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2023.12.04 Demurrer 816
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.04
Excerpt: ...lings. On or about December 16, 2018 their mother, Dolores Murray, passed away. Plaintiff, Rosemary, and their brother John were all beneficiaries in a trust created by their mother, to which virtually all her property and assets were transferred upon death. Upon Dolores' death, Rosemary became the successor trustee. One of Dolores' primary assets was a house located in San Francisco, which was transferred into the trust. After Rosemary became tr...
2023.12.04 Demurrer 199
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.04
Excerpt: ...pany") to perform construction work on her home. She alleges the work was defective. She asserts in a judicial council form complaint two causes of action for negligence and breach of contract against both the Company and Jeffrey Klaus. Defendant Klaus generally demurs to both causes of acton. Standards Governing Demurrer In ruling on the demurrer, the Court must accept as true all well- pled factual allegations of the complaint, but not legal or...
2023.12.01 Motion to Strike SAC 687
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.01
Excerpt: ...light). Defendant's motion argues that this suit is a SLAPP (strategic lawsuit against public participation) because (1) defendant's statements / conduct was "in furtherance of [her] right of petition or free speech under the united States Constitution or the California Constitution in connection with a public issue," and because (2) plaintiff cannot establish a probability of prevailing. (Code Civ. Proc., S 425.16 (b)(l).) Specifically, defendan...
2023.12.01 Motion for Summary Judgment 619
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.01
Excerpt: ... fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property, including slate stone, wooden steps, two retaining walls,...
2023.12.01 Motion for Summary Judgment 588
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.01
Excerpt: ... show SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/01/2023 they are entitled to judgment as a matter of law. As a result, the burden does not shift to plaintiff to provide any admissible evidence that would give rise to a dispute of material fact. Background The complaint alleges that plaintiff Muang Saechao was injured when her vehicle struck the vehicle of def...
2023.12.01 Motion for Summary Judgment 277
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.01
Excerpt: .... Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to be a 2018 Isuzu pickup truck, California License Number 23050M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action against Ryder: (1) Motor Vehicle and (2) General Negligence. On February 26, 2021, a "Doe Amendment" was filed naming BSP Shipping, Inc. and Restaurant Cheetah Group, Inc. as Dæs 26 ...
2023.12.01 Motion for Summary Adjudication 132
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.01
Excerpt: ...om breach of a vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wntrust") seeks a deficiency judgment after selling the vehicle. Wintrust provides a declaration from its Vice President of Asset Management, with and control of its business records of the subject account, who states that the records show that Defendant Hassan AlJanaby entered into a written motor vehicle lease agreement with Wintrust's assignor for the use of a 2017 Cadi...
2023.12.01 Demurrer 121
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.01
Excerpt: ...Whittley are the parents of a deceased minor Antoine Whittley (the "Minor"). (Amended Complaint ("FAC') 1.) The FACalleges three causes of action against yft for negligence, negligent hiring, retention or supervision, and wrongful death arising out ofa ride given to the Minor on February 10, 2021. (FAC '1 5.) Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of the...
2023.11.22 Motion to File First Amended General Denial 926
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.22
Excerpt: ...ration in support of the motion that addresses the requirements of California Rule of Court Rule 3.1324(b). Plaintiffs may, but are not required to, file a response to Defendants' supplemental pleading by December 1, 2023. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/22/2023 This case involves a neighbor dispute over the removal of plants an...
2023.11.16 Motion for Summary Judgment 293
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.16
Excerpt: ...ral negligence, and her third cause of action for premises liability. Accordingly, summary judgment is also denied. The trial date previously set in Department 36 is no longer available because that Department is vacant. The trial date and all related dates are vacated, and the case is set for Case Management Conference and trial-setting in Department 12 on December 19, 2023 at 8:30 a.m. l. Background This is a wrongful death action. Plaintiff Re...
2023.11.16 Demurrer, Motion to Strike 679
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.16
Excerpt: ... to file and serve a first amended complaint. In the event that he elects not to amend, FPI is given to January 5, 2024 in which to answer the surviving counts of the complaint. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of aw." (Holiday Matinee, Inc. v. Rambus, Inc. (2Cu) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if alleges ultimate rather than evidentiary facts" (Doe v. City ...
2023.11.15 Demurrer to SAC 085
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.15
Excerpt: ...CIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 briefing on the exhaustion of administrative remedies issues as follows: A. By no later than 2:00 p.m. on November 22, 2023, Plaintiff shall file and serve a supplemental brief addressing the following issues: Issue One: Why the Court should not find that Plaintiffs claims against Chief John Duggan are barred based on Plaintiffs naming Duggan as a defendant in her first amended complaint filed ...
2023.11.15 Motion for Summary Adjudication 945
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.15
Excerpt: ...nd defendant Erick Chavez entered into a written joint venture agreement ("JV Agreement") on 26, 2018, pursuant to which defendant was to propose which property to purchase and was to provide plaintiff with a full written analysis of each property that his company to purchase. (Separate Statement of undisputed Material Facts, "SSUMF," Fact Nos. 1-2.) Defendant was to coordinate "including, but not limited to, handling everything except providing ...
2023.11.15 Motion for Summary Judgment, Adjudication 085
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.15
Excerpt: ...aintiff's Additional Material Facts in Dispute and Supporting Evidence ("AMF") 1.) Plaintiff hit an "old style" upside down gate pot lid owned by Defendant East Bay Municipal utility District (EBMUD). (AMF 3.) A gate pot lid provides access to gate valves under the street. (AMF 5.) An "old school" or "old style" gate pot lid is a solid metal gate pot lid that cannot be secured in place with a screw as newer utility covers can. (AMF 6, 33.) Plaint...
2023.11.15 Motion to Set Aside Default, Judgment 727
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.15
Excerpt: ...ary 23, 2023 indicates that Defendant Barret Burkett was personally served on February 17, 2023. On March 23, 2023, Plaintiff requested entry of default, which was entered that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 same date. on April 12, 2023, Plaintiff filed a request for court judgment. The prove-up hearing on the motion was scheduled...
2023.11.15 Special Motion to Strike 298
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.15
Excerpt: ...ckground On May 31, 2023, Plaintiff filed her Complaint for Breach of Contract, Negligence, Unfair Competition, and Negligent Misrepresentation against Defendant Golden State Inspections, Inc. Plaintiff asserts that she and Defendant entered into a written contract in 2017, whereby Plaintiff paid Defendant to inspect the real property to determine whether any material defects existed or needed further investigation prior to Plaintiff's purchase o...
2023.11.15 Motion to Quash Service of Summons and Dismiss Complaint 655
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.15
Excerpt: ...ek (Sued as Doe 41) ("Defendant" or "Kubitschek")'s Motion to Quash Service of Summons and Complaint ("Motion"). The Motion is opposed by Plaintiff Christopher T. Willis ("Plaintiff' or "Willis"). For the followng reasons, Defendant's Motion is denied. Factual Allegations and Procedural History Plaintiff is the owner of real property located at 113 Canon Drive, Orinda, California. (Willis Decl. 93.) Plaintiff originally purchased the lot in 2010....
2023.11.13 Motion to Set Aside Default 461
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.13
Excerpt: ...ysis This action was filed on July 18, 2022. Default was entered against Defendants on November 17, 2022. CCP S473(b) Defendants seek relief under the mandatory provisions of CCP S 473(b). Applications under CCP S473(b) must "be made within a reasonable time, in no case exceeding six SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/13/2023 months, after the judgment...
2023.11.13 Motion for Summary Judgment 619
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.13
Excerpt: ...ble evidence that would give rise to a dispute of material fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property,...
2023.11.13 Demurrers to FAC, Motion to Strike 668
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.11.13
Excerpt: ... amend, and the demurrer to the fourth cause of action is overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the surviving heir and/or dependent" of Dorothy Marshall, the decedent, "and/or as personal representative and successor in interest" of Dorothy Marshall. (FAC 2.) Plaintiff filed her original complaint on December 23, 2021. The FAC alleges three causes of action for professional medical negligence (1st...
2023.11.13 Demurrer 266
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.13
Excerpt: ...(2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K HEARING DATE: 11/13/2023 noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For purposes of ruling on a demurrer, all fa...
2023.11.09 Motion for Final Approval of Class Action and PAGA Settlement 118
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.09
Excerpt: ...e returned by the post offce. Follow up resulted in 12 new addresses, leaving 5 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates a number of addiction treatment clinics. Plaintiff was employed there as a nonexempt employee. The original complaint was filed on June 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement will crea...
2023.11.09 Demurrer 582
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.09
Excerpt: ...rmanent injunction. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/09/2023 5 Defendants demur to all Plaintiffs' causes of action for pursuant to Code of Civil Procedure S 430.10(e) on several grounds. For the follow-ng reasons, the Demurrer is overruled. Defendants are given to December 8 in which to file and serve their answer. Legal Standard "The function of a dem...
2023.11.09 Demurrer 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.09
Excerpt: ...er is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2W4) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2W7) 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 [thel defendant with the n...
2023.11.08 Demurrer 834
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.08
Excerpt: ...nt to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend as to the causes of action for motor vehicle negligence and products liability and without leave to amend as to the cause of action for general negligence. 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. (20...
2023.11.08 Demurrer 399
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.08
Excerpt: ...rack" based on the conservatorship filings submitted by Plaintiff) alleges a single cause of action for negligent hiring, training, and supervision against Monte Nido, a residential care facility. (FAC 2.) Plaintiff was diagnosed with bi-polar disorder and bulimia and was admitted to Monte Nido on June 21, 2021 for further treatment of her condition. (FAC "1 6, 7.) She alleges Monte Nido was provided a "clinical packet" including information abou...
2023.11.08 Motion for Summary Judgment 381
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.08
Excerpt: ...judgment of Claim One as to defendant Cen Cal Insurance Services, LLC, denied; motion for summary adjudication of Issue One as to Cen Cal Insurance Services, LLC is granted; motion for summary judgment of Claim Two and moton for summary adjudication of Issues Two and Three as to defendant Zuman Acquisition, LLC are denied. Background Plaintiff Plaza San Ramon LLC ("Lessor" or "Plaza") is the lessor of commercial real property in San Ramon by an a...
2023.11.08 Demurrer 936
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.08
Excerpt: ...er 20, 2023. I. Factual Background Plaintiffs, Rani Devi and Ritesh Kamal, allege they checked in at Extended Stay America, a hotel owned and operated by defendants, on or about September 13, 2020, and on or about September 14, they began experiencing an itching sensation. (Complaint, "5- 7, 15-16.) Plaintiff Devi soon began to develop a rash which they later discovered was due to a bedbug infestation in their hotel room, which plaintiffs reporte...
2023.11.08 Motion for Summary Judgment 515
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.08
Excerpt: ...2(d).) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/08/2023 For the following reasons, the MS] is granted. Factual Background The Complaint alleges that Plaintiff was injured on December 19, 2019 due to a traffic accident that occurred in Antic„ch, California. Defendant Michelle Palacios is alleged to have been driving the car owned by Defendant Alex...
2023.11.06 Motion to Declare Vexatious Litigant 730
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.11.06
Excerpt: ...Procedure S 391 et seq. Plaintiff opposes the motion. For the following reasons, the motion is granted with respect to declaring Plaintiff a vexatious litgant. Defendant's request that Plaintiff post a security is also granted. Plaintiff is to post a security of $11,000. This matter is stayed pending payment ofthe security or "until 10 days after the required security has been furnished and the moving defendant given written notice thereof." (Cal...
2023.11.06 Motion for Summary Judgment 277
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.06
Excerpt: ...evard exit in Walnut Creek, California. Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/06/2023 be a 2018 Isuzu pickup truck, California License Number 23060M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action agains...
2023.11.06 Motion for Summary Judgment 000
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.11.06
Excerpt: ...granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. 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 ...
2023.11.06 Motion for Preliminary Injunction Pending Resolution of Litigation 769
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.06
Excerpt: ...is case against defendant, Michael Dobbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for (1) breach of written contract, (2) breach of oral contract, (3) conversion, (4) money had and received, (5) unjust enrichment, and (5) intentional interference with contractual relations. Among the requested remedies, plaintiff seeks injunctive relief regarding who is entitled to possess the property at issue he...
2023.11.06 Demurrers 770
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.06
Excerpt: ...d alleging that Etienne created a fraudulent quitclaim deed, forging Plaintiff's signature, which Etienne then used to transfer Plaintiff's interest in real property unbeknownst to Plaintiff. The original complaint contained causes of action for slander of title, quiet title and declaratory relief. (See April 19, 2021 Complaint.) Six months later, Plaintiff filed an amended complaint setting forth the same factual allegations and claims against E...
2023.11.06 Demurrer to TAC 410
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.06
Excerpt: ..., wherein plaintiff articulates such facts. Background Plaintiff alleges that, while she was a high school student at Harry Ells High School, between approximately 1974-1975, she was sexually abused and assaulted by a teacher who was employed by West Contra Costa Unified School District ("District"). (TAC, "17-19.) These assaults occurred approximately once or twice weekly for a year, both at school in the classroom and at the perpetrator's apart...
2023.11.06 Demurrer to SAC 699
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.11.06
Excerpt: ... farmers and members of PCFMA since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their vegetable display tables under their tents. Plai...
2023.11.06 Demurrer 645
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.11.06
Excerpt: ...dants: (1) intentional interference with ex#cted inheritance; (2) financial elder abuse; (3) aiding and abetting financial elder abuse; and (4) imposition of constructive trust and accounting. Defendants demurrer to causes of action 1, 2, and 4. Meet and Confer Requirement Before filing a demurrer, the "demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer...." (Cal. ...
2023.11.06 Demurrer 196
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.11.06
Excerpt: ... under the pseudonym "C.W.," was a student at Kensington Elementary School in West Contra Costa Unified School District ("District"). (SAC, "11-2.) Plaintiff alleges that from approximately 1971 to 1973, plaintiff suffered the sexual assault and abuse of his special education teacher, who was employed by the District. (SAC, 919.) The acts of sexual abuse and assault took place in the classroom and at a local riding and gun club. (SAC, 919.) Plain...
2023.11.02 Motion for Approval of PAGA Settlement 363
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ... their attorney's fees, litigation costs, administration costs, and representative payments. The motion is granted. A. Background of the Case and Terms of Settlement 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, and cascading derivative violations. This case was first filed on February 23, 2021 as a class acti...
2023.11.02 Demurrer to FAC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 11 Medical care as to FAC in its entirety and all causes of action — sustained with leave to amend; (b) additionally and/or alternatively, general demurrers to FAC in its entirety and all causes of action by Tele Care and Medical Care based on failure to allege facts as to employer status in light of Exhibits A and B to FAC Exhibit 1— sustai...
2023.11.02 Demurrer, Motion to Strike 817
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...y November 27, 2023. This is a lawsuit between two former cohabitants, previously inwlved romantically and otherwise with each other; the female plaintiff is substantially younger than the male defendant. The male party has filed a cross-complaint against the female. This is her demurrer to his cross- complaint. Legal Standards for Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of ...
2023.11.02 Motion to Vacate Order Compelling Arbitration and Reopen Case 363
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...s granted. Legal Standard "In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration are not paid within 30 days after the due date, the drafting party is in material breach of the arbitr...
2023.11.02 Motion for Final Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ... The moton is granted. Since preliminary approval was granted, the administrator has mailed notices to 407 class members. 31 packets were returned by the post office. Follow up resulted in 27 new addresses, leaving 4 nondeliverable. No objections have been received, and only one request for exclusion. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their SUPERIOR...
2023.11.02 Motion for Final Approval of Class Action Settlement 113
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ... to 175 class members. 32 packets were returned by the post office. Follow up resulted in 15 new addresses, leaving 17 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 28 A. Background and Settlement Terms Despite its clever name, Rodd & Gunn is not a sporting goods business but a retail s...
2023.11.02 Motion for Summary Judgment, for Leave to File Amended Complaint 345
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.11.02
Excerpt: ...filed a Cross-complaint against Plaintiff and Payroll Masters. In March 2018, Jones Law sought leave to amend the Cross-complaint, which was granted. Thereafter, Jones Law's First Amended Crosscomplaint was filed, which added Cross-Defendant Sandra Vella-Andrade as a partyto the action. Ms. Vella-Andrade demurred to the FACC — as well as the subsequently filed Second Amended Crosscomplaint. This led to the filing of a Third Amended Cross-compla...
2023.11.02 Motion to Compel Individual Claims to Arbitration and Stay Non-Individual Claims 062
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...eement, the agreement by its own terms excludes the present dispute from its scope, because the law in existence at the time of contracting did not allow for arbitration agreements for individual PAGA claims. That law has since changed, but the contract itself excludes "claims that are not subject to arbitration under current law" — meaning the aw of 2019. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFF...
2023.11.01 Demurrer, Motion to Strike 810
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.01
Excerpt: ...confusion) alleges 26 causes of action against approximately 23 defendants in her 5AC. NAT is named as defendant "Doe 2." The targets of Plaintiffs claims include her former spouse Laurence Alamillo ("Larry"), the family company Alamillo Rebar, Inc. ("ARI") in which Janice and Larry jointly hold an approximate 53% interest through their family trust, other of the Alamillo family who are owners, officers and/or directors of ARI, another officer of...
2023.11.01 Anti-SLAPP Motion to Strike 829
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.11.01
Excerpt: ...djudication. The anti-SLAPP special moton to strike is denied. The motion for judgment on the pleadings is construed as a demurrer to the cross-complaint and, so construed, is granted with leave to amend. Defendants shall file and serve any amended crosscomplaint by November 13, 2023. I Background Plaintiff (also referred to as "Giuffrida"), a surgeon, previously worked for defendants, Vivek Bansal, MD, and Vivek Bansal MO, INC. (collectively "de...
2023.10.30 Motion for Leave to File Complaint 703
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.30
Excerpt: ...s initiated this achon by filing their Complaint on March 25, 2022. Plaintiffs entered into a lease agreement for residential property located at 317 Lester Avenue, #304 in Oakland, California. The Complaint alleges a number of tort and contract claims against defendants related to the lease and the condition of the property. Defendants filed their Answer on October 31, 2022. None of the Defendants filed a cross-complaint at SUPERIOR COURT OF CAL...
2023.10.30 Motion for Monetary Sanctions 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.30
Excerpt: ...ts forth a single cause of achon for negligence relating to an alleged physical altercation that took place between Defendant Peter Hilliard and Plaintiff on September 14, 2020. On March 18, 2022, moving Defendants propounded 17 requests for admission ("RFA") on Plaintiff. Plaintiff did not oppose the motion, and as a result the Court entered an order deeming the RFAs admitted on July 20, 2022. Thereafter, on September 6, 2022, moving Defendants ...
2023.10.30 Motion to Set Aside Default, Judgment 370
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.30
Excerpt: ...inehart on June 23, 2023 are ordered vacated. Defendants shall file their answer to the complaint by no later than November 15, 2023. Plaintiff's requests for attorneys' fees and/or imposition of a penalty under Code of Civil Procedure section 473(c) are denied. Background Plaintiff Concentric Development Group, Inc. filed a complaint against defendants Exact Construction and Developers, Inc. and Ricky Rhinehart for breach of contract and convers...
2023.10.30 Motion to Strike 586
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.30
Excerpt: ...FORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/30/2023 Factual Allegations and Positions of the Parties The Court issued a tentative ruling on Defendants' Moton to Strike on August 14, 2023. That tentative ruling laid out in detail the factual allegations of the Complaint, as well as the positions of the various Parties in some detail. Please see that earlier tentative ruling for a ful...
2023.10.30 Motions for Summary Judgment, Adjudication 278
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.30
Excerpt: ...S 1291W, et seq.) — retaliation for engaging in protected activty; and (4) violation of FEHA (Government Code S 12940(j)) — quid pro quo sexual harassment). For the following reasons, the Motion is granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the Motion. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the el...
2023.10.26 Motion to Strike Punitive Damages 792
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.26
Excerpt: ...ded Complaint. For the reasons set forth, the moton is denied. Background Plaintiffs Jeffrey R. Kenny and Lekhini Joshi-Kenny as Trustees of their living trust ("Plaintiffs" or the "Kennys" for convenience) purchased a home in Danville in 2021. (First Amended Complaint ("FAC") 1, 9.) They allege that after purchasing their home, they discovered their neighbors the Bancrofts had improvements in an area abutting the two properties that they assert ...
2023.10.26 Motion for Summary Judgment 404
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.26
Excerpt: ...rth LLC. Defendants move on the grounds that the derivative claims (second through fifth causes of action) are barred because EBO has lost standing to sue on Taylor's after relinquishing its membership interest voluntarily, without wrongdoing by Defendants. Defendants also contend that the sixth cause of action for declaratory relief is barred EBO lost standing to seek declaratory relief under the Taylor operating agreement after relinquishing it...
2023.10.26 Motion for Summary Judgment 048
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.26
Excerpt: ...s a portion of Defendants' property in San Ramon. It is alleged that when the two adjacent properties were built in approximately 1965, a significant portion of Plaintiffs' driveway was actually built on Defendants' property. As the Plaintiffs, and their predecessors in interest, have using that area since the 1960's, is alleged that a prescriptive easement exists in favor of the Plaintiffs. Plaintiffs initiated these proceedings by filing their ...
2023.10.26 Motion for Protective Order, to Compel Further Responses 813
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.26
Excerpt: ... the Plaintiff regarding additional complaints she received from patents regarding Defendant. Plaintiff requests a protective order to restrict questioning of Ms. Ozuna regarding her employment with Defendant and her alleged bias against Defendant. "Except as otherwise provided by statute, all relevant evidence is admissible." Evidence Code 5351. "Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or he...
2023.10.26 Motion for Final Approval of Class Action Settlement, Attorney Fees 686
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.26
Excerpt: ...nt. The motions are granted. Since preliminary approval was granted, the administrator has mailed notces to 152 class members. 5 packets were returned by the post office. Follow up resulted in 2 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/26/2023 2 A. Background and S...
2023.10.26 Demurrer, Motion to Strike 686
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.26
Excerpt: ...to 3rd, 4th, and 5th C/As — overruled. Background Plaintiff alleges she was employed by defendant Orinda Country Club from December 2017 until she was constructively discharged on April 18, 2022. (Compl. 2, 17.) Her complaint includes 17 causes of action, alleging violations of the Fair Employment and Housing Act, Labor Code section 12940 et seq. ("FEHA"), including various forms of discrimination, hostile work environment, and retaliation, wag...
2023.10.26 Demurrer 694
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.26
Excerpt: ..., defendant USA Equestrian Trust, Inc. ("Trust") has filed a partial opposition and partial request for joinder as to USEF's demurrer. The Court rules on these motions as follows and further discussed below: Joinder by Trust in the USEF demurrer is allowed. Both demurrers (by USEF and USPC) are overruled. The motions to strike are denied. A. Background Plaintiff, as a young equestrian training toward her goals of becoming an "A-Rated Pony Clubber...
2023.10.23 Demurrer 432
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.23
Excerpt: ...siness in Concord in June 2020. (SAC 97.) Dugas and Stevens each contributed $10,000 towards the formation of the LLC. Dugas received 49% of interest and Stevens received 51% of the interest. (SAC 99.) The parties rented a location for their gym for one year, starting in April 2022. (SAC 910.) Dugas alleges that Stevens paid himself much more than Dugas and that Stevens' payments to himself were unlawful. (SAC "10-18.) The parties had a falling o...
2023.10.23 Demurrer to TAC 544
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.23
Excerpt: ... wherein plaintiff articulates such facts. Background Plaintiff alleges that, while he was a middle school student in approximately 1972, he was sexually assaulted and abused by special education teacher on multiple occasions during school hours. The abuse allegedly occurred notw-thstanding that the District was on notice about the teacher's propensity to commit the abuse. Plaintiff filed this action on November 30, 2022 against various Doe defen...
2023.10.23 Motion for Summary Judgment 539
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.23
Excerpt: ...posed motions for summary judgment are granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. 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...
2023.10.23 Motion for Summary Judgment, Adjudication 250
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.23
Excerpt: ...hat no triable issue of a material fact exists supporting her causes of action. County's motion for summary judgment or summary adjudication is granted in part and denied in part. Summary adjudication of the first, second, fourth, fifth, sixth and seventh causes of action is granted. Summary adjudication of the third cause of achon is denied. Summary judgment is denied. The reasons follow. l. Disputed and undisputed Facts Plaintiff Angela Spruill...
2023.10.23 Petition to Compel Arbitration 495
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.23
Excerpt: ...pe of the relevant arbitration agreement, and although AHMC is not a signatory to the relevant arbitration agreement, there are nonetheless two bases for the Court to compel this matter to arbitration. First, AHMC says, it may enforce the arbitration agreement as a third-party Second, according to AHMC, it may enforce the arbitration agreement under the doctrine of equitable estoppel. The Court considers each in turn. Relevant Factual and Procedu...
2023.10.19 Motion to Compel Arbitration and Stay Proceedings 431
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...driver from April to December 2022, and according to PacPizza, he is still a PacPizza employee. (Higgins Decl. '1 2; Hough Suppl. Decl. 3.) Plaintiff filed a complaint alleging a single cause of achon under the California Private Attorneys General Act, Labor Code S 2699 et seq. ("PAGA") for multiple Labor Code violations he contends he and other aggrieved employees of PacPizza have sustained. PacPizza moves to compel arbitration of Plaintiff's cl...
2023.10.19 Motion for Summary Judgment, Adjudication 616
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...the reason set forth, the motion for summary judgment and motion for summary adjudication of the sixth cause of action are denied. Background Plaintiff and cross- defendant De Petra is the owner of a commercial building located at 911 Moraga Road in Lafayette. Defendant and cross-complainant Persons Plastic Surgery, Inc. ("Persons") is a tenant who leased one of the offices for its plastic surgery center, unit 205 (the "Premises"), under a writte...
2023.10.19 Motion for Leave to File Complaint 921
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.19
Excerpt: ...FFICER: CLARE MAIER HEARING DATE: 10/19/2023 December 1, 2023. The Court has extended the time it normally allows for filing a proposed cross-complaint to give the parties time to consider whether further settlement discussions or mediation would be helpful. No later than October 30, the attorneys are ordered to discuss whether additional mediation would be useful and if so, to begin mediation as soon as possible. Plaintiff and Defendants own pro...
2023.10.19 Motion for Final Approval of Class Action Settlement, Attorney Fees 638
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 7,126 class members. 625 packets were returned by the post office. Follow up resulted in 367 new addresses, leaving 270 non-deliverable. No objections have been received, and only one class member requested exclusion. A. Background and Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McD...
2023.10.19 Motion for Final Approval of Class Action Settlement, Attorney Fees 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...istrator's declaration) that when investigation turned up more class and workweeks than previously believed to exist, thereby potentially triggering an escalator clause in the settlement agreement, the response of the parties was to lop off the back end of the class period for which settlement payments will be made — and lop it off substantially tin, from the preliminary approval date (spring 2023) back to July 25, 2022. While the Court obvousl...
2023.10.19 Motion for Final Approval of Class Action Settlement 204
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...ses, leaving 4 nondeliverable. No objections out have been received, and only one class member has opted out. A. Background and Settlement Terms Defendant is the parent of Hand & Stone Massage and Facial Spa. Plaintiff was employed with defendant as a neuromuscular therapist in the spring of 2021, though only briefly. The original complaint was filed on October 26, 2021. A PAGA claim was added by amendment in January 2022. The settlement will cre...
2023.10.19 Motion for Final Approval of Class Action and PAGA Settlement 956
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...e preliminary approval was granted, the administrator has mailed notices to 19,854 class members. 1,086 packets were returned by the post office. Follow up resulted in 605 new addresses, leaving 464 non-deliverable. No objections have been received, and only two class members have requested to opt out. A. Background and Settlement Terms Defendant operates a number of Taco Bell restaurants throughout the area. Plaintiffs were employed at various t...
2023.10.18 Motion for Leave to File FAC, to Seal Inadvertently Produced Privileged Docs, for Protective Order 327
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.18
Excerpt: ...ying the motion said that any future motion should address defendant's claim that the proposed causes of action are inappropriately based on privileged information that Plaintiff is precluded from using in this litigation. Plaintiff filed this renewed motion on August 25, 2023. Defendant Northgate filed an opposition on October 4, 2023 in which it argued, among other things, that: (1) Plaintiff omitted privileged Exhibits 15 and 31 from the propo...
2023.10.16 Motion for Reconsideration 620
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.16
Excerpt: ...The Court, having reconsidered its August 2, 2021 Order granting Ford's motion to compel arbitration, determines that Ford's motion for order compelling arbitration should be denied for the reasons set forth. The prior August 2, 2021 Order compelling arbitration is vacated. The Court sets a case management conference for 8:30 a.m. on December 28, 2023. Plaintiff shall give notice of the CMC. Background Plaintiff filed a complaint against Ford Mot...
2023.10.16 Motion for Summary Judgment 927
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.16
Excerpt: ... defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Raymond Cordova, and the supporting exhibits included with it. No opposition has been filed by defendant. Standard A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ...
2023.10.16 Motion for Summary Judgment, Adjudication 179
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.16
Excerpt: ...23 For the following reasons, the Motion is granted. Standard Code of Civil Procedure ("CCP") SS 437c(c) provides, in relevant part: The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Secton 437c(p)(1) provides: A plaintiff or cross-complainant has met his or her burden of showing that there...
2023.10.12 Petition to Compel UM Arbitration 455
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ...a multi-vehicle car accident in April 2021. Claimant is the insured under a motor vehicle policy with Respondent State Farm Insurance with uninsured motorist coverage. Claimant requested that State Farm arbitrate the uninsured motorist claim in a letter from his counsel dated March 23, 2023. (Chang Decl. Exh. 1.) State Farm thus far has not agreed to schedule an arbitration. Analysis A. Threshold Issue — Existence of An Arbitration Agreement Wh...
2023.10.12 Motion to Vacate Judgment and Writ 080
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.10.12
Excerpt: ...allows the Project's Land use Permit to remain in place and fails to enjoin Project operations pending the County's compliance with CEQA. "CECA, through the Public Resources Code, allows a trial court to leave project approvals in place. After a court finds a CEQA error, the court has three options: void a decision in whole or part; suspend certain project activities; or take other specified actions. (Pub. Resources Code, S 21168.9, subd. CEQA do...
2023.10.12 Motion to Strike, Demurrer 533
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.12
Excerpt: ...f shall file any amended pleading by October 23, 2023, or shall file and serve notice of Plaintiffs election not to amend by that date. Background The background of the case, causes of action, and relevant factual allegations of the first amended complaint ("FAC") are set forth in the concurrent ruling on the defendants' demurrer to the FAC. Legal Standards Applicable to Motion to Strike Punitive Damages The Court may strike allegations that are ...
2023.10.12 Motion to Strike SAC and Dismiss Case for Failure to Timely File SAC 106
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ...urt may dismiss the complaint as to that defendant when: Except where Secton 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal." CCP section 597 applies to trials of defenses and is not applicable to this action. The Court sustained Defendant's Demurrer to Plaintiffs' First Amended Complaint with leave to amend ...
2023.10.12 Motion to Recover Costs of Personal Service and Service by Publication 459
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ...stments v. Decher Young, QI-0258. ("C21 case") In the C21 case, Decher Young was the defendant and the attorney for Mr. Young, Mr. Levin, represents Mr. Young in both cases. The attorneys for Steven Pinza was the same counsel in the C21 case. Neither party asked this court to take Judicial Notice of the C21 case, but as the C21 case is relevant to the motion to recover costs of service and service by publication, the Court does so on its own moti...
2023.10.12 Motion for Summary Judgment 803
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ...OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 the MS] is granted. Factual and Procedural Background Defendant opened an American Express Platinum Card account on September 17, 2016 ending in 1004. UMF 1. The terms and conditions for use of the Account are governed by a Cardmember Agreement. UMF 2. American Express sent Defendant a copy of this Agreement along with the physical...
2023.10.12 Motion for Summary Judgment 707
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ...nt moves for summary judgment on the grounds that Plaintiff failed to comply with the Government Claims Act. For the followng reasons, the Motion is denied. Judicial Notice Defendant's request for judicial notice is granted. (Evid. Code SS 452, 453.) Legal standard SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 code of Civil Procedure ("CCP") SS 437c(o)(1) and 43...
2023.10.12 Motion for Sanctions 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ...he same statutes for their requests for sanctions, the Court will address both Motions together. For the reasons set forth below, the Motions are granted as outlined below. Procedural Background Plaintiff filed the initial Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June ...
2023.10.12 Motion for Leave to File TACC 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.12
Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...
2023.10.12 Demurrer, Motion to Strike 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.12
Excerpt: ...25, 2022.) Plaintiffs confirm that Rodriguez is not named as a defendant on the first through third causes of action in light demurrer. Plaintiffs' request for monetary sanctions is denied. This motion would not have been necessary if Plaintiffs had complied with CRC 2.112 in drafting their third amended complaint. 19. AM CASE NUMBER: C20-01330 CASE NAME: Hurtado v. HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE FILED BY: SUTTER HEALTH AND...
2023.10.12 Demurrer 508
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.12
Excerpt: ... Cross-complaint ("FACC") "1 1, 2.) In the main action, Johnson has sued Fong to recover the amount he paid Fong based on what Johnson contends was defective work. In his FACC, Fong alleges that Johnson came to Fong's residence and demanded Fong pay him money or Johnson would inform Fong's neighbors that Fong was a convicted felon who served a prison sentence in connection with a crime involving moral turpitude and dishonesty. (FACC 3-8, 10, 12- ...
2023.10.11 Demurrer to Answer 384
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.11
Excerpt: ...tter on June 5, 2023. It set forth fourteen causes of action against defendants George and Bellerny Raygoza. On August 11, 2023, Defendants filed their Joint Answer to unverified Complaint consisting of a general denial as well as forty-five affirmative defenses. Plaintiff filed the instant demurrer to the Answer, demurring to forty-three of those affrmative defenses. The two not demurred to are the affirmative defenses for: statute of limitation...
2023.10.11 Demurrer 955
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.11
Excerpt: ...on 1). Plaintiff also sued Rollamatc for the failure to prevent harassment / hostile work environment, retaliation (FEHA and Labor Code sections 1102.5 and 6130) and wrongful terminaton (causes of action 2-6.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 10/11/2023 Defendants demur to causes of action 1, 2, 3, 4 and 6 based on the failure to allege facts sufficient to s...
2023.10.09 Motion to Strike, Demurrer 533
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.09
Excerpt: ...f shall file any amended pleading by October 23, 2023, or shall file and serve notice of Plaintiffs election not to amend by that date. Background The background of the case, causes of action, and relevant factual allegations of the first amended complaint ("FAC") are set forth in the concurrent ruling on the defendants' demurrer to the FAC. Legal Standards Applicable to Motion to Strike Punitive Damages The Court may strike allegations that are ...
2023.10.09 Motion to Strike Complaint 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.09
Excerpt: ...23 ("Collections Complaint"). The Collections Complaint pleads causes of action for account stated and open book account for Walker's alleged breach of a credit card agreement with LVNV's assignor, Navy Federal Credit Union ("NFCU"), in the approximate amount of $26,000. On May 2, 2023, Defendant and Crosscomplainant Mark T. Walker ("Walker") filed an unverified Class Action Cross- Complaint for Declaratory Relief and Damages against LVNV ("Cross...
2023.10.09 Motion for Leave to File TACC 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.09
Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...
2023.10.09 Demurrers 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.09
Excerpt: ...25, 2022.) Plaintiffs confirm that Rodriguez is not named as a defendant on the first through third causes of action in light demurrer. Plaintiffs' request for monetary sanctions is denied. This motion would not have been necessary if Plaintiffs had complied with CRC 2.112 in drafting their third amended complaint. 19. 9:00 AM CASE NUMBER: C20-01330 CASE NAME: Hurtado v. Rodriguez HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE FILED BY: SU...
2023.10.09 Demurrer to FAC 667
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.09
Excerpt: ...act. Defendant demurs to Plaintiff's claims on several grounds. For the following reasons, the Demurrer is sustained without leave to amend. Request for Judicial Notice Defendant requests judicial notice of a settlement agreement between the parties as well as several County documents and dc„cuments from the California Department of Industrial Relations. Plaintiff objects to the request for judicial notice. With respect to the Settlement Agreem...
2023.10.05 Special Motion to Strike 416
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ... JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 32 Plaintiffs are Jason Kristal, JKristallnvestmentsLLC, and 219KingsburyGrade, LC (the "Kristal Plaintiffs"). Defendants are Omer Eugene Beaird Ill ("Eugene"), Alesia Thomas ("Alesia") (collectively, "Defendants") and their former attorney, M. Todd Jenks. Plaintiffs filed a Notice of Settlement of their claims against Mr. Jenks on September 18, 2023. This action is preceded by three rel...
2023.10.05 Motion to Strike, Demurrer 757
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.05
Excerpt: ... cause of action Plaintiffs' prayer for punitive and exemplary damages. The motion to strike is denied as moot, based on the Court's concurrent ruling on the demurrer to the second cause of action. 5. 9:00 AM CASE NUMBER: C22-02757 CASE NAME: CHRISTIAN WATKINS VS. TANETTE MAFFEI HEARING ON DEMURRER TO: DEMURRER TO CROSS COMPLAINT FILED BY DEF FILED ON 6/6/23 FILED BY: *TENTATIVE Before the Court is a demurrer by defendants John Norheim and Steve ...
2023.10.05 Motion to Quash Service of Summons and Complaint 948
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.05
Excerpt: ...the treatment and care of Plaintiffs' father ("Decedent") which resulted in his death on September 15, 2020. Decedent was admitted to Defendant The Reutlinger Community ("Reutlinger"), a licensed Residential Care Facility for the Elderly, on March 27, 2020. Decedent had developed dementia prior to his admission as a result of a traumatic brain injury. Plaintiffs filed their initial Complaint on September 16, 2021. The Complaint alleged a single c...
2023.10.05 Motion for Summary Judgment 414
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.05
Excerpt: ...dants Corporation for Better Housing, 69 Carol Lane, L.P. and 73 Carol Lane, L.P. filed a motion for summary judgment or alternatively for summary adjudication. The notice of moton sought summary judgment and did not separately list any issues for summary adjudication. In addition, Defendants' separate statement did not list any issues for summary adjudication. After the initial hearing date on this matter passed, Defendants filed an amended noti...
2023.10.05 Motion for Preliminary Approval of Class Action Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...ndant 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 plaintiff and modification of the claims asserted. The second amended complaint successfully withstood demurrer. The settlement would create a gross settlement fund of $1,224,210. The class representative payments to the plaintiffs...
2023.10.05 Motion for Final Approval of Class Action and PAGA Settlement 874
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...or approval of their attorney's fees, litigation costs, administrative fees, and representative payments. Both motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 52 class members. 2 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 24 packets were returned by the post office. Follow-up was unable to find better a...

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