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2023.06.01 Motion to Confirm Arbitration Award 498
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...fendants' motion to confirm is granted, and Plaintiff's motion to vacate, change or correct the award is denied. Background This action involves a dispute over the assets of Katherine Hill-Ford, who died on November 30, 2015. Defendant Anita Budde is Hill's daughter. Plaintiff Lawrence Ford, who is not Budde's father, married Hill in 2006. Defendant Frankie Ross is Hill's financial advisor. Ford alleges that Hill filled out beneficiary designatio...
2023.06.01 Motion for Change of Venue 023
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...T OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 2 opposition and Joinder to the Motion. Defendant seeks to transfer the instant case to Calaveras County. For the following reasons, Defendant's motion is granted. Analysis The default venue for civil actions is "the superior court in either the county where the injury occurs or the injury causing death occurs or the county where...
2023.06.01 Demurrer, Motion to Strike 522
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...RIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 10 Plaintiff filed the Complaint initiating this matter on March 13, 2023. She filed proofs of service of summons indicating that both Defendants, County of Contra Costa and Arnold Josselson, M.D., were personally served with the summons and Complaint on March 17, 2023 by delivering copies of her filings with the Board o...
2023.06.01 Motion to Compel Responses 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.01
Excerpt: ... interrogatories, stating that counsel "lost track of this discovery amongst the Wluminous sets of burdensome discovery by the numerous Defendants in this matter". However, it is plaintiff that chose to sue some 20 defendants in this case; it should have been prepared to respond to discovery from all of them. And as seen in its opposition to the trial-scheduling motion still pending, it is plaintiff that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA...
2023.06.01 Motion for Determination of Good Faith Settlement 799
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.01
Excerpt: ...p on which plaintiff tripped or slipped. The Rabinovicis own the adjacent residence. They are not accused of doing anything to cause the alleged dangerous condition — only of not having remedied it. The City cites a municipal ordinance requiring adjacent property owners to maintain sidewalks in a non- dangerous condition, and to "repair and replace" such sidewalks whenever necessary to maintain them in nan-dangerous condition. SUPERIOR COURT OF...
2023.06.01 Motion for Summary Judgment 423
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...ure to meet their initial burden. Background Plaintiffs seek to quiet title against defendant Shadelands Medical Center Owners Association. Defendant is the owners association of owners of units in the Shadelands Medical Center condominium project ("Shadelands"), a common interest development as defined in Section 4100 of the California Civil Code. Historically, Shadelands was developed by Vertical Ventures - Wiget Lane, LLC ("Vertical"). Vertica...
2023.06.01 Motion for Summary Judgment 204
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.06.01
Excerpt: ...vor of Defendants. Factual Background Plaintiff alleges that he was injured in a motor vehicle accident by an ambulance operated by Michael Dayton and owned by AMR. The form complaint alleges those facts, that the accident occurred on April 23, 2019 on Clayton Road in Concord, and that Defendants' acts were negligent. (Attachment to Compl.) The Complaint alleges one cause of achon for negligence arising out of the accident. The Complaint was file...
2023.05.31 Motion for Preliminary Injunction 202
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.05.31
Excerpt: ... Code S 2923.7; (4) negligence; (5) negligent misrepresentation; (5) violation of Bus. & Prof. Code S 17200 et seq.; (7) declaratory relief; (8) breach of the covenant of good faith and fair dealing; and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/31/2023 (9) promissory estoppel. Before the Court is Plaintiff's Motion for preliminary injunction pursua...
2023.05.31 Demurrer 725
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.05.31
Excerpt: ...filed a cross-complaint against Insalaco and Lomax for declaratory and injunctive relief. PHH alleges that Insalaco executed a deed of trust in favor of WMC Mortgage Corporation in 2005. (Cross-Comp. 95 and Ex. 1.) Wells Fargo is the current owner of the loan and PHH is the current servicer of the loan. (Cross-Comp. "7-8.) Paragraph 11 of the deed of trust states in part that "[lin the event of a total taking, destruction, or loss in value of the...
2023.05.25 Demurrer to SAC 901
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...nsidering Jorgensen, she missed the deadline for filing an LWDA notice by two years. And looking to the effect of Jorgensen's notice and complaint, although the parties argue about whether Chayrez does or doesn't get to piggyback onto what Jorgensen had done, doesn't matter much because even if Chayrez steps fully into Jorgensen's LWDA notice and complaint, Jorgensen's position was that of representing employees for a PAGA period that didn't star...
2023.05.25 Demurrer 188
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ... to Richmond's adoption of a new business tax mulel ("Measure U" or "the Richmond Business Tax") based on business' gross receipts instead of a flat tax rate. The new system, which was originally promoted as being "based on the Berkeley Model," results in significant increased taxes on plaintiffs. Plaintiffs allege their taxes have increased by a factor of more than and that their class of businesses, Class C, is disproportionately affected. (See...
2023.05.25 Motion for Approval of PAGA Settlement 804
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...ployed by some of the defendants during the relevant time period. 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. In particular, plaintiffs assert alleged violations for off-the-clock work, meal and rest breaks, reporting time...
2023.05.25 Motion for Final Approval of Class Action Settlement 497
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...ator has mailed notices to 859 class members. 114 packets were returned by the post office. Follow up resulted in 73 new addresses, leaving 39 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms The original complaint was filed on March 9, 2020. There are a number of claims in the complaint, but they all arise generally from the allegation that defendant made a practic...
2023.05.25 Motion for Preliminary Approval of Class and PAGA Action Settlement 874
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...y products in agriculture and structural pest control. Plaintiffs were employed (Desantis formerly, and Barnes currently) as workers in a warehouse facility in California. The original complaint was filed by Desantis on September 8, 2021 as a class action and PAGA case. Barnes filed a parallel class action complaint on February 18, 2022. The settlement would create a gross settlement fund of $372,500. The class representative payments to the name...
2023.05.25 Motion for Summary Judgment 603
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...about which causes of achon include Ralph Padilla (as opposed to Padilla Construction Company). Perhaps out of an excess of caution, Ralph Padilla sought summary adjudication as to causes of action one, two and three. In the opposition, however, plaintiffs confirmed that they are suing Ralph Padilla only for negligence (cause of action one). The Court's review of the fourth amended complaint also shows that plaintiffs are not suing Ralph Padilla ...
2023.05.25 Petition on Writ of Mandate 091
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.05.25
Excerpt: ...is hearing. The Court has provided a tentatve ruling on this matter to assist the parties in preparing for argument. The Court has not reached a final decision on this matter. l. BACKGROUND Real Party in Interest Marathon Petroleum Company operated an oil refinery in Martinez. The refinery operated for 107 years, until it stopped operating in April of 2020. It now proposes to repurpose the refinery into a renewable fuels refinery, i.e., a refiner...
2023.05.24 Petition to Compel Arbitration 005
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.05.24
Excerpt: ...e arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq. ('FAA") or by the California Arbitration Act, Code of Civil Procedure section 1280 et seq. ("CAA'I), is the threshold issue of whether a valid and enforceable agreement to arbitrate exists is determined under California law and procedures. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413; Code Civ. Proc. SS 1281, 1281.2, 129...
2023.05.24 Motion to Set Aside Default, Judgment 412
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.05.24
Excerpt: ...e 13, 2023. Plaintiff's supplemental opposition, if any, is due no later than June 20, 2023. Relevant Background Plaintiff Jasvir Singh Shahi ("Plaintiff") filed this breach of contract action on November 8, 2022. Plaintiff alleges he entered into an oral construction contract with Defendant Felipe Pena ("Defendant") which Defendant breached, resulting in damages to Plaintiff in the amount of $106,930. According to the proof of service filed on J...
2023.05.24 Motion to Dismiss for Failure to Timely File Amended Complaint 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.05.24
Excerpt: ...udice. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/24/2023 Procedural Background Plaintiff initiated this matter by filing her Complaint on March 24, 2022. Defendant was not served until August, and thereafter filed a demurrer to the Complaint on September 16, 2022. Instead of filing an opposition, Plaintiff filed her First Amended Complaint (FAC) on ...
2023.05.24 Demurrer, Motion for Consolidation or to Stay Unlawful Detainer 406
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.05.24
Excerpt: ...ion 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. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/24/2023 For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial ...
2023.05.22 Motion for Judgment on the Pleadings 760
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.22
Excerpt: ... judgment on the pleadings on the fourth cause of action for financial elder abuse alleged in Plaintiffs' Second Amended Complaint ("2AC '). For the reasons set forth, the motion is denied. Background Plaintiffs George Byers and Sheila Byers allege they are both over 65 and that Mrs. Byers is largely confined to a wheelchair. (Second Amended Complaint ("2AC") 1.) They have sued their homeowners insurance carrier defendant USAA General Indemnity C...
2023.05.22 Demurrer 445
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.22
Excerpt: ...icensed contractor — B&P S Code 7031; (3) breach of implied covenant to perform work in a good and competent manner — construction; (4) negligent design and construction; (5) violation of B&P Code S 7160; (5) recovery on contractor's state license bond; (7) declaratory relief; and (8) injunctive relief. All causes of action, except cause of action 6, are alleged against Cross-Defendant Monte Blanco General Construction, Inc. ("Monte Blanco")....
2023.05.22 Joinder of Necessary Parties 042
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.22
Excerpt: ...("Motion"). Appearances are required by all Parties to discuss how they would like to proceed based on the Conclusion at the end of this Tentatve Ruling. The required hearing will take place on Tuesday, May 23, 2023 at 10:30 a.m. Background Defendant Susan Dixon owns real property located at 820 Bates Avenue in El Cerrito, California ("Dixon Property"). The Dixon Property is bordered, either directly or next to an easement, by 12 other properties...
2023.05.22 Motion to Contest Application for GPS 397
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.22
Excerpt: ...ion, if he can provide additional information on his financial situation and/or there is other that becomes available in the future. Defendant Christian Cizek's motion contesting the good faith application by Manuel TelloChavez is denied. The Court finds that the settlement between Plaintiff and Tello-Chavez is in good faith pursuant to Code of Civil Procedure section 877.6. The party claiming that a settlement is not in good faith under Code of ...
2023.05.22 Motion to Enforce Settlement 569
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.22
Excerpt: ...aintiffs' Motion is granted. Procedural Background On October 11, 2022, the Parties attended a settlement conference before court appointed mediator Jessica Braverman. After exhaustive negotiations, the parties came to an agreement to settle the case. That same day, all four Parties, i.e. Plaintiffs Manuel ü)pez and Helen Kei and Defendants Gregory and Dana Freeman, signed a Settlement Agreement setting forth the terms and conditions of the sett...
2023.05.22 Motion to Set Aside Default, Judgment 746
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.22
Excerpt: ...Sahar, Nathan Sahar, and Michele Sahar filed the initial complaint in this matter, Case No. C22-00746 (the "Present Matter"), by dropping the necessary papers in the Red Drop box outside of the 1st floor entrance to the Martinez Civil Courthouse on that date. o Plaintiff contends that this was "the Court's required process at this time for filing of civil documents." (emphasis added.) This statement is incorrect, as the Court's filing window was ...
2023.05.22 Petition to Compel Arbitration 264
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.22
Excerpt: ...r filed its own motion.) Plaintiff, Nancy Lowenstein, moves for trial preference. The motions to compel arbitration, and the joinder, are granted. All further proceedings (including the motion for trial preference and plaintiff's third cause of action against Legacy) are stayed pending the outcome of arbitration. (Code Civ. Proc., S 1281.4.) Parties are encouraged to proceed jointly with a single arbitration proceeding. The Court sets a hearing d...
2023.05.18 Demurrer to FAC 693
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.18
Excerpt: ...n complaint against John Muir Health (JMH). The Court previously sustained in part a demurrer to their original complaint. Plaintiffs allege that each of them is a Facebook user which gives them a unique Facebook ID associated with their Facebook profile and account. (FAC 55, 91, 95, 101, 106.) They further SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/18/2023 2 all...
2023.05.18 Demurrer 290
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.18
Excerpt: ... alleges Fay Servicing, LLC ("Fay") is the servicer for her mortgage loan secured by the Property. (Compl. 2, 5.) She alleges she submitted "a completed loan modification application" to Fay on "December 13, 2021," though she contends in her opposition the date is a typographical error and is really December 13, 2022. (Compl. '1 9; Opp. p. 3, II. 19-23.) Plaintiff alleges on January 17, 2023, Fay requested her two most recent paystubs, which she ...
2023.05.18 Motion to Strike FAC 258
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.18
Excerpt: ...gainst David Eckert, Baywoods Homeowners Association (hereinafter "Baywood HOA"), and Homeowners Management Co., LLC. The action was filed on October 28, 2021, and the operative First Amended Complaint ("FAC") was filed on August 19, 2022. The FAC purports to allege three causes of action using a judicial council form complaint: (1) breach of contract, (2) general negligence, and (3) intentional tort. Specifically, plaintiff alleges that on or ab...
2023.05.18 Motion for Class Certification 142
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.18
Excerpt: .... For the following reasons, the Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/18/2023 Page 11 of 26 Request for Judicial Notice Plaintiffs' unopposed request for judicial notice of Contra Costa County Tax Assessor Records and California Department of Energy Climate Zone Designations by Zip Code is granted. (Evid. Code SS 452, 453.) General Description...
2023.05.18 Motion for Reconsideration, to Vacate Dismissal, Place Matter Back on Calendar 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.18
Excerpt: ...lace Matter Back on Active calendar ("Motion"). For the reasons set forth below, the Moton is denied. However, the Court on its own moton will reconsider its earlier ruling in a very limited manner as set forth at the end of this order. Plaintiff is granted limited leave to amend as set forth below. Procedural Background Plaintiff filed the Complaint in this matter on December 30, 2020. The Complaint pertains to alleged injuries sustained by Plai...
2023.05.18 Motion for Preliminary Approval of Class Action Settlement 868
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.18
Excerpt: ...ffice position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were added by amendment in December 2022, and additional claims added in March 2023. The settlement would create a gross settlement fund of $750,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $250,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administra...
2023.05.15 Demurrer 676
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.15
Excerpt: ...d denied, in part, as fully explained below. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence, but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1365, 1375; Kalnoki v. First American Trustee Servicing Solu...
2023.05.15 Demurrer 627
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.15
Excerpt: .../A (breach of fiduciary duty) — sustained, with leave to amend. Background Plaintiff Pearl Seaborn is the former spouse of Charles Lee Seaborn, now deceased. She alleges that she and her husband became the owners of a residential property on Bismarck Terrace in Brentwood, California (the "Property") in 2001. (Fourth Amended Complaint ("4AC') "1 2, 15-17.) She alleges in February 2005, a forged Interspousal Transfer Grant Deed ("Interspousal Dee...
2023.05.15 Motion for Leave to File TAC 337
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.15
Excerpt: ...onal practice in performing Slava's hernia surgery and his treatment. Plaintiff Slava alleges the Contra Costa Regional Medical Center ("medical center"), on whose behalf the County is appearing in the action, is vicariously liable for Dr. Berguer's negligence as his employer. Plaintiff Ilga Viner ("Ilga") is Slava's wife. The current operative pleading is the Second Amended Complaint ("2AC'). Plaintiffs seek leave to file a Third Amended Complai...
2023.05.15 Motion for Summary Judgment 966
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.05.15
Excerpt: ...erra" or "defendant"), which operates drug and alcohol treatment centers. (Separate Statement of undisputed Material Fact, hereinafter "SSUMF," Fact Nos. 1-2, and plaintiff's response.) Approximately a month later, she was promoted to Interim Director of Nursing. (SSUMF, Fact No. 4, and plaintiff's response.) In that capacity, plaintiff received two disciplinary "write-ups," one for failing to regulate overtime for nursing staff and another for f...
2023.05.15 Petition to Compel Arbitration 420
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.15
Excerpt: ... and Brook Andrew Woolley, M.D. ("Kaiser Defendants"). For the reasons set forth, and subject to the Kaiser Defendants making the supplemental submission addressed below at or prior to the hearing on the petition, the petition is granted as to all claims by Plaintiff in her individual and representative capacities against the Kaiser Defendants; the motion to stay the action is granted as modified by the Court pursuant to Code of Civil Procedure s...
2023.05.11 Motion to Strike or Tax Costs 024
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.11
Excerpt: ...23 the Court issued an Order awarding and striking certain costs to Defendant for prevailing on Susan Clancy's claims. On behalf of Timothy Clancy, plaintiff has filed a memorandum of costs, and Defendant has filed a motion to tax costs claiming that certain of the costs are non-recoverable. Analysis Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. To ob...
2023.05.11 Motion to Expunge Lis Pendens, for Sanctions 623
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.11
Excerpt: ... value under the Probate Code. Probate Code section 18100 states that "[w]ith respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them... The third person is fully protected in dealing with or assisting the trustee just ...
2023.05.11 Motion for Final Approval of Settlement, Attorney Fees 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ted, the administrator has mailed notces to 951 class members. Fourteen packets were returned by the post office. Follow up resulted in 10 new addresses, leaving 4 non- deliverable. No objections or requests to opt out have been received. 12 Both motions are granted. A. Background and Settlement Terms The original complaint was filed on September 28, 2020, raising claims under PAGA and a class action on behalf of non-exempt employees, alleging th...
2023.05.11 Motion for Final Approval of Class Action Settlement 073
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ator has mailed notices to 533 class members. One packet was returned by the post offce. Follow up resulted in a new address, leaving none non-deliverable. No objections have been received, and only three class members have requested exclusion from the class settlement. The Court notes some confusion as to the amount of the settlement administration cost. The estimate at the time of preliminary approval was $11,857.70. Now the body of the motion ...
2023.05.11 Motion for Class Certification 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ourt ...." "The party advocating class treatment must demonstrate the existence of [1] an ascertainable and sufficiently numerous class, [2] a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.]" (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also Code of Civil Procedure S 382.) Plaintiff has the burden of showin...
2023.05.11 Motion for Class Certification 155
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...present are current or previous Operators that worked at Chevron's oil refinery in Richmond, California. The Operators belonged to a union (United Steelworkers Local 5), which was the sole bargaining representative of Chevron's employees. The union and Chevron had a collective bargaining agreement which covered the Operators throughout the period of November 25, 2019 through May 30, 2022. (Mohon at 9:22-28.) The collective bargaining agreement co...
2023.05.11 Demurrer to TAP for Writ of Mandamus 354
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.05.11
Excerpt: ...f Rights [42 U.S.C. S 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. S 10851; and (4) declaratory relief. For the reasons set forth below, the City's Demurrer is sustained without leave to amend. (CCP S 430.10(e).) The City's Request for Judicial Notce regarding Ordinance No. 801-C-S, Ordinance No. 2133-C-S, Right-of-Way Agreements between the City and SFPP, L.P., and the certified transcript of the February 2, 202...
2023.05.11 Motion to Confirm Arbitration Award 498
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.11
Excerpt: ...tration award. For the reasons set forth, the Court requests supplemental briefing by the parties before the Court issues a ruling on the merits of the motion. The parties shall file and serve supplemental briefs no longer than 10 pages double-spaced by May 22, 2023 addressing the issues set forth below. The hearing on the motion and Plaintiff's response is continued to 9:00 a.m. on June 1, 2023. On July 21, 2022, Ford commenced an arbitration be...
2023.05.08 Petition to Compel Arbitration and Stay Proceedings Pending Arbitration 116
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.08
Excerpt: ...tion. Procedural Background This matter pertains to claims made by Plaintiff Corporate Immigration Partners, LLP (a aw firm) relating to actions taken by former employee, Defendant Gina Sales-Cengiz (an attorney) before, during, and after her leaving her employment with Defendant. Defendant is alleged to have given notice of her intent to resign on December 23, 2022, with an effective date of January 12, 2023. During those last two weeks of emplo...
2023.05.08 Motion for Leave to File FAC 797
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.08
Excerpt: ...le, Lafayette, on December 30, 2022. The case does not have a trial date. Plaintiff now seeks to file a first amended complaint to (1) add her daughter, Mirabel Connor, as a plaintiff; (2) add a cause of achon for constructive eviction on behalf of Mirabel; and (3) make changes that are administrative in nature. Defendants oppose. Applicable Law It is well-established under California law that leave to amend is to be granted liberally, to accompl...
2023.05.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 038
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...al among wage-and-hour cases, in that its sole focus is on a failure- of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant failed to reimburse employees for the cost of obtaining personal protective gear (such as masks) during the COVID crisis. The original complaint was filed on October 8, 2020. After a demurrer ruling, an amended SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART...
2023.05.04 Demurrer, Motion to Strike 076
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.04
Excerpt: ...ice Kugler (collectively "Defendants")'s Demurrer to Plaintiff Maureen Mbadike-obiora, MD ("Plaintiff" or "Dr. Mbadikeobiora")'s Fourth Amended Complaint for (1) breach of contract, (2) accounting, (3) breach of fiduciary duty, (4) breach of implied covenant of gtnd faith and fair dealing, (5) intentional and negligent misrepresentation, and (6) declaratory relief. For the following reasons, Defendants Demurrer is sustained, with leave to amend. ...
2023.05.04 Demurrer, Motion to Strike 597
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.04
Excerpt: ... CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 and S 430.50(a) on the grounds that "the underlying Notice of Termination is fatally defective because it failed to serve the appropriate Tenant and the Landlord is estopped from enforcing the Sublease." (Notice at 1:27-28.) For the following reasons, the Demurrer is overruled. Legal Standard "The function of a demurrer is to test th...
2023.05.04 Motion for Summary Judgment, Adjudication 134
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...ENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 7 Facts ["UMF"] No. 1; Neeno Decl. par. 3; Defs.' Additional undisputed Material Fact ["AUMF"] No. 1.) The Neeno Property is located near the top of the Martinez Ridge in or adjacent to the Muir Oaks subdivision of Martinez and was undeveloped when plaintiff purchased it. (AUMF No. 3.) The only paved access to the Neeno property is from Alhambra Avenue, a public road, is by using f...
2023.05.04 Motion for Preliminary Approval of Class Action Settlement 753
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...ment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 20 The original complaint was filed on August 27, 2021 as a class action. It was later amended to add a PAGA claim. The settlement would create a gross settlement fund of $395,000, payable in two equal insta...
2023.05.04 Motion to Compel Arbitration 735
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...reement between the parties that cover this actions' claims. The motion is denied, because in the Court's view defendant has waived the right to seek arbitration. The Agreement to Arbitrate Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. SS 1 et seq., or by the California Arbitration Act, Code of Civil Procedure SS 1280 et seq., the threshold issue of whether a valid and enforceable agreement to arbitrate ex...
2023.05.04 OSC Re Contempt 129
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...y that award of attorney fees has not been paid, and defendants seek to enforce it by contempt order. Left unspoken, however, is exactly what defendants mean by a "contempt order". What exactly do they contemplate the Court is supposed to do as a response to a contempt of court consisting of nonpayment of a judgment? Issue another order that Lewis pay up? Put him in jail? Give him a criminal conviction? Or what? It doesn't appear that defendants ...
2023.05.04 Motion for Summary Judgment 268
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.05.04
Excerpt: ... CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 Factual Background Plaintiff owns a 2008 GMC Yukon 1500 (the "Vehicle"). The Vehicle was towed to Defendant Lehmer's Concord Buick GMC ("Defendant") on or about May 13, 2020 as it was having engine problems. This included sputtering of the engine and an illuminated 'check engine' light. Defendant inspected the Vehicle and determined there was an...
2023.05.01 Motion for Summary Adjudication 142
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.05.01
Excerpt: ...ckhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Constructon (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Declaration of Covenants, Conditions and Restrictions for Blackhawk Meadows (the "CC&Rs") by Defendants. Plaintiff seeks: (1) injunctive relief...
2023.04.27 Motion for Final Approval of Class Action and PAGA Settlement 462
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...ng on the same day, Line 9.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 1,149 class members. 119 packets were returned by the post office. Follow up resulted in 112 new addresses, leaving 7 non-deliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALI...
2023.04.27 Demurrer 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...is sustained with leave to amend. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 4 Standard A court assessing a demurrer accepts as true the facts pleaded in the complaint, but rejects contentions, deductions and conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 956-67.) he Court giv...
2023.04.27 Demurrers 535
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.27
Excerpt: ...Jnbud Dawod Hadu ("Sister" for convenience) alleges she is the sister of Sabiha Campbell ("Campbell" or "Decedent") who died in May 2022. (First Amended Complaint ("FAC") 4, 19.) Plaintiff Francis George Yacoub ("Nephew" for convenience) alleges he is the Decedent's nephew. (FAC '14.) Campbell lived in Basra, Iraq, moved to California in approximately 1976, and married John Campbell approximately two years later. (FAC 5-7.) John Campbell died in ...
2023.04.27 Demurrer to FAC 506
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.27
Excerpt: ...-Fraudulent Inducement-concealment." Defendant demurs to this fourth cause of action for fraud on the basis that the complaint fails to state facts sufficient to constitute a SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/27/2023 cause of acton. (Cal. Code Civ. Proc. S 430.10(e).) Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Defendant's moton t...
2023.04.27 Motion for Final Approval of Class Action Settlement 481
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...otion for preliminary of her wage-and-hour case and settlement (MSC20- 00452), set for hearing on the same day, Line 8.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 7,873 class members. 1,298 packets were returned by the post office. Follow up resulted in 1,189 new addresses, leaving 10...
2023.04.27 Motion to Compel Production of Docs in Compliance with Deposition Subpoena 633
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...ions or other issues requiring ruling as to these categories. Kalamas's counsel has informed defendants' counsel that Kalamas has no documents (or no documents not already SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 2 produced) responsive to these categories. Defendants' counsel basically offer to take that as an answer, provided Kalamas gives them a writt...
2023.04.27 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...Gate Project consistent with various applicable laws. They also seek a determination from this Court that the Project is consistent with the City's standards, and that the City cannot require a zoning amendment. The Court previously requested supplemental briefing to address several questions concerning Chapter 17.486 of the City's Municipal Code, the "blank map" located at section 17.486M8 of that Chapter, ripeness and the issues before the Plan...
2023.04.27 Petition to Compel Arbitration 384
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.27
Excerpt: ...ders, LLC (the general contractor) when it filed its complaint on November 17, 2020 against Defendant ProFrame, Inc. (the framing subcontractor). The initial Complaint contained a single cause of action for breach of contract. Exhibit 1 to the Complaint is the Subcontract between West Creek and ProFrame — drafted by West Creek — which contains the arbitration clause at issue. Thereafter, there were a number of pleadings filed as outlined belo...
2023.04.26 Motion to Transfer Venue 652
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.26
Excerpt: ...urt of Alameda County. For the following reasons, Plaintiffs motion is granted and Defendant's moton is denied. Analysis The default venue for civil actions is "the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action," but this rule may be overridden by other statutory provisions and is subject to the Court's pow...
2023.04.26 Motion for Summary Judgment 015
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.26
Excerpt: ...on Tovar-Gonzales. These facts are taken from Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 04/26/2023 statement of Additional Material Facts in Opposition to Motion for Summary Judgment ("AMF"). Defendants do not dispute these facts. On January 14, 2020, Plaintiff was seen by Defendant Dr. Davis at the Pinnacle Healthcare Clinic in Los Banos, ...
2023.04.26 Motion for Summary Adjudication 047
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.26
Excerpt: ...Plaintiff owns a single-family home located at 859 Mountain View Drive in Lafayette, California (the "Property"). In approximately 2016, Plaintiff determined that the Property was having problems with subsidence and cracking. Plaintiff contracted with Defendant EagleLift, Inc. ("Defendant" or "Eaglelift") to perform foundation work on the Property to fix the issues. In accordance with the contract, the plans for the work were to be prepared by Al...
2023.04.24 Motion to Set Aside Default, Judgment 150
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.24
Excerpt: ...DATE: 04/24/2023 Page 25 of 27 vacated. Defendant shall file and serve a responsive pleading within 10 days of the date of this order. Background Plaintiff filed this action for breach of contract and common counts on June 7, 2022. Plaintiff alleges he purchased a 2018 Honda Accord for $27,487.19 and that Defendant Kallista Sauer-minder agreed to pay Plaintiff $900 per month in exchange for the use of the vehicle until the purchase price was paid...
2023.04.24 Motion to Expunge Lis Pendens 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.24
Excerpt: ...t if the Court granted performance, the only claim on which a lis could be based. Plaintiff contested the tentative ruling and requested leave to submit supplemental briefing and evidence of Plaintiff's ability to #rform. The Court continued the hearing to April 24, 2023 for the submission of supplemental evidence and briefing. What follows is the Court's tentative ruling issued in advance of the March 27, 2023 hearing, a summary of the parties' ...
2023.04.24 Motion for Summary Judgment, Adjudication 377
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.24
Excerpt: ...m Complaint, the Complaint also includes a narrative attachment along with several exhibits. It does not identify causes of action by title, but Plaintiff has not objected to Defendant's characterization of the Complaint as one for (1) retaliation under California public policy, (2) retaliation under Labor Code S 1102.5, (3) discrimination under Title VII, (4) discrimination under FEHA, (5) disability accommodation, (7) retaliation under FEHA, an...
2023.04.24 Motion for Judgment on the Pleadings 196
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.24
Excerpt: ...uest for judicial notice is granted, but unnecessary as the Court can review its own files without need for judicial notice. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with matters that may be judicially noticed, it ...
2023.04.24 Demurrer 127
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.24
Excerpt: ...o amend as to all causes of action except the second, which is without leave to amend. The motion to strike is moot. Plaintiff may file and serve an amended complaint by May 4, 2023. l. Background According to the complaint, plaintiff is the rightful owner of 4022 Salem Street, Concord, CA 94521. (Complaint, 91.) Plaintiff owned the home subject to a 2005 deed of trust, which was assigned several times between 2005 and 2023, most recently to SC6 ...
2023.04.20 Motion to Strike New Causes of Action 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.20
Excerpt: ...at they were added without leave of Court. Argus also moves to strike the request and prayer for punt-ive damages on the grounds that they were added without leave of Court and that the SAXC contains no factual allegations against Argus to support an award of punitive damages. For the following reasons, the motion is granted. Judicial Notice Argus's unopposed Request for Judicial Notice is denied. The Court does not require judicial notce for doc...
2023.04.20 Demurrer 818
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.20
Excerpt: ...d on behalf of the People. Plaintiffs allege that defendants Monsanto Company, Solutia, Inc. and Pharmacia LLC are successors to a prior corporate iteration of Monsanto Company. (For purposes of this demurrer, the corporate distinctions among these entites is irrelevant and will be ignored; they will all be referred to as Monsanto.) Plaintiffs allege that Monsanto sold the chemical compound polychlorinated biphenyl (PCB) and products containing P...
2023.04.19 Motion for Summary Judgment, Adjudication 481
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.19
Excerpt: ...granted. Pursuant to the Evidence CtNle, "courts have taken judicial notice of the existence and recordation of real property records, including deeds of trust, when the authenticity of the duuments is not challenged." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264.) "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction refl...
2023.04.19 Petition to Compel Arbitration 376
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.19
Excerpt: ... six causes of action, four against Ford under the Song- Beverly Consumer Warranty Act, Civil Code secton 1790, et seq. (the "Song-Beverly Act which includes California's "Lemon Law;" a cause of action against Ford for fraudulent inducement-concealment; and a sixth cause of action against the dealership for negligent repair. Both Ford and the dealership filed concurrent motons to compel arbitration on February 27, 2023. On April 6, 2023, Plaintif...
2023.04.17 Motion for Summary Adjudication 142
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ... MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/17/2023 within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Construction (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Dec...
2023.04.17 Motion for Reconsideration of Rescission Motion 119
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...ce S. Chou ("Defendant") was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Parties attended a Mandatory Settlement Conference ("MSC"), wherein the Partes reached a verbal agreement to resolve the dispute. The general terms of the agreement were reduced to writing in a document titled: "Settlement Agreement." Each of the Par...
2023.04.17 Motion for Leave to File FACC to Add Prayer for Punitive Damages 019
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...m an auto versus pedestrian accident in which Plaintiff was injured. Plaintiff now moves to amend the complaint to include punitive damages allegations against Defendant Teresa Maria Tam. Plaintiff claims she learned in discovery that Defendant was intoxicated at the time of the accident, with a BAC of .255. Defendant opposes the motion. Defendant argues the Plaintiff unduly delayed in seeking the amendment, which is not based on newly discovered...
2023.04.17 Demurrer, Motion to Strike 355
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...und Plaintiffs Robert Mortiz and 80b Moritz Reliable Plumbing Service, Inc. ("Plaintiffs") allege they purchased a new 2019 Chevrolet Silverado 2500 on January 23, 2019. (Compl. 8, 33.) (Though named in the Complaint and other pleadings as "Robert Mortiz," the correct name appears to be "Robert Moritz" according to the vehicle purchase agreement, Exhibit 1 attached to the Complaint.) The vehicle is manufactured by defendant General Motors, LLC ("...
2023.04.17 Demurrer to SAC 218
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.17
Excerpt: ...n for a civil harassment restraining order. This case was originally filed as an unlawful detainer complaint on October 6, 2020. Prior to trial, Defendant vacated the property. This case was then reclassified as an ordinary civil case on January 12, 2021. Defendant filed a cross-complaint on February 23, 2021. Plaintiffs filed a first amended complaint on September 16, 2022, which included the claims at issue in this demurrer. Plaintiffs then fil...
2023.04.17 Demurrer to FAC 699
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...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 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 J...
2023.04.17 Demurrer 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.17
Excerpt: ...hment / quantum meruit; (8) promissory estoppel; and (9) civil conspiracy. Defendant demurs to all Plaintiff's causes of action on several grounds pursuant to Code of Civil Procedure ("CCP") S 430.10(e) and (f). For the following reasons, the Demurrer is overruled. 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...
2023.04.17 Application to Attach Order 335
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...ic facts are not in dispute. Lena and Defendants entered into a written lease for a commercial property in San Ramon in May 2014. That lease was set to expire in May 2024. In early 2022, Defendants vacated the premises and returned possession to Lena. Subsequently, Lena sued Defendants, seeking, inter alia, recovery for past due unpaid rent, costs to restore the property, and future uncollected rent. The suit also seeks attorneys' fees and legal ...
2023.04.17 Application for Right to Attach Order 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.17
Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transacton for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendant...
2023.04.17 Motion Re Interlocutory Judgment of Partition by Sale 496
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...ned, the manner of partition." (Code Civ. Proc., S 872.720, subd. (a).) The manner of partition may be in kind or by sale. (Code Civ. Proc., SS 873.210- 873.50.) Partiton in kind is favored. (Butte Creek Island Ranch v. Crim (1982) 136 Cal.App.3d 360, 365.) In lieu of dividing the property among the parties, the court shall order the property be sold and the proceeds divided among the parties [if] the court determines sale and division of the pro...
2023.04.13 Motion to Compel Arbitration 164
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...ofers and Allied Workers, AFL-CIO and Associated Roofing Contractors of the Bay Area Counties attached as Exhibit A to the Bernal Declaration. Defendant's request for dismissal of the action in connection with the motion is denied; the Court in its discretion orders the action stayed pending completion of the arbitration. The parties shall appear at the further case management conference set at 8:30 a.m. on October 2, 2023 and advise the Court of...
2023.04.13 Motion for Final Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...e class consists of employees who directly provide those services. Preliminary approval of the proposed settlement was granted on November 28, 2022. Since preliminary approval was granted, the administrator has mailed notices to 2,141 class members. 133 packets were returned by the post office. Follow up resulted in 88 new addresses, leaving 46 non-deliverable. No objections or requests to opt out have been received. The motion for final approval...
2023.04.13 Motion for Stay Pending Appeal 503
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.04.13
Excerpt: ...e Notice of Exemption, pending compliance with CEQA. It did not direct respondent as to what must be done to comply with CEQA. Judgment was filed the same day. On March 30, the Court granted Reabold's application to modify the Peremptory Wrt of Mandate to extend the return date from April 3, 2023, to May 15, 2023. The matter is not automatically stayed pending appeal. (Daly v. San Bernardino County Bd. Of Supervisors (2021) 11 Cal.5th 1030, 1034....
2023.04.13 Motion to Set Aside Demurrer 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.13
Excerpt: ...tained with leave to amend. Fairfield shall file and serve an appropriately numbered, amended cross-complaint within 30 days of this order. (2) James shall file and serve an answer or other responsive pleading within 30 days of service SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 35 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/13/2023 Page 2 of 8 of the amended cross-complaint. Background On June 30, 2020, Plaintiff...
2023.04.13 Motion to Compel Arbitration and Stay Proceedings 756
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...employee of Defendant Matternet, Inc., a drone manufacturer and operator. Plaintiff was hired on February 28, 2022 as a drone "Visual Observer." On March 1, 2022, Plaintiff electronically signed various onboarding documents. Among them was an "At-Will Employment, Confidential Information, Invention Agreement, and Arbitration Agreement" ("Agreement"), which stated: "...l AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WIT...
2023.04.13 Motion to Dismiss SACC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...wart and Cross-complainant Agra Tech, Inc. designates the Civil Court in Rotterdam, the Netherlands as the exclusive forum for litigation between them. For the following reasons, the motion is denied. Evidentiary Matters Zwart's unopposed Request for Judicial Notice is denied. The Court does not require judicial notice for documents already in its own case file. The Court need not address Zwart's objections to the Sinke declaration. The Court has...
2023.04.13 Motion to Vacate Court Order of Dismissal 526
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...ble neglect". And in the alternative, plaintiffs invoke the later provision of the subdivision, for vacating any dismissal based on "an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect". The motion is granted on the second of these alternative grounds. The statute provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgmen...
2023.04.12 Motion to Compel Arbitratrion, to Confirm Contractual Arbitration Award 415
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.12
Excerpt: ...c.'s Petition. However, given the issues related to requested attorney fees and costs, the Parties are required to appear to discuss. Procedural Background Plaintiff filed her Complaint commencing this action on November 22, 2019. Defendant moved to compel arbitration on June 16, 2021 based on an arbitration provision contained in Plaintiff's employment contract ("Arbitration Agreement"). That motion was granted on August 18, 2021. It appears the...
2023.04.12 Motion for Leave to File SAC 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.12
Excerpt: ...rdan Yudien that Yudien affirmatively misrepresented to the parties in the Prior Litigation that he had submitted the quitclaim deed executed by the Menascos for recording after he received it in September 2018, that he falsely stated in a declaration filed in the Prior Litigation that the County recorder misplaced the quitclaim deed and that he had corrected the quitclaim deed without Plaintiffs' knowledge or consent, and that Yudien recorded th...
2023.04.10 Motion to Transfer and Consolidate Cases 063
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...pport of Motion to Consolidate, 2:17-22, 3:8-14.) The second is a Motion to Transfer and Consolidate Cases for All Purposes filed by Defendants Stephanie Rabbitt and Ryan Friesen (collectively "Defendants"), also pursuant to Code of Civil Prc„cedure S1048(a), to also have the instant action consolidated with Case No. P23-W096 on the grounds that both actons involve common questions of law or fact. (See Defendants' Motion to Transfer and Consoli...
2023.04.10 Motion for Summary Judgment, Adjudication 132
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...nt on the complaint is denied. The Court's order is without prejudice. Disputed and undisputed Material Facts This is an action for breach of contract and common counts arising from breach ofa vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wintrust") seeks a deficiency judgment after allegedly selling the vehicle. Wintrust prov-des a declaration from its Vice President of Asset Management, with custody and control of its business rec...
2023.04.10 Motion for Summary Judgment 980
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...isrespect is intended.) Jerome died of lung cancer on May 22, 2015. The complaint was filed May 16, 2018, and contains a single cause of action brought under the Federal Employers' Liability Act ("FELA"), codified at 45 USC section 51 et seq. In essence, the complaint alleges that Jerome's lung cancer was caused by employment-related exposure to various chemicals or substances, and that such exposure was a result of BNSF's negligence. The MS] arg...
2023.04.10 Motion for Summary Judgment 706
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...etween neighbors. Plaintiffs Brian McCarthy and Renee Covi through their revocable trust are the owners of a residence at 17 Cumorah Lane in Alamo. (Comp'. '1 1.) Defendants Kevin Mack and Olga Mack are their neighbors who live at 24 Cumorah Lane. (Comp'. '1 2.) Plaintiffs allege that in 2021, Defendants built an electrified gate across a driveway, a related electrical box and electrical lines for the electrical service to the gate, a pedestrian ...

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