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2024.06.12 Motion to Compel Discovery Responses 191
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
Excerpt: ...ed by the de fendants. For the reasons set forth below, the motion to compel is granted. Background Plaintiff John Rogan was admitted to defendants' facility on February 23, 2021, for a left total hip arthroplasty. Two different medications, in almost identical looking vials, were lined up next to each other in the operating room. Allegedly, the wrong medication was injected into plaintiff John resulting in seizures, renal failure, pneumonia, and...
2024.06.12 Motion for Leave to File Complaint 575
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
Excerpt: ...G DATE: 06/12/2024 Background Plaintiff Stars Holding Co. commenced this action in April 2020 against Defendants Karim Mehrabi and Golam Hossein Baig alleging defendants breached an implied- in-fact contract between Stars and defendants pursuant to which Stars loane d defendants $400,000 to remodel a 76 Gas Station in Aromas, California owned and operated by Defendants. Stars filed a first amended complaint on August 21, 2020, and then a second...
2024.06.12 Motion for Appointment of Receiver, Preliminary Injunction 866
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
Excerpt: ... Dev in and Senique Braswell are majority shareholders in the defendant corporation, which is a cannabis dispensary doing business as Lemonade, in Antioch, California. The Braswells serve on the 3 -person Board of directors of Alluvium. The third Board member is Patti O'Brien. O'Brien is a minority shareholder along with non - Board member Michael Gourkani. The plaintiffs loaned Alluvium, defendant corporation, $1,000,050 in May 2023, to be repai...
2024.06.12 Demurrers to FACC 391
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
Excerpt: ...is entit led to the sale proceeds of real property at 400 6th Street in Rodeo, California, titled in the name of the David L. Gregory Revocable Trust at the time of the sale. Defendants are (1) Shannon Gregory Duke, individually, and as the Administrator of the Est ate of David L. Gregory; (2) Jeannie Gregory; and (3) Gilbert J. Gregori. Jeannie Gregori (Jeannie) and Shannon Gregory (Shannon) are David L. Gregory's (David's or the decedent's) adu...
2024.06.05 Motion to Transfer Venue 793
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
Excerpt: ...OFFICER: TERRI MOCKLER HEARING DATE: 06/05/2024 2 Request for Judicial Notice Defendant Preimesberger requests judicial notice of Plaintiff's First Amended Complaint filed May 22, 2024, the operating complaint for the case at bar. Since the FAC is the operating compla int in the current case judicial notice is unnecessary and denied. Plaintiff requests judicial notice of three exhibits. The first two exhibits are Statements of Information file...
2024.06.05 Motion for Terminating, Issue, Evidentiary Sanctions 454
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
Excerpt: ... denied. Background Plaintiff Gonzalo Zarate was a customer at the La Loma Market in San Pablo, California, on November 7, 2022, when he slipped and fell on the floor inside the store and suffered injuries. Plaintiff filed this action for negligence, premises liab ility, and loss of consortium on February 27, 2023. The complaint states that the plaintiff stepped on an “unknown hazard” which caused him to fall and be injured. (See paragraphs...
2024.06.05 Demurrer 633
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
Excerpt: ...te sufficient facts. The motion to strike is granted as to punitive damages and injunctive relief. Plaintiff has leave to amend and shall file and serve any amended complaint by June 17, 2024. I. Factual Background According to the complaint, on or about April 20, 202 3, plaintiff, Eli Hazan, purchased a new 2021 Audi SQ8. (Complaint, ¶¶4 -5.) Defendant Volkswagen Group of America, Inc. (“VW”) offered an "express warranty" pursuant...
2024.06.05 Application for Right to Attach Order 984
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
Excerpt: ...NEZ, CA DE PARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 06/05/2024 17 Background According to the declarations filed in support of this application, plaintiff's predecessor, California Plaza, L.L.C., and defendant Yapstone Holdings, Inc. entered into a commercial lease agreement on or around April 1, 2015. (Declaration of Joshua Roddy, hereinafter “Roddy Decl.,” ¶2.) The premises leased included Suites 400 and 425, 2121 N. Cali...
2024.05.29 Demurrer to SAC 792
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.29
Excerpt: ...pertai ns to issues arising from the purchase of real property located at 4120 Happy Valley Road in Lafayette, California. Plaintiffs Kenneth Hershbell and Jewel Shim purchased the Property from Defendants Kamesh and Hinaben Patel in June 2017. (¶ 12.) Defendant Simon Motley, dba The Motley Team (“Defendant” or “Motley”) represented Plaintiffs as their real estate agent for the transaction. (¶ 3.) At some point prior to this sale, it is...
2024.05.22 Motion for Discovery Protective Order 153
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...RI MOCKLER HEARING DATE: 05/22/2024 Background This case involves a multi- vehicle collision that occurred on April 7, 2022, in Concord, California. Defendant Ruben Andrade, while employed by defendant ARB and driving an ARB vehicle, rear -ended a vehicle dr iven by defendant Irfan Chaudhry, who, in turn, collided with plaintiff's vehicle. The plaintiff, Romeo Monzon, sustained physical injuries and his vehicle sustained extensive damage. The pla...
2024.05.22 Motion for Mandatory Joinder 885
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...d Matthew Tyler Lopez, on or before June 3, 2024. Plaintiff's truck was destroyed by a vehicle operated by defendants Mark Lewis Hinton and Tara Khawaja early in the morning on February 1, 2021. These drivers were allegedly working for DoorDash an d h i g h on d rugs at th e t ime of the collision. This case was filed on May 3, 2021, after both the insurer for DoorDash and the insurer for Khawaja (owner of the vehicle) refused to cover plaintiff...
2024.05.22 Motion to Compel Arbitration 505
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: .../22/20 24 claims to binding arbitration, and to either dismiss or stay this civil action pending the conclusion of arbitration. The Motion relates to Plaintiffs' Complaint for (1) motor vehicle negligence; (2) general negligence; (3) fraud; and (4) declaratory re lief. Defendant moves for an order compelling arbitration of Plaintiffs' claims and to dismiss or stay this action pending completion of the individual arbitration. Plaintiff argues that...
2024.05.22 Motion to Enforce Settlement Agreement, Demurrer 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...omplaints, an d amended pleadings. A full history is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolving all the issues between those parties. Thereafter, on May 30, 2023, Plaintiffs filed, and received, a...
2024.05.22 Motion to File Confidential Settlement Agreement Under Seal 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...s. A full his tory is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER : TERRI MOCKLER HEARING DATE: 05/22/2024 Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolvi...
2024.05.22 Motion to Strike 367
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...ound This c ase arises out of a motor vehicle accident. Plaintiff alleges that he was involved in a motor vehicle accident involving Defendant Brinkman and Defendant Lopez on or about April 5, 2022. (Complaint at ¶¶ 18, 19.) The Complaint alleges that both Defendants were driving in an unsafe manner in violation of California Vehicle Code Sections 22350, 23123 and 21703. (Id. at ¶¶ 30, 31.) Legal Standard California Civil Code (“CC”) § 3...
2024.05.15 Motion to Set Aside Entry of Default 293
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.15
Excerpt: ... separate ly file and serve the demurrer sufficiently in advance of the June 26th hearing to comply with CCP section 1005(b). Opposition and reply briefing shall be pursuant to code. The parties should call the clerk's attention to this order when submitting their filings. If the documents are e -filed, this can be done in the comment box. Background Plaintiff Melquiades Chavez filed this action to quiet title on May 31, 2023. Defendant Sama...
2024.05.15 Motion for Protective Order 234
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.15
Excerpt: ...ranted. SU PERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/15/2024 Discussion The plaintiff, Bay Area Propane, filed a complaint on October 18, 2022, alleging five causes of action. The se causes of action are as follows: 1) misappropriation of trade secrets; (2) conversion; (3) breach of contract; (4) intentional interference with prospective economic relations; (5) un...
2024.05.15 Demurrer to SAC 445
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.15
Excerpt: ...3) harassment; (4) interfer ence with an easement interest; (5) negligence (general); (6) trespass to land; (7) trespass to chattel; (8) private nuisance; (9) preliminary and permanent injunctions; and (10) declaratory relief. Defendant demurs to all Plaintiffs' causes of action for pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Re...
2024.05.15 Demurrer 625
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.15
Excerpt: ...fornia. On October 24, 2021, at approximately 11:00 a.m., Plaintiff was shopping at the Safeway when she slipped and fell near the meat department. At that time, the Safeway had a leaky roof from the rain and several buckets were placed in multiple aisles. No bucket s or warnings of any kind were near the meat department. A Safeway employee witnessed the incident. As a result of the fall, Plaintiff suffered physical injuries, as well as pain and ...
2024.05.08 Petition for Writ of Mandate for Administrative Mandamus 064
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.08
Excerpt: ... reque sted a stay of suspension, which was granted on November 16, 2023. As explained below, the writ of mandamus is denied. Factual Background The following facts have been ascertained from the administrative record filed with the court in support of the writ petition. The administrative record consists of an initial police report, petitioner's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI...
2024.05.01 Motion to Transfer Venue 210
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...nsferred to Santa Clara County. Any costs associated with the transfer are to be shared equally between the plaintiff and the defendants. Statement of Facts This action involves a dispute related to Defendants' work on the Vasona Creek Trail in Saratoga, Santa Clara County, California. Plaintiff Storesund Construction, INC. emailed Defendants on or about May 27, 2022, to discuss performing some paving and concrete flatwork on the Vasona Creek Tr...
2024.05.01 Motion to Strike 089
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...December 11 , 2021. (¶ 13-16.) Mr. Castillo and his son, Diego, were taking the certification course through Defendant Anchor Shack Dive and Travel LLC (“Anchor Shack). Moving Defendant John Froehlich was the Director of Training for Anchor Shack and one of the instru ctors during the dive at issue. (¶ 7.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 Pri...
2024.05.01 Motion to Dismiss Portions of Complaint 090
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...e on December 1 1, 2021, which resulted in his death. (¶ 14- 17.) This matter is brought by two of his surviving children. It is worth noting that there is another lawsuit brought against these same Defendants on behalf of his son Diego (Case No. C23 -03089). The SUPERIOR C OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 operative facts of the two Complaints are nearly i...
2024.05.01 Motion to Compel Further Responses 963
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...ff opposes bo th motions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 For the reasons set forth below, both motions to compel are denied. Background During the late evening h ours of October 1, 2019, the plaintiff, Melanie Knight, was crossing Kirker Pass Road in Concord in an unlit area, not in a crosswalk, and she was carrying bags of groceries. At the sam...
2024.05.01 Motion for Summary Judgment 165
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...ate Sta tement of Undisputed Material Facts, hereinafter “SSUMF,” Fact Nos. 1 and 3, and plaintiff's responses.) The City contends the location of the injury is a public trail while plaintiff purports to dispute this fact. (Ibid.) On June 10, 2021, plaintiff file d her complaint against the City. The complaint alleges causes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING D...

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