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2024.05.06 Petition to Compel Binding Arbitration, for Stay 701
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.06
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...
2024.05.06 Demurrer 825
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.06
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 ...
2024.05.06 Demurrer 066
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.06
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...
2024.05.06 Motion to Stay Proceedings, for Judgment on the Pleadings 943
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.06
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 ...
2024.05.03 Motion to Strike 761
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
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...
2024.05.03 Motion to Strike 669
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
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...
2024.05.03 Motion to Compel Arbitration and Stay Proceedings 056
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
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...
2024.05.03 Demurrer 060
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
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....
2024.05.02 Motion to Dismiss, Demurrer to FAC 416
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
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...
2024.05.02 Motion to Compel Arbitration 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
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 “...
2024.05.02 Motion for Summary Judgment 984
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
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...
2024.05.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 724
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
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...
2024.05.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
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...
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...
2024.04.29 Motion for Preferential Trail Setting 955
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.29
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...
2024.04.26 Petition for Writ of Mandate and Declaratory Relief 955
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.26
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...
2024.04.26 Motion to Compel Arbitration 639
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.26
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...
2024.04.26 Demurrer 827
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.26
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...
2024.04.25 Motion for Approval of PAGA Settlement 641
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ...laintiff als o moves for approval of his attorney's fees, litigation costs, administration costs, and representative payments. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging violations of the Lab or Code. The allegations have been revised by amendments, but as framed in the second amended complaint they center principally on untimely payment of wages. This case was first �...
2024.04.25 Demurrer to FAC 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ...emurrer is otherwise overruled. The Dis trict shall file and serve its answer by May 9, 2024. In addition, as discussed below, the matter is set for June 5, 2024 at 8:30 a.m. (the next CMC date) for an order to show cause why the complaint should not be dismissed for the inappropriate attempted representation of a trust by a non-attorney. Background and Allegations Plaintiff is one of the trustees of the Jordan Family Trust, which owns real prop...
2024.04.25 Writ of Mandate 306
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... notify th e Court and opposing counsel by 4:00 p.m. on the date of this posting, April 24. In short, the Court now rules: • Although there is a question about the report being read by Judge Campins, there is no broader prohibition on the Court generally (a differen t Judge) seeing and reviewing the report. • The District Attorney's office, however, may not see the report, at least not at this point. • The Court can and should review the re...
2024.04.25 Motion for Final Approval of Class Action Settlement 731
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... granted, the administrator has mailed notices to 120 class members. No packets were returned by the post office, and there are thus no nondeliverable notices. One additional person came forward and, after inquiry, was determined to be a class member as well. No o bjections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a ...
2024.04.25 Motion for Preliminary Approval of Class Action Settlement 576
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... locations . Plaintiff is a former nonexempt employee of defendants, though her job description and employment dates are not provided. The original complaint was filed on March 3, 2021. Several amendments were made, one of which (in September 2022) added PAGA claims. The settlement would create a gross settlement fund of $625,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICI...
2024.04.25 Motion to Quash Subpoenas 695
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2024.04.25
Excerpt: ... intesta te. The Petition seeks an order confirming that one half of the Decedent's 2.2582% separate property ownership interest in Countrywood Shopping Center Associates (which the Decedent received through an inheritance from his father's trust) be confirmed to Petitioner as her intestate share of this asset (see Prob. Code § 6401(c)(2)). Respondent objected to the Petition on January 19, 2024 (the “Objection”). The Objection alleges tha...
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: (...
2024.04.22 Petition to Compel Arbitration, Dismiss Class Claims and Stay Proceedings 820
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.22
Excerpt: ...#34; or "Moving Parties"). For the reasons set forth, the motion is granted as to all claims other that Plaintiff's "non- individual" PAGA claims, addressed below, the class claims are dismissed, and the action is stayed pending completion of the arbitration. A case manag ement conference shall be set for 8:30 a.m. on December 10, 2024, to review the status of the case and the arbitration. Background Plaintiff Iliana Reyes all...
2024.04.22 Motion for Summary Judgment 114
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.22
Excerpt: ...0 north of El Cerro Boulevard in Alamo, California on February 23, 2018. (UMF 1 -2.) The accident occurred at approximately 10:00 p.m. (UMF 1.) While attempting to change lanes, Mr. Cruz collided with Plaintiff Francie Lacey -G ra n t 's vehicle. (UMF 2.) Defendant Luis C ruz was operating a pickup truck owned by his employer – Defendant Gesick Concrete, Inc. (“Gesick Concrete”) (UMF 4.) Mr. Cruz was driving the vehicle within the course an...
2024.04.22 Motion for Summary Adjudication 346
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.22
Excerpt: ...tion Defendant seeks summary adjudi cation as to seven separate issues related to causes of action two through six, eight through nine, and the prayer for punitive damages. For the following reasons, the MSA is granted -in -part and denied -in -part. The MSA is denied as to of Employee as Indepe ndent Contractor; (2) Failure to Indemnify and Reimburse Employees; (3) Failure to Pay Overtime Compensation; (4) Failure to Furnish Timely, Accurate and...
2024.04.22 Motion for Judgment on the Pleadings 271
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.22
Excerpt: ...ground In the operative second amended complaint ("SAC"), Plaintiffs allege a single cause of action for breach of fiduciary duty defendant Jordan Yudien. (Second Am. Comp. ("2AC") 3rd C/A, ¶¶ 36 -47.) Yudien represented defendants Jerry Kilarr, now deceased, and Co nstance Kilarr in litigation with Plaintiffs the Menascos in James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior 16 Court Case No. MSC16 -0...
2024.04.19 Motion to Set Aside Entry of Default 529
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.19
Excerpt: ...ation t hat he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a letter to Plaintiff on July 11, 2023. Defense counsel heard nothing from Plaintiff until he received a copy of the request for default in the mail around August 21, 2023. On August 22, 2023, Defendant attempted to file an answer that was rejected by the court because default had been entered. Defendant moves to set aside the defa...
2024.04.18 Motion for Attorney Fees 080
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2024.04.18
Excerpt: ...for atto rney's fees pursuant to Code of Civil Procedure section 1021.5. Under section 1021.5, a court may award fees “to a successful party … in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a signifi cant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons; and (b) the necessity and financial burden of private enfor...
2024.04.18 Motion for Summary Judgment 126
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.18
Excerpt: ...l of th e party's intention to contest, specifying the issues to be contested. As stated in last week's tentative ruling, however, even if there is no contest, counsel are to appear (Zoom okay) to discuss scheduling and the future course of this case. The Court va cated last Friday's scheduled Issue Conference/Mandatory Settlement Conference in light of its not having decided this motion yet. Moreover, the Court predicted last week that the prese...
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...
2024.04.15 Motion for Summary Judgment 344
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.15
Excerpt: ...y judgment direc ted toward the first amended complaint. Procedural Background Plaintiff filed his Complaint on November 10, 2021. Defendant Oakwood Athletic Club, LLC (“Oakwood”) filed its Answer on January 26, 2022. Thereafter, Defendant filed its MSJ on May 5, 2023. T he MSJ was set for hearing on August 17, 2023. On July 17, 2023, the Court continued the hearing 24 25 until November 16, 2023. On November 9, 2023, the Court continued t...
2024.04.15 Motion for Leave to Amend Complaint 614
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.15
Excerpt: ...care), and add additional allegations regarding certain loan distributions. Defendant Albert D. Seeno Jr. opposes the motion on several grounds including legal futility and inexcusable delay. For the following reasons, the motion is granted. The First Amended Complaint is deemed filed as of April 15, 2024. Plaintiff is directed to electronically file a new copy of the Second Amended Complaint by April 19, 2024. Analysis A trial court has discre...
2024.04.15 Motion for Judgment on the Pleadings 271
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.15
Excerpt: .... (Second Am . Comp. (“SAC”) 1st C/A, ¶¶ 1-30.) Kilarr was previously a party to litigation with Plaintiffs the Menascos, specifically the case James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior Court Case No. MSC16 -01460 (the "Prior Litigatio n"). The Prior Litigation was resolved by settlement. This lawsuit arises out of the settlement and other events related to the Prior Litigation. 21 After this acti...
2024.04.15 Demurrer to FAC 522
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.15
Excerpt: ...ining c laims. Plaintiffs may amend their complaint to include a wrongful foreclosure cause of action at a later date should it become necessary. WFB shall answer the FAC no later than April 29, 2024. The Complaint This case arises out of the claim of plaintiffs Steven V. Schnier and Ana Maria D. Schnier that defendant Wells Fargo Bank, N.A. (WFB) moved forward with foreclosing on plaintiffs' residence despite their application for a loan modifi...
2024.04.15 Demurrer 399
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.04.15
Excerpt: ...t moved to intervene in t he action as of the date of the hearing or within seven days of the date of the hearing, the Court will appoint a guardian ad litem for Plaintiff under Code of Civil Procedure sections 372 and 373(c) as set forth below. Background In the SAC, Plaintiff Chl oe Lauren Zebrach alleges a single cause of action for negligence against Monte Nido, a residential care facility. (SAC ¶ 2.) Plaintiff was diagnosed with bi -polar d...
2024.04.12 Motion to Strike 879
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ... 2023 she, as tenant, entered into a written agreement with defendant Starwood Enterprises, LLC (Starwood), as landlord, to rent the premises located at 1907 Hoffman Boulevard in Richmond. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMEN T 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 (Complaint, ¶ 9.) Plaintiff alleges the premises suffers from substantial habitability defects, including “rodents/ins...

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