Excerpt: ...y logistical history since then. The parties missed their originally scheduled date for final approval in February 2023. The notice to the class was sent, but it was discovered that it had been sent to an overbroad list including salaried employees. This required a stipulation to send out corrective notices. The parties then found themselves in a Catch-22 where they couldn't send the notices until they had a hearing date for final approval, but t...

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...

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...

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...

Excerpt: ...t Bell, Defendant Moreno began to make sexual remarks towards Plaintiff. This escalated to the point where, on December 10, 2022, Defendant Moreno physically assaulted Plaintiff and told her he wanted to have sex with her—on Bell grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/29/2023 on or about December 11, 2022, Plaintiff attended a meeting, accompani...

Excerpt: ... adjudication of the second affirmative defense to the cross complaint is treated as a moton for judgment on the pleadings and granted with leave to amend. Summary judgment is denied. Background This is an action for breach of contract arising from a home equity line of credit extended to Stephenses by National City Bank and secured by a second position Deed of Trust to their former residence at 2418 Santa Cruz Court, Byron, CA 94514. (undisputed...

Excerpt: ...4U and Defendant Jeffery Lee Klaus (collectively, "Defendants"). Plaintiffs also seek to dismiss a settled party, Defendant Suretec Insurance Company, and the Ninth Cause of Acton for Recovery of Contractor's Bond. Defendants oppose the motion on several grounds: delay, prejudice, failure to state a cause of action, statute of limitations, and substantive challenges to the cause of action for fraud. For the following reasons, the motion is grante...

Excerpt: ...oster care system when he was abused at facility (Tahoe Turning Point) where he was placed by the County as his legal custodian. (Compl. Intro„ 2, 3.) He alleges that between 1998 and 2000 when he was in foster care at the facility, a staff member of the facility sexually abused him multiple times. (Compl. 25-27.) He alleges that the defendants knew or should have known about the perpetrator's unfitness for his position and his sexual misconduc...

Excerpt: ... without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the "Property"). The operative Second Amended Complaint (SAC) was filed on July 18, 2023. It sets forth two causes of action against the Moving Defendants: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18...

Excerpt: ..., brought by Plaintiff against Defendant Complete Solar, Inc. ("Complete" or "Defendant"). Complete is in the business of installing solar systems on residential and business buildings. In November 2020, GNR and Complete entered into a contract wherein GNR would sell solar energy systems to consumers on behalf of Complete in return for a commission paid to GNR for each system sold. In other words, GNR would do the groundwork for the sale, and Com...

Excerpt: ...each of the covenant of good faith and fair dealing. This resulted in a jury award of damages which was later reduced in the Final Judgment. The jury awarded $5,000 in punitive damages. Judge Baskin issued a statement of decision on September 7, 2022 and entered Final Judgment on September 16, 2022. The Judgment mandated the sale of the real property underlying parties' dispute unless plaintiff could buy out the defendants. It also let stand an a...

Excerpt: ...d serve a second amended complaint. 2 Background This is a legal malpractice action. Plaintiff is Security Offcers & Investigations LLC (Sol). Defendants are Bradley Kass, an Individual (Kass), The Estate of Bradley Kass and Richard Kass as Executor of the Estate of Bradley Kass (the Estate), and (4) Kass & Kass Law Offices (the Firm). Sol's malpractice claim arises from the Firm's representation SOI in an underlying trial and appeal in Dodson v....

Excerpt: ...he grounds that he is a resident of Maryland. Plaintiff opposes on the grounds that the Court has specific personal jurisdiction over Gawad. 17 For the following reasons, the motion to quash is granted. Request for Judicial Notice Plaintiff requests judicial notice of documents from the California Secretary of State, a printout from the Maryland Bar Association website, and a printout from the LinkedIn website. The request is unopposed. The reque...

Excerpt: ...atus of the Probate Proceeding and its implications for this case on or before March 11, 2024. Background Plaintiff Jnbud Dawod Hadu ("Hadu" or "Plaintiff") alleges she is the "successor in interest" of her sister Sabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Third Amended Complaint ("3AC") 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP S 377.32" in support of Plaintiff's alleged standing. Plaintiff a...

Excerpt: ...s indicated below. Factual Summary On or about September 28, 2016 Plaintiff leased two storage units from Security Public Storage — Hapvard ("SPS — Hayward"), located at 24873 Huntwood Ave., Hayward, California. (9 4, Ex. 1.) In approximately February 2019, Plaintiff began noticing rat droppings, food and candy wrappers, and dead rats within her storage units. (910-14.) Plaintiff's property stored within the units was damaged by the rodents, ...

Excerpt: ...iff which allegedly had undisclosed structural damage. Defendant contends that the Court should quash the service of summons because Plaintiff failed to serve the summons in accordance with statutory requirements. Statutory Requirements of Service Code Civ. Proc., S 416.90 provides that "[a] summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person orto a pers...

Excerpt: ...tion to dismiss as a motion for judgment on the pleadings. A defendant may make a motion for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP S 438(c)(1)(B)(ii); Prickett v Bonnier Corp. (2020) 55 Cal.App.5th 891, 896.) Moreover, a court may grant a motion for judgment on the pleadings where a party lacks standing to bring the suit. A plaintiff...

Excerpt: ... notice. (Donabedian v. Mercury Ins. Co. (2004) 115 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Courts (1984) 153 Cal.App.3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) The only issue a demurrer is concerned with is whether the complaint, as it stands, states a caus...

Excerpt: ...r defendant USAA General Indemnity Company ("USAA") and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring based on a claim under their homeowners' policy made in February 2016. (3AC 9, 10, 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA cwer the replacement flooring installed based on that insurance claim. (3AC 14-27.) Plaintiff...

Excerpt: ...n January 5, 2024. The Complaint The complaint is six pages long and asserts two causes of action: for breach of an oral contract and for unjust enrichment. Plaintiff Orison alleges as follows. In 2011, Orison and Palecek entered into an oral agreement (the "Agreement") providing that Orison would serve as Palecek's independent sales representative to promote the sale of its products and solicit orders from customers and potential customers in a ...

Excerpt: ... are suing their homeowners insurance carrier defendant USAA General Indemnity Company ("USAA and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring after they made a claim under Plaintiffs' homeowners' policy in 2016. (3AC 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA over the replacement flooring installed based on that insur...

Excerpt: ...ion. Plaintiff's motion is denied. As the Court will explain, Plaintiff's argument skips a step and cannot establish as a matter of law that defendants have no right to discharge storm water into the Park because they have no easement. Procedural Objections The Court rejects Defendants' objections. They are contrary to the express directions of the Court at pretrial conferences. Defendants point out that in seeking a ruling on what Plaintiff cont...

Excerpt: ...tz. He first argues, with no citation to authority or other rationale, that discovery must be strictly limited to the issue of class certification. Who says so? First, the complaint includes non-class claims. Second, even if class certification were denied or abandoned, there would remain individual and representative claims to litigate. And in any event, this case has now been pending for over three years. If the parties have not gotten started ...

Excerpt: ...ARTMENT 21 (925)608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/13/2023 Plaintiff James Grimes worked for westcat since approximately October 2009. (UMF 1.) Effective February 14, 2022, WestCat implemented a COVID-19 Vaccination Policy (the "Policy") that required all WestCat employees to either: (1) provide a medical or religious exemption to the COVID-19 vaccination requirement ("Exemption Form") by February 28, 2022; or (2) provide p...

Excerpt: ...general demurrer to the first cause of action for failure to state facts suffcient to state that causes of action against Duggan — sustained, without leave to amend; and (c) Duggan's general demurrers to second, third and fourth causes of action and Districts general demurrers to all causes of action for failure to state facts sufficient to state those causes of action - overruled. Background Plaintiff began her employment with defendant San Ra...