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2022.05.16 Petition to Compel Arbitration 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...SE COURT CALENDAR FOR MAY 16, 2022 DEPARTMENT 18 JUDGE DANIELLE K DOUGLAS Factual Background: On or about March 7, 2018, Plaintiffs Shiamalee Perumal and Shyam Sunter (collectively “Plaintiffs”) and defendant Mayari Development, LLC entered into a written residential purchase agreement (the “Contract”) for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that “any dispute or...
2022.05.16 Motion to Set Aside Default Judgment 029
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...rvice of Summons as to Defendant G.C. Block Investment.com, LLC (“Defendant” or “G.C. Block”) was filed on October 4, 2019. Thereafter, on November 15, 2019, default was entered against G.C. Block. After providing additional documentation regarding alleged damages, a money judgment was entered on December 1, 2019 awarding $563,740.50. Defendant filed the instant motion seeking to set aside the default judgment on April 11, 2022. Standard ...
2022.05.16 Demurrer 199
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...t Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Defendant demurrers to all five causes of action on the basis that the court lacks jurisdiction over the subject matter of each cause of action as the proper venue is the family law court before which the parties' divorce is currently pending. (CCP §430.10(a).) Additionally, Defendant moves to strike the portion of the Prayer in the Complaint...
2022.05.13 Motion to Augment Administrative Record 525
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.13
Excerpt: ...aff notes, (2) county documents related to Urban Line Limits and (3) EBMUD's 2020 Urban Water Management Plan. As an initial matter, this motion is a request to have certain document included as part of the record. Although judicial notice is discussed in the papers, the notice of motion does not the Court to take judicial notice of any documents. Therefore, the Court is not deciding whether any of these documents can be considered under Evidence...
2022.05.13 Motion for New Trial 410
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.13
Excerpt: ...ition. Alternatively, they seek to set aside and vacate the judgment pursuant to Code of Civil Procedure, section 663. The motion is denied. Procedural Background Petitioner filed this matter to enforce his inspection rights to the books and records of BookFactory, pursuant to Corporations Code § 17704.10. In their Answer, filed on September 17, 2021, respondents took the position that petitioner has no member rights because he was dissociated f...
2022.05.13 Demurrer 419
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.13
Excerpt: ... twelfth (injunctive relief) causes of action, as well as to the eighth cause of action with respect to defendants Gurinder K. Sandhu, Narinder Singh Sandhu, or Rajwinder Kaur Sandhu. The demurrer is overruled as to the third, fourth, fifth, seventh, and ninth causes of action. Leave to amend is granted. For clarity, plaintiff may amend the first cause of action (against defendant Stephen Yatsko) if he deems appropriate. Any amended complaint sha...
2022.05.12 Motion for Determination of Good Faith Settlement 524
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...st allege destroyed their home in Orinda. (Memo. ISO Mot. p. 2.) Defendants Steven Yee and June Yee own the property next door to the Plaintiffs' residence. (Memo ISO Mot. p. 2, ¶ 2.) They allege the defendants altered the natural flow of surface water across their properties which contributed to the landslide on Plaintiffs' property. (Memo ISO Mot. pp. 2‐3, ¶¶ 4, 5.) The Yees have filed a crosscomplaint for damages they contend their proper...
2022.05.12 Motion for Good Faith Settlement Determination 593
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...lidated for purposes of pretrial proceedings, filed by multiple homeowners against EBMUD and numerous other parties arising out of a landslide in March 2020. Though the cause of the landslide has not been determined, the landslide resulted in serious damage to the roadway of Tappan Terrace and affected at least seven properties on Tappan Terrace, Tappan Lane, and Ichabod Lane. (Am. Memo ISO Mot. pp. 5‐7.) Tappan Terrace property owners are memb...
2022.05.12 Motion for Leave to File Complaint-in-Intervention 704
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ... who was injured at work on December 12, 2017 after tripping on a 2x4 that was negligently nailed to the roof he was working on. (Complaint at ¶ 5.) Plaintiff filed a workers' compensation claim pursuant to the Workers' Compensation Act of the State of California and sought benefits under the California Labor Code and applicable regulations for his injuries. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DAT...
2022.05.12 Motion for Leave to File FAC 898
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...ncern, nor any prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation.” (Solit v. Tokai Bank (1999) 68 Cal.App.4th 1435, 1448.) Further, under section 128 of the Code of Civil Procedure, the Court has inherent discretionary power to “provide for the orderly conduct of proceedings before it.” (Code Civ. Proc., § 128, subd. (a)(3); see, People v. Alvarez (1996) 14 Cal.4th 155, 209.) ...
2022.05.12 Motion for Summary Judgment 524
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...ate and time on the motion. The proof of service attached to the moving papers shows the motion pleadings were served on the other parties by overnight mail on February 23, 2022, the same date they were filed and served without a hearing date. (See Braun Decl. Exh. 1.) The hearing date assigned to the motion by the Clerk on the face of the notice of motion after it was filed is June 9, 2022. The Court file does not contain any amended notice of t...
2022.05.12 Motion to Approve Settlement of Claims 204
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...e violations. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This is composed of attorney's fees of $31,666.66 (one‐third of the recovery), $10,063.84 in in litigation costs, and up to $4,200 in costs to the settlement administrator (Phoenix). PAGA penalties of $44,133.34 would be apportioned 75% to the LWDA and 25% to the aggrieved employees. Counsel's motion indicates that there are an estimated...
2022.05.12 Motion to Compel Arbitration 628
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...f stock equaling 25% of authorized shares of Plaintiff Risoftdev. Plaintiff alleges Defendants breached the agreement and conspired to retain and use Risoftdev's propriety information and trade secrets. Defendant Joel McVay was one of the senior investment partners at Chatfield and lead contact for the Risoftdev‐Chatfield business deal. Motion Pursuant to Code of Civil Procedure § 1281.2, Defendant Joel McVay moves to compel arbitration and st...
2022.05.12 Motion to Compel Arbitration 647
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...iff's argument that defendants have failed to adequately authenticate the employment agreement containing the arbitration clause defendants seek to enforce. Plaintiff's objections to the opening declaration of Michael James are sustained; Mr. James does not have personal knowledge that plaintiff signed the agreement, and does not attempt to authenticate the agreement as a business record. (See, Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.A...
2022.05.12 Motion for Preliminary Approval of Class Action Settlement 492
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...nt 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‐compliant meal and rest periods, unreimbursed business expenses, failure to provide one day of rest in seven, failure to provide reporting time, failure to maintain payroll records, waiting ti...
2022.05.11 Application for Preliminary Injunction 753
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.05.11
Excerpt: ...ctively “Plaintiffs”) own property located at 4123 Happy Valley Road in Lafayette, California. Sometime in approximately 2007, Defendant East Bay Municipal Utility District (“EBMUD” or “Defendant”) approached Plaintiffs seeking to purchase an approximately .58‐acre portion of Plaintiffs' undeveloped property (the “Property”) as a site for the Sunnyside Pumping Plant (the “Plant”). The parties spent the next few years negotia...
2022.05.06 Motion to Consolidate 455
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.06
Excerpt: ...e of Civil Procedure § 1048(a) on the grounds that the cases involve common questions of law or fact as all three of the lawsuits “arise out of the same motor vehicle collision” and “involve the same liability and related damages issues and will have the same evidence and witnesses.” Plaintiffs in MSC19‐01455 Jessica Goodbar and Jeremy Kemp, request the Court deny the motion “unless and only if the parties in the Adebote case [MSC20�...
2022.05.06 Motion for Summary Judgment 760
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.06
Excerpt: ... of contract; and (5) abuse of process. The MSJ is opposed by the Defendant James C. Venhaus, and Defendant Colene Venhaus (“Venhaus Defendants”) and Defendant Richard Pontes, Defendant Marian Pontes dba Realty WorldDelta Country (“Pontes Defendants”) (collectively, “Defendants”). The Court notes the procedural objections of Defendants; specifically, the Venhaus Defendants' argument that Plaintiff did not comply with the mandate of Ca...
2022.05.05 Motion for Right to Attach Order, Issuance of Writ of Attachment 872
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.05
Excerpt: ...inclined to grant the application, plaintiff neglects several statements from his declaration that are required, pursuant to Code of Civil Procedure section 484.020 (c)‐(e). (See Judicial Council Form AT‐ 105.) Background Plaintiff brought the complaint in this matter to recover money he invested with defendants in a failed business venture. Central to the dispute is a promissory note executed by plaintiff and each of the Gilads. After an app...
2022.05.05 Motion for Attorney Fees 898
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.05
Excerpt: ...o to charity upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which could exceed $100M, the Braddock trust developed a two‐step plan to assure the estate passed to the charities. The first step was approval of certain trust modifications by the probate court. The second step involved transferring the family's interest in nine entities from one Braddock family trust (Marital Trust) to ano...
2022.05.05 Motion for Preliminary Approval of Class Action Settlement 454
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.05
Excerpt: ...e in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not exceed $30,000. The settlement administrator (Phoenix) would cap...
2022.05.05 Motion for Preliminary Approval of Class and PAGA Action 150
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.05
Excerpt: ... 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 representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $130,000 (one‐third of the settlement). Litigation co...
2022.05.05 Motion for Summary Judgment, Adjudication 263
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.05
Excerpt: ... Fact (“UMF”) Nos. 9, 11, 24; Plaintiffs' Additional Fact (“PAF”) Nos. 4, 5, 6, 8, 12, 19, 21, 22, 23, 24, 25, 27, 28, 32, 33, 34, 35, 36, 44, 45, 46 47, 65, 66, 74, 75.) Protective's alternative motion for summary adjudication is granted as to the First Cause of Action (UMF 27; PAF 78, 85, 88), the non‐recoverability of Brandt attorney's fees (UMF 5, 16, 27, 30, and 31; PAF 76, 78, 85, 88), and the non ‐recoverability of punitive dam...
2022.05.05 Motion to Dismiss for Forum Non Conveniens 368
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.05
Excerpt: ...nate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. …[Citation.]” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) “On a motion for forum non conveniens, the defendant, as the moving party, bears the burden of proof.” (Ibid.) The ultimate question is whether the balancing of the Stang...
2022.05.05 Motion to Set Aside Default, Judgment 994
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.05
Excerpt: ...efault judgment was entered on December 14, 2021. Heath filed this motion on March 2, 2022, arguing that service was improper. This motion is based on Code of Civil Procedures sections 418.10, 473(d) and 473.5. The motion also includes section 473(b), but the Court found it unnecessary to consider that subsection. Where there has been proper service of summons, but lack of actual notice, section 473.5 applies. “Discretionary relief based upon a...
2022.05.05 Petition for Writ of Mandate 158
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.05
Excerpt: ...e following reasons, Petitioner's Writ of Mandate denied. Petitioner's request for payment of attorney's fees pursuant to Government Code §800 is also denied. Statement of Facts: On September 3, 2020, Petitioner was convicted of violating Vehicle Code §23152 (b) for driving with a blood alcohol content of .08 or more. (Suppl. Points and Authorities in Support of Petition for Writ of Mandate, Ex. C at p.2 (hereinafter “Ex. C”).) This convict...
2022.05.05 Motion to Compel Arbitration, Strike Class Allegations 453
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.05
Excerpt: ...ntwood facility near Los Angeles in September 2017, when she was 17 years old. Her employment with Westmont ended in May 2020. She filed this lawsuit in July 2021. The complaint makes class action allegations and pleads a single cause of action for violation of the Unfair Competition Law, Business & Professions Code section 17200, et seq. ("UCL") based on Westmont's alleged violation of numerous Labor Code statutes governing wages, hours, and oth...
2022.05.02 Motion for Summary Judgment 019
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Excerpt: ...ntiff's neck while plaintiff was not in a supine position (Complaint, ¶6.) As a result, plaintiff contends she suffered complications, including, numbness in three fingers and shoulder pain, both of which continue to this day. (Complaint, ¶7.) On May 29, 2020, plaintiff filed an amendment to her complaint, adding orthopedic surgeon, Dr. Leslie Kim, M.D., as a Doe defendant. (Stayduhar Decl., Ex. 9.) Plaintiff made no other changes to the compla...
2022.05.02 Demurrer 673
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.02
Excerpt: ...is demurring in her role as cross‐defendant and defendant is opposing the demurrer in her role as cross‐complainant. Plaintiff is a former employee of defendant. She sued defendant for wrongful SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 05/02/2022 5 termination on August 13, 2016. Defendant filed a Cross‐Complaint on November 15, 2016, and subsequently amended it three times. Plaintiff argues ...
2022.05.02 Motion to Strike 187
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Excerpt: ...se the motion is moot. Cross‐Defendants seek to strike the punitive damages allegations from the first, fifth, six and seventh causes of action, as well as the prayer for punitive damages. The demurrer to the fifth and six causes of action is sustained without leave to amend, therefore, the Court's ruling addresses only the first and seventh causes of action. Punitive damages are allowed where the facts show malice, oppression or fraud. Here, t...
2022.05.02 Motion to Set Aside Default 874
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.02
Excerpt: ...“occupant' on the premises. After the defendant did not timely file an answer, a default judgment was entered on November 1, 2021. Defendant's notice of motion and motion to set aside the default judgment, states that he became aware of the default judgment when he received a copy of the judgment in the mail at his current address in Rocklin, California (Def. Mot. p. 2, lines 15‐17). Defendant moved away from his residence in Hercules in Janu...
2022.04.29 Petition to Compel Binding Arbitration 020
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: ...ition relates to Plaintiff August Cattaneo, individually and as successor‐in‐interest to the estate of Ruth Cross‐Villez (“Plaintiff”)'s complaint for (1) elder abuse/neglect; (2) negligence; (3) violation of patient's rights; (4) wrongful death; and (5) survivorship. Pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and Cal. Code of Civil Procedure (“CCP”) § 1281.2, Defendants bring this petition for an or...
2022.04.29 Motion to Set Aside Default 650
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: .... The defaults of Cross‐Defendants Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, and William Simpich entered on January 11, 2022 shall be set aside and vacated, and Cross‐Defendants shall file their answers or other responsive pleading(s) in response to the cross‐complaint by May 16, 2022. Cross‐Defendants' request for attorneys' fees for bringing the motion is denied. Background O...
2022.04.29 Demurrer 420
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: ...h cause of action – sustained, without leave to amend, except as set forth below; (c) general demurrers to 6th and 8th causes of action – overruled. Plaintiff shall file her amended complaint by May 20, 2022. Background The factual background of the claims Plaintiff Heesoo Bushnell alleges against Defendant are described in the tentative ruling issued concurrently on Defendant's special motion to strike under Code of Civil Procedure section 4...
2022.04.29 Anti-SLAPP Motion to Strike 420
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: ...ten causes of action against Dr. Allan Bushnell, Jr. ("Defendant"), her step‐son and the only biological son of the Decedent. (Compl. ¶ 3.) She alleges claims individually, as "representative" of the Decedent, and/or as "successor in interest" and sole heir of the Decedent. (See Compl. Caption, and ¶ 1.) The Decedent was 92 years old when he passed away. (Compl. ¶¶ 15, 24.) He contracted pneumonia after he was hospitalized following a fall....
2022.04.28 Demurrer to TAC 118
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ...ss, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that the TAC fails to allege facts sufficient to support a finding of foreseeability required to impose a duty on Defendant Tankersley. As a threshold issue, the Court declines to consider the Declaration of David Yen in support of Plaintiff's ...
2022.04.28 Demurrer 096
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...have been filed and was never properly served on CrossDefendant and pursuant to CCP § 430.30(f) on the grounds that it is labeled as containing ten causes of action but appears to attempt to plead seven causes of action. For the following reasons, the Demurrer is overruled. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th ...
2022.04.28 Demurrer 364
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ... the Dealer advertised the vehicle as a Kia Certified Pre‐Owned and the vehicle had passed a “165 Point Inspection.” Kia America's website also provides a copy of the Kia Certified Pre‐Owned inspection sheet and it is required to accompany every certified pre‐owned Kia. Plaintiff alleges he viewed the Dealer's advertising about the vehicle and the Pre‐Owned program prior to purchasing the vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA ...
2022.04.28 Demurrer to FAC 583
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...icable to this matter. Requests for Judicial Notice The requests for judicial notice are unopposed. The Court need not take judicial notice of the original complaint to discern the date of its filing; that information can be ascertained from the Court's own file. The Court grants judicial notice of the certificates of completion and the grant deeds for the limited purpose of identifying the dates the certificates were recorded, and for no other p...
2022.04.28 OSC Re Designation as Vexatious Litigant 297
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ...te with examples of plaintiff filing “unmeritorious motions, pleadings, or other papers …” The Court will consider plaintiff's oral argument, take the matter under submission, and issue an order after hearing. The Court rules as follows on procedural matters: • Plaintiff's request that the hearing on this Order To Show Cause be transferred to another judge is denied. • The Court concurs with plaintiff's position that an order declaring ...
2022.04.28 Motion for Final Approval of Class Action Settlement 624
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...n December 16, 2019. On November 24, 2020, a First Amended Complaint was filed, adding Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The settlement adm...
2022.04.28 Motion for Final Approval of Class Action Settlement, Attorney Fees 303
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...g the COVID pandemic. It did not allege the variety of other claims often found in PAGA cases. On June 28, 2021, a First Amended Complaint was filed, alleging a class action raising similar claims. (During the time in question, reimbursements were made, but issues remain concerning the amount and interest on delayed payments.) The settlement would create a gross settlement fund of $900,000. The class representative payment to plaintiff would be $...
2022.04.28 Motion for Summary Judgment 102
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ... to show the existence of disputes regarding material facts. Background This case stems from the death of a child, Angela Nguyen, who was hit and killed by an SUV in a mall parking lot upon returning to her family vehicle with her mother and little brother, on December 3, 2018. The child's mother, Mai Nguyen, as well as her brother Benjamin, represented by his guardian ad litem, Huong Thi Nguyen, and the girl's father, Quan Nguyen, filed this cas...
2022.04.28 Motion to Enforce Settlement Agreement 588
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ...ty boundary and the ownership of a freestanding garage. After plaintiffs filed the action, parties arrived at a settlement agreement in October 2018 during mediation before Mediator Hon. Mark Eaton. As part of the settlement, defendants Jeffrey and Sharon Steinman agreed the garage was on their neighbors' side of the property line. Parties agreed that they would seek a lot line adjustment and that the Steinmans would make all efforts and pay all ...
2022.04.27 Motion for Summary Judgment, Adjudication 767
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...) failure to prevent discrimination and harassment, (6) failure to accommodate and (7) failure to engage in the interactive process. Plaintiff also sued the City for wrongful‐ constructive termination, but that claim has been dismissed. The City is moving for summary judgment of all claims or, alternatively, summary adjudication of each cause of action. Discrimination (C/A 1 and 2) Plaintiff sued the City for age and disability discrimination. ...
2022.04.27 Motion for Summary Judgment 171
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...tore (“Store”) located at 2515 Somersville Road in Antioch, CA on August 13, 2018. (UMF 1.) She alleges that she slipped on a pool of water while walking down aisle 9 of the Store, injuring herself. (UMF 2.) The incident occurred at approximately 2:05 p.m. (Decl. of Michael S. Richardson, Ex. F) Defendants' employees are trained to walk up and down the aisles, and to cone off and immediately clean any spills, making sure not to leave them una...
2022.04.27 Motion for Leave to File FAC 745
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...family home combined with a separate in‐law unit, commonly referred to as 119 Bruce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltz's property, located at 113 Bunce Meadows Drive in Alamo. The Kiltz's predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhangin...
2022.04.27 Demurrers 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...f contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Plaintiff is in pro per. The Court notes that the inclusion of Defendants' notice gives the impression of an overly‐long brief; however, counting from page 11 (the onset of the memorandum of points and author...
2022.04.25 Demurrer 716
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ...hereinafter “Geico”) has filed another demurrer to the First Amended Complaint asserting that the Plaintiff has no claim directly against the liability insurer for the alleged injuries and damages which occurred as a result of this collision. Plaintiff objects to the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 7 As previously outlined in the court's order on the demurrer to plaintiff's orig...
2022.04.25 Petition for Writ of Administrative Mandate 437
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ...rding to the terms of the local ordinance; the dog owner argues that the appeal can proceed as an appeal – with a hearing de novo – according to the terms of the state statute. (Compare Contra Costa County Ordinance No. 2020‐04, 416‐18.406 (f) (“A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622 (“If the original ...
2022.04.25 Motion to Amend Complaint to Add Exemplary Damages 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ... Costa County and two of its employee physicians, Dr. Rodelo and Dr. Ras. Plaintiff had a post‐ partum tubal ligation (“PPTL”) on March 20, 2016 because she wanted no more children after she gave birth to her second child on March 18, 2016. Dr. Rodelo performed the PPTL and told plaintiff it had been successful. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 2 Believing she could not get pregnant afte...
2022.04.21 Motion to Enforce Settlement and Stay Post-Judgment 528
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.21
Excerpt: ...hen states that, “Any Abstract of Judgment related to the Judgment may be recorded on 12/31/2021, or any date thereafter, if Defendant has not yet paid Plaintiff the remaining balance of $200,000. In such case, Defendant will make monthly payments to Plaintiff in the amount of $1,666.66 per month, for 10 years, with no interest, beginning on August 1, 2022.” (Settlement Agreement p. 1‐2.) After 10 years of payments, Defendants will have pai...
2022.04.21 Motion to Compel Arbitration 023
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.21
Excerpt: ...(Code Civ. Proc., § 1281.4.) A court must order arbitration if it determines that a valid agreement to arbitrate exists. Here, such an agreement exists. This case comes before the Court on remand following a previous denial of the petition. In a published decision, Gordon v. Atria Management Co., LLC (2021) 70 Cal.App.5th 1020, 1030, the First District Court of Appeal stated: The trial court erred in concluding that Randall lacked authority to b...
2022.04.21 Motion for Leave to File FAC 974
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.21
Excerpt: ...eeking leave to amend to (1) name Tyler Rad Holstein (“Holstein”) as a Defendant; (2) add claims for violations of the Unruh, Ralph and Bane Act; (3) remove claims and prayers for relief that are not recoverable in a survival action; (4) include allegations of Defendant Holstein's Post Traumatic Stress Disorder (“PTSD”) and Defendant Securitas' knowledge thereof; and (5) add allegations regarding Plaintiffs' status as successors in intere...
2022.04.20 Motion to Remove Seal 628
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.20
Excerpt: ...the matter was continued to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a yea...
2022.04.20 Motion for Summary Judgment, Adjudication 1957
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.20
Excerpt: ...F”) No. 20 as ineffectively disputed by plaintiffs' expert, Dr. Barnett; Gomez Decl, ¶ 16; Barnett Decl., ¶ 14, 15, 19.) Background This is a case for medical malpractice and loss of consortium. The plaintiffs are Dean Habegger and his wife, Debbie Habegger. The TAC alleges that Mr. Habegger (who was then 66 years SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 04/20/2022 2 of age and had previously ...
2022.04.20 Motion for Summary Adjudication 047
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.20
Excerpt: ...1‐2.) The Fifth Cause of Action of the SAC alleges that defendant EagleLift committed intentional misrepresentation by stating it had installed 12 interior posts (SAC, ¶ 46, 47), and that defendants Alpine and Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017 that all pertinent work done by EagleLift, was performed “as designed.” (¶ 50.) These representations were false because not all posts and pie...
2022.04.18 Demurrer 977
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ...f Robert Dandrea worked as a Manager at the Pep Boys located at 520 Contra Costa Blvd. in Pleasant Hill. Plaintiff suffered a workplace injury on September 9, 2019. Plaintiff alleges Defendants failed to engage in the interactive process or provide reasonable accommodations. Instead, Plaintiff was suspended and then terminated on September 19, 2019. Plaintiff alleges that throughout his employment he performed his duties competently and in satisf...
2022.04.18 Demurrer 779
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ... against defendants are barred by judicial estoppel. Plaintiffs filed Chapter 13 bankruptcies on three separate occasions, taking advantage of the automatic stay to delay foreclosure. But plaintiffs failed to list any claim against defendants on their bankruptcy schedules, or to correct those schedules during the pendency of the bankruptcies. The authorities cited by defendants confirm that this conscious omission is fatal to all of plaintiffs' c...
2022.04.18 Demurrer 018
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ... speak English. Plaintiff alleges her manager would become angry when she spoke with the tenants in Spanish. Additionally, her manager forbade her to speak Spanish or Tagalog or keep conversations with tenants. Plaintiff's manager refused to train Plaintiff on the duties of a property manager despite being directed to do so. Plaintiff was told by her manager she was sent there just to look pretty. Plaintiff was informed the manager would make ina...
2022.04.18 Demurrer, Motion to Strike 032
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ...essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099). Legal conclusions are insufficient. (Id. at 1098–1099; Doe at 551, fn. 5.) The Court “assume[s] the truth of the allegations in the complaint, but do[es]...
2022.04.18 Motion for Summary Judgment 049
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ...s not adequately supported by the evidence. Background On or around March 1, 2017, plaintiff and two other entities, as “Landlord,” and defendant Umesh Kumar Sharma, DBA Pizza Amigo, as “Tenant,” entered into a lease agreement for certain retail premises in a mall. The property has been occupied or otherwise in Tenant's possession since that same month. After the property was conveyed entirely to plaintiff in December 2018, the lease was ...
2022.04.18 Motion to Deem RFAs Admitted 277
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ... to admit or deny the remaining one. (Def. Mot. Exhibit B). Defense counsel sent a meet and confer letter to plaintiff's counsel on January 6, 2022, “advising that if verified responses were not received by January 20, 2022, Plaintiff would proceed with discovery motions.” (Def. Motion Exhibit C). No verification has since been served. Defendants' motion for deeming matters admitted is misplaced. Plaintiff's service of responses before the fi...
2022.04.15 Motion for Leave to File FAC 669
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.15
Excerpt: ... during the meet and confer process. Plaintiffs shall file and serve their first amended complaint by May 6, 2022. The Court sets a case management conference for April 25, 2022 at 8:30 a.m. for the parties to discuss whether this case should be consolidated or coordinated with case MSC22‐00001 (Lynch v. Smietana). Plaintiffs' counsel shall give notice of this CMC to the attorneys in MSC22‐00001 (Lynch v. Smietana) and/or be authorized to spe...
2022.04.15 Demurrers 692
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.15
Excerpt: ...rference with contract (FHL against Cyrus Jack), (4) intentional interference with prospective economic advantage (FHL against Cyrus Jack), (5) unfair competition (by FHL against Cyrus Jack), (6) civil conspiracy (FHL against all Defendants), (7) slander per se (Plaintiffs Robert and Joan Marx against Cyrus Jack), (8) intentional CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 7 infliction of emotional dis...
2022.04.15 Demurrer, Motion to Strike Punitive Damages 520
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.15
Excerpt: ... law and motion procedure in future filings. (See Code Civ. Proc., § 1005, subds. (b) and (c).) Defendants' demurrer is sustained in part and overruled in part, as set forth below. Leave to amend is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 4 Plaintiffs shall file any further amended complaint on or before May 16, 2022. If plaintiffs choose not to amend, they shall give defendants written n...
2022.04.14 Special Motion to Strike 633
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.14
Excerpt: ...) As used in this section, “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: … (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law … The first question before the Court is whe...
2022.04.14 Request for Preliminary Injunctions 194
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.14
Excerpt: ...§ 3273.10, and (4) violation of Bus. & Prof. Code § 17200 et seq, the body of the Complaint alleges only two causes of action: one for violation of Civil Code § 2923.6 (labeled first cause of action) and one for violation of Bus. & Prof. Code § 17200 et seq. (labeled third cause of action). For the following reasons, Plaintiff's motion for preliminary injunction is denied. The Temporary Restraining Order issued on February 14, 2022 is dissolv...
2022.04.14 Motion to Lift Stay, for Monetary Sanctions 298
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...Amended Complaint is lifted. The motion for sanctions is granted as requested, and Plaintiff is awarded $13,024.82 pursuant to Code of Civil Procedure section 1281.99(a), including $12,435.00 in attorneys' fees and $589.82 in costs. Background Plaintiff Mario Ramirez Lopez filed a class action complaint on behalf of himself and other similarly situated employees of E‐Tech alleging seven causes of action, including multiple violations of the Lab...
2022.04.14 Motion to Compel Responses 287
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...ame issues as the earlier productions, e.g., not including complete email threads. He argues that more meet and confer sessions will be needed. Defendant is ordered to provide complete responses within 30 days of this order. There also remains the issue of discovery of the current insurance policy. Defendant produced a policy that “was in effect for the relevant time period when Plaintiff filed his lawsuit.” Defendant asserts that this is the...
2022.04.14 Motion to Compel Arbitration 726
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...ound Plaintiff, Julian Hoffman, worked as a registered nurse for defendant hospital San Ramon Regional Medical Center and SRRMC Management, Inc., (collectively “defendants”) from June 2018 through May 2020. Both defendants are subsidiaries or affiliated entities with Tenet Healthcare Corporation, a network of hospitals. In his wage and hour class action complaint, filed in August 2021, plaintiff contends defendants violated various provisions...
2022.04.14 Motion for Summary Judgment 725
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...amended cross‐complaint filed by Lucas Du and Mary Wong and the cross‐complaint filed by Hui Yong. Plaintiffs filed an opposition to this motion, but Du, Wong and Yong have not filed an opposition. Plaintiffs sued the District for nuisance (in various forms), inverse condemnation, dangerous condition of public property, trespass, diversion of water and declaratory relief (based upon the alleged nuisance and trespass). The District moved for s...
2022.04.14 Motion for Final Approval of Class Action Settlement 203
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...kground and Settlement Terms The original complaint was filed October 23, 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. The settlement would create a gross settlement fund of $750,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $250,000 (33 1/3% of the settlement). Litigation costs w...
2022.04.14 Demurrer 142
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.14
Excerpt: ...se of action and is fatally uncertain; and, (2) the third cause of action, for injunctive relief under the Consumer Legal Remedies Act (“CLRA”), both fails to state facts sufficient to constitute a cause of action and is fatally uncertain. Introduction & Preliminary Considerations Before specifically addressing the merits of Renew's contentions, the Court first deals with some preliminary matters as a backdrop to that endeavor. First, the Cou...
2022.04.13 Demurrer 905
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...ates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s First Amended Complaint (“FAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligent misrepresentation; (4) negligence; and (5) negligent infliction of emotional distress. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following rea...
2022.04.13 Demurrer 671
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...tructive eviction cause of action fails as a result of CCP section 1166(d)(1); and (iv) that the entire complaint is uncertain under CCP section 430.10(f). Murray opposes. The Meet and Confer The Court has carefully reviewed the declaration submitted by counsel for Kizirian as well as the declaration submitted by counsel for Murray. Kizirian's declaration does not meet the requirements of CCP section 430.41(a) in that it does not specify the mann...
2022.04.13 Petition to Confirm Arbitration Award 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...den of proof that the Hofmann's breached their duty to disclose. The Hofmanns filed this petition to confirm the arbitration award. The Johnsons oppose the petition, arguing that the arbitration award should be vacated. If a petition is filed and served, the Court must confirm an arbitration award unless it corrects the award, vacates the award or dismisses the proceeding. (Code Civ. Proc. § 1286.) “Judicial review of an arbitrator's award is ...
2022.04.13 Motion for Leave to File SAC, Demurrer, Motion to Strike 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...nt, LLC and Betty Dominici. Plaintiff also move to add additional parties, Maruyama Holdings, LLC (as plaintiff) and Ravelloview LLC, A & A Health Services, LLC, AAHS San Pablo LH, LLC; A&A Living, LLC; Alamo Health Management, LLC; and Alamo Senior Living Management, LLC (as defendants). Plaintiff seeks to add about 12 new claims. The proposed SAC seeks to add Maruyama as a Plaintiff in the furtherance of judicial economy. Maruyama's claim runs ...
2022.04.13 Motion to Remove Seal 628
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a year later in April 2021.) I...
2022.04.13 Motion to Dismiss for Lack of Subject Matter 827
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ... of forum non conveniens, Defendant's motion is untimely. “A motion to stay or dismiss on the ground of inconvenient forum must be made within the time permitted to plead, i.e., 30 days after service of the complaint, unless extended by stipulation or court order. (§ 418.10, subd. (a).)” (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1295.) This ruling does not preclude Defendant from raising the objection after a general appeara...
2022.04.11 Petition to Vacate or Modify Appraisal Award 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.11
Excerpt: ...dant's Submissions To Appraisal Panel. In a letter dated September 24, 2021, the umpire noted that she had received three documents from defendant's appraiser: (1) “Mr. Halpin's Differences by Trade”; (2) “Mr. Halpin's Dispute Discussion by Trade based upon the 2018/2019 Estimates”; (3) “Mr. Halpin's eagleview area diagram.” (Defendant's Exh. 7, p. 3.) Further, defendant apparently submitted a brief to the appraisal panel on September...
2022.04.11 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.11
Excerpt: ... Western Dental office in El Cerrito. For the following reasons, Defendant's motion is granted. Request for Judicial Notice Defendant requests judicial notice of the Complaint in this action, Plaintiff's opposition to Defendant's Demurrer dated February 2, 2021, documents filed with the Court on or before June 10, 2021, and Plaintiffs declaration dated July 20, 2021 and filed July 21, 2021. The Court grants the request, but not the truth of any r...
2022.04.08 Petition for Writ of Mandate 007
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.08
Excerpt: ...l Notice (RJN). It overrules the City's objection to the County's RJN if the City's Opposition to the County's RJN is deemed an objection. The court takes judicial notice of the existence and contents of the exhibits attached to the County's RJN. The court notes that the City filed considerable evidence with its Reply papers, which may be problematic whether the hearing on this writ is considered a law and motion matter or a trial. (See San Diego...
2022.04.08 Motion to Strike FAC 959
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.08
Excerpt: ... Defendant moves to strike on the ground the version of the FAC filed with the Court on December 17, 2021 is not drawn or filed in conformity with the order of the court. On September 20, 2021, Plaintiff filed a motion for leave to file a FAC and attached the proposed pleading. The matter was set for hearing on December 3, 2021. The Court issued a tentative ruling granting the motion. The tentative ruling was not argued and became the order of th...
2022.04.07 Motion for Final Approval of Class Action Settlement 312
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...her PAGA‐only complaint. The Second Amended Complaint, filed June 21, 2021, included class action allegations, and added plaintiff Becerra. The settlement would create a gross settlement fund of $150,000. The class representative payment to each plaintiff would be $5,000. Counsel's attorney's fees would be $52,500 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Phoenix) would cap its costs at $5...
2022.04.07 Demurrer 116
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...ction. The Court reminds the parties to comply with the formatting requirements for legal memoranda. (See Cal. Rules of Court, rule 3.1113, subd. (d) [page limit] and subd. (f) [tables required for memoranda over 10 pages].) For the reasons explained below, the Court rules as follows: 1. As to the First Cause of Action for Slander of Title, the Court overrules the demurrer. 2. As to the Second Cause of Action for Constructive Fraud, the Court sus...
2022.04.07 Motion for Approval of Representative Action 500
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...ment This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, failure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $4...
2022.04.07 Motion for Judgment on the Pleadings 506
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...IOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/07/22 ‐ 20 ‐ The City argues that all claims fail because of the failure to allege facts showing the violation of a mandatory duty. This argument appears most appropriately addressed towards the first and fourth causes of action for wrongful death and negligent infliction of emotional distress. The Court notes that in ruling on a demurrer in this case it found that the complaint a...
2022.04.07 Motion for Monetary Sanctions 970
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...entures, LLC ("Creekside") seeks an award of monetary sanctions against attorneys representing defendants O.C. Jones & Sons, Inc. and 14 other defendants ("demurring defendants") and Intervenor Liberty Surplus Insurance Corporation appearing on behalf of its insured, Summit Plastering, Inc., a suspended corporation ("Liberty/Summit"). Plaintiff contends it should be awarded monetary sanctions under Code of Civil Procedure § 128.7 based on a gene...
2022.04.07 Motion to PAGA Settlement, Attorney Fees 774
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...or Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $500,000. This is composed in part of attorney's fees of $175,000 (35% of the recovery), $15,627.21 in litigation costs, and $5,000 in costs to the settlement administrator, Simpluris. A plaintiff's service award of $10,000 would be provided. The remainder of the payment, curre...
2022.04.06 Motion to Strike 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.06
Excerpt: ...eneral demurrer is sustained, with leave to amend; and (3) the special demurrer for uncertainty is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/06/22 ‐ 4 ‐ Factual Background Pertinent to Motion to Strike and Demurrer Cross‐Complainant Jeri Iancu in the capacity as Executor of the Estate of Jerry Kilarr ("Executor") filed a cross‐complaint with a single cause of action for breach of contract ...
2022.04.06 Motion to Set Aside Default Judgment 591
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.06
Excerpt: ...on December 13, 2019. An amended proof of service filed on September 23, 2021 indicates defendant Ho was personally served at 939 Clement Street, San Francisco on July 15th. An amended proof of service filed on September 23, 2021 indicates defendant He was served by substituted service on June 27th at 939 Clement Street, San Francisco. After defendants failed to appear, their defaults were entered on October 4, 2021. Both moving defendants appear...
2022.04.06 Motion for Summary Judgment 167
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.06
Excerpt: ...against a suit even ‘ “where the evidence suggests, but does not conclusively establish, that the loss is not covered.” ' [Citation.]” (Hartford Casualty Ins. Co. v. Swift Distribution, Inc. (2014) 59 Cal.4th 277, 287.) “ ‘Determination of the duty to defend depends, in the first instance, on a comparison between the allegations of the complaint and the terms of the policy. [Citation.] But the duty also exists where extrinsic facts kn...
2022.04.06 Demurrer 267
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.06
Excerpt: ...a member of the District's Measure R Citizens' Bond Oversight Committee. Respondent demurs to Petitioner's writ pursuant to Code of Civil Procedure (“CCP”) § 1089 on the grounds that quo warranto is the exclusive remedy available to Petitioner as the writ relates to a public office. For the following reasons, the Demurrer is sustained, with leave to amend to sue in quo warranto (with permission from the Attorney General). Legal Standard A pe...
2022.04.01 Motion for Summary Judgment, Adjudication 122
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.01
Excerpt: ... of dismissal, separate from any formal order on the motion, and shall submit the proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The Pertinent Causes of Action. The operative pleading is now the Third Amended Complaint (“TAC”), filed on November 29, 2021. The Hansen defendants are named in three causes of action: (1) the Eighth Cause of Action, captioned “Constructive Trust”; ...
2022.04.01 Motion for Summary Judgment 999
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.01
Excerpt: ...Ms. Standish resided together in plaintiff's home from November 2018 through late April 2019. When the relationship deteriorated, on April 24, 2019, Ms. Standish left the home. The two agreed she would return the next morning for a discussion. Ms. Standish did return on April 25th and plaintiff and Ms. Standish agreed to take a “brief break,” and to talk again the following Saturday. Ms. Standish took some items from the home that morning wit...
2022.04.01 Motion for Leave to File FAC 830
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.01
Excerpt: ... against Defendant WeBuiltIt4U Inc. (“Defendant” or “WeBuiltIt4U”)'s principal, Jeffrey Lee Klaus as a party to the action. Defendant WeBuiltIt4U Inc. opposes the motion on the grounds that the proposed amendments are based on facts that were well known or should have been well known to Plaintiffs at the time their Complaint was originally filed and that they would suffer prejudice should the amendment be permitted. CONTRA COSTA SUPERIOR ...
2022.04.01 Demurrer 290
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.01
Excerpt: ...sued in the claims subject to this demurrer. Plaintiff argues that the demurrer should be overruled based on Defense counsel's failure to meet and confer. “A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41 (a)(4).) Defendants demurred to the second, third and fourth causes of action in the fourth amended complaint based on the fai...
2022.03.30 Motion for Summary Adjudication 047
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.03.30
Excerpt: ...d Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017, after the work was completed, that all pertinent work done by the contractor, Eaglelift, was performed “as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/30/22 ‐ 2 ‐ designed.” This representation was false because not all posts and piers called for in the design were installed. (SAC, ¶ 49.) Alpine now moves for ...
2022.03.30 Application for Right to Attach 651
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.03.30
Excerpt: ...ons for issuance of writs of attachment and right to attach orders as to defendants Tony Bess and Juliane Bess, conditioned on Plaintiff posting an undertaking of $10,000, and (2) denies the claim of exemption. Factual Background Plaintiff Seaside Plaza, LLC ("Seaside") has filed a complaint for breach of lease against defendants Tony Bess and Juliane Bess (collectively, the "Besses"). The Pao Declaration supporting the applications attaches an i...

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