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2022.10.28 Motion for Summary Judgment 166
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.28
Excerpt: ...ound This action arises from a failed business partnership between Plaintiff Rajinder Singh and Defendant Gurpartap Randhawa in a trucking company called Star J. Trucking, Inc. (“Star J”). In his June 20, 2020 complaint, Plaintiff alleges he ran a successful trucking business operating out of the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 10 Port of Oakland. After Defendant Gurpratap ...
2022.10.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 812
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.28
Excerpt: ... 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, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to pay all wages due on separation. The complaint also raised PAGA claims, which had been raised in a notice to the LWDA. The settlement would create a gross settlement fund of $...
2022.10.28 Motion for Approval of PAGA Settlement 145
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.28
Excerpt: ...ment This a PAGA case, alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Johnson filed his complaint October 11, 2019. On November 22, 2021, Johnson amended his complaint to add plaintiff Arreola and a claim for reporting time pay violations. action. Julian Smith filed a PAGA case against defendant in San Francisco ...
2022.10.27 Motion to Compel Arbitration and Dismiss PAGA Action 689
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.27
Excerpt: ...xtent the motion seeks dismissal of the representative PAGA claims alleged in the Complaint. 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 for December 12, 2022 is hereby 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 ...
2022.10.27 Motion for Preliminary Approval of Class Action Settlement 481
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.27
Excerpt: ...eparate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), initially set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, raising class action claims on behalf of “all former and prospective applicants f...
2022.10.27 Demurrer to TAC 245
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.27
Excerpt: ...t leave to amend. Demurrer to the Fifth Cause of Action (Violations of Unfair Competition Law) is overruled. Background Plaintiffs Yesenia Chavez and her family, along with six other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlordtenant habitability case. On February 24, 2017, Plaintiffs filed suit against SEKK Investments Diane LLC, current owners of the subject ...
2022.10.27 Demurrer 925
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.27
Excerpt: ...ules on the demurrer as follows: Defendant demurs to the sole cause of action for quiet title pursuant to the Code of Civil Procedure section 430.10(e) on the grounds that the First Cause of Action does not state facts sufficient to constitute a cause of action. Defendant asserts that the first cause of action for quiet title fails as a matter of law because the deed of trust (“DOT”) does not convey possession. This is correct. A mortgage or ...
2022.10.26 Motion to Compel Enforcement of Settlement Agreement 819
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.26
Excerpt: ...nanda Alves and Gabriella DePaula Alves. Respondent's vehicle was rear‐ended and completely totaled. Gabriella DePaula Alves suffered a severe concussion for which she was treated for over a year by a neurologist. Claimant DePaula filed an uninsured motorist claim with her insurer, CSAA Insurance Exchange. Petitioner asserts that Gabriella DePaula Alves' claim was settled on June 30, 2022, for $50,000. Respondent disputes that the claim was set...
2022.10.26 Motion for Summary Judgment 976
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.26
Excerpt: ...lic General Insurance Seeking Declaratory Relief That Ohio Security Insurance Company Had a Duty to Defend S.C. Anderson, Inc. on the Cross‐Complaint in S.C. Anderson v. El Capitan Holtel Merced LLC, Case 20CV‐ 01290 is GRANTED. Allegations that a contractor provided defective work do not qualify as property damage and in any case would come within the Impaired Property Exclusion. (Reg'l Steel Corp v. Liberty Surplus Insurance Copr. (2014) 22...
2022.10.26 Motion for Summary Judgment 753
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.26
Excerpt: ...ly upon essentially the same facts, the Motions will be addressed together. For the following reasons, the Plaintiff's Motion is denied. Defendant EBMUD's motion for summary judgment is granted. Factual Background As the time of the sale at issue, Plaintiffs Kris Leamy (“KL”) and Robin Leamy (“RL”) (collectively “Plaintiffs”) owned property located at 4123 Happy Valley Road in Lafayette, California (the “Property”). (Plaintiffs' A...
2022.10.26 Motion for Summary Judgment 226
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.26
Excerpt: ...ly Act‐Breach of Implied Warranty, Plaintiff's Third Cause of Action for Violation of the SongThe following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), fail...
2022.10.26 Motion for Judgment on the Pleadings 417
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.26
Excerpt: ...tition Law (“UCL”), as stated in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendants' motion is granted without leave to amend. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. The First Cause of Action. The First Cause of Action is for an alleged HBOR violation: recording a noti...
2022.10.26 Demurrer 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.26
Excerpt: ...Background The facts as alleged in the current 4AC have previously been recounted in the Court's ruling on DoorDash's demurrer and need not be repeated. In relevant part, the 4AC alleges that defendant Khawaja was a resident of the City of Vacaville, though her current whereabouts are unknown (4AC, ¶2), that Khawaja was “assigned work” by DoorDash despite her lack of fitness for such work (4AC, ¶33), and that Khawaja “regularly violates�...
2022.10.24 Motion to Compel Compliance with Investigational Subpoena 818
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.10.24
Excerpt: ... Stimming. The Board is investigating the care of AV, a pregnant woman, whose baby died three days after birth, due to a congenital heart defect. The investigation was based on a complaint by a treating pediatric critical care specialist, Dr. Daniel Falco. Having been properly served, Respondent has not complied with the subpoena. The authority of the Board to issue investigative subpoenas in aid of its authority to enforce its enforcement duties...
2022.10.24 Demurrer to TAC 130
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.24
Excerpt: ...��8.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/24/2022 3 The easement is known as “S‐3 Access Condition” and includes the following language: “private right‐of‐way easement shall be left open for pedestrian access between Happy Valley Road and Glen Road”. (TAC ¶7.) The easement route is sometimes called “the Dips” and members of the public “regularly and continuously” use...
2022.10.20 Motion for Summary Judgment 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.20
Excerpt: ..., 8, 14, 15, 16, 18, 19, and 22. It is denied as to defenses 1, 3, 6, 9, 10, 11, 12, 13, 17, 20, 21, 23 and 24. The answers filed by Yu and Martinni are nearly identical and the parties' papers in supporting of and opposing these motions are nearly identical. Martinni did not file its own opposition memorandum, but its response to the separate statement is very similar to Yu's response to the separate statement. The evidence opposing both motions...
2022.10.20 Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 481
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.20
Excerpt: ...he Fair Credit Reporting Act. (This class action concerning background checks is entirely separate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, ra...
2022.10.20 Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.20
Excerpt: ... COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 6 is entirely separate from plaintiff's motion for preliminary approval of her other class action concerning background checks (MSC20‐00481), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020,...
2022.10.20 Motion for Preliminary Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.20
Excerpt: ...s in need of assistance, and the putative class consists of employees who directly provide those services. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 2 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 the Labor Code in various ways, including failure to pay m...
2022.10.20 Motion for Approval of Class Action Settlement 492
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.20
Excerpt: ...ll & Bar (Walnut Creek), Food Specialists, Inc., and Valet Hospitality Services Jack London Square (“Scott's”). Both motions will be considered together. A. Background and Settlement Terms The original complaint was filed March 10, 2021, 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, con‐complian...
2022.10.20 Demurrer to FAC 173
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.20
Excerpt: ...rriage and awarding both spousal and child support to plaintiff. On October 16, 2020, Colin Waugh died testate. On June 11, 2021, defendant Lynn L. Kampfen was appointed executor of his estate. (FAC, ¶13.) A probate action is currently pending in this County, Case No. P21‐00417. (FAC, ¶13.) Defendant Kampfen is also believed to be trustee of the Colin Waugh Trust dated May 29, 2015, which is the sole beneficiary of the estate. (FAC, ¶14.) Pl...
2022.10.20 Demurrer 918
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.20
Excerpt: ...to December 1, 2022 in Department 36. 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 parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a...
2022.10.19 Motion to Tax Costs 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.19
Excerpt: ...RC 3.1700(b)(3). Given this authority, the court considers the motion. 1. Filing fees Defendant seeks to tax $1,103.32 of the plaintiff's filing fees as unnecessary and unreasonable. The fees are all attributable to a motion to compel that plaintiff lost. Motion fees are recoverable under CCP 1033.5(a)(1) provided they are reasonable and necessary to the successful claim. See Quiles v. Parent (2018) 28 Cal.App.5th 1000, 1018. The court strikes th...
2022.10.19 Motion for Summary Judgment 845
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.19
Excerpt: ...he former Human Resources Director of the City of Richmond where she worked for 15 years. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 2; Pl. Resp. to DUMF Nos. 1, 2; Pl. Addl. Material Facts ("AMF") Nos 1, 2.) She alleges the conduct giving rise to the City's alleged retaliation began in June 2019 shortly after she reported to City Manager Carlos Martinez claims by two African American employees of racial discrimination by the ...
2022.10.17 Motion for Summary Judgment 632
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
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 ...
2022.10.17 Demurrer 583
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...intentional interference with contract (Leal individually); (7) (omitted); and (8) intentional interference with contract (Leal individually and as Trustee). Defendant demurs to Plaintiff's seven causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part, with leave to amend. Request for Judicial Notice Defenda...
2022.10.17 Motion to Vacate Trial Setting and Dismiss Complaint 622
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...(“Plaintiff”) filed its verified complaint on August 29, 2016. Francine McMahon (“Defendant”) filed an answer thereto on October 5, 2016. In accordance with California Code of Civil Procedure section 583.310, an “action shall be brought to trial within five years after the action is SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/17/2022 19 commenced against the defendant.” (CCCP § 583.31...
2022.10.17 Motion for TRO and Writ of Possession 769
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...bbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for breach of written and oral contract, conversion, money had and received, unjust enrichment, and intentional interference with contractual relations. The complaint alleges a contractual relationship in which it was to supply 80 HDS Stack Sintering Stands (at times referred to as “stands,” “frames,” “kilns,” or “units”) to Bloom Energy...
2022.10.17 Motion to Compel Arbitration and Stay Proceedings 159
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...in its entirety. Background On May 18, 2020, plaintiffs Genevieve Carlon, by and through her guardian ad litem, Lisa Carlon and Lisa Carlon, individually, filed a civil complaint alleging causes of action against defendants for elder abuse, negligence, violation of statutory rights and negligent infliction of emotional distress. The complaint alleges that 86‐year‐old Genevieve Carlon was a patient at Promedica Skilled Nursing and Healthcare (...
2022.10.13 Motion to Strike 177
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.13
Excerpt: ... matter pertains to a motor vehicle accident that occurred on January 15, 2022 in front of 2100 Railroad Avenue in Pittsburg, California. According to the Complaint, Defendant Arellano caused the accident when he decided to make a right turn into the Cardenas Market parking lot at the above address. “As he attempted to turn right, defendant lost control of the PRIUS, and smashed the front of the PRIUS into the driver's door of the plaintiff's H...
2022.10.13 Motion to Compel Arbitration of Individual PAGA Claims 164
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.13
Excerpt: ...o grounds. First, Jones says that the arbitration agreement in this matter does not encompass the present dispute, because the agreement exempts PAGA actions. Second, he says that Gavriiloglou v. Prime Healthcare Mgmt., Inc. (4th DCA August 22, 2022) 2022 Cal.App.Unpub. LEXIS 805 (“Prime”) compels the Court to conclude that his PAGA action may not be divided into its constituent claims. Finally, Jones has asked the Court to stay this matter p...
2022.10.13 Motion for Preliminary Approval of Class Settlement 317
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.13
Excerpt: ...at on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring various statutory and common law causes of action. The settlement would create a gross settlement fund of $300...
2022.10.13 Motion for Preliminary Approval of Class Action Settlement 916
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.13
Excerpt: ...exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum wage, failure to pay overtime, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to reimburse employee expenses. The settlement would create a gross settlement fund of $675,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $225,000 (one‐t...
2022.10.13 Motion for Leave to File SAC 134
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.13
Excerpt: ..., subdivision (a) provides: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon ...
2022.10.13 Demurrer, Motion to Strike 731
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.13
Excerpt: ...) elder abuse – neglect, and (4) elder abuse ‐ abandonment. Defendant's demurrer to the Second Amended Complaint to the third cause of action was sustained with leave to amend. Defendants now demur to that same cause of action. Defendants' motion to strike the newly alleged fourth cause of action and request for punitive damages is addressed in the Court's ruling on Defendants' motion to strike. Defendants' Demurrer is sustained without leave...
2022.10.13 Demurrer to FAC, Motion to Strike 633
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.13
Excerpt: ...‐Co Jong are the parents of Ailee Jong, who died during a surgery at a John Muir facility on November 12, 2019. Plaintiffs are suing the Defendants for (1) Wrongful Death based on Murder, (2) Wrongful Death based on Involuntary Manslaughter, (3) Fraud and (5) Negligence, (6) Wrongful Death based on Medical Battery. Plaintiffs are bringing causes of action 1, 2, 3 and 6 pursuant to Code of Civil Procedure section 377.60. Plaintiffs are also brin...
2022.10.13 Demurrer 264
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.13
Excerpt: ...ely "Kejet") to Plaintiffs' Complaint. For the reasons set forth, the Court rules as follows: (a) general and special demurrers to the fourth cause of action against Kejet and Arlaud – overruled; (b) general and special demurrers to the fifth cause of action against Kejet and Arlaud – overruled; (c) general demurrer to 6th cause of action – sustained, with leave to amend. Factual Background Plaintiffs William Husler and Karen Husler purchas...
2022.10.12 Demurrer 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.12
Excerpt: ...ter the hearing on the demurrer by defendant Khawaja on October 26, 2022. In the event that any amended complaint follows the Court's ruling on that demurrer, DoorDash shall be permitted to respond to the amended pleading as it sees fit. If the demurrer is overruled on October 26, 2022, DoorDash must file and serve its answer by November 7, 2022. I. Background On January 31 or February 1, 2021, plaintiff's vehicle was destroyed by defendants Tara...
2022.10.12 Motion for Leave to File Amended Complaint 055
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.12
Excerpt: ...2021. The Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 10/12/2022 alleged six causes of action: (1) Unlawful Race Discrimination; (2) Unlawful Sex Harassment; (3) Failure to Maintain Environment Free From Harassment; (4) Unlawful Retaliation; (5) Unequal Pay/California Fair Pay Act; and (6) Negligent Supervision. At the time the Complaint was filed, Plaintiff was still emplo...
2022.10.12 Petition to Compel Arbitration 929
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.12
Excerpt: ...e arbitration. Plaintiff's objection 1 is overruled. (Hooked Media Group, Inc. v. Apple, Inc. (2020) 55 Cal.App.5th 323, 338.) Factual Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale Contract (“RISC”). The RISC contained an arbitration provision. Plaintiff signed the portion of the RISC specifically agr...
2022.10.11 Petition for Writ of Mandate 558
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.11
Excerpt: ... the Court's possible ruling is provided below so that the parties may use it as a guide for oral argument. The Court has also identified particular areas of concern and questions that the parties may wish to address during oral argument: 1) The Court would like more information on the D‐1641 standard, including how that standard relates to a 5% salinity level in water. 2) Please address whether the EIR needed to consider the impact of salt acc...
2022.10.10 Motion for Summary Judgment, Adjudication 297
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...alley Retreatt”) and Plaintiff Anthony LoForte, Sr. (“LoForte”) (collectively, “Plaintiffs”)'s Complaint for (1) professional negligence, (2) misrepresentation, (3) breach of fiduciary duty, (4) concealment, (5) breach of contract, (6) injunctive relief, and (7) declaratory relief. Defendants move on the grounds that Defendant Yaroslav Boston (“Boston”) was not acting as agent of Mid‐Century or Truck when he procured insurance cov...
2022.10.10 Motion for Summary Adjudication 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.10.10
Excerpt: ...aks, LLC (SSUMF, Fact No. 1) on the one hand, and defendant, the City of Lafayette (“City”), on the other. Happy Valley Oaks, LLC is the owner of 4123 Happy Valley Road in Lafayette, California, which includes the following Assessor's Parcel Numbers: 247‐010‐0294, 247‐010‐030‐ 2, 247‐010‐033‐6, 247‐ 010‐34‐4, 247‐010‐35‐1, 247‐010‐36‐9, 247‐010‐37‐7, 247‐010‐38‐5, 247‐010‐339‐3, 247‐ 010�...
2022.10.10 Demurrer to FAC 494
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...irst Amended Complaint. The FAC alleges three causes of eight causes of action: violations of Civil Code Sections (1) 2924.11; (2) 2923.7; and (3) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). For the following reasons, Defendants...
2022.10.10 Demurrer to FAC 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ..., is overruled in part and sustained in part, with and without leave to amend. The Sutter Defendants' Motion to Strike Punitive Damages Allegations is granted. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations ...
2022.10.10 Demurrer to FAC 296
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...ittsburg Police Officer Dillon Tindall (named in the FAC as "Tindle"). (FAC ¶¶ 11‐18.) Pittsburg Police Officer Jesus Arellano, also named as a defendant, was present during the encounter between the police and Terry Amons at Terry Amons' vehicle. (FAC ¶ 15.) The FAC alleges one cause of action for wrongful death based on negligence by Officers Tindall and Arellano for which Plaintiffs allege the City of Pittsburg is vicariously liable. Plai...
2022.10.10 Demurrer 330 (2)
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...s denied. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been actin...
2022.10.06 Demurrer 228
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ...ssociation, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset‐Backed Certificates, Series 2006‐HE4's (“MLMIT Defendant”) Demurrer to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 Complaint. The Complaint alleges eight causes of action: violations of Civil Code Sections (1) 2923.5; (2) 2924(...
2022.10.06 Demurrer 483
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ..., the City of Oakland, and Alameda County as defendants in her action for a breach of duty of care for her slip and fall in front of property located in the Town. On January 6, 2022, the Town sought more time to respond to the original complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 noting that they intended to file a demurrer and had been unable to have the requisite “meet and con...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 078
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.06
Excerpt: ...ey's fees and a representative incentive payment. A. Background and Settlement Terms Castellanos filed the original complaint on October 13, 2020, raising 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, unreimbursed business expenses, failure to maintain payroll records, waiting time, and wage ...
2022.10.06 Motion for Final Approval of Class Action Settlement 956
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.06
Excerpt: ...atter was continued more than once, another hearing was held, preliminary approval was granted on January 14, 2022. The interim steps in obtaining preliminary approval will not be discussed here. A. Background and Settlement Terms The original complaint was filed May 11, 2018. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage ...
2022.10.06 Motion for Summary Judgment, Adjudication 213
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ...ry judgment or alternatively, summary adjudication as to defendants Jill Osur and Thomas Atherstone is denied. For the reasons stated, the hearing on the request for entry of a default judgment as to defendant Granite is continued to 9:00 a.m. on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 November 3, 2022, subject to further briefing and proof as set forth below. Background Pawnee is the ...
2022.10.06 Petition to Compel Arbitration and to Dismiss Non-Individual PAGA Claims 996
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.06
Excerpt: ...emonstrating the existence of an agreement to arbitrate its dispute with plaintiff Landen Ely (“Ely”) because WCA2 had not shown that the arbitration agreement here was sufficiently similar to the agreement in Viking to compel a conclusion that Viking controlled the analysis. WCA2 timely contested the Court's tentative ruling, and the parties, represented by counsel, appeared and argued the matter. The Court solicited supplemental briefing an...
2022.10.05 Motion for Judgment on the Pleadings 867
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.05
Excerpt: ...ia Consumer Credit Reporting Agencies Act (“CCRAA”), Civ. Code § 1785, et seq. and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), Civ. Code § 1786, et seq., on September 20, 2022. Plaintiff alleges that on September 14, 2020, he disputed a negative tradeline on his Experian credit report in the amount of $304, held under the collection agency Sequium Asset Solutions, Inc. (“Sequium”) on behalf of their clien...
2022.10.03 Petition to Compel Arbitration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...e Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 1, 2023. The case management conference presently set for November 29, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 25, 2023. The parties shall include with SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 their case management c...
2022.10.03 Petition for Writ of Mandate 302
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...2, and had accrued 27 years of service credit. On SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 December 15, 2015 he pled no contest to a single charge of felony violation of Penal Code §§ 503‐ 508, based on misconduct arising out of the performance of his official duties. His pension benefits were adjusted pursuant to Government Code 7522.72 following the felony conviction. Petitioner s...
2022.10.03 Motion to Enforce Settlement Agreement 119
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...g reasons, Defendant's Motion is granted as set forth below. Plaintiff's motion is denied. Procedural Background This matter involves a medical malpractice action wherein Plaintiff Jerry D. Smith (“Plaintiff”) alleges that Defendant Grace S. Chou (“Defendant”) was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Partie...
2022.10.03 Demurrer to FAC 419
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ... the Court's ruling on the first demurrer, a detailed account of the facts, as stated in the original complaint, was provided. It need not be repeated here. In sum, this case was filed by plaintiff, Frank Souza, who was the tenant of former property owner, defendant Stephen W. Yatsko. Plaintiff claims he had continuing tenancy rights pursuant to an amended lease at the time Sandhu Defendants purchased the property. The Court partially sustained a...
2022.10.03 Demurrer 570
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...ings suit to recover investments allegedly procured and converted by defendant Kevin Hampton through his fraudulent actions as the agent and co‐conspirator of the named co‐defendants, including cross‐complainants Michael Coleman III and Coleman Property Holdings, LLC. Abrahams' Fourth Amended Complaint (“4th AC”) alleges a fraudulent real estate scheme through a network of LLCs, which involved shifting debt from one property to another ...
2022.09.29 Demurrer to FAC 674 (2)
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendant demurs to Plaintiff's causes of action (1), (2), (3), (6), (7), and (8) pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a...
2022.09.29 Demurrer 243
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...ENT 36 HEARING DATE: 09/29/2022 17 must be filed and served by October 10, 2022. Should plaintiff elect not to amend, the time to answer will run from that date. Background In May of 2019, plaintiff worked with defendant McMorrow, who was acting as an agent for IP Investors, Inc., to refinance his existing home loans. (Complaint, ¶8; see also ¶15.) Plaintiff alleges he was wrongly induced to enter into a loan transaction (including a promissory...
2022.09.29 Demurrer to FAC 603
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...ff may file and serve an amended complaint by October 10, 2022. I. Background According to the First Amended Complaint (“FAC”), plaintiff engaged defendants Reallaw, APC and Michael J. Hassen on May 15, 2018, and later engaged defendant Thomas J. Kensok on October 17, 2018, for representation in an action “against or brought by” Mojgan Kavianinejad. (FAC, 3:20‐28.) Defendants agreed to “perform legal services to resolve any and all ma...
2022.09.29 Motion to Dismiss Case 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...inst Defendants. (CCP § 583.310.) This action was commenced on August 31, 2016. Defendants contend that Plaintiff was required to bring the case to trial no later than August 1, 2022. On April 29, 2020, the California Judicial Council issued Emergency Rule 10(A) which extended the five‐year statute by six months. Defendants contend that filing of the complaint on August 31, 2016, plus six months for the pandemic places the deadline on February...
2022.09.29 Motion to Set Aside Default 264
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (CCP § 473(b).) "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order...
2022.09.29 Motion to Strike Punitive Damages 663
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...dant's Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 2 Summary of Allegations This matter pertains to a motor vehicle accident that occurred on December 14, 2020 on the westbound side of Route 4 in Martinez, California. According to the Complaint, Defendant caused the accident by rear‐ending Plaintiff Laura Hinton (“Plaintiff”) after losing control of his vehicle. (Co...
2022.09.29 Demurrer to FAC 674
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ... violation of Civil Code § 2924h(g); (3) fraud; (4) violation of Civil Code § 2924f; (5) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendants demur to each cause of action of the FAC pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 4 For the follow...
2022.09.28 Petition to Compel Arbitration 495
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...bout August 30, 2010 Plaintiff Ishaq Shariff (“Plaintiff”) was hired by Defendant ERAC SF to work at their Concord, California location. On that date, as part of the hiring process, he was presented with a Mutual Arbitration Agreement (“Arbitration Agreement”). Plaintiff does not deny that he signed the Arbitration Agreement. (Declaration of Ishaq Shariff (“Shariff Decl.”) ¶2.) He does contend, however, that he was ‘forced' to sign...
2022.09.28 Motion to Vacate or Set Aside Default Judgment, Writ of Possession 681
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ... and Sheriff Eviction is denied. Background Plaintiff Jet Airways of India, Inc. is a California corporation. Plaintiff was the owner of property commonly known as 10 Brewin Court in San Ramon. Plaintiff, acting through its corporate secretary, Minda De Santos, and with its counsel Richard Taguinod, agreed and entered into a real estate purchase agreement (“RPA”) on February 3, 2020, with Juanetta Stephens. On February 14, 2020, Juanetta Step...
2022.09.28 Motion for Summary Judgment 385
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...ein as the "Driver" or "Barturen"), when that vehicle made a left turn from Moraga Way onto Coral Drive. That defendant and two others who were the owners of the vehicle defendant Barturen was driving, have settled with Plaintiff pursuant to a good faith settlement approved by the Court on April 11, 2022. Defendant Jane Sayre owns the property bordering the public right‐of‐way next to the bike lane just before the intersection where Plaintiff...
2022.09.28 Demurrer to FACC 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...forth, the demurrer is overruled. Factual Background The FACC at issue in the demurrer alleges that the Menascos breached an agreement for the sale of a timeshare interest to Jerry Kilarr, now deceased. (FACC ¶¶ 15‐18 and Exhs. G and H.) The Menascos agreed to sell a timeshare interest in property in South Lake Tahoe (the "Timeshare") to Kilarr as part of a settlement of litigation that began in 2016 between the Menascos, on one hand, and Jer...
2022.09.26 Petition for Relief from Government Claim Filing Requirements 579
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ...Mr. Arnold Borgen was driving home when he struck Petitioner Ryan Thibodeaux (“Petitioner”), who was apparently in the middle of the roadway, injuring him. Mr. Borgen was an off‐duty San Francisco Police Department Traffic Officer driving home from an overtime shift in his personal vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/26/2022 6 Petitioner promptly hired an attorney to represe...
2022.09.26 Demurrer 941
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ... of Public Property. The Complaint alleged that Plaintiff was walking on the sidewalk in front of 1060 Hensley Street in Richmond, California on September 3, 2021. “As he was walking, he tripped and fell due to a gap from missing concrete.” The Complaint names City of Richmond, County of Contra Costa, J.T. Thorpe & Son, Inc., and Hensley Property, LLC as defendants. The General Negligence and Premises Liability – Negligence claims are asser...
2022.09.22 Motion to Proceed Using Pseudonym, to Seal 678
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...onym “Jane Doe” in place of Plaintiff's legal name. The Complaint alleges eight causes of action, each of which related to an alleged sexual assault and/or unwarranted touching of Plaintiff. Plaintiff did not seek prior approval to file the Complaint anonymously. Although the Complaint names Attunement Massage, an unknown California business entity as the Defendant, the body of the Complaint identifies Nathaniel Bangs as the person that alleg...
2022.09.22 Demurrer 534
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...��Borrower”), executed and delivered to Meriwest a written Promissory Note and Business Loan Agreement for funds in the amount of $5,601,000.00. Borrower SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/22/2022 has defaulted on the loan. Plaintiff seeks to have a Receiver appointed to collect the rents and profits from the Subject Property. Demurrer Pursuant to Code of Civil Procedure section 430.10,...
2022.09.22 Demurrer to FAP 849
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.22
Excerpt: ...scretion to consider petitioners' late‐filed opposition memorandum. Petitioners' counsel is admonished to file all future papers in a timely manner. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 09/22/2022 5 B. The First Cause of Action. The First Cause of Action seeks a writ of mandate based on alleged violations of the California Environmental Quality Act (“CEQA”). On February 10, 2022, the Cou...
2022.09.22 Motion for Summary Judgment, Adjudication 448
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...a “black parking lot/driveway barrier” at the exterior premises of Hartz Restaurant LLC, doing business as Almanac Restaurant, then Farmer's Almanac Restaurant, and finally Danville Harvest Restaurant at 500 Hartz Drive in Danville, California. Plaintiff worked for Danville Harvest Restaurant as a sous chef the time of the accident. After settling a workers' compensation case, plaintiff sued the owner of the property, Elwood 500 Hartz, LLC (L...
2022.09.22 Motion to Set Aside Default, Judgment 606
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.22
Excerpt: ...ce set for October 24, 2022 by no later than September 26, 2022. Background Plaintiff Equity Track, Inc. filed a complaint against defendant Johnny Jose Ramos asserting claims for specific performance based on breach of a contract to sell real property and damages for breach of contract. Based on the proof of service on file with the Court, Ramos was served with the summons and complaint and failed to timely respond. Plaintiff requested, and the ...
2022.09.22 Motion to Quash 118
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ... Yeyeclub to file its proposed pleading, a motion to quash. Judge Austin gave Plaintiff time to conduct jurisdictional discovery. Plaintiff did not ultimately obtain any jurisdictional discovery from Yeyeclub, but Plaintiff has included new evidence with this motion that he did not include in 2018. The Court's ruling on the motion to quash includes consideration of new evidence not presented to Judge Austin in December 2018. Plaintiff claims that...
2022.09.22 Motion to Strike Amended Expert Disclosure, for Sanctions 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...rties exchanged expert disclosures on August 30, 2021. On September 17, Plaintiff served Defendants with her Supplemental Expert Witness Disclosure Statement. On September 16, 2021, the Honorable Judge Steve Austin continued the trial date to October 11, 2022. On August 22, 2022, Defendants demanded an exchange of expert witness information and demand for production of expert writings, and disclosed an additional expert witness. Plaintiffs ask th...
2022.09.22 Petition to Compel Arbitration and Stay Action 174
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...nherent authority and in the interests of justice and judicial economy, on the terms set forth. The case management conference date presently set for October 3, 2022 is hereby vacated, and a case management conference is hereby set for 8:30 a.m. on April 19, 2023 in Department 36. This action shall be stayed for until the April 19, 2023 case management conference. The parties shall file case management conference statements prior to the CMC heari...
2022.09.22 Motion to Set Aside Default, Judgment 998
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ... without need to take judicial notice of it. Defendant's request for judicial notice is granted as to the corporate documents filed with the Secretary of State. The Court can take notice of the documents, but not the truthfulness of the contents or interpretation thereof. (StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 456, fn. 9.; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) Procedural Background Plaintiff Jeremy Pet...
2022.09.21 Motion to Enforce Settlement Agreement 445
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ...“SBA”), SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 09/21/2022 claim, the so‐called California ‘lemon law.' It concerns a 2018 Acura MDX, bearing VIN 5J8YD4H88JL002329 (the Subject Vehicle.”) On April 8, 2022, the Parties participated in a settlement conference wherein they came to initial terms for a full and complete settlement of the matter. On that date, the Parties, as...
2022.09.21 Motion for Summary Judgment, Adjudication 181
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ... property (vacant land) commonly referred to as 523 Santa Fe Avenue, Richmond, or Assessor's Parcel No. 558‐184‐005, now owned by plaintiffs Greg and Jennifer Jerum (hereinafter “Jerum Property”). The Jerum property was once bounded by portions of Santa Fe Avenue and Bishop Avenue. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact No. 7 and response.) In 1963, the City of Richmond passed an Order of Vacation ...
2022.09.21 Motion for Summary Judgment 901
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ...� 6.) Defendant Edward Harris was employed by the Bank and was the private banker assigned to the Firm. (Pl. Undisputed Material Facts ("PUMF") No. 2; Def. Opp. to PUMF ("DOPUMF") No. 2.) The Firm's Complaint alleges six causes of action against the Bank arising out of a check in the amount of $177,500 the Firm received from a client and deposited into the IOLTA account at the Bank on March 9, 2020. (PUMF No. 4 [though the PUMF refers to a $177,5...
2022.09.21 Motion for Summary Judgment 785
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ...ns stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. Plaintiff presented the declaration of Counsel George Holland which shows good cause exist for a continuance. However, the Opposition points out the Defendants' evidence in support of the motion fail to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPART...
2022.09.19 Motion for New Trial 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ..., 2022. While plaintiff's motion for reconsideration was pending, the court entered a judgment in favor of defendants on July 20, 2022. The court lost jurisdiction to grant reconsideration once judgment was entered. (APRI Ins. Co. S.A. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) Nevertheless, the court determined it had the discretion to treat plaintiff's motion for reconsideration as a motion for new trial and the matter was continued for...
2022.09.19 Demurrer 744
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ...ction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e...
2022.09.19 Motion for Summary Judgment 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ...x evidentiary issues and because of complex legal issues concerning causation. The Court's preliminary assessment is that whether the motion for summary judgment should be granted is a very close call. Given the high stakes involved, the Court wishes to give both sides a full opportunity to persuade the Court that their position is correct. The Court would find supplemental briefing helpful in this regard. The parties shall file supplemental brie...
2022.09.19 Motion for Summary Judgment 746
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ... on the date of the incident, but she is already precluded from making such an argument because the court previously found that any such argument would be a ‘sham.' See … Order Denying Plaintiff's Motion to file an [sic] Amended Complaint.” (Defendant's memorandum p.2, fn.1.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/19/2022 7 In support of its motion, Defendant includes the original compl...
2022.09.16 Motion to Vacate Renewal of Judgment 679
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.16
Excerpt: ... the Law Office of Kenneth R. Graham on June 2, 2014. Collection efforts ensued. On October 20, 2021, defendants filed a motion to vacate the judgment. After an evidentiary hearing, the Court denied the motion to vacate. Defendants then filed a motion for reconsideration which was set for hearing on April 1, 2022. A judgment debtor exam took place on January 24, 2022 after which parties discussed settlement. (Declaration of Ronald W. Carter in Su...
2022.09.16 Motion for Summary Judgment 549
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.16
Excerpt: ...d K Supply to purchase bricks. While at Diamond K, plaintiff got into a heated argument with an employee of the business, Efrain Lepe. After plaintiff left defendant's premises and returned to his job site, plaintiff developed a severe headache. Plaintiff was taken to the hospital where a CT scan of his head revealed numerous aneurysms of the brain, most notably, a right middle cerebral artery (MCA) aneurysm that had ruptured. Plaintiff required ...
2022.09.15 Motion to Compel Further Production of Docs 755
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...ion. (Mattco Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1436.) Moreover, since Martinez was just decided in August, it does not explain the history of the discovery disputes. The Court will address the specific requests in dispute as follows: RFP Nos. 1, 3, 9, 10: Plaintiffs seek a format that is not locked and contains additional data points. The District contends, through the declarations of Kevin Rocap and Angelica Thomas, that so...
2022.09.15 Motion to Compel Arbitration 927
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...agreement to arbitrate. Rather, she has asked the Court to stay this matter pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (4th DCA April 11, 2022) 2022 Cal.App.Unpub.LEXIS 2170 (review granted July 20, 2022; 2022 Cal.LEXIS 4125.) (“Adolph”). The MTC is based on Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). The Court first examines that opinion. A note here concerning the ter...
2022.09.15 Motion to Compel Arbitration 903
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ... there is not an enforceable agreement to arbitrate. Rather, she has asked the Court to stay this matter pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (4th DCA April 11, 2022) 2022 Cal.App.Unpub.LEXIS 2170 (review granted July 20, 2022; 2022 Cal.LEXIS 4125.) (“Adolph”). The MTC is based on Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). The Court first examines that opinion. A...
2022.09.15 Motion for Summary Judgment 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...: (1) interference with contract, (2) interference with prospective advantage, (3) conversion, (4) statutory theft, (5) unfair competition in violation of business and professions code section 17200 (“UCL”), (6) unfair competition in violation of common law, (7) misappropriation of trade secret, (8) breach of fiduciary duty, and (9) breach of oral contract. For the following reasons, the Motion for Summary Judgment is denied. Defendants' Moti...
2022.09.15 Motion for Summary Judgment 493
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...Motor Vehicle” against Defendants Salem Habash. Plaintiff was stopped for a pedestrian in the crosswalk on the campus of Facebook, Inc. in Menlo Park. Habash was driving a vehicle owned by Defendant Enterprise Rent‐A‐Car of San Francisco used in the Ride Share Program. Both Plaintiff and Defendant were employed as security officers by Allied Universal. Allied Universal provides security services for the numerous Facebook buildings at Menlo ...
2022.09.15 Motion for Preliminary Approval of Class Action Settlement 272
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...lleging that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement would create a gross settlement fund of $95,000. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $31,666.67 (one‐third of the settlement). Litigation costs are estimated at $15,000. The settlement administrator (Phoenix) would receive an estimated $4,500. PAGA pen...
2022.09.15 Motion for Preliminary Approval of Class Action Settlement 023
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ... complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. The settlement would create a gross settlement fund of $400,000. The class representative payment would be $7,500 each, totaling $15,000. Counsel's attorney's fees would be $140,000 (35% of t...
2022.09.15 Motion for Judgment on the Pleadings to FAC 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...bject of this action in August 2007. As of February 2019, the loan was in default. On September 10, 2020, a Notice of Trustee's Sale was recorded. In October 2020, the property was sold to a third party. Plaintiff, through her Guardian ad Litem, alleges Defendants foreclosed on her single‐family residence located at 2610 Francisco Way in El Cerrito illegally. Plaintiff seeks damages. Motion Pursuant to Code of Civil Procedure section 438, Defen...
2022.09.15 Motion for Judgment on the Pleadings 980
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...petition and complaint on June 7, 2021. They sued for (1) writ of mandate (fair hearing and failure to make findings supported by the evidence), (2) writ of mandate (Housing Accountability Act), (3) violation of Civil Rights (U.S. Constitution and 42 U.S.C §1983), (4) inverse condemnation (California Constitution) and (5) declaratory relief. The Court heard the writ claims first and issued a decision denying both writ claims on June 21, 2022. Th...

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