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2023.07.31 Motion to Compel Arbitration and Stay Proceedings 780
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...ure to provide accurate itemized wage statements; (4) failure to produce employee file; (5) disability/perceived disability discrimination; (6) age discrimination; (7) work environment harassment; (8) retaliation; (9) failure to prevent harassment, discrimination, and retaliation; (10) retaliation; (11) failure to prov-de reasonable accommodation; (12) failure to engage in good faith interactive process; (13) unfair and unlawful business practice...
2023.07.31 Demurrers, Motions to Strike 019
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...ection 430.10(e), the complaint does not state facts sufficient to constitute a cause of action. Plaintiff alleges that he is a dependent adult and went to John Muir for severe back pain on October 12 at 9:49 a.m. (Comp. On October 14 at 12:45 p.m., Plaintiff had an MRI and saw a neurosurgeon who confirmed a large disc herniation at Ll-2 on the MRI. The neurosurgeon immediately recognized the need for back surgery to decompress Plaintiff's cauda ...
2023.07.31 Demurrer to FAC 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...scussion Legal Standard "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity...
2023.07.24 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.24
Excerpt: ...Relevant Procedural History Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) B...
2023.07.24 Motion for Summary Adjudication 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.24
Excerpt: ...urphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In the discussion that follows "the Murphys" includes both Kerry and Margaret Murphy, Kerry's estate and the family trust unless otherwise noted. This case involves a commission allegedly owed to...
2023.07.03 Motion to Strike 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.03
Excerpt: ...This is a property case wherein plaintiffs gave the City easements over their land. They claim the grants were the result of fraudulent inducement by the City. The City essentially told them the easements already existed and needed to be modified. Plaintiffs deeded what they believed were modified easements, but learned in 2019 that the City had no easement rights pursuant to a settlement with a prior owner, and the City had misrepresented fts ow...
2023.06.12 Motion for Summary Judgment
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.12
Excerpt: ...ide at property located at 180 Riverside Drive in Bay Po-nt. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) Both properties had a downward slope in the backyard. (AMF No. 4.) Defendants' predecessor o...
2023.06.12 Demurrer 185
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.12
Excerpt: ...s sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, "uncertain" includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral." "Under general rules of civil procedure, an answer must contain the general or specific denial of the material allegations of the complaint controverted by the defendant and a stat...
2023.06.05 Motion to Enforce Settlement 376
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.05
Excerpt: ...time to be determined at the hearing and supplemental briefing as set forth. Background This case arises out of a boundary dispute between adjoining landowners. The parties both agree that they engaged in a mediation before a third party mediator, and that as a result of the mediation, the parties entered -nto a written settlement agreement entitled "Settlement Agreement and Mutual Release" (the "Settlement Agreement") which, pursuant to paragrap...
2023.06.05 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.05
Excerpt: ...gilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) 80th properties had a downward slope in the backyard. (AMF No. 4.)...
2023.06.05 Motion for Judgment on the Pleadings 127
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.05
Excerpt: ...l Notice ("RJN") regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549, overruled in part by Black Sky Capital, LLC v. Cobb (2019) 7 Cal.5th 156, 245.) Legal Standard The standard for granting a moton for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnettv. Chimney Sw...
2023.05.22 Demurrer 445
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.22
Excerpt: ...icensed contractor — B&P S Code 7031; (3) breach of implied covenant to perform work in a good and competent manner — construction; (4) negligent design and construction; (5) violation of B&P Code S 7160; (5) recovery on contractor's state license bond; (7) declaratory relief; and (8) injunctive relief. All causes of action, except cause of action 6, are alleged against Cross-Defendant Monte Blanco General Construction, Inc. ("Monte Blanco")....
2023.05.22 Petition to Compel Arbitration 264
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.22
Excerpt: ...r filed its own motion.) Plaintiff, Nancy Lowenstein, moves for trial preference. The motions to compel arbitration, and the joinder, are granted. All further proceedings (including the motion for trial preference and plaintiff's third cause of action against Legacy) are stayed pending the outcome of arbitration. (Code Civ. Proc., S 1281.4.) Parties are encouraged to proceed jointly with a single arbitration proceeding. The Court sets a hearing d...
2023.05.15 Motion for Summary Judgment 966
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.15
Excerpt: ...erra" or "defendant"), which operates drug and alcohol treatment centers. (Separate Statement of undisputed Material Fact, hereinafter "SSUMF," Fact Nos. 1-2, and plaintiff's response.) Approximately a month later, she was promoted to Interim Director of Nursing. (SSUMF, Fact No. 4, and plaintiff's response.) In that capacity, plaintiff received two disciplinary "write-ups," one for failing to regulate overtime for nursing staff and another for f...
2023.05.15 Demurrer 676
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.15
Excerpt: ...d denied, in part, as fully explained below. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence, but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1365, 1375; Kalnoki v. First American Trustee Servicing Solu...
2023.04.24 Demurrer 127
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.24
Excerpt: ...o amend as to all causes of action except the second, which is without leave to amend. The motion to strike is moot. Plaintiff may file and serve an amended complaint by May 4, 2023. l. Background According to the complaint, plaintiff is the rightful owner of 4022 Salem Street, Concord, CA 94521. (Complaint, 91.) Plaintiff owned the home subject to a 2005 deed of trust, which was assigned several times between 2005 and 2023, most recently to SC6 ...
2023.04.17 Demurrer to SAC 218
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.17
Excerpt: ...n for a civil harassment restraining order. This case was originally filed as an unlawful detainer complaint on October 6, 2020. Prior to trial, Defendant vacated the property. This case was then reclassified as an ordinary civil case on January 12, 2021. Defendant filed a cross-complaint on February 23, 2021. Plaintiffs filed a first amended complaint on September 16, 2022, which included the claims at issue in this demurrer. Plaintiffs then fil...
2023.04.17 Demurrer 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.17
Excerpt: ...hment / quantum meruit; (8) promissory estoppel; and (9) civil conspiracy. Defendant demurs to all Plaintiff's causes of action on several grounds pursuant to Code of Civil Procedure ("CCP") S 430.10(e) and (f). For the following reasons, the Demurrer is overruled. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A...
2023.04.17 Application for Right to Attach Order 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.17
Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transacton for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendant...
2023.04.10 Motion for Leave to File TAC 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.10
Excerpt: ...n of Christopher J. Ohlsen is to be filed by close of business Friday, April 14, 2023. Procedural Background Plaintiff filed their initial complaint on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of...
2023.04.10 Demurrer 793
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.10
Excerpt: ...gligent misrepresentation is sustained without leave to amend. Allegations of the Second Amended Complaint The operative complaint is the Second Amended Complaint ("SAC") filed on November 18, 2022. Plaintiff Noble Learning Academy ("NLA") is a private school owned and operated by Plaintiffs Cassondra Hull and Mark Hull. Defendant Walnut Creek Presbyterian Church ("WCPC") is a non- profit corporation. (SAC 91-2.) Plaintiff Cassondra Hull ("Plaint...
2023.03.27 Motion to Amend Prayer on FAC 312
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.27
Excerpt: ..."this policy should be applied only 'where no prejudice is shown to the adverse party.' A different result is indicated 'where inexcusable delay and probable prejudice to the opposing party' is shown." [Citations omitted.) (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) Amendment is properly denied where there has been an unreasonable delay in seeking the amendment. (Green v. Rancho Santa Margarita Mortgage Co. (1994) 28 Cal.App....
2023.03.20 Motion to Compel Arbitration 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...ance appraisal proceeding. The parties previously went through this process and it resulted in an award. Defendant paid Plaintiffs the full amount of their insurance limits in response to the award. However, this Court vacated the award on July 20, 2022, concluding in part that the appraisal panel's decision to include Covid-related costs in the appraisal award was beyond the appraisal panel's jurisdiction. Now, Plaintiffs seek to engage in the a...
2023.03.20 Motion for Summary Judgment 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...s as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/20/2023 15 A. Citations to Evidence. The Court's revised rulings on the parties' evidentiary objections are set forth at the end of this tentative ruling below. The Court has overruled all of plaintiffs' evidentiary objections, and has sustained some but not all of the District's evidentiary objections. Where...
2023.03.20 Motion for Summary Adjudication 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...law. Background Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at the property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the Revocable Trust that owns the adjacent property located at 176 Riverside Drive in Bay Point. 80th properties had a downward slope in the backyard. Defendants' predecessor filled the slope and added a patio. To support the fill, Defendants' pr...
2023.03.13 Petition for Relief from Government Code 180
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.13
Excerpt: ...Brief Factual and Procedural Background Respondent alleges that on October 7, 2020 he went to the Pittsburg Dermatology Clinic, because he was suffering from a loss of pigment on his face. (Inital Petition at Exhibit 1 ["Troy King's Complaint Attachment"] at p.l.) Christina Berger, NP noted that the discoloration could be from the straps of the CPAP machine petitioner was using. (ld.) On March 22, 2021 Petitioner sent a message to Dr. Jamal Julia...
2023.03.13 Demurrer 777
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.13
Excerpt: ... action on August 24, 2022. Plaintiff alleges three causes of action for violation of the California Fair Employment and Housing Act: wrongful termination, hostile work environment harassment, and failure to prevent harassment. Plaintiff alleges he was employed by The Albatross Restaurant, owned by Defendant Mehrasa Bagheri, as a server. Plaintiff alleges that Defendant terminated his employment because he is gay. Plaintiff alleges Defendant fail...
2023.03.06 Application for Right to Attach Order 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.06
Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transaction for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendan...
2023.03.06 Demurrers to TAC, Motion to Strike 810
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.06
Excerpt: ...l demurrers by PSG are overruled, unless otherwise stated below as not addressed by the Court based on the rulings on the general demurrers. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/06/2023 11 General Factual Background The 3AC filed by Plaintiff Janice Alamillo ("Janice") alleges 26 causes of action against approximately 25 defendants. The defendants include Pla...
2023.02.27 Motion for Summary Adjudication 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.02.27
Excerpt: ...ally and in their capacities as trustee of the M & K Murphy Family Trust for breach of contract and fraudulent concealment. After this lawsuit was filed, Kerry Murphy passed away and Margaret Murphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In...
2023.02.27 Motion for Expungement of Lis Pendens 846
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.02.27
Excerpt: ...set for April 18, 2022. Plaintiff was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 02/27/2023 10 given notice in January, 2022 of Mr. Ortiz's intent to withdraw. Plaintiff has repeatedly sought to continue the matter to “find counsel” and has also failed to appear in court. Defendant now seeks to have the court expunge the lis pendens, in anticipation of the Court d...
2023.02.06 Motion to Disqualify Attorney 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.02.06
Excerpt: ...hat: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent (*)from the client. …” (Rules of Prof'l Conduct, Rule 3.7.) The comment on Rule 3.7 explains that “[n]ot...
2023.02.06 Motion for Leave to File Amended Complaint 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.02.06
Excerpt: ...on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of Lafayette filed a demur contesting the viability of each of the six causes of action. The demurrer was sustained as to the first three causes of act...
2023.01.30 Demurrer 623
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.30
Excerpt: ...use of Action for Declaratory Relief. The amended complaint shall be filed and served on or before February 20, 2023. Background Plaintiff Prime Capital Investments, LLC is the owner of property commonly known as 3330 Concord Avenue in Brentwood. Defendant Mo Zhou is the owner of property commonly known as 3320 Concord Avenue in Brentwood. The two parcels of land are adjoining, and Plaintiff's parcel has no street access. Plaintiff alleges it own...
2023.01.23 Motion to Quash Service of Summons, for Sanctions 844
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.23
Excerpt: ...) Defendant Bay Business Credit, Inc. moves the Court for an order quashing service of the summons and complaint on the grounds that Plaintiff Commercial Door & Frame, Inc. failed to properly serve it. California law requires service on a corporation to be effected on the person designated as an agent for service of process, or the “president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant ...
2023.01.23 Motion to Quash Service of Summons 185
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.23
Excerpt: ... for fraudulent transfer. Plaintiffs are Kelly Yates and Mark Tumminelli. Defendants are Kevin Yates and Betty Fong, DDS. Plaintiffs allege that Kevin Yates borrowed $70,000 from them to make repairs to a property prior to its sale. Plaintiffs allege that Yates sold the property at a profit and did not repay the borrowed funds. Plaintiffs allege that after they obtained a judgment for the unpaid debt, Kevin transferred some portion of the propert...
2023.01.23 Demurrer, Motion to Strike 744
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.23
Excerpt: ...e with contract; and (6) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional interference with contract and (6) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐ in‐part and overruled‐in‐part, without leave to amend. Legal Standard “The function of a demurrer is to test the ...
2023.01.10 Demurrer 034
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.10
Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...
2022.12.19 Demurrer 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...ons set forth, the demurrer is overruled. Defendant shall file her answer to the CrossComplaint by January 3, 2023. Background Plaintiffs are some of the co‐ owners of the property located at 221 Sanford Avenue, Richmond, California (the "Property") along with Defendants Tarnetta Tatum and Shenitta Singleton, who each own a 1/24th interest in the Property. Plaintiffs' Complaint seeks partition of the Property. On September 26, 2022, Tatum and S...
2022.12.19 Motion to Set Aside Default 282
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...ground SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/19/2022 9 Plaintiff Maria Gonzalez filed her complaint against Reliant Food Services, Inc. ("Reliant"), Shinja Kim, and Fernando Guerrero (collectively, "Defendants") in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code an...
2022.12.19 Motion for Summary Judgment 167
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...sons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5950 ...
2022.12.19 Motion for Summary Judgment, Adjudication 142
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...udication of Issue Nos. 1, 2 and 6 is denied. Summary adjudication of Issue Nos. 3 and 5 is granted. Defendants' Issue No. 4 for adjudication is moot. Summary judgment on the complaint is denied. Relevant Factual and Procedural Background Defendants Nicole M. Evans and William F. Evans are former owners of a family residence within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes a...
2022.12.12 Motion for Summary Judgment 534
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.12
Excerpt: ...on, and shall submit that proposed judgment to defendant's counsel for approval as to form. Plaintiff's request for judicial notice is granted. The trial and issue conference dates are vacated. The basis for this ruling is as follows. A. Background. Plaintiff Allevity, Inc. seeks summary judgment on its claim that defendant Brickyard Landing Owner's Association, Inc. breached its contract by failing to indemnify Allevity for the costs of defendin...
2022.12.05 OSC Re TRO and Preliminary Injunction 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.05
Excerpt: ...l Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Property was sold to David Robb. Defendant Ronald Knarr purchased the Property in 20...
2022.11.28 Motion for Preliminary Injunction 623
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.28
Excerpt: ...enue in Brentwood. 3330 Concord is located behind 3320 Concord, and it is landlocked. Historically, the sole means of accessing 3330 Concord has been the use of the driveway that crosses over 3320 Concord. In 2021, after litigation with Rachelle Chacon (Plaintiff's predecessor‐in‐title to 3330 Concord Avenue), Defendant granted an express easement that runs with the title to both properties. However, Plaintiff alleges that beginning in early ...
2022.11.14 OSC Re Preliminary Injunction 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.14
Excerpt: ...the Application is denied. The temporary restraining order is rescinded. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Prope...
2022.11.14 Motion to Quash Service of Summons 329
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.14
Excerpt: ...me" page. Shanti Elixirs is a limited liability company organized under North Carolina law and does business in Weaverville, North Carolina. (Compl. ¶ 3.) Defendant Volpe is the owner and founder of Shani Elixirs and resides in North Carolina. (Compl. ¶ 2.) Plaintiff cites two "Gofundme" pages attached as Exhibits 1 and 2 to the Complaint as the basis for his defamation suit, one of which invited support for Defendants "as we navigate the legal...
2022.11.14 Motion for Judgment on the Pleadings 682
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.14
Excerpt: ...quires the Defendant to either: (a) "generally den[y] each element of the complaint..." or (b) "admit all the statements of the complaint... are true except" those specifically denied. (Answer at p.1, ¶ 3.) Steben checked Box B, stating that she admits the allegations. However, Staben also checked Box 5, stating “In denying the allegations of the Complaint above, defendants denies not only the specific numbers and amounts alleged by plaintiff,...
2022.11.07 Motion for Determination of Good Faith Settlement 836
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.07
Excerpt: ...located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin in early 2019. Defendants/Cross‐Defendants Camille Ahern, a licensed realtor, and her broker, Pacific Union International, Inc. (“PUI”), dba Compass, listed the property. Ahern also represented the buyers. On January 18, 2019, Plaintiffs hired Cross‐Defendant Specialty Home Inspections, Inc. to conduct a non‐ invasive visual inspection of the property and ...
2022.11.07 Demurrer 751
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.07
Excerpt: ...allege to have entered into an oral agreement with Mr. Davis (deceased) in or about 1998, whereby Plaintiffs would provide full‐time caregiving and construction services to Mr. Davis's family and the family home would be left to Plaintiff upon the Davises' deaths. The Davises placed the property into the James Wilbur Davis SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: CECILIA CASTELLANOS HEARING ...

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