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2022.06.13 Joinder in Motion to Stay 066
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.13
Excerpt: ...iction” doctrine “applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its review.” (Farmers Ins. Exchange v. Superior Court (1...
2022.06.06 Motion for Summary Judgment 148
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.06.06
Excerpt: ...lity of a disputed fact is measured by the pleadings [citations], which ‘set the boundaries of the issues to be resolved at summary judgment.' [Citations.]” (Conroy v. Regents of University of California (2009) 45 Cal.4th 1244, 1250.) A plaintiff will meet its burden on summary judgment by showing that it possesses evidence to meet all the elements of its common count claims. Plaintiff's first amended complaint includes three separate causes ...
2022.05.23 Motion for Summary Judgment 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.23
Excerpt: ...hat 364 Notice was not addressed or presented to the person designated to receive government claims by Government Code section 915 (a) and was not received by such person within six months after accrual of the cause of action, if ever. (See Gov't C. § 915 (e).) (See Material Fact Nos. 1‐17.) With the benefit of a fullydeveloped factual record, the court has reconsidered the prior rulings that this case is governed by Phillips v. Desert Hospita...
2022.05.02 Motion to Set Aside Default 874
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.02
Excerpt: ...“occupant' on the premises. After the defendant did not timely file an answer, a default judgment was entered on November 1, 2021. Defendant's notice of motion and motion to set aside the default judgment, states that he became aware of the default judgment when he received a copy of the judgment in the mail at his current address in Rocklin, California (Def. Mot. p. 2, lines 15‐17). Defendant moved away from his residence in Hercules in Janu...
2022.05.02 Demurrer 673
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.02
Excerpt: ...is demurring in her role as cross‐defendant and defendant is opposing the demurrer in her role as cross‐complainant. Plaintiff is a former employee of defendant. She sued defendant for wrongful SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 05/02/2022 5 termination on August 13, 2016. Defendant filed a Cross‐Complaint on November 15, 2016, and subsequently amended it three times. Plaintiff argues ...
2022.04.25 Petition for Writ of Administrative Mandate 437
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ...rding to the terms of the local ordinance; the dog owner argues that the appeal can proceed as an appeal – with a hearing de novo – according to the terms of the state statute. (Compare Contra Costa County Ordinance No. 2020‐04, 416‐18.406 (f) (“A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622 (“If the original ...
2022.04.25 Motion to Amend Complaint to Add Exemplary Damages 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ... Costa County and two of its employee physicians, Dr. Rodelo and Dr. Ras. Plaintiff had a post‐ partum tubal ligation (“PPTL”) on March 20, 2016 because she wanted no more children after she gave birth to her second child on March 18, 2016. Dr. Rodelo performed the PPTL and told plaintiff it had been successful. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 2 Believing she could not get pregnant afte...
2022.04.25 Demurrer 716
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ...hereinafter “Geico”) has filed another demurrer to the First Amended Complaint asserting that the Plaintiff has no claim directly against the liability insurer for the alleged injuries and damages which occurred as a result of this collision. Plaintiff objects to the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 7 As previously outlined in the court's order on the demurrer to plaintiff's orig...
2022.04.18 Motion to Deem RFAs Admitted 277
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ... to admit or deny the remaining one. (Def. Mot. Exhibit B). Defense counsel sent a meet and confer letter to plaintiff's counsel on January 6, 2022, “advising that if verified responses were not received by January 20, 2022, Plaintiff would proceed with discovery motions.” (Def. Motion Exhibit C). No verification has since been served. Defendants' motion for deeming matters admitted is misplaced. Plaintiff's service of responses before the fi...
2022.04.18 Motion for Summary Judgment 049
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ...s not adequately supported by the evidence. Background On or around March 1, 2017, plaintiff and two other entities, as “Landlord,” and defendant Umesh Kumar Sharma, DBA Pizza Amigo, as “Tenant,” entered into a lease agreement for certain retail premises in a mall. The property has been occupied or otherwise in Tenant's possession since that same month. After the property was conveyed entirely to plaintiff in December 2018, the lease was ...
2022.04.18 Demurrer, Motion to Strike 032
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ...essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099). Legal conclusions are insufficient. (Id. at 1098–1099; Doe at 551, fn. 5.) The Court “assume[s] the truth of the allegations in the complaint, but do[es]...
2022.04.11 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.11
Excerpt: ... Western Dental office in El Cerrito. For the following reasons, Defendant's motion is granted. Request for Judicial Notice Defendant requests judicial notice of the Complaint in this action, Plaintiff's opposition to Defendant's Demurrer dated February 2, 2021, documents filed with the Court on or before June 10, 2021, and Plaintiffs declaration dated July 20, 2021 and filed July 21, 2021. The Court grants the request, but not the truth of any r...
2022.04.11 Petition to Vacate or Modify Appraisal Award 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.11
Excerpt: ...dant's Submissions To Appraisal Panel. In a letter dated September 24, 2021, the umpire noted that she had received three documents from defendant's appraiser: (1) “Mr. Halpin's Differences by Trade”; (2) “Mr. Halpin's Dispute Discussion by Trade based upon the 2018/2019 Estimates”; (3) “Mr. Halpin's eagleview area diagram.” (Defendant's Exh. 7, p. 3.) Further, defendant apparently submitted a brief to the appraisal panel on September...
2022.03.21 Motion for Judgment on the Pleadings 604
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.03.21
Excerpt: ...led 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. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...
2022.03.14 Motion to Conform Pleadings to Proof 286
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.03.14
Excerpt: ...sed upon evidence gathered, in advance.” The conclusion of the motion states as follows: [3] Plaintiffs file this motion so that the Court may determine in advance which causes of action have sufficient evidentiary support to be tried before the jury. [4] Plaintiffs seek to avoid any further Motions for Judgment on the Pleadings and any Motion for Nonsuit that may be filed prior to the opening of the trial. The Court denies plaintiffs' motion b...
2022.03.07 Motion to Set Aside Default 146
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.03.07
Excerpt: ... in Pleasant Hill. The Owners contracted for certain work and improvements on their property. Plaintiff Mel Electric Inc. provided electrical services pursuant to contract with Defendants' general contractor, Defendant Vizsla Construction. Plaintiff has not been paid for its work. The outstanding balance due is $12,299.44. Motion Pursuant to Code of Civil Procedure § 473, Donald Fletcher and Jessica Lorence, in pro per, move to set aside the ent...
2022.03.07 Motion for Judgment on the Pleadings 660
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.03.07
Excerpt: ...led 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. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...
2022.02.28 Motion for Leave to File Complaint 276
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.02.28
Excerpt: ...ed. Rodda Electric's default is set aside and the underlying cross‐complaint is stricken. Code of Civil Procedure, § 428.50 states: (a) A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐ complaint. (b) Any other cross‐complaint may be filed at any time before the court has set a date for trial. ...
2022.02.07 Motion to Strike 576
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.02.07
Excerpt: ... a two‐step 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.) On the first s...
2022.02.07 Motion to Strike 286
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.02.07
Excerpt: ...within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of the pleading. (Code Civ. Proc. (“CCP”) §435(b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of the pleading not dr...
2022.02.07 Motion for Security, for Stay 976
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.02.07
Excerpt: ...ant. He filed this case after obtaining permission from the Presiding Judge. When giving Plaintiff permission to file this case, the Presiding Judge ordered Plaintiff to post a $1,000. Now, Defendant Lin seeks an order requiring Plaintiff to post an additional security in the amount of at least $100,000. This matter was originally set for hearing on November 15, 2021, but the matter was continued to February 7, 2022. The motion was served on Alva...
2022.02.07 Demurrer, Motion to Strike 796
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.02.07
Excerpt: ...t; (2) fraud; (3) negligence; (4) wrongful foreclosure; (5) constructive eviction; (6) breach of the covenant of good faith and fair dealing; (7) violation of California Bus. & Prof. Code §§ 17200 et seq.; and (8) declaratory relief. Defendants demur pursuant to Code of Civil Procedure § 430.10 et seq. on the grounds that Plaintiff Scott lacks standing and that Plaintiff Eurisko fails to state facts giving rise to a cause of action. For the fo...
2022.01.31 Motion to Set Aside Dismissal of Case 886
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.01.31
Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/31/22 ‐ 2 ‐ At the outset, the Court notes that there appears to be a service issue as Defendant attests in its sur‐reply that it was not served with the Declarations of Plaintiff and Thomas Cregger. (See Declaration of Craig R. Breitman in support of sur‐reply at ¶ 3.) For the following reasons, the motion is denied. Analysis A party may address a prayer for relief from a judgment, order, ...
2022.01.31 Motion for Leave to File FAC 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.01.31
Excerpt: ...management conference. 2‐22‐22 Mandatory settlement conference. 2‐28‐22 Hearing on defendant's summary judgment motion. 3‐30‐22 Issue conference. 4‐18‐22 Jury trial. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/31/22 ‐ 4 ‐ A. The Proposed Amendments. Plaintiffs seek leave to add a new Fourth Cause of Action for inverse condemnation. This cause of acti...

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