Excerpt: ... a Certified P ublic Accountancy ("CPA") firm founded in 2006. (Compl. ¶ 10.) RP alleges it hired each of the defendants as at will employees in a time frame ranging from 2006 to 2013. (Compl. ¶¶ 11 -13) The owners of RP with equity interests in the firm are Sharon Rubens , Linda Martins and Lisa Martin. (Compl. ¶¶ 1, 20.) RP alleges that it entered into negotiations with each of the defendants beginning in 2020 by which each woul...

Excerpt: ...mplaint against defendants Diablo Country Club (DCC) and Diablo Community Services District (District) alleging the following causes of action: (1) Inverse Condemnation; (2) Trespass; (3) Nuisance; (4) Injunctive Relief; (5) Negligence –Government Code Section 815 .2(a); and (6) Negligence. Plaintiffs' complaint concerns damages to their home at 208 Fairway Drive in Danville, California (the "Property") arising out of a flooding event ...

Excerpt: ...a (th e “Property”). Prior to the purchase of the Property by Plaintiff in September 2016, Defendant KRBC, LLC “was the owner and developer of the new construction on the 15 Property,” as well as some of the surrounding area. (¶ 15.) Defendant Bradley Candau, w ho was a member of KRBC, served as the broker, KRBC's listing agent, and the authorized representative of KRBC (the seller of the Property) for the transaction. (¶ 19.) As part o...

Excerpt: ... court ordina rily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” (OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141 quoting People v. Bell (1984) 159 Cal.App.3d 323, 329.) As the U.S. Supreme Court “explain ed, ‘the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort ...

Excerpt: ...en business tort relate d cause of actions. For the following reasons, the Demurrer is sustained as to the Breach of Contract Against Gary Johnson, and Violation of Business and Professions Code §§ 17200 et seq. causes of action and overruled as to the remaining causes of actio n. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their Demurrer in detailing their meet and confer efforts with Plaintiff...

Excerpt: ...ideo confer ence with the party who filed the pleading that is subject to the demurrer….” (Cal. Code Civ. Proc. § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (Cal. Code Civ. Proc. § 430. 41(a)(1).) The demurring party shall file and serve a declaration stating that either: “(A) The means by which the demurring party met and conferred with the party who...

Excerpt: ... Medic al Group, Inc.'s motion to compel arbitration and stay proceedings is continued for further proceedings. Plaintiff sued Defendants for various employment related claims. Defendants filed this motion to compel arbitration arguing that Plaintiff agreed to arbitrate her disputes during her onboarding process. (Both sides treat the two defendants, Laseraway Holdings, LLC and Laseraway Medical Group, Inc., as one entity for purposes of the arb...

Excerpt: ...3) Negligent Infliction of Emotional Distress. Defendant demurrers to the second and third causes of action. Overview of Complaint Plaintiff Daryl Merritt is the son -in -law of Defendant Andrea Merritt. (¶ 1.) Defendant is litigating a dissolution of marriage from Plaintiff's father – Ronald Merritt. (¶ 8.) Plaintiff alleges that the reason for the separation was Defendant's erratic behavior and acts of domestic violence against his father....

Excerpt: ...its websit e it is apparently in the business of constructing foundations for swimming pools and similar features. Plaintiff Quiroz worked for defendant as a laborer from 1989 to 2020. Plaintiff Basurto worked as a lead from 2009 to 2022. The original complaint was fi led by plaintiff Quiroz as a PAGA and class -action case on March 14, 2022. It was amended later to include claims for piece rate employees. (The majority of defendants' non - exem...

Excerpt: ...e LWDA. E. Background and Settlement Terms Defendant operates major hospital and other medical facilities throughout the County. Plaintiffs were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/02/2024 employed as non- exempt hourly employees of defendant, though their job duties are not specified. Lundsgaard worked at John Muir from 2021 to 2021; Randolph from 2016 t...

Excerpt: ...g – and it di d not review or rely upon the original Points and Authorities. Defendant's request for judicial notice is denied because the Court does not need judicial notice for documents in this docket file. Factual Background This matter concerns injuries allegedly sustained by Plaintiff Juana Thomas as a result of the “new” fare gates installed at the Richmond BART station in 2019. BART Fare Gates In 2018, the District began investigat...

Excerpt: ... requested a statement of decision under Code of Civil Procedure § 1291: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment … is made that is appealable under this title [Title 9, Arbitration].” A denial of a motion to compel arbitration is appealable under Code of Civil Procedure § 1294(a). Arguably the request does not comply with the requirement of § 632 that it “...

Excerpt: ...lusive foru m for litigation between them. For the following reasons, the motion is denied. Legal Standard In accordance with California Code of Civil Procedure § 418.10(a)(2), a defendant may serve and file a notice of motion “to stay or dismiss [an] action on the gr ound of inconvenient forum.” Upon such a motion, if in the interest of substantial justice, a court finds that an action should be heard in a forum outside California, the co...

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...

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...

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...

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...

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...

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...

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...

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...

Excerpt: ...n 36(a) pr ovides that if a party is over 70 years old, the party may request a trial preference "which the court shall grant if the court makes both of the following Plaintiff Castillo filed his complaint against defendant Bachman in May 2022, asserting two causes o f action arising out of a motor vehicle accident on November 19, 2019 in which Plaintiff was rearended. Plaintiff alleges he suffered personal injuries resulting from the accide...

Excerpt: ...the proje ct is inconsistent with the City's Municipal Code and General Plan, that the City violated the Housing Accountability Act (Gov. Code § 65589.5, or “HAA”), and that the City violated the California Environmental Quality Act (Public Resources Code § 21000 et seq., “CEQA”). CAMPAD's Petition for Writ of Mandate and Declaratory Relief is denied. I. Background This consolidated matter involves a proposed development project at a pr...

Excerpt: ...�) Motion To Compel Plaintiff Vincent Garrett's claims to binding arbitration and stay the stay the state court proceedings pending arbitration. The Motion relates to Plaintiff's Complaint for (1) Violations of the Consumers Legal Remedies Act, Civil Code § 1750; (2) V iolation of the Automobile Sales Finance Act, Civil Code § 2981; (3) Violation of Penal Code § 496; (4) Fraud and Deceit; (5) Negligent Misrepresentation; (6) Violation of the R...

Excerpt: ...Cal.4th 919, 924, fn. 1.) General Allegations of the Complaint The Complaint in this matter alleges causes of action for negligence, premises liability, and wrongful death. On February 12, 2022, Llaneth Chavez and her daughter Malya Goyal visited Malya's father – De fendant Charu Goyal – at his home located at 16 E. Ridge Court in Danville (the “Property”). (¶2 -4.) It is alleged that the Property had a swimming pool. (¶5.) The swimming...