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2024.02.07 Motion for TRO 395
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...ars, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “BeneÞciaries”), in a Wills and Trust case Þled in Contra Costa County (Case no. P21-00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the BeneÞciaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the BeneÞciaries engagement agreement with Plainti¯ (the “Ag...
2024.02.07 Motion for Preliminary Injunction 578
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...ublic easement (referred to as the "CutThrough") over a portion of a residential property located at 2354 Alameda Diablo in Diablo to which defendant U.S. Bank obtained title by foreclosing on its deed of trust secured by that property (the "US Bank Property"). Defendant Bart Wooten is the owner of an undeveloped lot ("Wooten Property") adjacent to the US Bank Property. (Compl. ¶ 4.) They allege the Cut-Through is an easement over a strip of lan...
2024.02.07 Motion for Summary Adjudication 619
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ... and Fair Dealing (Second Cause of Action), 3) Retaliation/Wrongful Termination (Third Cause of Action), 4) Disability Harassment (Fourth Cause of Action) and 5) Intentional Interference with a Contract or Prospective Economic Advantage (Seventh Cause of Action). Miller concedes that she cannot maintain her claim for disability harassment but opposes the motion as to the remaining causes of action. Millers request for judicial notice is granted ...
2024.02.07 Motion for Reconsideration 327
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.02.07
Excerpt: ...s Motion or Reconsideration o the Court's (1) November 9, 2023 Order Denying Motion or Order Granting Leave to File a First Amended Complaint and (2) November 9, 2023 Order Granting Motion to Seal and Issue a Protective Order is denied. Background The court heard argument on Plainti¯'s Deborah Johnson's Motion or Leave to File a Þrst Amended Complaint and Deendant's Northgate Homeowner Association's Motion to Seal and Issue a Protective O...
2024.02.05 Demurrers 646
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
Excerpt: ...ests for judicial notice must comply with Rule 3.1306(c), which provides that any party requesting judicial notice “must provide the court and each party with a copy of the material.” (Cal. R. Ct. 3.1306(c).) Defendant failed to comply with this requirement. In addition, “[o]nly relevant material is a proper subject of judicial notice, even where the Evidence Code provides in mandatory terms that matters be judicially noticed.” (Hayward A...
2024.02.05 Demurrer to FAC 740
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
Excerpt: ...i¯ has leave to amend and shall Þle and serve any amended complaint by February 15, 2024. A. Background Plainti¯, Homeport Insurance Company, Þled this medical negligence action “for itself and as assignee of Veronica McRae […].” The First Amended Complaint (“FAC”) alleges a single cause of action for medical negligence against San Ramon Regional Medical Center (“SRRMC”), Narendra Malani, M.D. (“Malani”), and Nirja P. Shah...
2024.02.05 Demurrer to FAC 458
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
Excerpt: ...d Thompson (“Plainti¯” or “Thompson”)s First Amended Complaint for (1) violations of California Civil Code § 2923.6; (2) violations of Civil Code § 2923.7; and (3) violation of Bus. & Prof. Code § 17200, et seq. Defendant demurs to Plainti¯s causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (g) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Stan...
2024.02.05 Motion for Summary Judgment, Adjudication 556
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
Excerpt: ...adjudication (the “Motion”). The Motion is directed toward Defendant and Cross-Complainant John W. Elkins (“Cross-Complainant” or “Elkins”)'s Cross-Complaint for Declaratory Relief. Cross-Defendant moves for summary judgment on the grounds that there are no genuine issues of material fact as to Borrower's declaratory relief cause of action, and US Bank as Trustee is entitled to judgment as a matter of law. As a threshold issue, the Co...
2024.02.02 Motion to Set Aside Stipulated Judgment 529
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.02
Excerpt: ... who move to set aside a stipulated judgment between Je¯ Mini and others who are the plainti¯s in a complaint in intervention (“Intervenors”) and defendant U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgages Trust 2007-2 Mortgage Pass-Through CertiÞcates, Series 2007-2 (“US Bank”) entered by the Court on November 3, 2023. The motion is supported by a memorandum of points and authorities and a request for j...
2024.02.02 Demurrer 721
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.02
Excerpt: ...murrer p. 1: 25-26.) For the following reasons, the demurrer is overruled. Meet and Confer Requirement Defendant satisÞed his meet and confer requirement regarding their demurrer in detailing their meet and conger e¯orts with Plainti¯'s counsel in the Declaration of James J. Astuno Jr. Defendant's counsel detailed their communications with Plainti¯'s counsel from November 3 through November 7, 2023, mentioning exchanges of e-mail and phone...
2024.02.01 Motion for Determination of Good Faith Settlement 637
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...eek the Court's approval of it as a good-faith settlement. Defendant Taylor Morrison has belatedly Þled an objection to the good- faith settlement. Taylor Morrison's basic argument is that although the settlement motions say the settlement releases plainti¯'s claims against everyone – including Taylor Morrison – for all claims relating to the sub-soil work, Taylor Morrison raises doubts about whether the release e¯ectively being provided...
2024.02.01 Demurrer to FAC 007
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...th leave to amend as to defendant Steven Thomas. Plainti¯ is given to February 23 in which to Þle and serve a second amended complaint. If it elects not to do so, Steven Thomas will be dismissed as a defendant, as the FAC's other cause of action is not asserted against him. Defendants request judicial notice of the FAC. The Court does not need judicial notice for a pleading in its own case docket. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COU...
2024.02.01 Motion for Summary Judgment 483
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...rd Code of Civil Procedure § 437c(o)(1) and (p)(2) provides the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant or cross-defendant has met his or her burden of showing that a cause o...
2024.02.01 Motion to Quash Service of Summons 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...orting to show service on November 8, 2023. The Þrst motion to quash (Line 10) is granted. As to the second motion (Line 11), plainti¯ and counsel to appear (Zoom okay) to discuss whether or not plainti¯ has belatedly complied with the requirement of mailing. This case arises from a car loan and repossession. In plainti¯'s c u r r e n t pleading, his Þrst amended complaint, there are only two defendants. Simple Cash Loans, Inc. (dba Monta...
2024.02.01 Motion for Protective Order 514
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...n clean and rentable condition. Defendants propounded routine written discovery to plainti¯, to which plainti¯ has not timely responded. This motion for a protective order does not dispute the content or form of the discovery. The motion contends only that “plainti¯” should be granted a protective order, of undeÞned duration, due to “plainti¯'s” inability to respond to discovery for medical reasons. “Plainti¯” is said to be...
2024.01.29 Motion for Trial Preference 264
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.29
Excerpt: ... and has health problems which could prejudice her interests in the litigation should preference not be granted. Defendant, Chateau Pleasant Hill dba Carlton Senior Living Pleasant Hill-Martinez (hereinafter “Carlton”), opposes the motion. Based on the evidence provided by plainti¯, the Court Þnds that preference is warranted. The Court grants the motion and will set trial date within 120 days. Code of Civil Procedure, § 36(a) states that...
2024.01.29 Motion for Summary Adjudication 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.29
Excerpt: ...arch 4, 1972,” and their eighth cause of action for Declaratory Relief. Plainti¯s' unopposed Request for Judicial Notice is granted. (Cal. Evid. Code § 452 (c), (d), (h).) Plainti¯s' motion for summary adjudication is denied for the reasons set forth below. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identiÞed as 3506 Echo Springs Road, in L...
2024.01.26 Demurrer, Motion to Strike 861
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.26
Excerpt: ...ing uncertain, ambiguous and unintelligible, and for failure to allege sufficient facts to state a claim. (Code Civ. Proc. SS 430.10(e) and 430.10(f).) For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants satisfy their meet and confer requirement regarding their demurrer in detailing their efforts in reaching out to Plaintiff's counsel on September 15, 2023, by email and September 29, 20...
2024.01.26 Demurrer to TAC 814
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.26
Excerpt: ...mended complaint by February 5, 2024. Defendant's time to answer shall run from that date. l. Requests for Judicial Notice In support of both the demurrer and moton to strike, defendant requests judicial notice of the February 24, 2021, Proposed Statement of Dec:ision in the underlying suit. The request is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/26...
2024.01.25 Motion for Final Approval of Class Action Settlement 538
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...emailed to corrected addresses, leaving 2 undeliverable. There have been no objections or requests for exclusion. The motion is granted, subject to clarification as to the proposed dates of payment (see below). Counsel are to appear (Zoom okay) to clear this point up. A. Background and Settlement Terms Defendant operates two car washes located in Concord and Fremont. Plaintiff has been employed there as a car washer since the mid-2000s. The origi...
2024.01.25 Demurrer, Motion to Strike 543
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...issolution of partnership) or seventh cause of action (declaratory relief). The Court notes that it does not appear that anpne in this case contends that there is any partnership to be dissolved, however, so count 3 may be moot. The Court further notes that the SAC as filed had two plaintiffs, namely Olivarez personally and JR National Floral Network, LLC (referred to by all parties as "JR LLC"). Plaintiff has since filed a dismissal with prejudi...
2024.01.25 Motion for Final Approval of Settlement 868
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ... packets were returned by the post office. Follow up resulted in 14 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant is a financial services company offering a variety of services. Plaintiff was employed there in a non-exempt offce position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were add...
2024.01.25 Petition for Coordination 310
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...ion petition, and recommends that the coordination proceedings be SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/25/2024 11 assigned to San Francisco Superior Court. Coordination All parties are in agreement that these cases are complex under California Rule of Court 3.502. They are likewise in unanimous agreement that these actions should be coordinated, proceeding ...
2024.01.25 Motion to Compel Arbitration 683
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...violation of Labor Code SS 1194 and 510; (3) violation of Labor Code S 2802; (4) violation of Labor Code S 226; (5) violation of Labor Code SS 201-204; (6) violation of Labor Code S 2598 et seq.; and (7) Business and Professions Code S 17200 et seq. Defendant moves pursuant to the Federal Arbitration Act to compel Plaintiff to submit all individual claims and non-representatve PAGA claims asserted in his FAC to arbitration. Defendant also moves o...
2024.01.24 Motion for Summary Judgment 261
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ...ic's separate statement does not comply with Cal. Rule of Court 3.1350(f)(2) because it does not contain a statement as to whether each UMF in Cutting Edge's Separate Statement is disputed or undisputed. The Court was able to determine, however, that Republic does not dispute any of Cutting Edge's relevant material facts by looking to both Republic's "Objections to Separate Statement" and its own separate statement. Cutting Edge's Request for Jud...
2024.01.24 Motion for Summary Judgment 025
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ... Construction Co. ("General Contractor") to perform masonry work at a residential construction project in Alamo (the "Project"). (Def. Separate Statement ("SS") of Undisputed Material Facts ("UMF") 5, 6, 8, 9, 62, 63, 65, 71.) Defendant Albert D. Seeno Construction Co., Inc. ("Manager") is the managing member of the General Contractor. (UMF 52, 66.) Dominguez alleges he was seriously injured when he fell from scaffolding while he was installing d...
2024.01.24 Motion for Partial Adjudication of Issues, to Compel Responses 287
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ... fifth cause of achon for violation of Labor Code section 2802 based on the Firm's alleged failure to reimburse expenses he claims he is owed. Plaintiff moves for summary adjudication of the fifth cause of action. The motion is not opposed. Legal Standards for Ruling on Defendant's Mohon for Summary Judgment Under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there i...
2024.01.24 Demurrer 025
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.24
Excerpt: ... complaint on August 15, 2023 alleging the following causes of action arising from her tenancy at an apartment complex located at 3400 Richmond Parkway, in Richmond: (1) tortious breach of the implied warranty of habitability; (2) breach of the covenant of quiet enjoyment; (3) contractual breach of the implied warranty of habitability; (4) breach of contract; (5) retaliation in violation of Civil Code secton 1942.5; (6) private nuisance; (7) prem...
2024.01.22 Petition for Writ of Mandate 305
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.22
Excerpt: ...lleges a violation of Government Code sections 65587 and 65751 based on the City's failure to adopt an updated Housing Element by the statutory deadline of January 31, 2023. (Petn. "1 2, 3, 16-19,25, 26, 33-37.) Petitioner is identified in the petition as "California Housing Defense Fund" ("Cal Housing' for convenience) which Petitioner alleges is "a California nonprofit public benefit corporation and 501(c)(3) public charity." (Petn. 5.) It alle...
2024.01.22 Demurrer 076
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.22
Excerpt: ..."Dr. Mbadikeobiora")'s Fifth Amended Complaint for (1) breach of contract (billing services agreement), (2) breach of contract (PCP agreement), (3) accounting, (4) breach of fiduciary duty, (5) aiding and abetting breach of fiduciary duty, (6) breach of implied covenant of good faith and fair dealing, (7) intentional and negligent misrepresentation, and (8) declaratory relief. Defendants demur to Plaintiff's causes of action for (2) breach of con...
2024.01.19 Demurrer 650
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.19
Excerpt: ..., (h).) Defendant's demurrer is sustained, without leave to amend. Summary of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the "Property"). In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice ("RJN"), Ex. A.) In October 2004, Plaintiff obtained a home equity line of cred...
2024.01.19 Demurrer 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.19
Excerpt: ...), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel 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.) A complaint must be "liberally construed" and a demurrer "overruled if any cause of acton is stated by the plaintiff." (A...
2024.01.19 Demurrer 109
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.19
Excerpt: ..., 1390.) "In 'public' or business property, liability has been allowed when there is something foreseeably dangerous about the nature of activity conducted on the property or the property itself which fixes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/19/2024 on the landowner the duty to take some sort of precaution." (Eric J. v. Betty M. (1999) 76 Cal.App.4th 7...
2024.01.18 Motion for Final Approval of Class Action Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...e administrator has mailed notices to 283 class members. After follow-up, no notices were non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plain...
2024.01.18 Demurrer to FAC 933
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ... solicited funds from him for purchase of Structured Assets. (ld. at 10.) According to Plaintiff, Defendant "represented to Plaintiff that Plaintiffs retirement funds would be loaned to individuals and in exchange the individuals would secure payment to Plaintiff from their monthly vested Federal Government Pension payments. Adao further advised Plaintiff that he could purchase options from a Performance Arbitrage company, Inc. SUPERIOR COURT OF ...
2024.01.18 Motion to Set Aside Entry of Default 643
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...a's motion is continued to that date to ascertain compliance. This is a lawsuit by plaintiff Nichols alleging defective home repair work. The contracts attached to the complaint are unclear as to whether the contracting entity was CalProHome or Bina personally, but it is uncontested that Bina was the principal of CalProHome. Bina, suing as "doing business as CalProHome", filed a small claims case against Nichols. ay order of SUPERIOR COURT OF CAL...
2024.01.18 Motion for Reconsideration 033
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ... to exercise its discretion to reconsider the prior arbitration ruling at this point, for two reasons. First, while plaintiff has accurately described the state of the law, the legal issue must be regarded as unsettled in light of the pending Supreme Court review. And second, it is unclear that it would make practical sense to reverse only part of the prior ruling at this juncture, in light of the pendency and progress in the arbitration proceedi...
2024.01.18 Motion for Summary Judgment 163
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...general negligence; (2) medical malpractice; and (3) premises liability. For the following reasons, the motion for summary judgment is denied. The alternative moton for summary adjudication is granted in part and denied in part. It is granted as to the premises liability claim (count 3), but denied as to the medical malpractice claim (counts 1 and 2, treated as a single claim). Legal Standard Code of Civil Procedure S 437c(o)(1) and provide the r...
2024.01.18 Motion to Compel Discovery Responses, for Monetary Sanctions 293
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...RNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/18/2024 5 All matters included in Atlantic Casualty's first set of requests for admissions (served on or about June 21, 2023) are deemed admitted. In its Order After Hearing, Atlantic Casualty should spell those matters out verbatim to avoid any ambiguity as to what is so deemed. Plaintiff is further ordered to serve complete responses, verifie...
2024.01.17 Motion for Summary Judgment 951
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...IA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 (925)508- 1127 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 01/17/2024 John Muir Health ("JMH") and John Muir Health Foundation, seeking compensation for the injuries she sustained from the fall. Legal Standards for Ruling on Defendant's Motion for Summary Judgment under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that...
2024.01.17 Motion for Summary Adjudication 105
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...egligence; (3) Negligent Misrepresentation; and (4) Negligence. A demurrer to the complaint was partially sustained and plaintiffs filed a First Amended Complaint ("FAC") with the same causes of action and substantially the same facts. Plaintiffs allege an oral contract by which they retained SDE to visually evaluate framing in the attic of a home they sought to purchase prior to closing escrow. (Index of Evidence in Support of Motion, Amended Co...
2024.01.17 Motion for Discovery to Compel Compliance with Subpoena, for Sanctions 810
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...party September 28, 2023. Non-party Brothers Smith opposes primarily on the basis that the motion to compel is untimely under Code of Civil Procedure 2025.480 and that plaintiff has not complied with the meet and confer requirement of Code of Civil Procedure 2016.040. For the reasons stated below, plaintiff's motion to compel is granted in part. The litigation in this matter has been going on for years. Plaintiff is the former spouse of defendant...
2024.01.17 Demurrer to TAC 721
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.17
Excerpt: ...he complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the 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...
2024.01.12 Motion for Summary Judgment 830
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.12
Excerpt: ...anufactured by Defendant Zero Motorcycles, Inc. (the "Motorcycle"). The form complaint alleges a cause of action for Products Liability— broken down into three counts: (1) strict liability — based on (i) manufacturing defect, (ii) design defect, and (iii) warning defect; (2) negligence; and (3) breach of warranty — implied and express written. The Complaint alleges that Defendant designed and manufactured the Motorcycle, and that it was bei...
2024.01.11 Demurrer to FAC 775
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ... to the first and eleventh causes of action. If plaintiff contests this tentatve to seek leave to amend those counts, he should come to the hearing prepared to discuss in detail how he proposes to amend, and how that will suffice. Because this is the first challenge to the complaint, plaintiff is given leave to amend as to all remaining causes of acton. Plaintiff shall file and serve any amended complaint by February 8, 2024. Should plaintiff ele...
2024.01.11 Demurrer 648
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...fficient to constitute a cause of action (Code of Civil Procedure S 430.10(e). They also demurrer to the second cause of action separately claiming that it "is not properly justiciable", without citing any statutory source for that basis of the demurrer. Cross-Defendants' demurrer is overruled for the reasons set forth below. Factual Allegations and Background This matter pertains to a property dispute between two neighbors. Plaintiffs own proper...
2024.01.11 Demurrer 498
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...he arbitration award (or this Court's order confirming it) operates as res judicata as such, because the claims and defendants involved were different from those now asserted in the SAC against Budde. However, may operate as collateral estoppel. Is there authority supporting or rejecting the argument that a confirmed arbitration award establishes collateral estoppel binding the losing party to all legal conclusions reached in the arbitration awar...
2024.01.11 Motion for Approval of PAGA Settlement 360
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...inistration costs, and representative payment. The moton is granted. A. Background of the Case and Terms of Settlement This is 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, and cascading SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/1...
2024.01.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 731
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...01/11/2024 31 supplemental declaration as stated herein. A. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a non-exempt employee from September 2016 to December 2020, although her job description is not provided. The original complaint was filed on April 12, 2021 as a class- action and PAGA case. The settlement would create a gross settlement fund of $285,000. The class representative payment...
2024.01.11 Motion for Summary Judgment 523
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ... defective design and installation of a fire suppression sprinkler system at the residence they built on their property located at 2 Crane Court, Orinda, California (the Property). Plaintiffs allege they engaged defendant and cross-complainant Advanced Automatic Sprinkler, Inc. to design and install the fire sprinkler system. Advanced filed a cross-complaint on January 27, 2022 and added Supreme Glass Company by Roe amendment as Roe No. 26. (UMF ...
2024.01.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 666
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...ts, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 68 class members. 3 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving none nondeliverable. No objections were received, and only one class member opted out. The motion is granted, with a modification. Background and Settlement Terms Defendant provides safety monitoring services for utility lines an...
2024.01.08 Motion for Leave to File SAC 386
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.08
Excerpt: ...ry 27, 2021, alleging one cause of action for negligence against defendant Nearon Enterprises. Nearon is the owner of a building where Plaintiff worked when she alleges she was locked in a bathroom. She asserts a claim for personal injuries she alleges she suffered trying to obtain help and escape the bathroom. Nearon filed its initial cross-complaint against Schlage Lock Company LLC for indemnity, contribution and declaratory relief on May 26, 2...
2024.01.04 Motion for Final Approval of Class Action Settlement 646
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.04
Excerpt: ...y logistical history since then. The parties missed their originally scheduled date for final approval in February 2023. The notice to the class was sent, but it was discovered that it had been sent to an overbroad list including salaried employees. This required a stipulation to send out corrective notices. The parties then found themselves in a Catch-22 where they couldn't send the notices until they had a hearing date for final approval, but t...
2024.01.03 Motion for Summary Judgment 181
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.03
Excerpt: ...e motion is denied, as discussed below. Relevant Background Plaintiffs are a group of landowners who contend they are entitled to reformation of their deeds because their deeds do not include certain adjacent land that should have been included. Two of the plaintiffs, Greg and Jennifer Jerum, purchased 523 Santa Fe Avenue, Richmond, from the moving defendant, First Group, in March of 2018. (Separate Statement of undisputed Material Facts, hereina...
2024.01.03 Demurrer to Complaint 395
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.03
Excerpt: ...d. Overview of Complaint Plaintiff Emeziem & Others is a law firm that represented seven individuals — Melondy Spears, Candace Spears, Kela Spears, Olajuwon Spears, Shante Ray Jackson, Lashanda Ray, and Latondiwe Hasty (collectively, the "Beneficiaries"), in a Wills and Trust case filed in Contra Costa County (Case no. P21-00824). (q 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries — Willie L S...
2024.01.03 Application for Writ of Possession 519
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.01.03
Excerpt: ...a notice of application and hearing; and (3) a copy of the application and any affidavit in support thereof. (CCP S 512.030.) The file reflects service of the summons, complaint, notice of application, and application upon Defendants Amandeep Singh and NAVI Transport, Inc.. As a result, the court addresses the merits of the applications. Pursuant to CCP section 512.010(b), the application must be submitted under oath and include: (1) Plaintiffs b...
2023.12.29 Motion for Judgment on the Pleadings 370
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ...oster care system when he was abused at facility (Tahoe Turning Point) where he was placed by the County as his legal custodian. (Compl. Intro„ 2, 3.) He alleges that between 1998 and 2000 when he was in foster care at the facility, a staff member of the facility sexually abused him multiple times. (Compl. 25-27.) He alleges that the defendants knew or should have known about the perpetrator's unfitness for his position and his sexual misconduc...
2023.12.29 Demurrer to SAC 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ... without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the "Property"). The operative Second Amended Complaint (SAC) was filed on July 18, 2023. It sets forth two causes of action against the Moving Defendants: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18...
2023.12.29 Motion for Leave to File TAC 830
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ...4U and Defendant Jeffery Lee Klaus (collectively, "Defendants"). Plaintiffs also seek to dismiss a settled party, Defendant Suretec Insurance Company, and the Ninth Cause of Acton for Recovery of Contractor's Bond. Defendants oppose the motion on several grounds: delay, prejudice, failure to state a cause of action, statute of limitations, and substantive challenges to the cause of action for fraud. For the following reasons, the motion is grante...
2023.12.29 Motion for Summary Adjudication 919
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ... adjudication of the second affirmative defense to the cross complaint is treated as a moton for judgment on the pleadings and granted with leave to amend. Summary judgment is denied. Background This is an action for breach of contract arising from a home equity line of credit extended to Stephenses by National City Bank and secured by a second position Deed of Trust to their former residence at 2418 Santa Cruz Court, Byron, CA 94514. (undisputed...
2023.12.29 Motion to Stay 634
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ...t Bell, Defendant Moreno began to make sexual remarks towards Plaintiff. This escalated to the point where, on December 10, 2022, Defendant Moreno physically assaulted Plaintiff and told her he wanted to have sex with her—on Bell grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/29/2023 on or about December 11, 2022, Plaintiff attended a meeting, accompani...
2023.12.22 Motion for Leave to File FAC 452
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.22
Excerpt: ..., brought by Plaintiff against Defendant Complete Solar, Inc. ("Complete" or "Defendant"). Complete is in the business of installing solar systems on residential and business buildings. In November 2020, GNR and Complete entered into a contract wherein GNR would sell solar energy systems to consumers on behalf of Complete in return for a commission paid to GNR for each system sold. In other words, GNR would do the groundwork for the sale, and Com...
2023.12.22 Application for Stay of Writ of Execution 779
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.22
Excerpt: ...each of the covenant of good faith and fair dealing. This resulted in a jury award of damages which was later reduced in the Final Judgment. The jury awarded $5,000 in punitive damages. Judge Baskin issued a statement of decision on September 7, 2022 and entered Final Judgment on September 16, 2022. The Judgment mandated the sale of the real property underlying parties' dispute unless plaintiff could buy out the defendants. It also let stand an a...
2023.12.18 Motion to Transfer Venue 394
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
Excerpt: ...s indicated below. Factual Summary On or about September 28, 2016 Plaintiff leased two storage units from Security Public Storage — Hapvard ("SPS — Hayward"), located at 24873 Huntwood Ave., Hayward, California. (9 4, Ex. 1.) In approximately February 2019, Plaintiff began noticing rat droppings, food and candy wrappers, and dead rats within her storage units. (910-14.) Plaintiff's property stored within the units was damaged by the rodents, ...
2023.12.18 Motion to Quash Service of Summons 135
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
Excerpt: ...he grounds that he is a resident of Maryland. Plaintiff opposes on the grounds that the Court has specific personal jurisdiction over Gawad. 17 For the following reasons, the motion to quash is granted. Request for Judicial Notice Plaintiff requests judicial notice of documents from the California Secretary of State, a printout from the Maryland Bar Association website, and a printout from the LinkedIn website. The request is unopposed. The reque...
2023.12.18 Demurrers to TAC 535
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
Excerpt: ...atus of the Probate Proceeding and its implications for this case on or before March 11, 2024. Background Plaintiff Jnbud Dawod Hadu ("Hadu" or "Plaintiff") alleges she is the "successor in interest" of her sister Sabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Third Amended Complaint ("3AC") 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP S 377.32" in support of Plaintiff's alleged standing. Plaintiff a...
2023.12.18 Demurrer to FAC 916
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
Excerpt: ...d serve a second amended complaint. 2 Background This is a legal malpractice action. Plaintiff is Security Offcers & Investigations LLC (Sol). Defendants are Bradley Kass, an Individual (Kass), The Estate of Bradley Kass and Richard Kass as Executor of the Estate of Bradley Kass (the Estate), and (4) Kass & Kass Law Offices (the Firm). Sol's malpractice claim arises from the Firm's representation SOI in an underlying trial and appeal in Dodson v....
2023.12.15 Motion to Quash Service of Summons, to Compel Arbitration and Stay Proceedings 074
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.15
Excerpt: ...iff which allegedly had undisclosed structural damage. Defendant contends that the Court should quash the service of summons because Plaintiff failed to serve the summons in accordance with statutory requirements. Statutory Requirements of Service Code Civ. Proc., S 416.90 provides that "[a] summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person orto a pers...
2023.12.15 Motion to Dismiss Complaint 992
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.15
Excerpt: ...tion to dismiss as a motion for judgment on the pleadings. A defendant may make a motion for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP S 438(c)(1)(B)(ii); Prickett v Bonnier Corp. (2020) 55 Cal.App.5th 891, 896.) Moreover, a court may grant a motion for judgment on the pleadings where a party lacks standing to bring the suit. A plaintiff...
2023.12.15 Demurrers 140
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.15
Excerpt: ... notice. (Donabedian v. Mercury Ins. Co. (2004) 115 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Courts (1984) 153 Cal.App.3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) The only issue a demurrer is concerned with is whether the complaint, as it stands, states a caus...
2023.12.15 Demurrer, Motion to Strike TAC 760
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.15
Excerpt: ...r defendant USAA General Indemnity Company ("USAA") and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring based on a claim under their homeowners' policy made in February 2016. (3AC 9, 10, 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA cwer the replacement flooring installed based on that insurance claim. (3AC 14-27.) Plaintiff...
2023.12.15 Demurrer 837
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.15
Excerpt: ...n January 5, 2024. The Complaint The complaint is six pages long and asserts two causes of action: for breach of an oral contract and for unjust enrichment. Plaintiff Orison alleges as follows. In 2011, Orison and Palecek entered into an oral agreement (the "Agreement") providing that Orison would serve as Palecek's independent sales representative to promote the sale of its products and solicit orders from customers and potential customers in a ...
2023.12.15 Demurrer 760
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.15
Excerpt: ... are suing their homeowners insurance carrier defendant USAA General Indemnity Company ("USAA and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring after they made a claim under Plaintiffs' homeowners' policy in 2016. (3AC 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA over the replacement flooring installed based on that insur...
2023.12.14 Motion to Determine Right to Discharge Water 434
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.14
Excerpt: ...ion. Plaintiff's motion is denied. As the Court will explain, Plaintiff's argument skips a step and cannot establish as a matter of law that defendants have no right to discharge storm water into the Park because they have no easement. Procedural Objections The Court rejects Defendants' objections. They are contrary to the express directions of the Court at pretrial conferences. Defendants point out that in seeking a ruling on what Plaintiff cont...
2023.12.14 Motion to Compel Further Responses 432
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.14
Excerpt: ...tz. He first argues, with no citation to authority or other rationale, that discovery must be strictly limited to the issue of class certification. Who says so? First, the complaint includes non-class claims. Second, even if class certification were denied or abandoned, there would remain individual and representative claims to litigate. And in any event, this case has now been pending for over three years. If the parties have not gotten started ...
2023.12.13 Motion for Summary Judgment, Adjudication 530
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.12.13
Excerpt: ...ARTMENT 21 (925)608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/13/2023 Plaintiff James Grimes worked for westcat since approximately October 2009. (UMF 1.) Effective February 14, 2022, WestCat implemented a COVID-19 Vaccination Policy (the "Policy") that required all WestCat employees to either: (1) provide a medical or religious exemption to the COVID-19 vaccination requirement ("Exemption Form") by February 28, 2022; or (2) provide p...
2023.12.13 Demurrer to SAC 085
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.12.13
Excerpt: ...general demurrer to the first cause of action for failure to state facts suffcient to state that causes of action against Duggan — sustained, without leave to amend; and (c) Duggan's general demurrers to second, third and fourth causes of action and Districts general demurrers to all causes of action for failure to state facts sufficient to state those causes of action - overruled. Background Plaintiff began her employment with defendant San Ra...
2023.12.13 Demurrer 459
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.12.13
Excerpt: ...ung, filed suit as a qui tam plaintiff, alleging violations of the California False Claims Act (also "CFCA") and violations of the unfair Competition Law. After an initial demurrer was sustained, she filed the FAC, abandoning the LICL claim and only alleging false claims. On behalf of the City of Walnut Creek and the State of California (collectively, "Government Plaintiffs"), plaintiff alleges defendants "knowingly concealed and decreased their ...
2023.12.11 Motion to Strike Anti-SLAPP Motion to Strike 100
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
Excerpt: ...The complaint was personally served on defendant Lisa Johnson on September25, 2023. On October 23, 2023, Johnson brought the current motion. Johnson argues the action is a SLAPP, in other words a strategic lawsuit against public participation—a suit arising from defendant's acts in furtherance of her right of petition or free speech. Johnson supports the motion with her own declaration. Johnson states plaintiff is her ex-husband and father of h...
2023.12.11 Motion to Dismiss or Stay Action Based on Contractual Forum 210
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
Excerpt: ...ngs. For his breach of contract cause of action he asserts that he made an agreement with AmaWaterways on April 8, 2022, and a copy of the agreement is attached as Exhibit A to the complaint. Exhibit A is a guest invoice, and one page of an apparent several page contract. AmaWaterways asserts that Mr. Orvis is a retired attorney. AmaWaterways contends that the full contract includes a mandatory forum provision, stating that Basel, Switzerland was...
2023.12.11 Motion to Designate Vexatious Litigant, Furnish Security, Request for Issuance of Prefiling Order 767
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
Excerpt: ... right to appear at the scheduled hearing on the motion, make oral argument, and present evidence. (Code Civ. Proc. S 391.2; Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 225.) For the reasons set forth, the Court's tentative ruling is as follows: (1) the motion is granted in part insofar as it seeks (a) an order designating Plaintiff Malaya Taylor Keys a vexatous litigant under Code of Civil Procedure section 391(b)(1), and (b) a prefiling order pro...
2023.12.11 Motion to Amend Judgment 274
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
Excerpt: ...end the judgment to add Matrai's former spouse, Michele Uriarte, as an alter ego judgment debtor under CCP section 187.1. Brar contends that Uriarte is in possession of funds belonging Goodwood Properties which could be used to satisfy the judgment. Plaintiff applied for an order of third- 18 party examination of Uriarte to answer concerning property of the judgment debtors in her possession or control but was unable to serve Uriarte with the ord...
2023.12.11 Motion for Relief from Amended Judgment 184
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
Excerpt: ...ended interlocutory judgment for partition, regarding a single-family residence. At the time of the interlocutory judgment, the owners of the fee simple interest in the property were Plaintiff 50% and Defendant 50%. Subsequent to the interlocutory order, Defendant Mattie B. Edwards passed away. Thereafter, Odette Crawford moved to substitute the Estate of the Decedent in place of Deceased Defendant pursuant to CCP S 377.32. The Court granted the ...
2023.12.11 Demurrer 000
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
Excerpt: ...t all times relevant" she was an employee of Lyft, Inc. and "a beneficiary under an insurance policy" purchased by Lyftfrom Allstate. (Compl. '12.) She alleges an actual controversy has arisen under the insurance policy as to the rights of Plaintiff and Allstate in that she contends she is entitled to benefits under Lyft's policy based on an accident that occurred on November 7, 2021 on the 1-80 freeway. (Comp'. 3.) Standards Governing Demurrer I...
2023.12.08 Demurrer to FAC 029
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.08
Excerpt: ...en Accounts; and (4) Common Counts — For Work and Labor Furnished. Defendants' demurrer to the whole complaint on the ground that it fails to state facts sufficient to constitute a cause of acton (Cal. Code Civ. Proc. S 430.10(e). They also demurrer to the second cause of action separately claiming that the failure to record and serve a Notice of Pendency of Action (Lis Pendens) as required by Civil Code S 8461 renders the recorded Mechanic's L...
2023.12.08 Demurrer to Petition for Writ of Administrative Mandate 552
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.08
Excerpt: ...ins and Petitioner Collins (collectively, "Petitioners)'s writ of mandate requesting that Respondents vacate the August 20, 2021 coroner decision ruling Angelo Quinto's death an "accident" and amend the record to rule his death a "homicide." Respondents demur to Petitioners' writ pursuant to CCP SS 430.10(e) 430.50(a) on the grounds that Petitioners lack standing to sue pursuant to CCP S 1086, that issuance of a writ will not grant any effectual ...
2023.12.08 Motion for Judgment on the Pleadings 589
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.08
Excerpt: ...0865, which was consolidated with the present matter for all purposes on September 18, 2023. The Oliva Complaint was filed on April 21, 2022, and alleges three causes of achon against Defendants: (1) general negligence, (2) premises liability, and (3) res ipsa loquitor. Defendant moves for judgment on the pleadings as to the entire complaint, contending that each of the causes of action are barred by the applicable statute of limitations. Defenda...
2023.12.08 Motion for Summary Judgment 302
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.08
Excerpt: ...ound and Mohon Plaintiffs, Sabrine Finau and her husband Soli Finau, filed their complaint on February 18, 2021. They allege that on February 23, 2019, 45-year old Sabrine Finau attended a cross fit class on the premises of Grace Bible Fellowship Church of Antioch ("Church"). The cross fit class, parties agree, did not offer what the "CrossFit" brand offers, but rather the term was used to mean "fitness training." Ms. Finau was an invited guest o...
2023.12.08 Motion to Amend Complaint 692
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.08
Excerpt: ... Fernandes and Andrew Fernandes), to add a cause of action for aiding and abetting breach of fiduciary duty and an equitable claim for imposition of constructive trust against Cross-Defendant Viramontes, and to remove copyright claims that must be brought in federal court. Cross-Defendants oppose the motion on several grounds. For the following reasons, the motion is granted. Analysis Code of Civil Procedure S 473(a)(1) provdes the Court discreti...
2023.12.08 Motion to Set Aside Default, Judgment 611
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.08
Excerpt: ...n April 21, 2023. As such, any response was due on or before May 22, 2023. On May 15, 2023, Defendant filed a motion to extend time to respond to the Complaint. The Court granted this request, holding the Defendant "may have until August 24, 2023, to answer in this SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/08/2023 matter." The Court also made clear that "No f...
2023.12.07 Motion to Expunge Lis Pendens, for Sanctions 403
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ...by Plaintiff Praveen Gupta. For the follow-ng reasons, the Mohon is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 12/07/2023 26 Legal standard lis pendens is recorded by someone asserting a real property claim, to give notice that a lawsuit has been filed which may, if that person prevails, affect title to or possession of the real property described in the no...
2023.12.07 Motion to Determine Prevailing Party, for Attorney Fees 938
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ...in addition to whatever other costs it may be entitled to. Background and Substance of the Case Plaintiff filed this lawsuit against two residents to compel them to correct a number of what plaintiff said were violations of the HOA rules concerning defendants' unit and common areas. To make a long story short, after some litigation and extensive discussion, plaintiff now acknowledges that defendants have taken all the corrective actions that plai...
2023.12.07 Motion to Compel Arbitration and Dismiss Class Claims 825
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ... action. The other, No. C23-01484, is filed as a PAGA-only case, but asserts essentially the same set of violations of the law. In both cases, defendants bring substantially the same motion to compel arbitration, based on an arbitration agreement found in Wynn's employment contract. (See Line 12.) Although the two motons would call for slightly different treatment if they were to be granted, they raise essentially the same issues; the parties' ar...
2023.12.07 Demurrer, Motion to Strike 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ... by unspecified forms of cyber harassment and traumatization by agents of the Chinese government on account of plaintiffs' political opposition to the Chinese regime. The events giving rise to this complaint occurred in June 2020. Plaintiff Yue Ma admitted herself to an emergency psychiatric facility in Santa Clara County for trauma allegedly induced by the repressive acts of the Chinese government. She was transferred to John Muir Health Behavio...
2023.12.07 Demurrer 818
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ...twice during each calendar month, on days designated in advance by the employer as the regular paydays." Defendant demurs. The demurrer is overruled. Defendant is given 28 days in which to file and serve its answer. Demurrer Standards "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 1413, 1420. A complaint "is sufficient if it alleges ultimate...
2023.12.06 Motion to File First Amended General Denial 926
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.12.06
Excerpt: ...s shall file their first amended general denial by no later than December 15, 2023. Background This case involves a neighbor dispute over the removal of plants along a fence between Plaintiffs' and Defendants' residences. Plaintiffs Shannon Coccimiglio and Nicholas Coccimiglio ("Coccimiglios") filed a complaint for trespass and other relief against James Watt and Kathryn Watt ("Watts") on May 4, 2022. The Watts filed an answer consisting of a gen...
2023.12.06 Demurrer to FACC 374
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.12.06
Excerpt: ...ovenant of Good Faith and Fair Dealing; (5) Breach of Fiduciary Duty; (6) Negligence; (7) Negligent Misrepresentation; (8) False Promise; (9) Rescission of Contract; (10) Violation of Bus. & Prof. Code S 17200 et seq.; (11) Quantum Meruit — For Work, Labor and Services; (12) Quantum Meruit— For Money Due on an Open Book Account; and (13) Account Stated. M&S, Inc. demurrers to each of the nine causes of action alleged against it (all except Co...
2023.12.04 Motion to Set Aside Defaults 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.04
Excerpt: ...to CCP section 473(b) are granted. Pipia's motion to quash service of the summons and cross complaint is denied. Cross Defendants shall answer the cross-complaint no later than December 15, 2023. 5 Background This is a debt collection case filed by LVNV Funding, LLC (LVNV) against Defendant Mark T. Walker on March 22, 2023. Walker answered on May 2, 2023, at which time Walker also filed a putative class acton cross-complaint against Mandarich Law...
2023.12.04 Motion to Seal 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.04
Excerpt: ...rovide such services. After a dispute arose between the Parties, Curia initiated arbitration related to the dispute. Curia ended up prevailing at the arbitration. Curia then moved to have the Court confirm the arbitration award. The instant motion to seal relates to portions of the motion to confirm, along with statements made in documents related to the underlying arbitration, including in the demand for arbitration and the partial final award. ...
2023.12.04 Motion to Lift Stay and Remand Case to Superior Court, for Monetary Sanctions 264
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.04
Excerpt: ...21. Factual and Procedural Background In August 2022 following shoulder surgery, plaintiff Nancy Lowenstein was admitted to Legacy Post Acute Care, a skilled nursing facility operated by defendant Sycamore Healthcare Associates (hereinafter "Legacy"). Plaintiff alleges Legacy withheld care and failed to prevent her from developing serious pressure sores while in Legacy's care. One sore, located on plaintiff's heel, reached her bone and Achilles t...

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