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2018.1.25 Motion to Disqualify Attorney 451
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...y settled Armstrong's claims against Daly, but did not settled Daly's crosscomplaint against Armstrong. Armstrong filed a second opposition to this motion on January 11, 2018 and Daly filed a timely reply. Daly's motion seeks to disqualify Armstrong's attorney Robert De Vries because De Vries represented Armstrong's brother, Richard Armstrong, during his deposition. Daly argues that De Vries' representation of Richard Armstrong at his deposition ...
2018.1.25 Motion for Summary Judgment 596
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...aglins, in 2010, but they lost the property to foreclosure. Bank of New York purchased the property at a foreclosure sale on August 15, 2011. After the foreclosure sale, the property manager was originally defendant Tenant Access and later moving party Rockbridge Group, LLC. Rockbridge is the successor in interest to Tenant Access. Neither party has provided the precise date when Rockbridge took over from Tenant Access, but Tenant Access was stil...
2018.1.25 Demurrer 814
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...nee Benham (“Benham”). This is an unlawful foreclosure case. The FAC pleads causes of action for (1) violation of Civil Code § 2923.6; (2) violation of § 2923.7; (3) negligence; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) unfair business practices. The Court previously sustained Defendant's demurrer to Plaintiff's original Complaint, which pled causes of action for (1) violation of Civil Code § 2923.6; (2) v...
2018.1.25 Demurrer 184
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...d vehicle, but does not explain or identify why that would be. Furthermore, LaPlante does not explain which entity she had/has an auto policy with or which policy had/has the underinsured provision and/or any preservation of a crashed vehicle provision. From the FAC, one cannot know who the two individual employees are, who represented that they would keep the crashed vehicle for Plaintiff, or for which insurer they even worked. Hence, one cannot...
2018.1.25 Motion for Summary Judgment 656
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.25
Excerpt: ...only once. Due to the volume of material the parties have filed in connection with these motions, for clarity's sake, the particular motion(s) the analysis and disposition governs will be identified by the date and time of the motion's filing. Indemnity and Labor Code section 2860 (Pertains to AAA NCNU's motion filed at 10:11 a.m. on May 13, 2016 and the class's motion filed at 3:35 p.m. on May 13, 2016.) Both of the motions this tentative ruling...
2018.1.24 Motion to Dismiss 543
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.1.24
Excerpt: ...en done in this case. The only discovery initiated was by Plaintiff's first counsel, Mark Corrinet, Esq., approximately two months after the initial lawsuit was filed almost five years ago. Mr. Corrinet propounded a first set of form interrogatories and a first document request. Following a disqualification motion, Mr. Corrinet withdrew as counsel, and Grover Perrigue substituted into the case on July 2, 2014. Mr. Perrigue did even less than Mr. ...
2018.1.24 Motion to Compel Arbitration, Stay Litigation 877
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.1.24
Excerpt: ...f escrow. And Paragraph 19 of the subject purchase agreement requires the arbitration of all such pre‐closure disputes, “whether or not arising from CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/24/18 ‐ 4 ‐ a Buyer default.” There is no reasonable interpretation of the pre‐closure arbitration provisions that simply ignores the language “whether or not arising from a Buyer default.” The CDI defend...
2018.1.22 Motion to Quash Subpoena 836
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.22
Excerpt: ...0836 CASE NAME: REILAND VS. JOHN MUIR HEALTH HEARING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS FILED BY CEP AMERICA ‐ CALIFORNIA * TENTATIVE RULING: * First, the matter does not appear to be exempt from the Discovery Facilitator Program. While that program exempts “[m]otions necessitated solely by a third party's refusal to comply with a subpoena[,]” (Local Rule 3.300(c)), this motion concerns Plaintiff's objections, not a third‐party...
2018.1.22 Demurrer 093
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.22
Excerpt: ...vides for indemnity by Reco to AFC is identified. As to equitable indemnity, there can be no equitable indemnity unless AFC has tort liability to KMS. (Prince v. Pacific Gas & Electric Co. (2009) 45 Cal.4th 1151, 1157‐1158.) AFC asserts that there may be implied contractual indemnity, but AFC has no contract of any sort with Reco. The third cause of action for declaratory relief is wholly derivative of the first and second causes of action for ...
2018.1.19 Motion for Judgment on the Pleadings 242
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...e to strike the Answer on account of these deficiencies. At this time, there is an Answer on file, and it contains denials and affirmative allegations sufficient to defeat the present motion. If the Answer should be stricken, plaintiff should move to strike it. If it is not stricken, however, it defeats the present motion. Among other advantages, that order of procedure would create an opportunity for plaintiff's counsel to meet and confer with d...
2018.1.19 Demurrer 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...irst Amended Complaint, even though some of them are deleted altogether due to the Court's prior demurrer ruling.) Defendants District, Yurkovich, and Perry demur to what are labeled as the sixth and seventh causes of action. The demurrer is sustained. Leave to amend is allowed, one final time, as to the seventh cause of action. Leave to amend is denied as to the sixth cause of action. Any amended complaint (which, to avoid hopeless confusion, wi...
2018.1.19 Motion to Compel Responses 299
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...ere all served on April 7, 2017. Each defendant responded to each discovery request with a blanket paragraph of rote objections, each substantially identical to the objections made to the hundreds of other discovery requests cumulatively made to the responding defendant and all the other defendants. On the face of these “responses”, there was no pretense of any good‐faith attempt to respond, nor to provide objections actually CONTRA COSTA S...
2018.1.19 Motion to Quash Deposition Subpoena 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...rning her mental disability. But her claim itself centers directly on the alleged existence and results of that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/19/18 ‐ 5 ‐ disability; without the disability she has no claim. Plaintiff has thus directly put her own mental state at issue, alleging (among other things) that she lacked capacity to agree to and sign an alleged quitclaim deed in 1999. She cannot exp...
2018.1.18 Motion for Voluntary Dismissal of Putative Class 439
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.18
Excerpt: ...roper decision in this public matter. The parties should be prepared to state why the settlement should not be a public document since they are asking the Court to dismiss an action that was brought (i) on behalf of a class – whereby plaintiffs' counsel accepted certain fiduciary duties to the class and (ii) on behalf of the State as an entity concerned about all aggrieved employees. In addition, the First Amended Complaint states a PAGA violat...
2018.1.18 Motion for Summary Judgment, Adjudication 024
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...the motion is granted as to Wells Fargo, LTD. Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment is granted for the following reasons. Background Facts Plaintiff Colin Fraser is a 52‐year‐old Caucasian male. Plaintiff began working for Wells Fargo in September of 2003. In April 2007, Plaintiff became licensed as a Personal Banker and transferred to the Blackhawk branch effective September 30, 2007. He remained a “Personal Banker...
2018.1.18 Motion for Scope of Discovery and to Compel 322
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.18
Excerpt: ..., 2017. On that date, at a further meet and confer, defendant concedes it agreed to permit a motion to compel as to a “representative interrogatory.” CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 17 HEARING DATE: 01/18/18 The Court will be dark on Thursday, January 18, 2018. If an appearance or argument is required, it will be conducted at 8:30 a.m. on Friday, January 19, 2018. Notice of intent to contest the Court's tentative ...
2018.1.18 Motion for Leave to File 267
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.18
Excerpt: ...claratory relief, and to amend the existing causes of action against Engeo to add allegations concerning a May 9, 2003 contract. The motion is granted insofar as defendants seek leave to make other technical changes that have not been opposed by the affected parties. Specifically, the motion is granted as to the following item numbers listed in the notice of motion: Nos. 2, 3, and 4; No. 5 (except as to EBRPD); No. 7; Nos. 9 and 10; Nos. 11, 12, ...
2018.1.18 Motion for Further Award of Post-Jugment Attorney Fees 493
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...60 and 701.680. Moreover, the judgment was fully satisfied 2 months prior to the initiation of this litigation. CCP Section 685.080 only allows for an award of fees if the motion seeking fees is brought before the judgment is fully satisfied. ...
2018.1.18 Demurrer 565
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...ele (collectively “Plaintiffs”) have sued the Bay Area Air Quality Management District (the “District”) and several individuals: Wayne Kino, Brian Binger, Bill Guy, Satnam Hundel, Rex Sanders, Jeffrey McKay and Jack Broadbent (collectively the “Individual Defendants”). Plaintiffs' First Amended Complaint (FAC) includes a single cause of action against all defendants for violations of Labor Code §1102.5 (all statutory references are t...
2018.1.18 Demurrer 322
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.18
Excerpt: ...elief pursuant to Code of Civil Procedure Sections 1085 and 1060, and Third Cause of Action, for Writ of Mandate Pursuant to Government Code section 54960.1. The court previously sustained a demurrer to the cause of action for nullification under section 54960.1 because petitioners failed to allege they had been prejudiced by any violation of the Brown Act. Second Cause of Action, for writ of mandate under CCP § 1085 CONTRA COSTA SUPERIOR COURT ...
2018.1.18 Demurrer 098
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The Complaint pleads causes of action for (1) violation of Civil Code § 2923.7; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2924(b); (4) negligence; (5) intentional misrepresentation; (6) negligent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/18/18 ‐ 22 ‐ misrepresentation; (7) promissory estoppel; (8) to set aside truste...
2018.1.17 Petition for Relief from Government Claim 855
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.1.17
Excerpt: ...e No. N17‐1856, the City likewise filed its opposition three days late. The City's conduct has caused prejudice in at least two ways. First, it has prevented Petitioner from having the statutorily‐ prescribed amount of time to file a reply brief. Second, it has prevented the Court from having the statutorily‐mandated amount of time to consider this matter on the merits. It is unacceptable; particularly so in a case where the City asks the C...
2018.1.17 Motion for Judgment on the Pleadings 614
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.1.17
Excerpt: ...in the First Amended Complaint and First Amended Cross‐Complaint, Cross‐Complainants cannot get indemnity, contribution or apportionment of fault. Rock Bottom correctly points out the CrossComplainants' theory of recovery is based on Rock Bottom acting negligently. Relevant Factual Allegations The Court accepts all the factual matters alleged as true for purposes of deciding the Motion. However, the Court accepts as true only the factual matt...
2018.1.17 Application for Right to Attach Order 195
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.1.17
Excerpt: ...f the following: (1) the claim is one upon which an attachment may be issued; (2) the probable validity of the claim is established; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the application is based; (4) the amount to be secured by the attachment is greater than zero, and (5) the defendant has failed to prove that all of the property sought to be attached is exempt. The requirements for when a...
2018.1.12 Motion to Quash Service of Summons and Complaint 862
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.12
Excerpt: ...s for the exercise of jurisdiction. [Citation.]” (Shisler v. Sanfer Sports Cars, Inc. (2006) 146 Cal.App.4th 1254, 1259; see also Ziller Electronics Lab Gmbh v. Superior Court (1988) 206 Cal.App.3d 1222, 1232‐33.) A court may exercise two types of personal jurisdiction over a defendant: general jurisdiction and specific jurisdiction. Each is considered below. General Jurisdiction “General jurisdiction exists when a defendant is domiciled in...

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