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2023.01.09 Demurrer 034
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.09
Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...
2023.01.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 499
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.01.05
Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...
2023.01.05 Motion to Continue Trial Date 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.05
Excerpt: ...ause, according to them, plaintiff in his recent deposition refused to answer a large number of questions without justification, instead asserting frivolous objections and refusals to answer. The details of this contention are not yet provided, given that the deposition transcript is not yet available. The two examples given in the present motion, however, certainly appear to bear out the contention. Defendants want time to prepare and litigate a...
2023.01.05 Motion to Contest Determination of Good Faith Settlement 499
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.01.05
Excerpt: ...vil Procedure (“CCP”) § 877.6(a)(2) determining that the settlement of this action proposed by Plaintiffs Vanecia Brown, Courtney Gordon, Sabrina Dennis, Roy Huskey, and Nicloe O'Neal (“Plaintiffs”) and Defendant Amazon is not in good faith. In the alternative, Syntruck asks for an order to stay the Settlement and grant a continuance to permit Synctruck to conduct discovery to properly evaluate the Settlement. For the following reasons, ...
2023.01.04 Demurrer 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.04
Excerpt: ...1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 01/04/2023 Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' position...
2023.01.04 Motion for Determination of Good Faith Settlement 676
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.04
Excerpt: ...asons set forth below, the hearing on this matter is continued until January 11, 2023. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing development. It was notified by homeowners of two of the homes had significant problems with the ceramic floor tiles, including t...
2022.12.29 Demurrers, Motion to Strike 460
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...mplainant” or “Agra Tech”)'s First Amended Cross‐Complaint (“FAXC”). Cross‐Defendant Natura Management, LLC demurs to the causes of action for (2) negligent misrepresentation, (3) intentional misrepresentation, and (4) fraud. Cross‐Defendants Natura Management, LLC; Natura Development, LLC; Natura Cultivation, LLC; and Phoenix Development, LLC demur to the causes of action for (5) negligence, (6) implied indemnity, (8) equitable i...
2022.12.29 Demurrer 693
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...and Jack Herico bring this class action complaint against John Muir Health, which operates, controls, and manages three hospitals and several outpatient centers and urgent care facilities. Unbeknownst to Plaintiffs and John Muir Health's patients that use the website, John Muir implemented a tracking pixel designed to record and transmit their interactions with the website to Facebook. If the patient is also Facebook user, the tracking pixel is d...
2022.12.29 Demurrer to FAC 870
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...s Song‐Beverly Consumer Warranty Act and the federal Magnuson‐Moss Warranty Act. The operative First Amended Complaint (“FAC”) alleges that on April 27, 2022 Plaintiff Shonte Herse purchased a 2019 Harley‐Davidson Touring Street Glide motorcycle from Defendant Harley Davidson Motor Company, Inc. and Does 1‐20. (FAC, ¶ 5.) Plaintiff alleges he received certain express and implied warranties from the manufacturer and seller of the vehi...
2022.12.29 Motion for Preliminary Approval of Class Action Settlement 073
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...A First Amended Complaint adding sex discrimination claims was filed February 27, 2020. A Second Amended Complaint was filed June 11, 2020, raising claims under PAGA. Ultimately, the allegations include non‐compliant meal and rest periods, waiting time, wage statement claims, and failure to pay wages claims. (The individual discrimination claims were dismissed on September 30, 2022.) Masterson filed a related complaint, which was consolidated w...
2022.12.29 Motion for Preliminary Injunction 583
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...property and (2) taking any action that may threaten the health of the mature cherry tree that is located at or near the border between the parties' residences. Defendants are not enjoined from taking down the existing fence and constructing a new fence on the legal boundary between the two residences, as shown on defendants' October 2022 survey. This aspect of the Court's ruling, however, is subject to the following limitations: • Defendants s...
2022.12.29 Motion for Summary Judgment, Adjudication 716
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...nt is granted. Accordingly, as there is no remaining basis for liability as to Defendant Walnut Creek, Defendant's motion for summary judgment is also granted as to Cross‐Complainant's Cross‐ Complaint for indemnity, contribution, apportionment, and declaratory relief. Factual Background This matter pertains to a car versus bicycle accident that occurred on August 23, 2019. On that date Togtokh (“Tommy”) Oyuntseren (hereinafter “Plainti...
2022.12.29 Motion to Compel Arbitration and Dismiss or Stay 183
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...h plaintiff was covered by a collective bargaining agreement. (Van Dam dec.) These agreements are attached as exhibits A, B and C to Van Dam's declaration and the Court references these agreements as A, B and C respectively. Ellis' employment was covered by agreement A, Shay's employment was covered by agreement C, and Treanor's employment was covered by agreements B and C. (Van Dam dec. ¶¶ 3‐9.) Agreement A includes an arbitration clause in ...
2022.12.22 OSC Re Preliminary Injunction 440
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.22
Excerpt: ... Martinez, California 94553 ("Property"). For the reasons set forth, and subject to the conditions stated in this ruling, a preliminary injunction shall issue enjoining and restraining the conduct of the foreclosure sale against the Property. Among other conditions set forth below, this ruling is conditioned upon Plaintiff filing an executed version of his declaration dated November 28, 2022 filed in support of his Ex Parte Application, updated t...
2022.12.21 Motion to Seal Records, to Compel Compliance with Court Order 746
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.21
Excerpt: ...urt Order, and Portions of the Memorandum in Support of Motion to Seal. The Motion is unopposed by Defendants. Nevertheless, the Court evaluates the Motion pursuant to California Rules of Court, rules 2.550 and 2.551. California Rules of Court, rule 2.550(d) permits the Court to order court records sealed only if the Court expressly finds facts establishing all of the following: (1) There exists an overriding interest that overcomes the right of ...
2022.12.21 Motion to Compel Arbitration 746
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.21
Excerpt: ...or (1) declaratory relief (with respect to the July 30, 2020 Employment Agreement right to termination); (2) declaratory relief (Employment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 14 Agreement validity in light of Corporations Code § 300); (3) declaratory relief (Employment Agreement validity in light of undue influence and duress; (4) ...
2022.12.21 Motion for Summary Adjudication 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.21
Excerpt: ...matter of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 5 law with respect to its first cause of action for contractual indemnity and (2) in the alternative, Whole Foods is entitled to a defense because Ruan has a duty to defend. Procedural Errors Whole Foods' separate statement does not comply with California Rule of Court, rule 3.1350(d) by ...
2022.12.19 Motion to Set Aside Default 282
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...ground SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/19/2022 9 Plaintiff Maria Gonzalez filed her complaint against Reliant Food Services, Inc. ("Reliant"), Shinja Kim, and Fernando Guerrero (collectively, "Defendants") in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code an...
2022.12.19 Motion for Summary Judgment, Adjudication 142
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...udication of Issue Nos. 1, 2 and 6 is denied. Summary adjudication of Issue Nos. 3 and 5 is granted. Defendants' Issue No. 4 for adjudication is moot. Summary judgment on the complaint is denied. Relevant Factual and Procedural Background Defendants Nicole M. Evans and William F. Evans are former owners of a family residence within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes a...
2022.12.19 Motion for Summary Judgment 167
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...sons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5950 ...
2022.12.19 Demurrer 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...ons set forth, the demurrer is overruled. Defendant shall file her answer to the CrossComplaint by January 3, 2023. Background Plaintiffs are some of the co‐ owners of the property located at 221 Sanford Avenue, Richmond, California (the "Property") along with Defendants Tarnetta Tatum and Shenitta Singleton, who each own a 1/24th interest in the Property. Plaintiffs' Complaint seeks partition of the Property. On September 26, 2022, Tatum and S...
2022.12.15 Motion for Judgment 503
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.15
Excerpt: ...as not reached a final decision on this matter, but has provided a tentative ruling to assist the parties in preparing for argument. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/15/2022 4 Real Party In Interest Reabold California, LLC has two oil wells in the Brentwood oil field that produce 300 barrels of oil and 300 barrels of water per day. Currently, the water is...
2022.12.15 Demurrer to FAC 240
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...ellation of the trustee's and foreclosure sale and (3) fraud and deceit and/or negligent misrepresentation pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. (The second cause of action for wrongful foreclosure is not alleged against Defendant Project Lift Up.) For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complai...
2022.12.15 Demurrer, Motion to Strike 404
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...s and the managers of 400 Taylor Holdings LLC. In 2007, Bimal Patel and Matthew Sirott formed 400 Taylor Holdings LLC by adopting a preliminary Operating Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE...
2022.12.15 Motion to Compel Responses to Subpoena 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...und good attorney skills. Man was I wrong. After seeing the wheels come off his supposed “strategy” in a humiliating (but very predictable) crash and burn after his slow pace stretched the case timeline out unnecessarily, it became apparent that I had performed the professional equivalent of handing my teenage son the keys to a new Lamborghini. I've done a fair bit of reflection since then, and have been pondering the following: Is he the big...
2022.12.15 Motion to Quash Summons 543
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...yled as being brought against Defendant “Café Campos Altos E.E. dba Our Coffees, Inc.” (“Our Coffees”) and Does 1 through 10. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 23 of 24 Peet's retained a California registered process server to serve the summons, complaint, and accompanying documents. (Declaration of Robert D. Eassa (“Eassa Decl.”) E...
2022.12.15 Motion to Consolidate Actions 018
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 20 of 24 The Court will refer to this case by the last two digits of the docket number, i.e., the “18 Case.” Two other cases that generally relate to the Project are currently pending: C22‐00045 (the “45 Case”) and C22‐00227 (using the last three digits of the docket number, i.e., the “227 Case”) The defendant in the 18 Case, Divine Development Corp. LLC (“Divi...
2022.12.14 OSC Re Preliminary Injunction 234
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.14
Excerpt: ...”). BAP and PSP are completing businesses that sell fuel. BAP hired Nguyen as a sales representative to service its customers throughout the Bay Area. (See Declaration of BAP principal Tim Gately [“Gately Decl.”], par. 2.) Nguyen was provided with a work laptop and a cell phone and had password‐protected access to files and databases where BAP stored confidential and proprietary information, including the “identity of plaintiff's custom...
2022.12.14 Motion for Judgment on the Pleadings 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.14
Excerpt: ... pleadings (“MJOP”). The MJOP relates to Plaintiff Vahid Haghiri (“Plaintiff” or “Haghiri”)'s Complaint for (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Promissory Estoppel; (3) Negligent Misrepresentation; (4) Wrongful Foreclosure; (5) Cancellation of Instruments; and (6) Declaratory Relief. As a threshold issue, the Court declines to disregard Plaintiff's late‐filed opposition. Defendants were able to file and serve ...
2022.12.12 Motion for Summary Judgment 534
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.12
Excerpt: ...on, and shall submit that proposed judgment to defendant's counsel for approval as to form. Plaintiff's request for judicial notice is granted. The trial and issue conference dates are vacated. The basis for this ruling is as follows. A. Background. Plaintiff Allevity, Inc. seeks summary judgment on its claim that defendant Brickyard Landing Owner's Association, Inc. breached its contract by failing to indemnify Allevity for the costs of defendin...
2022.12.08 Petition to Compel Arbitration 306
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...ultiple defects in violation of express and implied warranties covering the car and that despite efforts to have the vehicle repaired at authorized Nissan repair facilities, the vehicle is still defective. (Def. RJN Exh. 1 [Compl. ¶¶ 7‐16].) Plaintiff's complaint alleges seven causes of action, including various violations of the Song‐Beverly Consumer Warranty Act, Civil Code section 1790 et seq. ("Song‐Beverly Act" for convenience) (1st�...
2022.12.08 Motion to Disqualify Counsel 898
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.08
Excerpt: ...OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/08/2022 Page 3 of 16 Standard Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature...
2022.12.08 Motion for Summary Judgment 998
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.08
Excerpt: ...9, 2018. She alleges defendant Charlie Paul Ramos rear‐ended her vehicle when she had slowed before making a right turn from northbound L Street onto Sycamore in Antioch. (Compl. p. 5.) Ramos filed an answer to the Complaint on September 2, 2021, alleging as his seventh affirmative defense that Plaintiff's claim is barred by the doctrine of accord and satisfaction. Plaintiff is represented by the Joseph Farzam Law Firm, and was formerly represe...
2022.12.08 Motion for Judgment on the Pleadings, for Appointment of Special Master 460
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...sons, the MJOP is granted, with leave to amend. Request for Judicial Notice Plaintiff's unopposed Request for Judicial Notice is granted. (Evid. Code §§ 452, 453.) Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with ma...
2022.12.08 Motion for Final Approval of Class Action and PAGA Settlement 482
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...mber 19, 2020, raising claims under PAGA and a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class represen...
2022.12.08 Motion for Final Approval of Class Action and PAGA Settlement 150
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...round and Settlement Terms The original complaint was filed October 16, 2019, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid wages due to rounding and off‐the‐clock work, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $390,000. The class represent...
2022.12.07 Motion for Summary Judgment 515
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.07
Excerpt: ...cember 2020, Dr. White alleges causes of action for negligence and premises liability. The Court has before it a motion for summary judgment (“MSJ”) brought by defendant John Muir Health (“John Muir”). The MSJ makes a single argument: that even assuming the facts are as alleged by Dr. White, John Muir did not owe Dr. White a duty to prevent the particular injuries suffered here, and as a result, summary judgment is warranted. Dr. White op...
2022.12.05 Demurrer to SAC 627
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ... to the fourth cause of action for breach of fiduciary duty ‐ moot based on the Court's concurrent ruling granting Placer's motion to strike the fourth cause of action. Plaintiff shall file any amended complaint by December 27, 2022. If Plaintiff seeks to allege a cause of action for breach of fiduciary duty or other new causes of action, Plaintiff shall seek leave to file an amended complaint. (See, e.g., Cal.R.Ct. 3.1324; Zakk v. Diesel (2019...
2022.12.05 Demurrer 775
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...ed a tentative ruling on the October 31, 2022 hearing, requesting supplemental briefing and continuing the hearing to this date. In the supplemental briefing, Kaiser informed the Court it would dismiss defendant KH from the action without prejudice. The dismissal of KH having been entered, the Court addresses only the demurrer by defendant PH in this ruling. For the reasons set forth, the demurrer is overruled. Defendant PH shall file her answer ...
2022.12.05 Demurrer to FAC 520
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...uninhabitable due to the structure being located on the top of a landslide. (FAC ¶9.) Plaintiff hired several different engineers that prepared reports on the property, but Defendant refused to remove the red tag. (FAC ¶¶11‐15.) The final report was provided to Defendant on December 13, 2019, but Defendant still refused to remove the red tag and issue a building permit. (FAC ¶15.) Plaintiff submitted a government claim on February 5, 2020, ...
2022.12.05 OSC Re TRO and Preliminary Injunction 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.05
Excerpt: ...l Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Property was sold to David Robb. Defendant Ronald Knarr purchased the Property in 20...
2022.12.05 Demurrer to SAC 830
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ... Second Amended Complaint (“SAC”) for (1) breach of written contract; (2) accounting; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) fraud; and (9) recovery of contractor's bond. Defendant demurs generally to the SAC's allegations regarding Alter Ego Liability. Defendant further demurs to the causes of action for (6) intentional misrep...
2022.12.05 Motion for Judgment on the Pleadings 829
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...int by December 19, 2022. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) As...
2022.12.05 Motion for Summary Judgment, Adjudication 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...dy injury resulting from physical assault by Defendant Peter Hilliard, an employee On Air, LLC. Hilliard was working near Plaintiff's home in Walnut Creek when the incident occurred on September 14, 2020. Plaintiff alleges the incident during the course and supervisory scope of Peter Hilliard's employment or contract with Defendants Verizon California, Inc., and GTE Corporation. Motion Plaintiff alleges a sole cause of action for general negligen...
2022.12.01 Demurrer 694
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...PARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/01/2022 purportedly sets forth three causes of action, namely: (1) Breach of Written Contract; (2) Common Counts; and (3) Declaratory Relief. Cross‐ Defendant demurs to the FACC in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendant also demurs to each of the above causes of action individually on the basis th...
2022.12.01 Motion for Approval of PAGA Settlement 249
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...y the issues raised by the Court previously will be discussed. Responses to the Court's Inquiries: 1. “There is no estimate of the number of aggrieved employees involved.” The parties advise that there are eleven aggrieved employees. 2. “There is no assessment of the strengths and weaknesses of the case.” Counsel for plaintiff has provided a somewhat general, but sufficient evaluation of the case. 3. “There is no provision for follow up...
2022.12.01 Motion for Attorney Fees 063
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...lement was filed. Plaintiff has now filed a motion for attorneys' fees and costs. The motion seeks an award of $40,570.60, which includes $25,508.00 in attorneys' fees, $2,634.80 in costs, a $8,927.80 lodestar multiplier, and an additional $3,500 for this motion. Defendant asks the court to deny the motion entirely, or, in the alternative, to award a reduced amount. For the following reasons, the Court denies Plaintiff's motion for attorneys' fee...
2022.12.01 Motion for Attorney Fees 578
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...fy an award of fees for services rendered to her 1 The court very nearly denied this Motion in its entirety. As stated above, the court was under the apparently mistaken understanding that no fee declarations had been filed in support of the Motion at all, as stated in the court's tentative ruling that became the order of the court on October 27, 2022. Evidently, the fee Declaration of Carolyn Cain was filed on August 30, 2022, nine days before t...
2022.12.01 Motion for Attorney Fees 630
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...40 rendered under California law. Prob. Code §§ 15681, 16423, 16247. In a proceeding to determine an award of fees, the court always has discretion in the exercise of its supervisory role over the administration of trusts to determine the reasonableness of fee requests. Donahue v. Donahue (2010) 182 Cal. App. 4th 259, 268‐270. II. TRUSTEE'S FEES Debra requests an order authorizing her to pay herself $13,250.00, for trustee's fees for the peri...
2022.12.01 Motion for Final Approval of Class Action and PAGA Settlement 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $1,520,000. The class representative payment to plaintiffs would be $5,000 each. Counsel's attorney's fees would be $532,000 (35%). Litigation costs would not exceed $55,000. The settlement administrato...
2022.12.01 Motion for Preliminary Approval of Class Action and PAGA Settlement 499
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...
2022.12.01 Motion for Judgment on the Pleadings, for Summary Judgment 096
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ... the Holders of WaMu Mortgage Passthrough Certificates, Series 2600‐AR14 (“Cross‐Defendant” or “U.S. Bank”)'s motion for judgment on the pleadings (“MJOP”). The MJOP relates to Cross‐Complainant Simone Braxton (“Cross‐Complainant” or “Braxton”)'s Cross‐ Complaint for (I) declaratory relief and cancellation of instruments, (II) prohibitive injunction, (III) mandatory injunction, (V) disgorgement, (alternative count VI...
2022.12.01 Motion to Compel Further Discovery Responses 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...21.5(b), i.e., whether “the necessity and financial burden of private SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/01/2022 30 enforcement…are such as to make the award appropriate[.]” To meet this test, a party must show that “the cost of the claimant's legal victory transcends his [or her] personal interest, that is, when the necessity for pursuing the lawsu...
2022.12.01 Motion to Transfer Venue 903
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...791 is granted. For the reasons set forth below, Defendant's Motion is denied. The matter is stayed pending resolution of the criminal matter currently pending in Alameda County Superior Court – Case No. 21‐ CR‐005791. Factual Summary This matter involves a personal injury action wherein Plaintiff Andrew Altamirano (“Plaintiff”) alleges that Defendant Dominic Garibaldi (“Defendant”) physically assaulted him resulting in injury to Pl...
2022.12.01 Motion for Preliminary Approval of Class Action Settlement 841
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...nt at ¶ 2.) A. Litigation Background This particular case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021, by Plaintiff Ricardo Villalobos. (Byrd Decl. at ¶ 7.) On August 9, 2021, Plaintiff Villalobos filed a First Amended Class Action Complaint...
2022.12.01 Motion to Compel Arbitration and Stay Action Pending Decision 783
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...elow, is granted, and Plaintiffs' individual PAGA claims are ordered to arbitration. The motion to stay action pending the decision on the motion is denied as moot. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through May 15, 2022. The case management conferen...
2022.12.01 Motion for Summary Judgment, Adjudication 213
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...ction, and as to Thomas Atherstone, defendant named only in the fifth cause of action, is granted. To the extent that Pawnee's pending motion also seeks entry of a default judgment against defendant Granite, that portion of the motion is denied, without prejudice to Plaintiff re‐filing the motion as a separate motion for relief which will be heard on January 11, 2023 pursuant to the Court's prior order setting the default prove‐up hearing. Pl...
2022.12.01 Motion for Summary Adjudication 073
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...ch owns an undivided 50% interest as tenant‐in‐common in a residential property located at 1670 San Luis Road in Walnut Creek. Defendant Oscar Hernandez is the owner of the remaining undivided 50% interest in the property. Plaintiff is Danelia Hernandez's daughter. Danelia and Oscar Hernandez, an unmarried couple, purchased the subject property in 1992, and held title as tenants in common. Danelia Hernandez transferred her 50% interest in the...
2022.11.30 Motion to Set Aside Summary Judgment 361
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.30
Excerpt: ... (Code Civ. Proc., § 473, subd. (b).) The failure to make such a showing is fatal to a motion for relief: Section 473 ("The court may, upon such terms as may be just, relieve a party . . . from a judgment . . . taken against him . . . through his . . . mistake, inadvertence, surprise, or excusable neglect."), by its own terms, both grants and circumscribes trial court discretion. Thus, if a party shows that a judgment has been taken against him ...
2022.11.30 Motion for Summary Judgment 747
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.30
Excerpt: ...oFi Lending Corp., as Attorney‐in‐Fact for Regions Bank, filed this action asserting a single cause of action for breach of contract against Defendant Pirthipal Dhillon arising from the alleged breach of a personal loan agreement. Plaintiff alleges that Dhillon breached the agreement by failing to make certain payments and $39,916.20 remains due and owing. In her November 12, 2020 answer, Dhillon checked the box stating she admits the allegat...
2022.11.30 Motion for Leave to File SAC 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.30
Excerpt: ...et forth, the motion is denied, without prejudice. If Plaintiffs elect to re‐file their motion for leave to file the 2AC, Plaintiffs shall include with the moving papers the proposed 2AC as well as a complete, redlined copy of the 2AC marked to show all deletions and additions made in the 2AC from the FAC. If Plaintiffs do not intend to make a claim for attorneys' fees against Yudien (see Plaintiffs' Reply, p. 2, fn. 1), then the proposed 2AC s...
2022.11.28 Motion for Preliminary Injunction 623
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.28
Excerpt: ...enue in Brentwood. 3330 Concord is located behind 3320 Concord, and it is landlocked. Historically, the sole means of accessing 3330 Concord has been the use of the driveway that crosses over 3320 Concord. In 2021, after litigation with Rachelle Chacon (Plaintiff's predecessor‐in‐title to 3330 Concord Avenue), Defendant granted an express easement that runs with the title to both properties. However, Plaintiff alleges that beginning in early ...
2022.11.28 Petition to Compel Arbitration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.28
Excerpt: ...e‐posts the text of the tentative ruling, reflected in the October 3, 2022 minutes issued on the hearing. Before the Court is a petition to compel arbitration filed by defendant SFS 39, Inc. For the reasons set forth, the petition to compel arbitration is granted in part as to Plaintiff's individual PAGA claims which are ordered to arbitration as well as stayed pending arbitration, and denied to the extent the motion seeks dismissal of the repr...
2022.11.17 Motion to Compel Arbitration, Dismiss Class Claims, Stay Action 420
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.17
Excerpt: ...”). For the following reasons, Defendant's Motion to Compel Arbitration, Dismiss Plaintiffs' Class Claims, and Stay Action is granted. Plaintiffs class claims are dismissed. This matter is stayed as to the individual causes of action pending resolution of the Parties arbitration of those claims. Factual Background Plaintiff Brett Roche was hired by Defendant as a Tow Service Driver in February 2020. He worked for Defendant until March 2021. Pla...
2022.11.17 Motion for Preliminary Approval of Class Action Settlement, to Intervene 222
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.17
Excerpt: ...aims on behalf of nonexempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, failure to provide meal and rest breaks, failure to provide proper wage statements, failure to reimburse necessary business expenses, and failure to pay all wages due on separation. The complaint included PAGA claims, based on notices previously provided to the LWDA. A First Amended Complaint...
2022.11.17 Motion for Leave to Intervene 841
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.17
Excerpt: ...cedural Background This is a putative class action arising out of a data breach. (Complaint at ¶ 2.) Proposed Intervenor is a putative class member in this action. (Id. at ¶¶ 88, 89.) This case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021 by...
2022.11.17 Motion for Issue and Evidentiary Sanctions 895
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.17
Excerpt: ...nses. (An order after hearing was entered on August 17, 2022.) On August 7, 2022, plaintiff served supplemental responses, which ARAG asserts were still deficient. Further meeting and conferring resulted in further supplemental responses, which ARAG asserts still remain deficient. Evidentiary sanctions are appropriate where previous attempts at gaining compliance through orders to supplement have been ineffective, and the court must make such ord...
2022.11.17 Motion to Compel Arbitration 202
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.17
Excerpt: ... dismiss representative PAGA claims alleged in the Complaint is denied without prejudice. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 15, 2023. The case management conference presently set November 30, 2022 is vacated, and a new case management conference is set for 8:30 a.m. on April 28, 2023. The parties shall include with their case management conference statements a report on th...
2022.11.16 Motion for Summary Judgment 417
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.16
Excerpt: ... in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendant's motion is granted. Defendant shall prepare a proposed judgment of dismissal3 separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. Preliminary Matters. Defendant's request for judicial notice is granted. The Court's grant of summary judgment shall not prejudice any right plaintiff may have...
2022.11.16 Demurrer 735
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.16
Excerpt: ...cussed below, the demurrer is overruled. The motion to strike is granted as to the new causes of action (2, 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 17 and 18), and otherwise denied, as discussed below. This order is without leave to amend, but without prejudice to plaintiff making the appropriate motion seeking leave to amend. Defendants One Gro, Daniel Isaacson, Peter Perisin and Placido Martinez, Jr. shall file and serve their answers on or before N...
2022.11.14 Motion to Set Aside and Vacate Default, Judgment 219
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.14
Excerpt: ...ia 94509, Assessor's Parcel Number 066‐136‐004. Plaintiff, an unmarried man holds the property as a joint tenant and co‐owner with Defendant Renae Chackel. Chackel holds title to an undivided, one‐ half fifty percent interest in the subject property. Plaintiff and Defendant have negotiated several agreements for buyout, but Defendant has yet to execute a quitclaim. Plaintiff filed this action for declaratory relief, quiet title, partition...
2022.11.14 Demurrer 919
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.14
Excerpt: ...OVERRULED in part and SUSTAINED in part, with 15 days' leave to amend. Background Plaintiffs Piedmont Capital Management, LLC and Dennis Lanni (collectively, “Piedmont”) brought this breach of contract action against defendants Terry Stephens and Kimberly Stephens (collectively, “Stephens”) to collect a debt arising from a home equity line of credit originally issued by National City Bank. Stephens answered, generally denying that any deb...
2022.11.14 Motion for Judgment on the Pleadings 682
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.14
Excerpt: ...quires the Defendant to either: (a) "generally den[y] each element of the complaint..." or (b) "admit all the statements of the complaint... are true except" those specifically denied. (Answer at p.1, ¶ 3.) Steben checked Box B, stating that she admits the allegations. However, Staben also checked Box 5, stating “In denying the allegations of the Complaint above, defendants denies not only the specific numbers and amounts alleged by plaintiff,...
2022.11.14 Motion to Quash Service of Summons 329
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.14
Excerpt: ...me" page. Shanti Elixirs is a limited liability company organized under North Carolina law and does business in Weaverville, North Carolina. (Compl. ¶ 3.) Defendant Volpe is the owner and founder of Shani Elixirs and resides in North Carolina. (Compl. ¶ 2.) Plaintiff cites two "Gofundme" pages attached as Exhibits 1 and 2 to the Complaint as the basis for his defamation suit, one of which invited support for Defendants "as we navigate the legal...
2022.11.14 Motion to Set Aside Default 282
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.14
Excerpt: ...R COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/14/2022 and Fernando Guerrero in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code and other relief arising out of her employment by Reliant which does business as Cactus Café. Kim and Guerrero are the CEO and CFO, respectively, of Rel...
2022.11.14 Motion to Stay or Dismiss Action, Demurrer 745
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.14
Excerpt: ...ual Background Plaintiff Anthony Astone (“Plaintiff”) entered into a purchase and sale agreement (“Agreement”) for real property located in Cabo San Lucas, Mexico (“Property”). The Agreement stated that “Global Mortgage [a/k/k MoXi] – [i.e. Defendant Global Mortgage Group, LLC d/b/a/ MoXi] – will handle the closing” of the transaction. Plaintiff provided a deposit of $35,350. Plaintiff applied, and was approved, for a loan thr...
2022.11.14 Motion to Strike Punitive Damages, Demurrer 669
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.14
Excerpt: ...tions in the Complaint The parties reside in the same general neighborhood in Danville, California and live less than one half mile from each other. Defendant owns a large Bernese Mountain dog named “Vera,” that weighs in excess of 100 pounds. Vera is very excitable, and Defendant has difficulty controlling her. Defendant often allows Vera to run around the neighborhood without a leash and uncontrolled. She will often run up to people and jum...
2022.11.14 OSC Re Preliminary Injunction 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.14
Excerpt: ...the Application is denied. The temporary restraining order is rescinded. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Prope...
2022.11.10 Motion to Compel Arbitration 718
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.10
Excerpt: ...rsuant to the Arbitration Agreement. Plaintiff's representative PAGA claims are not dismissed but stayed pending arbitration. However, if the California Supreme Court issues a ruling in the interim, Defendant may revisit the ruling on the stay. (Review granted in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860,) Background Plaintiff Laurie Johnson is a former employee of Defendant AmSpec, LLC, a New Jersey limited liability comp...
2022.11.10 Motion for Determination of Good Faith Settlement 603
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.10
Excerpt: ...rden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the Tech‐Bilt] factors as to be inconsistent with the equitable objectives of the stat...
2022.11.10 Motion for Approval of PAGA Settlement 249
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.10
Excerpt: ...ure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $25,000. This is composed of attorney's fees of $8,333. (onethird of the recovery), and a PAGA penalty of $16,667, of which $12,500.25 will be forwarded to the LWDA and $4,166.75, to be distributed to the aggrieved employees. Plaintiff also entered into a separate settlement of his individual claims, which is confidential. Counsel's motion ...
2022.11.10 Motion for Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.10
Excerpt: ...ve class consists of employees who directly provide those services. For the Court's October 20, 2022, calendar, the Court issued a tentative ruling identifying certain issues as to which it requested supplemental briefing. Plaintiff has now provided that information. A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated t...
2022.11.09 Motion for Summary Judgment, Adjudication 710
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.09
Excerpt: ... process (FEHA), (4) failure to prevent discrimination (FEHA), (5) retaliation (FEHA), (6) retaliation (Labor Code section 233), (7) discrimination and retaliation (CFRA) and (8) wrongful termination in violation of public policy. Defendant's motion seeks summary judgment or alternatively summary adjudication as to each cause of action and as to punitive damages. Facts Plaintiff worked for Defendant Allied from 2007 to December 2019. (Garcia dec....
2022.11.09 Motion for Summary Judgment, Adjudication 521
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.09
Excerpt: ...ject to “trail immunity” for which Martinez cannot be liable as a matter of law, that Martinez did not have notice of a dangerous condition, and that Martinez has no liability for any claim that it failed to provide adequate trail lighting. For the following reasons, the MSJ is granted. Evidentiary Objections None. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for decidin...
2022.11.09 Motion for Summary Judgment, Adjudication 310
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.09
Excerpt: ...rnative, summary adjudication on plaintiffs' complaint against them. The summary judgment motion is denied. The motion for summary adjudication is granted on issues 1, 4, 7, and 9 (1st, 3rd, 4th, 5th, and 7th C/A), and otherwise denied, as discussed below. Plaintiffs also move for summary adjudication on their first through sixth, and eighth causes of action asserted against defendant. Their motion is denied in its entirety, as discussed below. I...
2022.11.07 Demurrer 751
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.07
Excerpt: ...allege to have entered into an oral agreement with Mr. Davis (deceased) in or about 1998, whereby Plaintiffs would provide full‐time caregiving and construction services to Mr. Davis's family and the family home would be left to Plaintiff upon the Davises' deaths. The Davises placed the property into the James Wilbur Davis SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: CECILIA CASTELLANOS HEARING ...
2022.11.07 Motion for Determination of Good Faith Settlement 836
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.11.07
Excerpt: ...located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin in early 2019. Defendants/Cross‐Defendants Camille Ahern, a licensed realtor, and her broker, Pacific Union International, Inc. (“PUI”), dba Compass, listed the property. Ahern also represented the buyers. On January 18, 2019, Plaintiffs hired Cross‐Defendant Specialty Home Inspections, Inc. to conduct a non‐ invasive visual inspection of the property and ...
2022.11.07 Motion for Leave to Amend Complaint 697
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.07
Excerpt: ...bring this breach of contract action. In early 2017, Senior Living was approached by Defendant Nuance Energy Group with a proposal to install solar power systems for Plaintiffs' four buildings. Defendant Brian Boguess is the Principal and Owner of Nuance. Plaintiffs entered into the Agriculture & Commercial Installation and Limited Warranty Agreements with Nuance on September 22, 2017. The Agreements called for four milestone payments. Although P...
2022.11.07 Motion to Strike, Demurrer 420
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.11.07
Excerpt: ...1 and 12 – denied in part as moot, as set forth in the ruling, and otherwise addressed in the ruling below; (c) Motion to Strike No. 3 – denied. The Court notes that the motion does not contain a Motion to Strike No. 10. Background The factual background alleged in the2AC is set forth in detail in the Court's concurrent ruling on Defendant's demurrer to the 2AC. Legal Standards Governing Motion to Strike Generally The Court may strike allegat...
2022.11.03 Motion for Final Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.03
Excerpt: ...nd a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 11/03/2022 11 unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, wa...
2022.11.03 Demurrer 580
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.11.03
Excerpt: ...ants demur to the Cross‐Complaint in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendants also demur to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e).) For the following reasons, Cross‐Defendants' demur is sustained. Cross‐Complainants are granted leave to amend. Fa...
2022.11.02 Motion to Strike 613
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.02
Excerpt: ... the level of malice, oppression or fraud. Plaintiffs claim of right to recover punitive damages against Defendants Lafayette Oaks Associates, LP, Sack Properties LLC is denied as Plaintiffs have not properly alleged a claim for punitive SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/02/2022 Page 2 of 11 damages against the entity defendants in accordance with Civil Co...
2022.11.02 Motion for Leave to File Complaint 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.11.02
Excerpt: ...' cross‐complaint (Milway and Hansen, together “Milway”) must be given time to challenge that cross‐ complaint. In order to expedite any challenges to this cross‐complaint, the parties are ordered to meet and confer regarding any challenges to the pleadings prior to the filing of the cross‐complaint. The parties shall conduct a meet and confer pursuant to Code of Civil Procedure section 430.41 and/or 435.5 no later than November 18, 2...
2022.10.31 Motion for Summary Judgment 632
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...
2022.10.31 Motion for Summary Judgment 080
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ...as employed by Defendant Kinder's as a Shift Lead at the time. Plaintiffs contend that Derksen was in the course and scope of her employment for Kinder's when the accident occurred because post‐shift drinking and marijuana use was a customary incident of Derksen's employment. During the course of her work, Derksen had become friendly with Kimberly Byrne, Kinder's Assistant General Manager and one of Byrne's direct supervisors. On July 24, 2018,...
2022.10.31 Motion for Summary Adjudication 336
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.10.31
Excerpt: ...Paver Stones & Landscape, Inc., hold itself out as an expert licensed landscape contractor. On or about July 15, 2018, Plaintiffs Kevin and Erin Roth, owners of real property located at 9 Meadow Park Court in Orinda entered into a contract with Black Diamond for an extensive backyard landscape project, including retaining walls, excavation, and grading. Plaintiffs alleged that instead of doing the work, Black Diamond "subcontracted" the project o...
2022.10.31 Demurrer to FAC 472
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ... indemnity, (6) equitable indemnity, (7) declaratory relief, (8) intentional misrepresentation, and (9) negligent misrepresentation. Defendant demurs to all Plaintiff's causes of action for pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests the Court take judicial notice of several documents from the Superior Court of...
2022.10.31 Demurrer 910
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ...ly utilized by cyclists,” Grant Gibbons, his sister, and a friend, went on an “out‐and‐back” ride on the Delta de Anza Trail. While traversing a portion of the trail, Mr. Gibbons' front bicycle tire became perilously lodged in a gap between the concrete slabs on which he was riding. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' momentum was suddenly halted and he was ejected over the handlebar...
2022.10.31 Demurrer 775
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ... section 430.41(a) mandates that the defendant filing a demurrer to a complaint meet and confer with the plaintiff by telephone or in person at least five days prior to filing the demurrer to discuss with the plaintiff all the party's objections to the pleading. The demurring party is required to file a declaration regarding the party's compliance with this meet and confer obligation with the demurrer. Defendants failed to file a declaration refl...
2022.10.28 Petition for Relief from Claim Presentation Requirement Against Government Entity 808
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.28
Excerpt: ...es, Contra Costa Regional Medical Center, and Stephen D. Weiss., M.D. (collectively, “Respondents”). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 23 For the following reasons, the Petition is denied. Factual Background On June 17, 2021, Dr. Weiss performed exploratory laparotomy and low interior colon resection on Petitioner at the Contra Costa Regional Medical Center. (Lehman Decl. at ...

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