Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

85 Results

Clear Search Parameters x
Location: Contra Costa x
Judge: Mockler, Terri x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 231)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 847)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 50
Array
(
)
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 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...
2024.06.12 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...
2024.06.05 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...
2024.06.05 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...
2024.05.29 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 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 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 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...
2024.05.22 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...
2024.05.15 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 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 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 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 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...
2024.05.01 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...
2024.04.24 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...
2024.04.17 Demurrer to FAC 395
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
Excerpt: ...laint 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). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries – Willie L. Spears St...
2024.04.10 Motion to Compel Further Responses, for Sanctions 435
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.10
Excerpt: ...her verified responses to Form Interrogatory 17.1 and for sanctions on January 3, 2024. No opposition has been filed to the motion. The motion to compel and request for sanctions is granted for the reasons set forth below. The plaintiff, Niyogi Linzie, filed this action on November 17, 2021, alleging premises liability and damages for injuries sustained when she tripped and fell in the parking lot at the Willows shopping center in Concord, Cal...
2024.04.10 Motion to Compel Arbitration 347
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.10
Excerpt: ...tion of FEHA; (3) Retaliation in Violation of FEHA; (4) Failure to Prevent Discrimination, Retaliation, and Harassment in Violation of FEHA; (5) Negligent Hiring and Retention; (6) Constructive Discharge in Violation of Public Policy; (7) Failure to Pay Overtime; (8) Failure to Provide Accurate Wage Statements; and (9) Waiting Time Penalties. Plaintiff argues that the FAA applies to the 2017 Employment Agreement because the Supremacy Clause prohi...
2024.04.03 Motion to Compel Further Responses, for Sanctions 961
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.03
Excerpt: ...poses the motion to compel but agrees to produce a privilege log. The court denies the motion to compel and the request for sanctions but does order plaintiff to serve a privilege log by close of business on May 3, 2024. The plaintiff filed this action for bre ach of contract and breach of fiduciary duty. Plaintiff is a pharmacist and she entered into an agreement with defendant Jeff Morgridge to run a pharmacy in Moraga. The defendants, allege...
2024.04.03 Motion to Strike 833
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.03
Excerpt: ...rty damages and personal injuries as to defendants Asghar, as well as references in the complaint to hospital/medical expenses, general damages, and references to injuries to her person on the basis that the complaint states that the personal injury claim relate d to the impact has been settled. Defendants also move to strike requests for attorneys fees and costs since plaintiff alleges no statutory authority for such an award. The motion to stri...
2024.04.03 Special Motion to Strike 575
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.03
Excerpt: ...d Proced ural Background On January 2, 2024 Plaintiff Matthew Andrade filed this action against his employer, Defendant Pleasant Hill Recreation & Park District and Chris Petlock (whom the Complaint describes as an administrator of Pleasant Hill). The First Amended Complaint alleges age discrimination and harassment toward Plaintiff among other claims. On January 16, 2024, Defendants filed a special motion to strike allegations from the FAC rel...
2024.03.27 Motion to Compel Further Responses, for Sanctions 391
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...nfident ial legal and business analyses that would jeopardize plaintiffs' rights in this contractual dispute between plaintiffs, as tenants, and defendant, as the landlord. For the reasons laid out below, the motion is denied. Background This motion is in the c ontext of a Second Amended Complaint (SAC) alleging three causes of action: 1) declaratory relief; 2) reformation of contract for mistake, fraud and in equitable conduct; and 3) reformati...
2024.03.27 Motion to Compel Further Responses 974
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ... acility. Ms. Lily was a resident at defendant Sunrise Senior Facility as a memory care patient from 2/12/21 to 4/1/22. She developed a severe case of decubitus while in the facility and this condition ultimately led to her death. Plaintiffs filed a wrong ful death, elder abuse, and negligence action in September 2022. Presently, plaintiffs have filed seven separate motions to compel. For the reasons stated below, all seven motions are denied. ...
2024.03.27 Motion to Compel Discovery Responses 568
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...Counsel for plaintiff agreed to file supplemental responses. Plaintiff's counsel did serve supplemental responses on the defense on December 22, 2023. Plaintiff's counsel was served with this motion to compel on December 28, 2023. Defense counsel concede s in an email dated January 19, 2024, that the amended responses “satisfy her” and states she will file a declaration with the court to this effect. As of March 15, 2024, no such declaratio...
2024.03.27 Demurrer to FAC 295
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...s of ac tion. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/27/2024 Defendant's Request for Judicial Notice is granted. (Evid. Code § 452(c).) Defendant's Demurrer is sustained in part and overruled in part. Allegations in the Complaint In April 2020, Plaintiff 3150 Garrity Way DE, LLC entered into a written Emergency Occupancy Agreement (“Agreement”) with the Co...
2024.03.27 Demurrer 436
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...ate a cause of action and on uncertainty. (See, Defendant's points and authorities p.2.) In addition, Plaintiffs filed a substantive opposition. The Court will excuse the failure to file a demurrer because the points and authorities state the basis for the demurrer. S till, the section referencing Code of Civil Procedure section 430.10 states that Defendant is challenging the complaint, not specific causes of action. Thus, if there is any vali...
2024.03.20 Motion for Summary Judgment, Adjudication 401
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.20
Excerpt: ...of contract (against Gomez), (2) misappropriation of trade secrets, (3) conversion, (4) unjust enrichment, (5) breach of fiduciary duty (against Gomez), (6) aiding and abetting breach of fiduciary duty (against Gold Star), (7) intentional interference with prospective economic advantage, (8) breach of covenant of good faith and fair dealing (against Gomez), and (9) unfair business practice (against Gold Star). Gomez seeks summary adjudication a...
2024.03.20 Motion for Preference and Trial Setting 078
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.20
Excerpt: ...o s ustain serious injuries. According to her declaration in support of this motion, after she fell she was taken to the emergency department of Kaiser in Walnut Creek. She was diagnosed with zygomaticomaxillary complex fractures and orbital floor fractures, along with bruising to her right shoulder, shattered teeth, a concussion and neck pain. She continues to have problems related to the injuries. These include face numbness; painful mouth, te...
2024.03.13 Petition to Compel Arbitration 300
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...n June 2022, Kruse filed this lawsuit seeking $308,642 for unpaid work. A first amended complaint was filed in November 2022. Thompson Builders filed this motion to compel arbitration on December 21, 2023. “ ‘ “ ‘[T]he threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' ” ' [Citations.] … This initial issue also reflects the very plain principle that you cannot compel i...
2024.03.13 Motion to Strike, Demurrer 611
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...onsumer W arranty Act, Civil Code § 1791, et seq., fails to state facts sufficient to constitute a cause of action. (MTS p. 2: 3 -5.) 2. The claim for violation of the Magnusson -Moss Warranty Act, 15 U.S.C. § 2301, et seq., fails to state facts sufficient to consti tute a cause of action. (MTS p. 2: 6 -8.) 3. The claim for breach of express warranty under California Commercial Code, Cal. Com. Code § 2103, et seq., fails to state facts suffici...
2024.03.13 Motion to Stay Civil Proceedings and Discovery 072
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...Plaintiff Jaime Gonzalez Santiago alleges he was injured on June 9, 2022, while working for Defendant Georgia Langsam's horse breeding facility. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 0 3/13/2024 On June 7, 2023, Plaintiff filed an Application for Adjudication with the WCAB alleging injury on June 9, 2022, resulting from his employment with Defendant. On August 2...
2024.03.13 Motion for Summary Judgment, Adjudication 331
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...aratory relief. Only th e first and third causes of action are alleged against the Kristons. For the following reasons, the motion for summary judgment is granted. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be sep...

85 Results

Per page

Pages