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2023.08.17 Demurrer, Motions to Strike 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...leged former landlords, defendants Deanna Graves (individually and as trustee of her family trust) and her daughter Rashida Graves. The Graveses filed a cross-complaint against Ellis only. The cross-complaint asserts two causes of action — the first for breach of contract (non-payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/17/2023 2 of rent), and a cause of...
2023.08.17 Demurrer to FAC, Motion to Strike 139
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...ff alleges claims arising out of a real property loan by Bank of America secured by a mortgage on Plaintiffs real property, with a loan number ending 9666 ("Loan 9666"). His FAC, which is 74 pages long, exclusive of the 35 exhibits attached, alleges six causes of acton against the bank: breach of contract, violation of Civil Code secton 1785.25 pertaining to a creditor making reports to a credit reporting agency; breach of the implied covenant of...
2023.08.17 Demurrer to FACC 899
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...RA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 (3) Reasonable value of services. cross-Defendant demurrers to the first cause of action on the basis that it fails to state facts sufficient to state a cause of action (CCP 5430.10(e)), and that Cross-complainant does not have the legal capacity to sue (CCP 431.10(b).) She also demurs to the second and third causes of action on the basis that those ...
2023.08.17 Demurrer to FAC, Motion to Strike 503
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...ranty of habitability; (3) breach of contract; (4) breach of quiet enjoyment; (5) private nuisance; (6) premises liability; (7) negligence; (8) violation of California's Just Cause Statute; (9) violation of California's Rent Control Statute; (10) unfair business practices (violation of California Business and Professions Code S 17200 et seq.); (11) retaliation; and a claim for exemplary damages. Defendant demurs to all Plaintiffs' causes of actio...
2023.08.16 Motion to Strike 400
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.16
Excerpt: .... Plaintiff alleges that there were conflicts of interest between Plaintiff and Beverly and that Defendant continued to represent both of them. Defendant brings this motion to strike the requests for emotional distress and punitive damages that are sought in connection with the breach of fiduciary cause of action. (Comp. "19, 20.) The acts alleged to constitute a breach of fiduciary duty are (1) defendant prepared a document to amend an irrevocab...
2023.08.16 Motion for Summary Judgment, Adjudication 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.16
Excerpt: ...en ("the Milways") for declaratory relief (causes of achon one, two and three) and nuisance (causes of action four and five). The three declaratory relief claims seek declarations regarding different property disputes: (1) the boundary line between 1000 Homestead and 20 Alwin Road properties, (2) ownership of the 28Ft wide strip that consttutes Alwin Road and (3) whether the Milways can quiet title on the 11 ft easement located on 1000 Homestead....
2023.08.16 Motion for Summary Adjudication 829
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.16
Excerpt: ...vek Bansal MD, Inc. from approximately SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/16/2023 2016 through 2018. (Amended Separate Statement of Material Fact in Support of Plaintiff's Motion, hereinafter "Plaintiff's SSUMF," Fact No. 1, and defendants' response.) Defendant Vivek Bansal is the sole owner and CEO of defendant Vivek Bansal M.D., Inc. (Plain...
2023.08.14 Petition to Determine Validity of Third-Party Creditor Claim 233
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.14
Excerpt: ... the petition to invalidate Veglnvest's third party claim is denied, and judgment is granted for Veglnvest on the validity of its third party claim that it holds a superior interest in the Attached Funds, as set forth below. Defendant as the prevailing party shall file a proposed order/judgment consistent with this ruling in accordance with the Local Rules of this Court. Background Plaintiff sought and obtained an ex parte order for a right to at...
2023.08.14 Motion to Strike 586
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.14
Excerpt: ..."Kulwant"), Dhanwant Singh Malhi's ("Dhanwant") (collectively "Defendants") Special Motion to Strike Pursuant to C.C.P. S 425.15. Allegations of Complaint Plaintiff is a member of the Sikh faith and attends the Sikh Temple — El Sobrante (the "Temple"). He is involved in the Temple's administrative activites and teaches Gatka (Sikh Martial Arts) at the Temple. He has been attending and teaching at the Temple since 2009. The Complaint sets forth ...
2023.08.14 Motion for Sanctions 601
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.14
Excerpt: ...aint was filed with Trey Briggs as the plaintiff. 80th complaints allege that Trey broke his arm at a school event in 2018, but Trey continued to experience problems and required surgery in 2022 and 2023. 80th the complaint and first amended complaint stated that the plaintiff had complied with the applicable claims statute. The District brings this moton for sanctions against Plaintiff's attorney based on the failure to submit a government claim...
2023.08.14 Motion for Reconsideration 946
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.14
Excerpt: ... the Court's decision was its conclusion that the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 applied to this case. Plaintiff does not address the status of arbitration in brief. Defendant states in their memorandum that "the Parties are already actively engaged and near the conclusion of arbitration with Judicate West." (Opposition p.2.) The Court previously continued this matter so that the parties could included declarations on...
2023.08.14 Motion for Attorney Fees 321
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.14
Excerpt: ...es and costs upon the initation of the action." Plaintiff's form complaint asserted one cause of action for breach of contract. (Pl. Compl.) As part of that single cause of action, plaintiff averred: "...Defendant materially breached its obligation under the terms of the contract between the parties which it drafted, Defendant's obligation to pay all wages when due." (Pl. Compl. p. 7, Attachment BC-2.) "In accordance with this rule of statutory c...
2023.08.14 Joinder of Parties, Dismissal of Parties 042
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.14
Excerpt: ...CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/14/2023 Procedural Background Defendant originally filed her Motion on April 11, 2023. The Court issued a tentative ruling on August 13. The tentative ruling noted there were "several procedural problems as well as substantive issues with both Parties' positions." This includes a number of owners of property adjacent to Defendant's Property which ...
2023.08.09 Motion for Entry of Judgment 601
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ... Pursuant to Code of Civ-l Procedure 5654.6 ("Motion"). For the following reasons, Plaintiffs' Motion is granted. Procedural Background This matter relates to a construction defect action involving the owners of eight homes in Pittsburg, California. Plaintiffs sued the builders and general contractor of their homes consisting of several entities, including Seecon Built Homes, Inc., Albert D. Seeno Constructon Co., Inc., Cyrus Land Investments, LL...
2023.08.09 Motion for Summary Judgment 331
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ...21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/09/2023 breach of governing documents; (2) breach of fiduciary duties; and (3) declaratory relief. For the following reasons, the MSJ 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 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 ca...
2023.08.09 Motions for Leave to File Complaint 240
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ...gust 18, 2023. Factual and Procedural Background This matter pertains to a meeting (the "Midnight Meeting") that occurred in the wee hours of August 3, 2018 when Defendant David Marcotte called a family meeting to execute a series of documents pertaining to the family business ("RJMLLC"), which was formed by the Parties' father Rene J. Marcotte ("Decedent"). The alleged purpose of the meeting related to a tax saving strategy that was designed to ...
2023.08.09 Motion for Leave to Amend SAC 561
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ...ntiff. There are a number of pleadings filed in this case, including another complaint which was consolidated with this action, as well as a number of cross-complaints. Only the pleadings relevant to the current Mohon will be discussed. Plaintiff filed her initial Complaint on December 9, 2021, naming Defendants Decker Bullock Dreyfus, Inc. (dba Golden Gate Sotheby's International Realty, Inc.) and William Leone ("Defendants"). The Defendants wer...
2023.08.07 Motion to Continue Hearing 556
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.07
Excerpt: ...ing Agreement Dated as of April 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC2 ("Cross-Defendant" or "US Bank as Trustee")'s motion for summary judgment. For the following reasons, Cross-Defendant's Motion is granted. Brief Factual and Procedural Background This case concerns the real property located at 27 Sunset Drive, Kensington, CA 94707 (Complaint at '1 4) and a related prior lawsuit entitled John Elkins v. Provident, U.S....
2023.08.07 Motion for Leave to File TAC 760
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.07
Excerpt: ...ners 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 based on a claim under their homeowners' policy. (2AC "1 3, 7, 11.) Plaintiffs allege USAA has denied coverage for the defects in the replacement flooring under a policy exclusion. (2AC '1 24.) Plaintiffs sued USAA and MDI on multiple theories....
2023.08.07 Demurrer to FAC 423
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.07
Excerpt: ...s an employment discrimination case. Plaintiff Richard Van Koll, age 65, alleges he is employed by Defendant Contra Costa County as a Non-aenefitted Senior Inspector assigned to the Real Estate Fraud unit of the District Attorney's Office. Defendant alleges he was denied various promotions from 2016 to 2021 due to his age and in retaliation for taking medical leave and complaining of age discrimination. The FAC filed on January 25, 2023 asserts t...
2023.08.07 Demurrer 213
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.07
Excerpt: ...ry McCord for breach of contract and breach of guaranty. Schafer filed a cross-complaint against both RAP and McCord for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and deceit and (4) negligent misrepresentation. RAP demurrers to each claim in the cross-complaint based on the failure to state facts sufficient to constitute a cause of action and as to the first and second causes of action ba...
2023.08.04 Petition to Compel Arbitration 743
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ... action is stayed pending the completion of arbitration proceedngs. (CCP S 1281.4.) (2) A post-arbitration status conference is scheduled for February 5, 2024 at 8:30 a.m. The parties are required to file a status report or reports at least 10 calendar days before the conference. Background Plaintiffs Lindsay Jo Schutte Crittendon and Zachariah Bonsignore Crittendon filed this action for breach of a residential construction contract on April 3, 2...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 538
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...notification of LWDA of the settlement. 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 original complaint was filed on March 23, 2022. The settlement would create a gross settlement fund of $437,800. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $145,933 (one-third of the ...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 118
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...e 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement would create a gross settlement fund of $250,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $83,325 (one-third of the settlement). Litigation costs would not exceed $10,000. The settlement administrator's costs are estimated at $5,350. PAGA penalties would be $7,500, resulting in a payment of $5,625 to the LWDA. The net...
2023.08.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 686
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...mployed from April 2019 to January 2022 as a field service technician. The original complaint was filed on February 28, 2022. It is a class-action and PAGA case. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/03/2023 2 The settlement would create a gross settlement fund of $725,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees ...
2023.07.31 Demurrer to FAC 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...scussion Legal Standard "The function of a demurrer is to test the suffciency 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 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...
2023.07.31 Demurrers, Motions to Strike 019
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...ection 430.10(e), the complaint does not state facts sufficient to constitute a cause of action. Plaintiff alleges that he is a dependent adult and went to John Muir for severe back pain on October 12 at 9:49 a.m. (Comp. On October 14 at 12:45 p.m., Plaintiff had an MRI and saw a neurosurgeon who confirmed a large disc herniation at Ll-2 on the MRI. The neurosurgeon immediately recognized the need for back surgery to decompress Plaintiff's cauda ...
2023.07.31 Motion to Compel Arbitration and Stay Proceedings 780
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...ure to provide accurate itemized wage statements; (4) failure to produce employee file; (5) disability/perceived disability discrimination; (6) age discrimination; (7) work environment harassment; (8) retaliation; (9) failure to prevent harassment, discrimination, and retaliation; (10) retaliation; (11) failure to prov-de reasonable accommodation; (12) failure to engage in good faith interactive process; (13) unfair and unlawful business practice...
2023.07.27 Motion to Strike 908
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ... against defendant Sukhdeep Kaur on September 17, 2019. With leave of Court, after engaging new counsel, Plaintiffs filed an amended verified complaint on March 3, 2023. Sukhdeep is the special administration of the estate of her deceased husband, Gurpinder Singh, who Plaintiffs allege was a member of their family who lived with them when he was 20 years old and who they treated like a son. (Am. Compl. 5, 12, 18, 20, 23.) (Because of the similari...
2023.07.27 Motion in Re Legal Issues 861
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...nostic testing to determine the cause of her headache. (Compl. 18, 19.) On May 2, 2011, plaintiff Mrs. Lewis was seen by a triage nurse and examined by a physician. (Plaintiff's Trial Brief at 4.) On May 3, 2011, plaintiff Mrs. Lewis was seen by a triage nurse and a physician assistant. (ld.) Plaintiff further alleges that on May 6, 2011, she returned to SOMC with extreme headache pain and she was denied adequate medical treatment in that the sta...
2023.07.27 Motion for Judgment on the Pleadings 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...tion for judgment on the pleadings, defendants contend plaintiff exceeded the scope of that leave and accordingly, they also move to strike the added causes of action and punitive damages. 80th motions are granted. No further amendment will be permitted unless plaintiff comes to the hearing prepared to articulate facts that would justify amendment. Background The Court's previous order granting Defendants' moton for judgment on the pleadings reci...
2023.07.27 Motion for Final Approval of Class Action and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ...t office, but that member was located by skip tracing. No objections or requests to opt out have been received. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 07/27/2023 9 Background and Settlement Terms Defendant is a public-school district. Plaintiff has worked for defendant as a school bus driver since 2013. The original complaint was filed on ...
2023.07.27 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 186
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ... 65 packets were returned by the post office. Follow up resulted in 51 new addresses, leaving only 4 nondeliverable. No objections or requests to opt out have been received. The motion is granted. Background and Settlement Terms The two plaintiffs in this case initially filed separate actions in different counties. Kalaveras filed a class action in this County, and amended the complaint to add a PAGA claim. NCR removed the case to federal court b...
2023.07.27 Demurrer to Amended Complaint 552
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...property (Gov. Code S 835); (3) negligent hiring, supervision, and retention, and (4) survival action. Defendant demurs to Plaintiff's causes of action for (1) negligence, (3) negligent hiring, and (4) survival action pursuant 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. Request for Judicial Notice In opposition, Plaintiff requests judicial notice of ...
2023.07.27 Demurrer 688
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...se this is plaintiffs first pleading, she may file and serve an amended complaint by August 7, 2023. 1. Background According to the complaint, plaintiff was foreclosed upon by her lenders, Gregory Funcrng LLC and Gregory Funding Inc., and the property sold to defendant. Defendant then proceeded to evict her. She previously filed suit against the lender(s), and they are not parties here. Plaintiff claims, in essence, that the defendant was neglige...
2023.07.27 Motion to Strike FAC 807
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ...ction is protected by the anti-SLAPP statute, as discussed below. Background Plaintiffs Deepak Joshi and Diana Martinez filed their initial Complaint on December 30, 2022, alleging causes of action for (1) Defamation, (2) Malicious Prosecution, (3) Abuse of Pruess, (4) Intentional Infliction of Emotional Distress, and (5) Negligent Infliction of Emotional Distress. On February 25, 2023, they personally served the initial complaint on defendant. O...
2023.07.26 Demurrer to FAC 406
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.26
Excerpt: ...specially to Plaintiffs' cause of action for unlawful detainer pursuant to Code of Civil Procedure ("CCP") S 430.10 on the grounds that Plaintiffs have not adequately alleged a landlord-tenant relationship. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice There are several contentious requests for judicial notice. First, Defendant requests judicial notce of the declaration of Albert D. Seen...
2023.07.26 Motion for Summary Judgment, Adjudication 971
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.26
Excerpt: ...r being sought (Code Civ. Proc., S 1010; Cal. Rules of Court, rule 3.1110(a)), and courts generally may consider only the grounds stated in the notice of motion [Citation.]" (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) In addition, when bringing for summary adjudication "the specific cause of action, aft-mat-ive defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim,...
2023.07.26 Demurrer to SAC 649
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.26
Excerpt: ... GM when he purchased the vehicle. (Second Amended Complaint ("SAC"), 5-8.) Plaintiff alleges the Vehicle has a "Transmission Defect" more fully described in the SAC that manifested during the warranty period. (FAC, 10-18.) Plaintiff alleges GM knew about the Transmission Defect since 2014 and that the Vehicle had the Transmission Defect when he purchased it, but GM concealed and failed to disclose the Transmission Defect. (SAC, 28-44.) Plaintiff...
2023.07.24 Demurrer to FAC 313
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ...xpress contractual warranty with GM on January 24, 2019, presumably when she entered into the lease. (First Amended Complaint ("FAC") 6-8.) She alleges the Vehicle has a "Battery Defect" more fully described in the FAC that manifested during the warranty period. (FAC 9, 23-26.) She alleges GM knew about the Battery Defect since 2016 and that her Vehicle had a defective battery when she leased it, but GM concealed and failed to disclose the Batter...
2023.07.24 Demurrer 353
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ...hly repetitive Demurrers to the Complaint of Plaintiffs Michael Graziadei II, et al., along with Motions to Strike. This prolixity is particularly unwarranted given that the parties are jointly represented and make many identical or highly similar arguments. Given the overlap of the motions, the Court will address Defendants' arguments in a single ruling, proceeding in the manner presented in the briefs. The Demurrers to Complaint are sustained i...
2023.07.24 Motion to Strike Punitive Damages 313
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ... failed to allege sufficient facts to support a punt-ive damages award and that if Plaintiff's underlying fraud claim fails, then so does Plaintiff's claim for punitive damages. For the reasons set forth, the motion to strike is granted, with leave to amend. Background The background of this case is addressed in the Court's tentative ruling on the related demurrer to the fraudulent concealment cause of achon by General Motors, LLC. Legal Standard...
2023.07.24 Motion for Preference in Trial Setting 353
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ... prevent prejudicing his or her interest in the litigation. (CCP S 35(a).) "The clear intent of the Legislature is to safeguard litigants who qualify under subdivision (a) against the acknowledged risk that death or incapacity might deprive them of the opportunity to have their case SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/24/2023 effectively tried and to ob...
2023.07.24 Motion for Summary Adjudication 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.24
Excerpt: ...urphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In the discussion that follows "the Murphys" includes both Kerry and Margaret Murphy, Kerry's estate and the family trust unless otherwise noted. This case involves a commission allegedly owed to...
2023.07.24 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.24
Excerpt: ...Relevant Procedural History Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) B...
2023.07.20 Motion for Leave to File Amended Answer 316
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.20
Excerpt: ...driven by an employee of defendant SGWS. He filed this action on November 4, 2021 against SGWS and other defendants. SGWS answered on February 17, 2022. The answer include some affirmative defenses, but none based on availability workers' compensation as a remedy. SGWS now moves to amend its answer to include such a defense. SGWS has presented a proposed copy of the First Amended Answer. (See Declaration of Michael A. McLain, Ex. A.) SGWS argues ...
2023.07.19 Petition to Compel Arbitration 390
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ...d, by a of the evidence, that the plaintiff and moving parties agreed to arbitration, the motion is denied. 1. Background Plaintiff sought to complete a remodeling project in Antioch. On October 28, 2021 plaintiff received a proposal by defendant Chung Ly on behalf of SN Building Design Group. That proposal became the basis for a contract between plaintiff and SN Building Design Group, attached as part of SUPERIOR COURT OF CALIFORNIA, CONTRA COST...
2023.07.19 Motion to Strike 645
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ... as required by the Code. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/19/2023 Page 9 of 30 Analysis At the outset, the Court expresses its concern regarding the actions, or more pro#rly inactions, of both counsel which led to the filing of this motion and the need for the Court to expend resources to address an issue that the Parties could have, and should have, res...
2023.07.19 Motion to Consolidate Actions 394
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ... fact and many of the same witnesses will testify in both actions. For the reasons set forth below, the motion to consolidate is granted. The cases shall be consolidated for all purposes with the instant case, MSC23-ffE94, deemed the lead case. Analysis Code of Civil Procedure S 1048 provides, "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters i...
2023.07.19 Motion for Summary Judgment, Adjudication 227
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ...0 a.m. on August 23 to allow Plaintiff time to file a substantive opposition to the Motion. Plaintiffs' Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h)). General Background In September 21%4, Plaintiffs refinanced real property located at 1952 15th Street in San Pablo, California (the "Property") via a loan in the amount of which was secured by a Deed of Trust. The Deed of Trust was assigned a number of times, ultimately b...
2023.07.17 Motion for Summary Judgment 892
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.17
Excerpt: ...s third surviving heir who could not or would not join as a plaintiff and is therefore named as a defendant. Plaintiffs have sued the driver of the vehicle, defendant Joseph Heath, and Heath's employer, defendant Spearhead Protection, Inc. Spearhead moves for summary judgment on the ground that Heath was commuting to work at the time of the accident, and Spearhead cannot be held liable for SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART NE...
2023.07.17 Motion for Summary Adjudication 039
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.17
Excerpt: ...nt's twenty-third affirmative defense fails. The two "issues" included in the notice of motion are just different reasons why Plaintiff thinks that the twenty-third affirmative defense fails. Thus, the Court will discuss the two summary adjudication issues together. Plaintiff worked as a speech therapist at Morello Park Elementary, a school in Defendant's district. While working at this school, Plaintiff alleges that she was to toxins from a sewa...
2023.07.17 Motion to Set Aside Summary Judgment 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.17
Excerpt: ...d), (h).) Evidentiary Issues Initially, the Declaration of Plaintiff in Support of Motion to Set Aside Summary Judgment is not actually a declaration of Plaintiff David Litachevsky, despite the title. While the Declaration states that David Litachevsky "declares as follows:" the document is signed by "Dylan Hackett Attorney for Plaintiff David Litachevsky." "Although it would appear obvious, a declaration must be signed by the declarant personall...
2023.07.17 Motion to Compel Arbitration 343
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.17
Excerpt: ... this matter is continued until August 20, 2023 at 9:00 a.m. in Department 18 to allow time for additional briefing by the Parties, as discussed below. Factual Background: Plaintiff John Scott ("Plaintiff") worked for Defendant Golden Rain Foundation ("Defendant" or "GRF" from early 2002 until September 2022. While the papers do not indicate if Plaintiff was fired or quit, the Complaint alleges that he was wrongfully terminated on September 16, 2...
2023.07.17 Motion to Set Aside Default and Quash Service of Summons 287
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.17
Excerpt: ...fore the Court is also Defendant Juan Mejia's Motion to Quash Service of Summons. Defendant's Motion to Quash Service of Summons relates to Plaintiff's aforementioned Complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/17/2023 Page 2 of 30 For the following reasons, Defendant's Motion to Set Aside Default is granted. Defendant's Motion to Quash Service of Su...
2023.07.12 Motion to File Docs Under Seal 829
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.12
Excerpt: ..."), Rule 2.551(b)(5), parties must notify the Court that the lodged records are to be filed, unredacted and unsealed, within 10 days. (Because defendants failed to lodge any unredacted version of their memorandum of points and authorities in support of defendants' motion for summary adjudication, they must also file the unredacted brief should defendants wish to proceed with the unredacted briefing.) Alternatively, if no notification is received,...
2023.07.10 Motion for Determination of Good Faith Settlement 009
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.10
Excerpt: ...e. Cycle Gear shall serve and file notce of entry of order. Legal Standard CCP section 877.6(a)(1), provides, in relevant part, that, on noticed motion, "[alny party to an acton wherein it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff and one or more alleged tortfeasors or co-obligors . "A deter...
2023.07.10 Demurrer to FAC 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.10
Excerpt: ...bject to judicial notice. (Cal. Evid. Code S 452.) Procedural Background 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 original parties were previously ordered to arbitration. Then, when the arbitration failed to move forward due to Defendants' dismissal of their attorney and failure to hire other counsel, it was put back on the ...
2023.07.10 Demurrer 811
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.10
Excerpt: ...t that school (and thus an employee of Defendant School District), as well as Plaintiff's social sciences teacher and faculty advisor for the school's Black Student Union, of which Plaintiff was a member. (Ibid.) It is generally alleged that Doe 2 engaged in 'highly inappropriate and sexual behavior with his minor students,' kept students in his classroom during the lunch period, shared vulgar stores about sex with his students, often hugged mino...
2023.07.05 Petition to Compel Arbitration 809
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.05
Excerpt: ...ntiffs") Complaint for (1) violation of the Song-Beverly Consumer Warranty Act by breach of express authority; (2) violation of the Song-Beverly Consumer Warrant Act by breach of implied warranty; (3) violation of Business and Professions Code S 17200; and (4) negligent repair. For the following reasons, the Defendants' Mohon to Compel Arbitration is denied. Factual Background Plaintiffs' underlying Complaint in this case relates to Plaintiffs' p...
2023.07.05 Motion for Summary Judgment, Adjudication 537
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.05
Excerpt: ...f contract. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/05/2023 Defendant moves for summary adjudication on several grounds including the statute of limitations and the statute of frauds. For the following reasons, Defendant's Motion is granted-in-part and denied-in-part. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) prov...
2023.07.05 Motion for Judgment on the Pleadings 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.05
Excerpt: ...OP relates to Plaintiff Vahid Haghiri ("Plaintiff" or "Haghiri")'s First Amended Complaint ("FAC") for (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Promissory Estoppel; (3) Negligent Misrepresentation; (4) Wrongful Foreclosure; (5) Cancellation of Instruments; and (6) Declaratory Relief. For the following reasons, the WOP is granted, without leave to amend. Request for Judicial Notice Defendants' unopposed Request for Judicial Notic...
2023.07.03 Motion to Strike 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.03
Excerpt: ...This is a property case wherein plaintiffs gave the City easements over their land. They claim the grants were the result of fraudulent inducement by the City. The City essentially told them the easements already existed and needed to be modified. Plaintiffs deeded what they believed were modified easements, but learned in 2019 that the City had no easement rights pursuant to a settlement with a prior owner, and the City had misrepresented fts ow...
2023.06.29 Motion for Leave to Amend Complaint 432
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.29
Excerpt: ...r 30, 2020. The complaint was pleaded as a class action and alleged nine causes of action for various wage and hour violations under the Labor Code and Industrial Wage Order No. 5-2001. Defendant The Counter Walnut Creek LP filed a demurrer to the original complaint, which was sustained with leave to amend. (9/13/2021 Order.) Plaintiff filed a first amended complaint on September 3, 2021 which added as the tenth cause of action a representative c...
2023.06.29 Motion to Compel Production of Docs 036
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.29
Excerpt: ...the sufficiency of particular responses to discovery and particular objections. If so, those will be the subject of a further motion to compel addressing discoverability (though the Court frankly hopes the parties will have resolved those disputes by meet-and-confer in the meantime). This, however, is not that motion. The present motion does not call on the Court to referee any discoverability issues or the validity of any objections. Rather, fts...
2023.06.22 Motion to Dismiss Arbitration Proceeding 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...e Arbitration Proceeding, or in the alternative, Stay Arbitration Proceedings. For the reasons set forth below, the Motion is denied. The Relevant Parties This set of disputes involves multiple claims in both directions. As did the Court's prior ruling, for ease of reference and avoidance of confusion, the Court will refer to the competing sides by summarizing names rather than litigation designators. Plaintiffs in this court case (respondents in...
2023.06.22 Motion to Compel Further Responses, for Reconsideration 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ..., that ruling can be viewed less as an order requiring plaintiff to comply, than as one giving plaintiff an opportunity to comply. The cost of noncompliance will not be any further discovery sanctions; it will be the inevitable granting of motons in limine barring most or all of plaintiff's case, for failure to identify facts, documents, and witnesses in support of plaintiff's trial contentions. This topic was discussed at considerable length in ...
2023.06.22 Motion for Preliminary Approval of Class Action and PAGA Settlement 956
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...imes at some of those restaurants. The present Gonzalez complaint was filed on January 5, 2021, and subsequently amended. This settlement also covers two other cases asserting similar claims. Plaintiff Frank filed his complaint in SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/22/2023 13 Alameda County in 2018; plaintiff Collins, in Santa Clara County in 2018. Those ...
2023.06.22 Motion for Approval of PAGA Settlement 010
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...EZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/22/2023 10 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. Because of the preclusive effect of prior PAGA cases against defendants, this case was limited ...
2023.06.22 Demurrer 810
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...and other "similarly situated" employees of defendant, Dolan's of Pinole Lumber and Building Materials Co. Specifically, plaintiff alleges the action is on behalf of "[all' persons who worked for any Defendant in California as an hourly-paid or non-exempt employee at any time during the [relevant time period]." (Complaint, 8:4- 5.) The entire complaint is alleged on information and belief. (Complaint, 1:1-2.) Plaintiff alleges SUPERIOR COURT OF C...
2023.06.22 Demurrer 652
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.22
Excerpt: ...ction, and overruled with respect to the second, third, and fifth causes of action. The motion to strike is granted with respect to attorneys fees and denied as to punitive damages. Plaintiff has leave to amend. The amended complaint shall be filed and served on or before July 3, 2023. Background Plaintiff's complaint alleges that, on December 13, 2021, plaintiff was rear-ended while at an intersection in Brentwood. (Complaint, 915.) The other dr...
2023.06.22 Demurrer 110
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.22
Excerpt: ...ant Amip Management (collectively, "Defendants")'s Demurrer. The Demurrer relates to Plaintiff Ricknauth Karan and Plaintiff Davitri Karan (collectively, First Amended Complaint ("FAC") for (1) wrongful foreclosure, (2) violations of Civ. Code 2923.5, (3) violations of Civ. Code 2924.11, and (4) declaratory relief. For the following reasons, the Demurrer is sustained, with leave to amend. Factual Background This is a wrongful foreclosure case. Pl...
2023.06.15 Demurrer or to Stay or Enjoin Pending Related Family Law Proceedings 325
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.15
Excerpt: ...e; (4) quiet title; (5) breach of fiduciary duty; (6) constructive trust; (7) partition by sale of real property; and (8) partition by sale of real property. Defendant demurs to all Plaintiff's causes of action pursuant to Code of Civil Procedure ("CCP") S 430.10 on several grounds; in the alternative, Defendant moves to stay or enjoin pursuant to CCP S 418.10 and 526(a) based on pending family law proceedngs in Contra Costa Case No. D22-03945. F...
2023.06.15 Demurrer 528
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.15
Excerpt: ...the action filed by the other two defendants heard concurrently with the demurrer. Background This action arises out of a long-running dispute among five siblings, the children of Silvio Garaventa, Sr. and Mary Garaventa, following the death of Mary Garaventa. The siblings are direct and indirect owners of the plaintiff, Garaventa Enterprises, Inc., a closely held corporation. (Compl. "115-25.) The Court will use first names of the siblings in th...
2023.06.15 Motion to Expunge Lis Pendens 623
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.15
Excerpt: ...s the burden on both these issues. (Code of Civil Procedure 5405.30; see also, Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647.) A motion to expunge a lis pendens usually involves two questions. First, is whether the complaint involves a real property claim. (Code of Civil Procedure 5405.31.) Defendant concedes that the complaint here involves a real property claim. Probable Validity of Plaintiff's Claim Next, the Court considers the merits ...
2023.06.15 Motion to Stay Complaint for Declaratory Relief 528
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.15
Excerpt: ...il October 20, 2023, and a CMC shall be set for 8:30 a.m. on September 19, 2023. Any party seeking to extend the stay will need to file a noticed motion seeking such relief. Background This action arises out of a long-running dispute among five siblings, the children of Silvio Garaventa, Sr. and Mary Garaventa, following the death of Mary Garaventa. The siblings are direct and indirect owners of the plaintiff, Garaventa Enterprises, Inc., a close...
2023.06.15 Motion to Set Aside Dismissal 024
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.15
Excerpt: ...alendar days before the next CMC. The parties shall update the court as to the status of the stay and whether it can be vacated. (4) Plaintiff shall file and serve notce of entry of this order. Background Plaintiff Kevin Winans filed this acton to recover damages for battery, use of excessive force, civil rights violations pursuant to 42 USC section 1983, etc., against Defendants City of Brentwood Police Department and Officers Jonathan Davis and...
2023.06.14 OSC Re Preliminary Injunction 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.06.14
Excerpt: ...013. For illustration purposes only, below is a picture of area in dispute: The red pinpoint (left) indicates Defendants' house. The purple square (center) identifies Plaintiff's house. The road leading from Defendants' home to Pleasant Hill Road is a roadway ingress/egress easement that the three houses jointly possess. That easement does not appear to be at issue in this proceeding. Instead, in the general area of the orange circle is the so-ca...
2023.06.14 Motion to Enforce Settlement 717
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.06.14
Excerpt: ...s ruling and in accordance with the applicable Local Rules. Background Plaintiff and defendant California Custom Metals, Inc. ("CCM") entered into a Settlement Agreement, a copy of which is attached as Exhibit A to the moton and supporting declaration of Plaintiffs counsel. The Settlement Agreement provides for a $70A)O payment to be made within 15 days after all parties executed the Settlement Agreement. (Mot./Yasman Decl. Exh. A, p. 7, Para. D....
2023.06.14 Motion for Preliminary Injunction 202
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.06.14
Excerpt: .... Code S 2923.7; (4) negligence; (5) negligent misrepresentation; (5) violation of Bus. & Prof. Code S 172CK) et seq.; (7) declaratory relief; (8) breach of the covenant of good faith and fair dealing; and (9) promissory estoppel. Before the Court is Plaintiff's Motion for preliminary injunction pursuant to Code of Civ. Proc. ("CCP") S 526, 527 and Civ. Code S 2924.12(a) (the "Motion"). The Motion is opposed by Defendant Fay Servicing, LLC ("Defe...
2023.06.14 Demurrer, Motion to Strike 125
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.06.14
Excerpt: ...lth's Request for Judicial Notce is denied. Although a court may judicially notice a SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 06/14/2023 Page 17 of 31 variety of matters (Evid. Code, S 450 et seq.), only relevant material may be noticed. (See, People ex rel. Lockyer v. Shamrock Foods Co. 24 Cal.4th 415, 422 ["any matter to be judicially noticed must b...
2023.06.12 Motion to Dismiss, for Monetary Sanctions 131
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.06.12
Excerpt: ...with California Rule of Court 3.112 regarding the required papers for Motions. Rule 3.1112 requires that the papers filed in support of a motion must consist of at least a notice of hearing on the motion, the motion itself, and a memorandum in support off the motion. (CRC 3.1112(a).) Defendant's Motion consists of just a single document, which moves the Court to dismiss the Complaint "on the basis of claim preclusion (Res Judicata), collateral es...
2023.06.12 Motion for Summary Judgment 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.06.12
Excerpt: ...unopposed MSJ is granted. Procedural Background Defendant GTE Mobilenet of California Limited Partnership (erroneously sued as Verizon California, lnc and GTE Corporation) filed its MS] on January 6, 2023. The hearing on the MS] was scheduled for April 10, 2023. Thus, Plaintiff's opposition was due on or before March 27, 2023. No opposition was filed at that time. Instead, on April 6 — two court days before the hearing — Plaintiff filed a mot...
2023.06.12 Motion for Summary Judgment
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.12
Excerpt: ...ide at property located at 180 Riverside Drive in Bay Po-nt. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) Both properties had a downward slope in the backyard. (AMF No. 4.) Defendants' predecessor o...
2023.06.12 Demurrer 613
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.06.12
Excerpt: ...s denied. District shall file its answer to the complaint of Jane Doe 3 by June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/12/2023 22, 2023. Background Plaintiffs, who filed this action under the pseudonyms "Jane Doe #1," "Jane Doe #2," and "Jane Doe #3," are three former students of defendant Miramonte High School, which is a high school operated by defendant...
2023.06.12 Demurrer 185
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.12
Excerpt: ...s sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, "uncertain" includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral." "Under general rules of civil procedure, an answer must contain the general or specific denial of the material allegations of the complaint controverted by the defendant and a stat...
2023.06.08 Motion for Final Approval of Class Action Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...0 class members and 128 PAGA aggrieved employees. Two packets were returned by the post office. Follow up resulted in one new address, leaving only one non-deliverable. No objections have been received, and only one class member opted out. E. Background and Settlement Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underp...
2023.06.08 Demurrer to FAC 715
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.08
Excerpt: ...se of Acton and denied, in part, as to the Second and Third Causes of Action, as fully explained below. Discussion Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 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 plaint...
2023.06.08 Demurrer to FACC 588
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.08
Excerpt: ..., filed this suit to recover for injuries sustained while operating a motor grader. Defendant American Equipment Company ("AMECO") allegedly manufactured, sold, or leased the defective equipment and defendant NorCal Rental Group, LLC ("NorCal") allegedly helped manufacture, supply and/or repair the defective equipment. On August 24, 2022, NorCal filed a cross- complaint against AMECO for express contractual indemnity. The cross-complaint alleged ...
2023.06.08 Motion for Preliminary Approval of Class and Representative Action 931
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...uired Victory in January 2021, and continued its business with the same work force. Victory and Thorpe were in the business of designing and installing fire protection systems. Delamora was employed as a pipefitter from 2016 to 2021; Cardenas, as a carpenter from 2020 to 2022. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/08/2023 2 Delamora's original complaint was ...
2023.06.08 Motion for New Trial 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.08
Excerpt: ...s filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June 10, 2022. Plaintiff filed fts initial opposition to the MS] on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ and ordering Defendant to re-file its opposition so as to comport with the applicable California Rules of Court and Code of Civil Procedure. No party contested this ...
2023.06.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 204
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...endant 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 25, 2021. A PAGA claim was added by amendment in January 2022. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-t...
2023.06.08 Motion for Preliminary Approval of Class Action Settlement 113
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...aintiff was employed there as a stylist in the summer of 2021. The original complaint was filed on October 17, 2021. A PAGA claim was added by amendment in December 2021. The settlement would create a gross settlement fund of $450,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $150,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs ...
2023.06.08 Motion for Summary Adjudication 264
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ... dba Certified Heating and Air Conditioning and dba Certified Solar, Heating & Air Conditioning ("Certified") and Brian Arlaud arises out of Plaintiffs' purchase of a heating and air conditioning system ("HVAC") from Certified. (Pl. Sep. Stmt. of Undisputed Material Facts ("LJMF"), Issue l, UMF No. 1.) They allege Certified gave them a written "18 Month Certified Trust Guarantee" when they bought the system. (UMF No. 3.) The Huslers contend they ...
2023.06.07 Motion for Summary Judgment 829
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.06.07
Excerpt: ...mately 2016 through 2018. (Separate Statement of Undisputed Material Fact in Support of Plaintiff's Motion, hereinafter "Plaintiff's SSUMF," Fact No. 1, and defendants' response.) Defendant Vivek Bansal is the sole owner and CEO of Vivek Bansal M.D., Inc. (Plaintiff's SSUMF, Fact No. 2, and defendants' response.) In 2018, plaintiff sued defendants in another county for violations of the California Labor Code and that case was transferred to this ...
2023.06.05 Motion to Enforce Settlement 376
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.05
Excerpt: ...time to be determined at the hearing and supplemental briefing as set forth. Background This case arises out of a boundary dispute between adjoining landowners. The parties both agree that they engaged in a mediation before a third party mediator, and that as a result of the mediation, the parties entered -nto a written settlement agreement entitled "Settlement Agreement and Mutual Release" (the "Settlement Agreement") which, pursuant to paragrap...
2023.06.05 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.05
Excerpt: ...gilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) 80th properties had a downward slope in the backyard. (AMF No. 4.)...
2023.06.05 Motion for Judgment on the Pleadings 127
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.06.05
Excerpt: ...l Notice ("RJN") regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549, overruled in part by Black Sky Capital, LLC v. Cobb (2019) 7 Cal.5th 156, 245.) Legal Standard The standard for granting a moton for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnettv. Chimney Sw...
2023.06.01 Petition to Compel Arbitration and Stay Proceeding 279
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...son Village Homes Corporation filed this action for breach of contract and negligence on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 6 February 7, 2023. Plaintiff is a nonprofit mutual housing corporation. Plaintiff currently has several hundred members who occupy over 400 housing units in Richmond, California. Rather than own individual properties themselves,...
2023.06.01 Motion to Strike Punitive Damages 155
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...ad litem) is suing the Defendant for negligence claims related to an accident. Defendant was driving when she hit Plaintiff who was crossing the street while in the crosswalk. Plaintiff is seeking punitive damages based on malice. The facts supporting punitive damages are that at the time of the accident, Defendant's driver's license was suspended for "lack of knowledge or skill". Defendant's license was suspended because she had slowed her vehic...

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