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2022.10.31 Motion for Summary Adjudication 336
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.10.31
Excerpt: ...Paver Stones & Landscape, Inc., hold itself out as an expert licensed landscape contractor. On or about July 15, 2018, Plaintiffs Kevin and Erin Roth, owners of real property located at 9 Meadow Park Court in Orinda entered into a contract with Black Diamond for an extensive backyard landscape project, including retaining walls, excavation, and grading. Plaintiffs alleged that instead of doing the work, Black Diamond "subcontracted" the project o...
2022.10.24 Motion to Compel Compliance with Investigational Subpoena 818
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.10.24
Excerpt: ... Stimming. The Board is investigating the care of AV, a pregnant woman, whose baby died three days after birth, due to a congenital heart defect. The investigation was based on a complaint by a treating pediatric critical care specialist, Dr. Daniel Falco. Having been properly served, Respondent has not complied with the subpoena. The authority of the Board to issue investigative subpoenas in aid of its authority to enforce its enforcement duties...
2022.10.10 Motion for Summary Adjudication 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.10.10
Excerpt: ...aks, LLC (SSUMF, Fact No. 1) on the one hand, and defendant, the City of Lafayette (“City”), on the other. Happy Valley Oaks, LLC is the owner of 4123 Happy Valley Road in Lafayette, California, which includes the following Assessor's Parcel Numbers: 247‐010‐0294, 247‐010‐030‐ 2, 247‐010‐033‐6, 247‐ 010‐34‐4, 247‐010‐35‐1, 247‐010‐36‐9, 247‐010‐37‐7, 247‐010‐38‐5, 247‐010‐339‐3, 247‐ 010�...
2022.09.26 Petition for Relief from Government Claim Filing Requirements 579
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ...Mr. Arnold Borgen was driving home when he struck Petitioner Ryan Thibodeaux (“Petitioner”), who was apparently in the middle of the roadway, injuring him. Mr. Borgen was an off‐duty San Francisco Police Department Traffic Officer driving home from an overtime shift in his personal vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/26/2022 6 Petitioner promptly hired an attorney to represe...
2022.09.26 Demurrer 941
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ... of Public Property. The Complaint alleged that Plaintiff was walking on the sidewalk in front of 1060 Hensley Street in Richmond, California on September 3, 2021. “As he was walking, he tripped and fell due to a gap from missing concrete.” The Complaint names City of Richmond, County of Contra Costa, J.T. Thorpe & Son, Inc., and Hensley Property, LLC as defendants. The General Negligence and Premises Liability – Negligence claims are asser...
2022.09.19 Motion for Summary Judgment 746
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ... on the date of the incident, but she is already precluded from making such an argument because the court previously found that any such argument would be a ‘sham.' See … Order Denying Plaintiff's Motion to file an [sic] Amended Complaint.” (Defendant's memorandum p.2, fn.1.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/19/2022 7 In support of its motion, Defendant includes the original compl...
2022.09.19 Motion for Summary Judgment 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ...x evidentiary issues and because of complex legal issues concerning causation. The Court's preliminary assessment is that whether the motion for summary judgment should be granted is a very close call. Given the high stakes involved, the Court wishes to give both sides a full opportunity to persuade the Court that their position is correct. The Court would find supplemental briefing helpful in this regard. The parties shall file supplemental brie...
2022.09.19 Motion for New Trial 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ..., 2022. While plaintiff's motion for reconsideration was pending, the court entered a judgment in favor of defendants on July 20, 2022. The court lost jurisdiction to grant reconsideration once judgment was entered. (APRI Ins. Co. S.A. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) Nevertheless, the court determined it had the discretion to treat plaintiff's motion for reconsideration as a motion for new trial and the matter was continued for...
2022.09.19 Demurrer 744
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ...ction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e...
2022.09.12 Petition to Compel Arbitration 405
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.12
Excerpt: ...nville, California, on December 6, 2019. Petitioner Mustafa Ayubi, was driving for rideshare application Uber. Petitioner and his passengers, Chandima Fernando and Avanthi Bandarnaike, were injured in the accident. Other involved drivers include Antoinette Chavez‐Jesus (an Allstate insured) and Kathleen McElroy (a Nationwide insured). Petitioner and his passengers pursued bodily injury claims against Chavez‐Jesus, which resulted in a settleme...
2022.09.12 Motion for Judgment on the Pleadings 857
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.12
Excerpt: ...a party is entitled to judgment as a matter of law. (Code Civ. Proc. § 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney S...
2022.08.29 Demurrer 793
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.29
Excerpt: ...laint This is an action for breach of lease and related torts. Plaintiff Noble Learning Academy (NLA) is a middle school owned and operated by plaintiffs Cassondra Hull and Mark Hull (the Hulls). On or about March 18, 2021, Cassondra Hull (Hull) asked defendant Walnut Creek Presbyterian Church (WCPC) whether NLA could rent space at WCPC's facility for the 2021‐2022 academic year. The parties discussed the proposal in a series of email messages ...
2022.08.22 Motion for Summary Judgment 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.22
Excerpt: ...er, for the wrongful death of her son, Ivan Stepkin (“Stepkin”). On November 20, 2020, Stepkin was killed in a motor vehicle accident with Defendants K Double H Transportation, Inc. (“KDH”) and its driver Kendall Harlan Hisey (“Hisey”). AAS had arranged for KDH to transport a vehicle for its customer, Justin Salter (“Salter”). Plaintiff's motor vehicle cause of action alleges an agency relationship among the defendants. Plaintiff'...
2022.08.22 Demurrer, Motion to Strike 943
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.22
Excerpt: ...ified School District to teach at Pinole Middle School (the “School”) in 2004. Uribe began to sexually groom Plaintiff during his 8th grade school year. Uribe spent an abnormally large amount of time with Plaintiff and his friends, and showed obvious favoritism toward Plaintiff. This included picking up Plaintiff from school, taking him to movies, and to get pizza, among other things. All of the actions taken by Defendant SUPERIOR COURT OF CA...
2022.08.15 Motion for Leave to File FAC 218
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.15
Excerpt: ...leadings are directed to the sound discretion of the court. “The court may…in its discretion, after notice to the adverse party, allow upon any terms as may be just, an amendment to any pleading…” (Code of Civ. Pro. § 473.) At any time before or after commencement of trial, the court may allow an amendment to a pleading in furtherance of justice. (Code Civ. Proc., § 576; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) “There is a...
2022.08.08 Petition to Correct Arbitration Award 079
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.08
Excerpt: ...t her in a dispute involving a neighbor's claim of access rights across her property. After a dispute arose concerning Petitioner's opinion that she was being overcharged, the Parties attended mandatory fee arbitration before the State Bar of California. An arbitration hearing was held on February 2, 2022, with a binding award (the “Award”) being issued on or about February 23, 2022. Petitioner filed the instant petition to correct or vacate ...
2022.08.08 Motion for Summary Judgment 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.08
Excerpt: ...osition in this case, but defendant has objected, so plaintiff will need to get the identical information in this case or obtain the stipulation of defendant to withdraw defendant's objections.” The parties have stipulated to allow the use of pleadings, deposition transcripts and declarations from MSC17‐00805 (Amicus Wine Holdings v. Murphy) and MSC 18‐00898 (Verlander v. Murphy). (Plaintiff's ex. AA.) The continuance also allowed for suppl...
2022.07.11 Motion for Summary Judgment 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.07.11
Excerpt: ...had a developmentally narrow spinal canal, multilevel stenosis, worse at C5‐C6, with spinal cord compression. Plaintiff also had mild left carpel tunnel syndrome. (SSUMF No. 2.) Dr. Counelis recommended a C3‐6 decompressive laminectomy with fixation/fusion at C3‐6.) On October 15, 2015, Defendant George J. Counelis, M.D. performed surgery on Plaintiff's spine. Plaintiff underwent C3‐C6 Laminectomies, Posterior Segmental Fixation, C3‐6 P...
2022.06.27 Motion to Compel Arbitration and Stay Action 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.27
Excerpt: ...§ 1281.4.) To be specific, plaintiff shall arbitrate all claims stated in the Third Cause of action for whistleblower retaliation under Labor Code section 1102.5. Plaintiff shall also arbitrate the claim that he was wrongfully terminated for whistleblower activities in violation of the public policy expressed in Labor Code section 1102.5, as stated in the Forth Cause of Action for wrongful termination. The Court stays all claims stated in the Fi...
2022.06.27 Motion for Summary Judgment 193
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.27
Excerpt: ...een the time Defendant opened the account and when Plaintiff filed this complaint. Defendant never objected to the truth or accuracy of the billing statements. Defendant did not remit payment for $23,284.51 on the account. The facts presented in support of the motion indicate Defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Mehdi Touhidi, Custodian of Records for American Expres...
2022.06.20 Motion to Substitute Doe, for Directed Verdict 286
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.20
Excerpt: ...83.210, subd. (a).) The three‐year deadline is applicable to DOE defendants: A plaintiff must serve “a defendant within three years after the action is commenced against the defendant.” (§ 583.210, subd. (a).) “[A]n action is commenced at the time the complaint is filed.” (Ibid.) Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (§ 583.250, subd. (b).) The three‐year rule applies w...
2022.06.13 Petiton to Vacate or Modify Appraisal 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.13
Excerpt: ...rd is moot. The basis for this ruling is as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 06/13/2022 2 A. The Proposed Judgment. The Court wishes to note a threshold procedural matter. Plaintiffs have submitted a proposed “Judgment Re: Appraisal Award.” The proposed judgment is procedurally improper for two reasons. First, the appraisal award expressly provides as follows: The Panel has ma...
2022.06.13 Motion to Set Aside Default 066
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.13
Excerpt: ... their proposed answer to the Complaint with a copy provided to counsel for Plaintiffs prior to or at the hearing. Background Plaintiffs allege they entered into a contract with defendant Litor Remodeling, Inc. ("Litor") to remodel their home. Defendant Asher Pilo is the President of Litor. Plaintiffs contend Litor and Pilo's remodeling work was defective and defendants misrepresented their qualifications and prior customer reviews of their work....
2022.06.13 Motion to Compel Arbitration and Status 614
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.13
Excerpt: ...unless is has filed in court and trial has begun or final judgment has been entered.” (Sweeney Decl., Exhibit 1, p. 10 (Claims Resolution ‐ Initiating Arbitration)(emphasis supplied). Initially it should be noted that this language reflects that arbitration not be immediately elected by either party. Additionally, the intended election of arbitration by defendant occurs well before the limitations set forth in the agreement. Finally, the agre...
2022.06.13 Motion for Summary Judgment, Adjudication 884
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.13
Excerpt: ...numerous billings to defendant. The defendant never objected to the truth or accuracy of the billing statements. Also, defendant did not remit payment for $16,175.34 on the account. The facts presented in support of the motion indicate defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of plaintiff's counsel, and the supporting exhibits included with it. No opposition has been filed ...

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