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4063 Results

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2018.10.29 Demurrer 206
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.29
Excerpt: ...t Lemuel Sirvonn Wilson, Jr., and owned by defendant Savee Pralourng, struck her car. Three of Ms. Reyes' children were passengers and two died at the scene. The third – plaintiff Luciano Reyes, on whose behalf Ms. Reyes brings the action as guardian ad litem – survived. Besides the negligence‐based claims against the driver and owner of the other vehicle, plaintiffs also bring claims for dangerous conditions of public property against seve...
2018.10.26 Motion for Attorney Fees 309
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.26
Excerpt: ...lly to vacate the judgment, demonstrating that the Hawaii court had never properly obtained jurisdiction over him because of defects in the manner in which the HOA supposedly served Rad with process in the Hawaii action. Rad now moves for attorney fees incurred in winning his motion to vacate the judgment. The motion is denied. Rad identifies no statutory or contractual provision that entitles him to recover attorney fees for this victory. Rad re...
2018.10.26 Demurrer 330
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.26
Excerpt: ... accordingly cross‐complained against ADP. ADP demurs to the cross complaint. The demurrer is sustained in part without leave to amend, and overruled in part. Specifically, the demurrer is sustained without leave as to all causes of action on the part of the individual cross‐complainants, and Los Montañas's second and third causes of action (warranty and implied indemnity). It is overruled as to Los Montañas's first, fourth, and fifth cause...
2018.10.26 Motion for Judgment on the Pleadings 079
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.26
Excerpt: ...ied. This motion was previously before the Court on October 5. In its tentative ruling the Court continued the motion to this date. The District's original motion simply ignored the express allegation in the second amended complaint that plaintiff had exhausted administrative remedies by filing an administrative claim form, attached to the SAC as an exhibit. Plaintiff pointed this out in her opposition. Only in its reply brief – which is to say...
2018.10.25 Motion to Set Aside and Vacate Judgment 334
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ... History Santos began working for Contra Costa County in 1995. She argues that she is entitled to service‐connected disability retirement benefits based on her orthopedic and consequential psychological injuries. Specifically, she contends that she is permanently incapacitated on a psychiatric basis and therefore unable to engage in any substantial gainful employment. Santos started work with the county as a clerk in 1995. In 2001 she worked in...
2018.10.25 Motion for Summary Judgment, Adjudication 284
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...Court previously advised the parties, the Court will set trial and issue conference dates once the parties have participated in mediation. A. Preliminary Matters. Holding Company's request for judicial notice, filed on June 15, 2018, is granted. CSV's request for judicial notice, filed on August 30, 2018, is also granted. CSV's evidentiary objections, filed on August 30, 2018, are sustained. Holding Company's evidentiary objections, filed on Sept...
2018.10.25 Demurrer 763
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...ated May 30, 1990, brings this action as co‐owner of the real property located at 3511 School Street. Cross‐Defendant Milton Bruzzone owns the adjacent Rosedale Street Property. There are two small parking areas along the western side and southern portion of the School Street Property, which Cross‐Complainant has labeled “Area B” that are in dispute. As alleged, Area B has always been within the School Property's side of the fence separ...
2018.10.25 Demurrer 450
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.25
Excerpt: ..., Inc., Mt. Diablo Paper Stock, Inc., Oakley Disposal Service, Inc., Pittsburg Disposal & Debris Box Service, Inc. and Rio Vista Sanitation Service, Inc. (the “Corporate Defendants”) filed a demurrer to the complaint. Defendants Silvio Garaventa, Jr., Louisa Binswanger and Marie Adler filed joinders to the demurrer. Plaintiff Joseph Garaventa opposed the demurrer and Plaintiff Linda Garaventa Colvis filed a joinder to that opposition. The dem...
2018.10.25 Demurrer 224
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...rah Shapero, are ordered to show cause why they should not be sanctioned in the sum of $ 900.00, jointly and severally, pursuant to sections 128.5 and 128.7 of the Code of Civil Procedure. On or before November 1, 2018, plaintiff shall file and serve a declaration signed by plaintiff's counsel. Attached to this declaration shall be a ‘redlined' copy of the “Amendment to Second Amended Complaint For Damages” filed on October 19, 2018. This r...
2018.10.19 Motion to Compel Production of Docs 549
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.19
Excerpt: ...led to file the ex parte application papers. Counsel should bring those papers to the hearing. (If plaintiffs proffered any opposing papers, they should bring those as well.) The Court will honor Judge Weil's ruling. Without seeing the application, however, the Court is more than a little puzzled as to why this motion was exempted from the Facilitator program. The motion calls on the Court to conduct at least a line‐by‐line review of an inch�...
2018.10.19 Motion for Leave to File Amended Complaint 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.19
Excerpt: ...ase other than plaintiffs' claims that defendant is in violation of a non‐compete agreement. The problem is that the causes of action pleaded in the original complaint (or in the first amended complaint, which only added two new plaintiffs) did not segregate themselves neatly into arbitrable and non‐arbitrable causes of action. As pleaded, only the second cause of action could clearly be categorized (as non‐arbitrable). While it may be appr...
2018.10.19 Demurrer 132
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.19
Excerpt: ...rements caused material harm – meaning that without the procedural violations, plaintiffs would have succeeded in refinancing their defaulted mortgage and saving their property from foreclosure. That failing underlay the Court's rulings sustaining demurrers to prior iterations of the complaint. In the SAC, plaintiffs made their last‐hurrah effort to allege materiality. In its September 28 tentative ruling on this demurrer, the Court commented...
2018.10.18 Demurrer, Motion to Disqualify Counsel 614
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...ing to bring their eleven (11) Penal Code claims against any party. The District Attorney's office (or U.S. Attorney with respect to the federal RICO claim) is the entity (or entities) who must prosecute those claims. No civil remedies are contained in the violations set out in the Complaint. NO CAUSE OF ACTION PLED AGAINST THE STATE OR ITS AGENCY, THE CSLB Regardless of the problems with standing, this demurrer is confined to the deficiencies in...
2018.10.18 Demurrer 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...continued this demurrer so that the parties could meet and confer “in person or by telephone” as required by code of civil procedure § 430.41. The Court further ordered Plaintiff to file a declaration of compliance with § 430.41(a) by October 11, 2018. He has not done so. Although the Plaintiff is in pro per, the Court notes that pro per litigants are not entitled to special treatment and must follow the procedural rules that govern civil l...
2018.10.18 Motion for Summary Judgment, Adjudication 324
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...rs contain serious defects. The Court will not consider these opposition papers, and gives plaintiff two procedural options. First, plaintiff may submit the pending motion for the Court's decision as functionally unopposed. The Court would review only the moving papers, and would send out a ruling by the end of the day. Second, plaintiff may stipulate to (1) briefly continuing the existing issue conference and trial dates, (2) setting a new heari...
2018.10.18 Demurrer, Motion to Strike 944
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...t cannot determine whether the enactment relied upon was intended to impose an obligatory duty to take official action to prevent foreseeable injuries or whether it was merely advisory in character. [Citation]”).) In addition, a complaint against a public entity will ideally make clear whether plaintiff the plaintiff is claiming the public entity is directly liable under Government Code section 815 and/or 815.6 and a statutory or constitutional...
2018.10.18 Motion for Approval of PAGA Settlement 889
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.18
Excerpt: ...h the first directive, and the LWDA has not commented on the settlement. With respect to the second directive, the parties have responded with a declaration stating that the settlement allocation is based on “Plaintiff's willingness to provide a general release with a 1542 waiver thereby precluding plaintiff from raising other employment issues in the future; 2) since the case had been actively litigated for almost two years, the risk that plai...
2018.10.15 OSC Re Preliminary Injunction 476
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.15
Excerpt: ...LC; and Affinia Default Services, LLC (collectively, “Defendants”). The Complaint alleges a cause of action for (1) declaratory relief and (2) violation of Cal. Civ. Code § 2924.11. A week later, Plaintiff moved ex parte for a temporary restraining order. The Court heard the Ex Parte Application, granted the TRO, and entered an Order to Show Cause to show why a preliminary injunction should not be granted, enjoining the Trustee's Sale of the...
2018.10.11 Petition for Writ of Mandate 168
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...k to be assigned “benefits because the premises are the very definition of unsafe...” Plaintiffs include what appears to be a copy‐andpaste rendition of Health and Safety Code section 17975 et seq. regarding tenant relocation assistance. In apparent efforts to improve the Petition's chance of success, Plaintiffs filed an “addendum to petition for writ of mandate” on October 5, 2018, three court days before the hearing and without a proo...
2018.10.11 Motions for Sanctions, Demurrer 394
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.11
Excerpt: ... for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Where, as here, the tactic or action is the filing of a motion, the party seeking sanctions must serve, but not file, the motion for sanctions, and give the other party 21 days to withdraw the motion. (C.C.P. § 128.5(f)(1)(B).) AUSD did so. XL did not withdraw the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMEN...
2018.10.11 Motion to Strike (Anti-SLAPP) 503
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...e and two is granted in part and denied in part. The motion is granted as to the STA Notice. Paragraphs 26 and 27 are ordered stricken from the complaint. Otherwise the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/11/18 ‐ 10 ‐ Relevant Allegations Defendants seek to strike the first and second causes of action (libel per se and libel per quod) in the complaint. Defendants have not moved to...
2018.10.11 Demurrer, Motion for Leave to Amend Complaint 094
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...te causes of action. The amended complaint may also include the changes listed in Plaintiff's request for leave to amend. Res Judicata Defendant argues that Plaintiff's complaint is barred by res judicata because there was a final judgment on the merits in a small claims action between the same parties. This argument was raised and rejected by this Court in the last demurrer. This appears to be an improper motion for reconsideration, however, occ...
2018.10.11 Demurrer 884
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...al theories. Any amended complaint shall be filed and served on or before January 31, 2019. The basis for this ruling is as follows. Background Plaintiffs are the current owners of the Renaissance Square Apartments, located at 1825 Galindo Street, in Concord, California (the “Property.”) They sue defendant Signature Properties, Inc. over allegedly defective construction services that Signature provided for a prior owner under a contract with ...
2018.10.11 Demurrer 564
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.11
Excerpt: ... these are the only causes of action in which defendant Seterus is named, defendant shall prepare a proposed judgement of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiffs for approval as to form. The basis for this ruling is as follows. A. The Fifth Cause of Action. The Fifth Cause of Action is for slander of title. The Court sustains defendant's demurrer to this cause of action on t...
2018.10.1 Motion to Strike 619
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.1
Excerpt: ...“VSAC”). The Motion is opposed by the plaintiffs (“Plaintiffs”) in this matter. No reply was filed. For the reasons stated below, the Motion is granted. Governing Law Code of Civil Procedure (“CCP”) section 425.16 governs special motions to strike (“anti‐SLAPP” motions). A defendant's anti‐ SLAPP motion may only target claims arising from any act of the defendant in furtherance of the defendant's right of petition or free spee...

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