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of ...
2019.2.20 Motion for Change of Venue 577
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...a County. Because plaintiffs allege the existence of a settlement agreement that contains a provision selecting Alameda County as the proper venue, the motion is granted. Code of Civil Procedure section 395.5 provides the possible venue options for an action against a corporation: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occu...
2019.2.13 Demurrer 107
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ... is not pled with particularity against Foshay. From the Complaint, it is clear that Plaintiff entered into a written purchase order for commercial solar modules with Defendant Kodiak Moon Corporation (“Kodiak Moon”). The material terms of the purchase order were: that Kodiak Moon would supply Plaintiff with 2,664 units of SPR‐E19‐ 320w Sunpower Modules at a cost of $192.00 per unit, for a total price of $511,488.00. (Cmplt, paragraph 11 ...
2019.2.13 Demurrer 327
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ...that remain in the TAC on or before March 13, 2019. If there is a further meet and confer, defendant shall state specifically whether the meet and confer occurred in person or by telephone, pursuant to CCP § 430.41 (a) and (a)(3)(A). This is a case involving damage caused by a fire that started in the City of Antioch's Los Medanos Spillway and Wasteway (the “Wasteway”) and spread to property owned by plaintiff's insured, Roem Corporation. Ro...
2019.2.13 Motion for Summary Judgment, Adjudication 021
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ...m. A‐1. The Written Contracts. Plaintiff Cypress has failed to negate the existence of a triable issue of fact concerning the $ 150,000 bond premium it seeks to recover as breach of contract damages. There is no contractual language, either in the master contract or in the three subject purchase orders, suggesting that such a premium can fairly be characterized as part of the “price” to be paid for the subject solar modules. (See, Cal. U. C...
2019.2.13 Motion to Strike 685
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ...ince defendant has never been convicted of a felony. Further, reference CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/13/19 ‐ 7 ‐ to criminal conduct involving theft is not pertinent to the cause of action because the particular risk complained of here is sexual harassment, not theft. See Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054. To the extent plaintiff suggests that she would like to introduce...
2019.2.7 Motion to Strike Complaint 093
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.7
Excerpt: ... of petition or free speech under the United States Constitution or California Constitution in connection with a public issue.” See CCP Section 425.16(b)(1) The claim may appear in a complaint, petition or cross‐complaint. See CCP Section 426.16(h); Kajima Engineering & Construction, Inc. v. City of Los Angeles (2002) 95 Cal.App.4th 921, 929. Here, the Cross‐Complaint of Defendant/Cross‐Complainant, Justin Mendoza, (“CrossComplainant”...
2019.2.7 Demurrer 595
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.7
Excerpt: ...) I. Prior Good Faith Settlement Determination EBMUD once again argues that the good faith settlement in the consolidated actions does not bar this case. In its good faith order, the Court stated: “[Sharjo] is entitled to the fullest protection afforded by Code of Civil Procedure section 877.6(c).” (March 21, 2017 Good Faith Settlement Order in Consolidated Case No. C15‐01227 [Order], p. 1.) The Court declined at the time to rule on the ind...

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