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2024.02.28 Motion to Consolidate Related Matters 096
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.28
Excerpt: ...s consolid ated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." (CCP § 1048(a).) Under California Rules of Court, rule 3.350, a notice of a motion to consolidate must: (A) list all named parties in each ca se, the names of parties who have appeared, and the names of the parties' respective attorneys of record; (B) contain the captions of all cases sought to be consolidated, wit...
2024.02.28 Demurrers, Motions to Strike 429
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.28
Excerpt: ...epresentation ; and (4) negligence. Cross- Defendant demurs to each of the causes of action. On the same date Calicraft filed its opposition papers, it also filed a Request for Dismissal of the false promise and negligent misrepresentation causes of action. As such, th e Court will only address the demurrer with respect to the concealment and negligence claims. Mr. Cormier's demurrer is sustained with leave to amend for the reasons set forth be...
2024.02.28 Demurrer to FAC, Motion to Strike 985
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.28
Excerpt: ...o comply w ith mandated reporter law, (7) concealment, and (8) negligent misrepresentation. Defendants demur to Plaintiff's cause of action for (2) breach of contract and (4) IIED pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. As a threshold issue, the meet and confer in this case does not meet with the technical requirements of CCP § 430.41(a), which requires that “the demurring party shall meet and confer in...
2024.02.28 Demurrer to FAC 997
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.28
Excerpt: ... to strike are gran ted. Considering plaintiff has had multiple attempts to allege the requisite facts, the demurrer is sustained without leave to amend. Should plaintiff have any facts that she could plead to remedy the deficiencies herein, she may come to the hearing prepa red to present those facts and, ideally, include them in any request to contest this tentative. Otherwise, defendants shall file their answers on or SUPERIOR COURT OF CALIF...
2024.02.21 Motion for Issuance of Writ of Mandate 095
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.21
Excerpt: ...ty to e nforce all its conditions for the development of that specific property. The defendant City of Lafayette opposes the petition on the bases that plaintiff did not exhaust her administrative remedies and that the court is without authority to order the City to remove structures already built as such an order violates the rights of the property owners at 4069 Happy Valley Road. For the reasons et forth below, the court denies the petition f...
2024.02.21 Demurrer to FAC, Motion to Strike 839
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.21
Excerpt: ...iracy and alter ego theories. (Notice of Demurrer p. 2: 1 -11.) For the following reasons, the Demurrer is overruled as to the breach of written contract and voidable transfer causes of action and sustained as to the breach of oral contract, concealment(fraud) , promissory estoppel, and unjust enrichment causes of action. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their demurrer in detailing thei...
2024.02.14 Motion to Compel Further Responses 735
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.14
Excerpt: ...�l ed these two motions to compel further responses to special interrogatories and to compel further production of documents, Set 2, on September 25, 2023. Defendant One Gro, Inc. filed its opposition on January 31, 2024. Background Plaintiff Island Breez e Systems CA LLC and One Gro., Inc., an Oregon corporation doing business as One Gro Investment Group, entered into a series of agreements beginning in May 2017 and culminating in a Service Agr...
2024.02.14 Motion for Terminating Sanctions 885
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.14
Excerpt: ...dant H inton for a noticed deposition; 4) failed to produce defendant Khawaja for noticed deposition; and 5) failed to produce Doordash's representative for a noticed deposition. Defendant Doordash filed an Opposition on February 5, 2024, which, as plaintiff points out, is several months after the motion was served on Defendant Doordash. In his Reply to Doordash's “untimely” opposition, plaintiff urges the court not to consider it at all. Th...
2024.02.14 Motion for Summary Judgment, Adjudication 385
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.14
Excerpt: ... (ref erred to in motion pleadings as Rosa Torres Casinelli and referred to herein as the "Driver") when that vehicle made a left turn from Moraga Way onto Coral Drive and struck her in the intersection. (Compl. ¶ 7; City's Separate Statement ("SS") of Undispute d Material Facts ("UMFs"), UMF Nos. 37 -43, 45- 47, 50.) Among other things, Plaintiff contends that vegetation created shadows over the bike lane that contri...
2024.02.14 Motion for Summary Judgment 282
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.14
Excerpt: ...t hereby gra nts the motion, in part, on the ground that the City is entitled to design immunity. Discussion Factual Background Plaintiff filed a Complaint for Damages on July 1, 2022 against defendants Ryan James Richins, Stacy Dawn Richins, State of California, Count y of Contra Costa, City of Brentwood, and Does 1 -50, inclusive. Therein, Plaintiff alleged two causes of action: (1) Negligence and (2) Government Liability: Government Code sect...
2024.02.07 Motion for Preliminary Injunction 578
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...ublic easement (referred to as the "CutThrough") over a portion of a residential property located at 2354 Alameda Diablo in Diablo to which defendant U.S. Bank obtained title by foreclosing on its deed of trust secured by that property (the "US Bank Property"). Defendant Bart Wooten is the owner of an undeveloped lot ("Wooten Property") adjacent to the US Bank Property. (Compl. ¶ 4.) They allege the Cut-Through is an easement over a strip of lan...
2024.02.07 Motion for Reconsideration 327
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...s Motion or Reconsideration o the Court's (1) November 9, 2023 Order Denying Motion or Order Granting Leave to File a First Amended Complaint and (2) November 9, 2023 Order Granting Motion to Seal and Issue a Protective Order is denied. Background The court heard argument on Plainti¯'s Deborah Johnson's Motion or Leave to File a Þrst Amended Complaint and Deendant's Northgate Homeowner Association's Motion to Seal and Issue a Protective O...
2024.02.07 Motion for Summary Adjudication 619
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ... and Fair Dealing (Second Cause of Action), 3) Retaliation/Wrongful Termination (Third Cause of Action), 4) Disability Harassment (Fourth Cause of Action) and 5) Intentional Interference with a Contract or Prospective Economic Advantage (Seventh Cause of Action). Miller concedes that she cannot maintain her claim for disability harassment but opposes the motion as to the remaining causes of action. Millers request for judicial notice is granted ...
2024.02.07 Motion for TRO 395
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...ars, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “BeneÞciaries”), in a Wills and Trust case Þled in Contra Costa County (Case no. P21-00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the BeneÞciaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the BeneÞciaries engagement agreement with Plainti¯ (the “Ag...
2024.02.07 Motion to Compel Discovery Per Ex Parte 569
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...cate the premises after being served with three-day notices in June 2023. Plainti¯ owns a condo in the area known as Alamo Bridge. Plainti¯ rented out the condo to the defendants in July 2018 and the lease was renewed at least two times after that. Defendants signed a Lease Agreement which speciÞcally referenced the Alamo Bridge Home Owners Association's (HOA) CC&Rs and its rules. The defendants signed the lease and acknowledged the requirem...
2024.02.07 Motion to Strike SACC 829
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...PP special motion to strike is denied and the demurrer sustained without leave to amend. I. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 02/07/2024 Plainti¯, Michael Giu¯rida is a surgeon who worked or deendants, Vivek Bansal, MD, and Vivek Bansal MD, Inc. (“deendants” or “Bansal”). Ater the relationship ended, plainti¯ sued deendants or w...
2024.01.24 Motion for Summary Judgment 261
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ...ic's separate statement does not comply with Cal. Rule of Court 3.1350(f)(2) because it does not contain a statement as to whether each UMF in Cutting Edge's Separate Statement is disputed or undisputed. The Court was able to determine, however, that Republic does not dispute any of Cutting Edge's relevant material facts by looking to both Republic's "Objections to Separate Statement" and its own separate statement. Cutting Edge's Request for Jud...
2024.01.24 Motion for Summary Judgment 025
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ... Construction Co. ("General Contractor") to perform masonry work at a residential construction project in Alamo (the "Project"). (Def. Separate Statement ("SS") of Undisputed Material Facts ("UMF") 5, 6, 8, 9, 62, 63, 65, 71.) Defendant Albert D. Seeno Construction Co., Inc. ("Manager") is the managing member of the General Contractor. (UMF 52, 66.) Dominguez alleges he was seriously injured when he fell from scaffolding while he was installing d...
2024.01.24 Motion for Partial Adjudication of Issues, to Compel Responses 287
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ... fifth cause of achon for violation of Labor Code section 2802 based on the Firm's alleged failure to reimburse expenses he claims he is owed. Plaintiff moves for summary adjudication of the fifth cause of action. The motion is not opposed. Legal Standards for Ruling on Defendant's Mohon for Summary Judgment Under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there i...
2024.01.24 Demurrer 025
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ... complaint on August 15, 2023 alleging the following causes of action arising from her tenancy at an apartment complex located at 3400 Richmond Parkway, in Richmond: (1) tortious breach of the implied warranty of habitability; (2) breach of the covenant of quiet enjoyment; (3) contractual breach of the implied warranty of habitability; (4) breach of contract; (5) retaliation in violation of Civil Code secton 1942.5; (6) private nuisance; (7) prem...
2024.01.17 Motion for Summary Judgment 951
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...IA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 (925)508- 1127 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 01/17/2024 John Muir Health ("JMH") and John Muir Health Foundation, seeking compensation for the injuries she sustained from the fall. Legal Standards for Ruling on Defendant's Motion for Summary Judgment under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that...
2024.01.17 Motion for Summary Adjudication 105
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...egligence; (3) Negligent Misrepresentation; and (4) Negligence. A demurrer to the complaint was partially sustained and plaintiffs filed a First Amended Complaint ("FAC") with the same causes of action and substantially the same facts. Plaintiffs allege an oral contract by which they retained SDE to visually evaluate framing in the attic of a home they sought to purchase prior to closing escrow. (Index of Evidence in Support of Motion, Amended Co...
2024.01.17 Motion for Discovery to Compel Compliance with Subpoena, for Sanctions 810
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...party September 28, 2023. Non-party Brothers Smith opposes primarily on the basis that the motion to compel is untimely under Code of Civil Procedure 2025.480 and that plaintiff has not complied with the meet and confer requirement of Code of Civil Procedure 2016.040. For the reasons stated below, plaintiff's motion to compel is granted in part. The litigation in this matter has been going on for years. Plaintiff is the former spouse of defendant...
2024.01.17 Demurrer to TAC 721
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...he 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 sufficient to acquaint [the] defendant with the nature, source and extent" of the...
2024.01.03 Motion for Summary Judgment 181
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.03
Excerpt: ...e motion is denied, as discussed below. Relevant Background Plaintiffs are a group of landowners who contend they are entitled to reformation of their deeds because their deeds do not include certain adjacent land that should have been included. Two of the plaintiffs, Greg and Jennifer Jerum, purchased 523 Santa Fe Avenue, Richmond, from the moving defendant, First Group, in March of 2018. (Separate Statement of undisputed Material Facts, hereina...
2024.01.03 Demurrer to Complaint 395
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.03
Excerpt: ...d. Overview of Complaint Plaintiff Emeziem & Others is a law firm that represented seven individuals — Melondy Spears, Candace Spears, Kela Spears, Olajuwon Spears, Shante Ray Jackson, Lashanda Ray, and Latondiwe Hasty (collectively, the "Beneficiaries"), in a Wills and Trust case filed in Contra Costa County (Case no. P21-00824). (q 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries — Willie L S...
2024.01.03 Application for Writ of Possession 519
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.03
Excerpt: ...a notice of application and hearing; and (3) a copy of the application and any affidavit in support thereof. (CCP S 512.030.) The file reflects service of the summons, complaint, notice of application, and application upon Defendants Amandeep Singh and NAVI Transport, Inc.. As a result, the court addresses the merits of the applications. Pursuant to CCP section 512.010(b), the application must be submitted under oath and include: (1) Plaintiffs b...

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