Excerpt: ...(“District”) is a reclamation district that owns and controls levees and drainage facilities in Contra Costa County. The District owns and operates a levee that runs through a portion of Defendants' Property. District policies prohibit encroachments on the levee crown (e.g. fences or gates), so that its employees will have unobstructed access to the levees. (¶ 25.) In or around August 2022, Defendants' representative contacted the District t...

Excerpt: ... gr anted. Mazzarella may prepare and submit a proposed judgment consistent with the SFSU and this order, after circulating the document for approval as to form. Mazzarella's request for attorney fees is granted in part. Mazzarella is awarded attorney fees and costs in the amount of $3,560. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/17/2024 Background Defendan...

Excerpt: ...tions, L LC, is unable to prevail on its complaint for breach of contract, as discussed below. In response, plaintiff fails to raise triable issues of fact. Cambra shall prepare and circulate a proposed form of judgment, separate from any order on this motion, to submit for the Court's signature. Factual and Procedural Background The facts are largely undisputed. Defendant, Ronald Cambra lives at 1364 Warren St. in Martinez, a property he inherit...

Excerpt: ...hou t prejudice. Background Happy Hours, LLC executed a Promissory Note and Business Loan Agreement each dated May 27, 2022 in favor of Plaintiff Stearns Bank National Association reflecting a loan in the original amount of $10.9 million. (Bell Decl. ¶ 9 and Exhs. 1 and 2.) The loan was secured by a deed of trust on real property located in Desert Hot Springs, California (“Property”). (Bell Decl. ¶ 10.) The loan was guaranteed as reflecte...

Excerpt: ...ted. Judici al Notice Defendant requests judicial notice of four exhibits. Judicial notice is granted as to Exhibits 3 and 4, which are a filing and a transcript from plaintiff's family -law case in Monterey Superior Court. (See, e.g., Cuenca v. Safeway San Francisco E mps. Fed. Credit Union (1986) 180 Cal.App.3d 985, 997; People v. Smith (1989) 215 Cal.App.3d 19, 25.) Notice is denied as unnecessary as to exhibits 1 and 2, which are the Court's...

Excerpt: ...ur and PAGA claims against Chevron U.S.A. Inc., Contra Costa Electric, Inc., Nooter Construction Company, and Nooter Corporation. Plaintiff moves for summary adjudication of the following affirmative defenses asserted in CCE's Amended Answer: Twenty- Eighth (Bar and Release), Twenty -Ninth (Collateral Estoppel and/or Res Judicata), and Thirtieth Affirmative Defenses (Double Recovery). Each affirmative defense centers around the argument that Plai...

Excerpt: ... Country Club Drive, Lafayette (in unincorporated County). The complaint alleges that plaintiff David Forkosh entered into a business deal with plaintiff Suraj Ethirajan and defendants Brian Adair, Perry Gong, and Diquan Gong. The purpose of the deal was to acq uire, rehabilitate, and flip the property. Forkosh was to contribute construction work (personally and through subcontractors). However, Forkosh (who had taken up residence) was evicted f...

Excerpt: ...tes, it app ears that Staffers is in the business of providing temporary clinical personnel to cover open shifts for health care organizations. Plaintiff Valpey, a certified nursing 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 05/16/2024 assistant, worked at least two extended assignments for Staffers, in Modesto and Walnut Creek. Valpey's declaration states that ...

Excerpt: ...f law.” (H oliday 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 (“Doe”)), 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 pl...

Excerpt: ...ointed to represent the estate in civil litigation. The remaining plaintiffs are the surviving children of the decedent. The attorney who filed the original complaint and FAC has subbed out, and counsel for plaintiffs now is Tariq Mohaddidi, representing himself and the remaining plaintiffs. However, he has filed no opposition to this demurrer or motion to strike. The FAC names three defendants: Dr. McWhirter, who has answered; Dr. Kamlot, who ...

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 ...

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...

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...

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...

Excerpt: ... denied. Sta tement of Facts The parties entered a sale and service Agreement whereby Defendants sold, and were to install, a commercial generator at Plaintiff's business location in Richmond, CA. (Complaint ¶ 11.) Plaintiff alleges that Defendants delivered the gener ator but failed to acquire the required hardware necessary to energize the generator. (Complaint ¶ 16.) Plaintiffs also allege that an express condition precedent to Plaintiff's p...

Excerpt: ...and 32 25 Clayton Road in Concord. (See SSUMF, Nos. 1 -2, and responses by defendants.) At least according to plaintiff, the work was performed pursuant to two contracts with then -owner, Hidden Glen, LLC and Kevin Hunter, a principal of Hidden Glen. (Ibid.) The Fi rst Contract, allegedly entered into in August of 2018, stated plaintiff would provide labor services, equipment and materials for 31 framing, rough electrical and mechanical work asso...

Excerpt: ...ry 21, 2021, Plaintiff submitted a proposal and was awarded a contract (“Contract”) as a general contractor for the construction of a car wash located on the commercial properly commonly referred to as 1755 Market Street, Concord, CA (APN's 128- 021-022, 128- 021 -024, 128- 033-027) (hereinafter “Project” or “Subject Property”). Defendant One Nine is and was the owner of Subject Property at that time. After Defendant One Nine fell...

Excerpt: ..."Decedent") who died on July 27, 2022 . (Third Amended Complaint ("3AC") ¶ 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP § 377.32" in support of Plaintiff's alleged standing. Plaintiff alleges she is "the intestate heir [of Decedent] whose interest is affected" by the act ion, "but for" the defendants' allegedly unlawful conduct. (3AC ¶ 3 and Exh. A [Kozicki Decl. ¶¶ 3 -7 ...

Excerpt: ... second cause of actio n is sustained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (2AC ¶¶ 11. 17, 18.) He alleges he suffers from trigeminal neuralgia as a result of the p rocedure which causes him severe pain that will require prolonged medical treatment and medication to control. (2AC ¶¶ 32 -38.) Plaintiff alleges causes of action fo...

Excerpt: ...Society, FSB, as t rustee for Verus Securitization Trust 2020 -1; NewRez LLC f/k/a New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing (collectively, “Defendants”) for (1) violation of Civ. Code § 2923.6; (2) breach of contract; (3) breach of covenant of good faith and faith dealing; (4) violation of Bus. & Prof. Code § 17200; (5) cancellation of instruments; and (6) declaratory relief. Before the Court is Plaintiff's Motion for prel...

Excerpt: ... B ernice Robertson, individually and as Trustee of the Bernice Robertson Exempt Trust. For the reasons set forth, the motion is granted in part. The dismissal shall be vacated, and the Court will enforce the Settlement Agreement by entry of a judgment under Code of Civil Procedure section 664.6 pursuant to the terms of the Settlement Agreement. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) The motion is denied to the extent Petitioner seek...

Excerpt: ... and comme rcial space. As part of this process, ROEM needed an easement agreement with the neighboring property (at that time it belonged to the Smiths). On August 2, 2016, ROEM and the Smiths executed an easement agreement, which addressed parking and provided for reciprocal public and emergency vehicle access. (Comp. ¶8 and ex. A.) The easement was recorded in 2017. (Comp. ¶11.) In 2019, the Smiths sold their property to Windmill Farms and H...

Excerpt: ...rtment offic ers responded to a report that a vehicle had driven into a ditch. (Administrative Record (“AR”) 9.) On arrival, Officer Culberson observed petitioner's Acura SUV wedged between a fence and the street. (Ibid.) Upon making contact with petitioner, Officer Cu lberson observed objective signs of intoxication, including the odor of an alcoholic beverage, and petitioner's slurred words, and unsteady balance. (AR 9.) Petitioner expresse...

Excerpt: ...Brentwoo d and the City Council for (1) violations of CEQA, (2) violations of the general plan, (3) due process pursuant to 42 U.S.C. § 1983, (4) injunctive relief, and (5) declaratory relief. The real party in interest is Costco Wholesale Corporation. In general, the petition raises issue of CEQA compliance as to a project that Costco proposes to develop in Brentwood. Respondents and Real Party bring this motion to dismiss Discovery Builders, a...

Excerpt: ...ailing party. In stead, they expressly provided that such fees and costs could be sought by a noticed motion. This is that motion. Plaintiff's motion for attorney's fees and costs is granted, but only to a limited extent. Plaintiff is awarded attorney's fees in the amount of $10,687.50, and costs in the amount of $508.61. Background, Litigation, and Settlement Plaintiff alleged that he bought a new 2017 Chevy Silverado. Without going into (now) i...