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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 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 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 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 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 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 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 for Leave to File FAC 098
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...edural Backgr ound SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 This case involves personal injury claims by Plaintiff Carl Prewitt related to his work as an automotive mechanic an d service station operator at the Eastwood Texaco in Birmingham, Alabama from 19752003. During that time, Mr. Prewitt was exposed to benzene and benzene - containing substances whi...
2024.05.01 Demurrer to FAC 025
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...nded compl aint. Background Plaintiff Melisha Matlock filed this habitability action arising from her tenancy at an apartment complex at 3400 Richmond Parkway in Richmond on August 16, 2023. The defendants are GuardianKW Hilltop, LLC (Hilltop), FPI Management, Inc. (FPI), and Yaquelin Reyes (Reyes). Hilltop answered the complaint. FPI filed a demurrer and motion to strike punitive damages allegations. The court sustained FPI's demurrer and gran...
2024.05.01 Demurrer to FAC 034
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...years old at t he time, was admitted to John Muir Medical Center where defendants “negligently and carelessly” provided care for Katrina, causing her death. (FAC, ¶¶10, 19.) Though Katrina died on March 10, 2016, plaintiff alleges that she was not aware of the negligence until December 2022, when The San Francisco Chronicle contacted her to request interviews regarding her daughter's treatment and procedures performed by defendant's staff w...
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 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...
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 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 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...
2024.04.24 Motion for Summary Adjudication 851
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.24
Excerpt: ...ion for inverse condemnation . Defendant moves pursuant to Code of Civil Procedure (“CCP”) § 437c for summary adjudication of Top Solutions inverse condemnation claim on the grounds that Top Solutions cannot establish that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/24/2024 the service lateral serving a single residential property is a public project. For the f...
2024.04.24 Demurrer to Amended Complaint 810
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.24
Excerpt: ...s for Judicial Notice are granted. (Cal. Evid. Code § 452 (d).) For the following reasons, Defendant's Demurrer is sustained. Allegations of Cross -Complaint This matter concerns damages claims related to a flooding event that took place in January 2023 at or near the intersection of Byron Highway and Camino Diablo in Contra Costa County. The First Amended Cross -Complaint (“FACC”) alleges two causes of action against Contra Costa County: (...
2024.04.17 Motion for Terminating Sanctions 438
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
Excerpt: ..., CON TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/17/2024 The plaintiff filed this action for negligence on February 27, 2023, alleging injuries caused by an unleashed dog in Calistoga, California on June 2 1, 2021. The defendants propounded Form Interrogatories Set One, Special Interrogatories Set One, and Request for Production of Documents Set one on April 11, 2023, with responses due May 13, 2...
2024.04.17 Motion for Summary Judgment 165
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
Excerpt: ... to th is evidence prior to a ruling on the motion. Plaintiff shall file and serve a response to this evidence, not exceeding five (5) double -spaced pages, by April 23, 2024. Background While walking for exercise, plaintiff Felicia Sonnier fell and sustained sev ere injuries on May 24, 2020. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact Nos. 1 and 3, and plaintiff's responses.) The City contends the location o...
2024.04.17 Demurrer to FAC 834
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
Excerpt: ...URT OF CALIFORNIA, CONTRA C OSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/17/2024 liability. Only the first and fourth causes of action are alleged against Defendant City of Oakley. Defendant demurs to Plaintiff's first cause of action p ursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiff's general negligence cause of action against the City is improper and the Cour...

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