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2021.08.26 Motion to Strike 073
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.26
Excerpt: ... the motion to strike the prayer for relief for punitive damages is denied. Standards Governing Motion to Strike The Court "may" strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) In addition, allegations "neither supported by nor pertinent to an otherwise legally sufficient claim or defense" can be st...
2021.08.26 Motion for Leave to File Complaint 608
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.26
Excerpt: ...mbering the residential real property located at 2354 Alameda Diablo in Diablo (the "Subject Property"). Ms. Salehomoum sued her estranged husband Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income, and seeking dissolution of their financial partnership, among other relief. Omid Bahrami filed a cross‐complaint in that action. Navid Bahrami, br...
2021.08.26 Motion for Summary Adjudication 084
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.26
Excerpt: ...�� 5 ‐ misconduct or punitive damages and (2) because Defendant admitted to negligence, Plaintiff has elected his remedy in this case. These two issues appear to be improper issues for summary adjudication as they address issues in this case rather than a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code of Civil Procedure section 437c(f).) The separate statement of material facts lists five issues, which ...
2021.08.19 Motion for Summary Judgment 168
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.19
Excerpt: ...fore the opposing party has any burden at all. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) The moving party's initial burden is to “make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff filing a motion for summary judgment must establish on her initial burden that there is no defense to the action. (CCP § 437c (a)....
2021.08.19 Motion for Summary Adjudication 658
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.19
Excerpt: ...he leases do not contain language that would enable the prevailing party in this matter to recover attorneys' fees. Because the MSAs require the Court to answer a single question (namely, whether the prevailing party in this action can recover attorneys' fees pursuant to the aforementioned residential leases), the Court will address them together. The Relevant Contractual Language Plaintiffs contend that language found in the Mold Addendum to the...
2021.08.19 Demurrer 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.19
Excerpt: ...fy Defendant in writing by September 2 and Defendant's answer will be due by September 23, 2021. Defendant demurs to the following claims brought against it: (5) breach of express warranty, (6) negligence – design and manufacturing defect and (7) negligence – failure to recall / retrofit. Defendants demurs based on the failure to allege sufficient facts to state a cause of action (due to the statute of limitations expiring) and on uncertainty...
2021.08.12 Special Motion to Strike 118
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.12
Excerpt: ...25.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a ‘summary‐judgment‐like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384‐385.) Protected Activity On the first step, the Defendant has the burden of showing that the challenged causes of action arise fr...
2021.08.12 Motion for Leave to File FAC 245
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.12
Excerpt: ...fendants breached their duty to comply with building, fire, and health and safety codes. Plaintiffs allege Defendants breached the implied warranty of habitability by failing to correct substandard conditions, which included garbage disposal deficiencies; plumbing and electrical deficiencies; rodent, pest, and insect infestations; mold and mildew; and security and safety deficiencies. Motion Pursuant to CCP §§ 473(a)(1) and 576, Plaintiffs seek...
2021.08.12 Demurrer 664
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.12
Excerpt: ...l Background Plaintiff's Complaint asserts claims alleging Sierra is liable for the transmission of COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post�...
2021.08.12 Demurrer 423
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.08.12
Excerpt: ...failure to provide rest periods; (5) failure to provide accurate wage statements; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) retaliation‐employment; (9) intentional infliction of emotional distress; (10) breach of the covenant of quiet enjoyment; (11) breach of the warranty of habitability; (12) violation of the Richmond Rent Ordinance; (13) specific performance; (14) (anticipatory) breach of contract; (15) (ant...
2021.07.29 Petition to Compel Arbitration and Stay 704
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.07.29
Excerpt: ... by cross‐complainants, Don Neufeld and Mia Blume (“Buyers”). Buyers argue that, because not all the claims or parties are subject to the arbitration clause, the Court should exercise its discretion to refuse to enforce the clause. In a footnote, Buyers contend this discretion is not affected by the FAA because the agreement does involve interstate commerce. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/29...
2021.07.15 Demurrer 204
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.07.15
Excerpt: ...ated 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 action for negligence arising out of the accident. Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well‐pleaded factual allegations of the com...
2021.07.15 Motion to Compel Arbitration and Stay Action 988
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.07.15
Excerpt: ...defects, including “interior, exterior, electrical, suspension, structural, engine and transmission defects”. (Comp. 9, 10.) Plaintiff is suing Ford Motor Company for various warranty claims under the Song‐Beverly Act and is suing Walnut Creek Ford for negligence in repairing the vehicle. Both Defendants are moving to compel arbitration based upon an arbitration clause contained the vehicle purchasing contract between Plaintiff and the Sell...
2021.07.15 Demurrer 664
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.07.15
Excerpt: ...f COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post‐traumatic stress disorder (PTSD). (Compl. ¶ 2.) Plaintiff's mother was employed as a therapist ...
2021.07.01 Motion to Strike Punitive Damages 988
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.07.01
Excerpt: ... granted, without leave to amend. Background Facts Plaintiffs entered into a written rental agreement with Defendant Guardian of KW Hilltop LLC for the subject premises at 3400 Richmond Parkway #3316, Richmond, CA 94806. (FAC at ¶ 9.) Plaintiffs allege that Defendants failed to maintain the subject premises and that it suffered from mold/mildew, water damage from a heater malfunction, no/unsecured mailbox, dangerous and unmaintained carpet, and ...
2021.07.01 Demurrer 123
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.07.01
Excerpt: ...ces located on 21st Street in the City of Richmond owned, leased or controlled by the individual defendants. (FAC ¶ 9.) She alleges the sidewalk where she fell was defective, and that a "tree planted on" the sidewalk contributed to the defective condition of the sidewalk. (FAC ¶ 10.) Plaintiff alleges two causes of action against the City for dangerous condition of public property under Government Code § 835, and the City's violation of a mand...
2021.06.24 Motion to Strike 563
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.24
Excerpt: ...fendant's motion is denied, without prejudice. Background Facts This dispute arises from Defendant Antonio Aceves' incident with Plaintiff Ricardo Martinez at Pizza Guys owned by Defendant Sauman, Inc. and located at 8610 Brentwood Boulevard in Brentwood. (Complaint at ¶ 4.) Plaintiff Ricardo Martinez alleges he saw that Defendant Aceves did not wash his hands before preparing food. (Id.) Following this, Plaintiff submitted an email to Pizza Guy...
2021.06.24 Motion for Summary Judgment, Adjudication 223
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.24
Excerpt: ...nged since the General Plan was adopted in 1973, prior to plaintiff's purchase. Plaintiff does not dispute most of the factual issues underlying the motion. Those that he does dispute, including the validity of a zoning ordinance passed decades ago, are not material. Summary judgment is granted. The City shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Background This is a land use...
2021.06.24 Motion for Attorney Fees 974
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.24
Excerpt: .... This case involves the sale and purchase of a motor vehicle. Plaintiff signed a Retail Installment Sale Contract (“RISC”) for the purchase of a vehicle through the now‐defunct car dealership CMR 36 Motors. The Contract includes the following notice: “ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE ...
2021.06.17 Motion to Set Aside Default 828
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.17
Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 2 ‐ abandoned vehicle that Plaintiff later learned was driven by Defendant Kenneth Faul, II. Plaintiff is informed and believes that the vehicle driven by Faul was owned by Defendant Getaround, Inc. Plaintiff filed this action for negligence and motor vehicle (property damage and personal injury) on May 12, 2020. Plaintiff's request for entry of default aga...
2021.06.17 Motion to Compel Arbitration and Dismiss Action 574
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.17
Excerpt: ...isor, Defendant Paul Larkin, routinely harassed Plaintiff due to his disability. Plaintiff continued to report the harassing behavior and CVS failed or refused to protect Plaintiff from the harassment Plaintiff alleges CVS wrongfully, constructively terminated him on or about June 23, 2020. Plaintiff filed this action for discrimination, harassment, and wrongful termination on December 16, 2020. Motion Pursuant to 9 U.S.C. §§ 1, et seq., Defend...
2021.06.17 Motion for Anti-SLAPP Motion to Strike 503
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.17
Excerpt: ...bar Kessler from proceeding with an unlawful detainer action, harassing the Foundation's tenants and interfering with their quiet enjoyment, interfering with the Foundation's contractual relationship with the Department, and interfering with its agreements with its subtenants. (Cross‐ Complaint, ¶ 104.) Kessler filed the instant anti‐SLAPP motion under CCP § 425.16 on April 6, 2021. He asks the court to strike the entire eleventh cause of a...
2021.06.17 Demurrer 503
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.17
Excerpt: ...has dismissed that cause of action. Any amended Cross‐Complaint shall be filed and served on or before July 1, 2021. Background Kessler demurs to multiple causes of action, but one main theme is consistent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 12 ‐ throughout: the Foundation may not sue for the damages it seeks, lost profits, because (1) under the Berkeley Rent Stabilization Ordinance (the ...
2021.06.10 Demurrer 163
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.10
Excerpt: ... Danville Boulevard in Alamo. The Lease term was set for five years, until October 1, 2023. The Lease contained a provision that Lessee shall not assign, transfer, mortgage, encumber, or sublet all or any part of Lessee's interest without Lessor's prior written consent. Plaintiff attempted to sell the business and proposed two assignees, whom Defendant approved and later rescinded the consent. Plaintiff filed this action for breach of contract (f...
2021.06.10 Motion for Summary Adjudication 864
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.10
Excerpt: ...37c (f).) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c (f)(2).) A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., § 437c (c...
2021.06.10 Motion for Summary Adjudication 543
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.10
Excerpt: ..., John Roberts, Carlos Andersen, Baldomero De Leon, Norman Livermore, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/10/21 ‐ 2 ‐ Frank Tzeng, and Anthony Demeo, whose surviving spouse and successor, Linda Demeo, was substituted as plaintiff for Anthony Demeo by the Court's Order filed April 29, 2021 (the "Opposing Plaintiffs"). The IPA's second motion for summary adjudication is granted in part as to the ...
2021.06.03 Motion for Leave to File TAC 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.03
Excerpt: ...espects, the motion is granted. Background Facts Plaintiff Dr. Bimal Patel and Defendant Dr. Matthew Sirott are medical doctors and are the managers of 400 Taylor Holdings LLC (“400 Taylor”), whose sole asset was the medical office building located at 400 Taylor Boulevard in Pleasant Hill. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 2016, Dr. Patel, on behalf of...
2021.06.03 Demurrer 374
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.03
Excerpt: ...t stated, lived in a condominium unit next door to Michael Luecker's unit. (Compl. ¶¶ 1, 5, A [p. 5].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (Compl. ¶¶ 1, 2, 22, p. 10.) The Complaint appears to allege the owners' association was responsible for the corroded pipes, but that Mr. Luecker was neglig...
2021.06.03 Application for Right to Attach, Writ of Attachment 898
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.06.03
Excerpt: ...are seeking to attach the assets of Defendants' trust, the M&K Murphy Family Trust. Standard “Under Code of Civil Procedure section 483.010, a prejudgment attachment may issue only if the claim sued upon is (1) a claim for money based upon a contract, express or implied; (2) of a fixed or readily ascertainable amount not less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commerc...
2021.05.27 Motion to Seal Portions of Exhibits, Demurrer, Motion to Strike 073
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.27
Excerpt: ...he Court's findings below, the motion is granted. AB shall lodge an appropriate order in compliance with Cal. R. Ct. 2.551. Sealing Motion ArcByt, Inc. ("AB") filed a demurrer to Plaintiffs' Complaint and a motion to strike. In support of its demurrer and motion to strike, AB filed the Declaration of Kimberly Lembo Abrams which attaches 11 exhibits. AB has moved for an order allowing certain portions of those exhibits to be filed under seal, with...
2021.05.27 Motion to Quash Service of Summons 118
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.27
Excerpt: ...iff's reputation. Plaintiff served Defendant Yang with summons and complaint by alternative means on August 31, 2018. After numerous attempts at personal service and after three attempts made by the Canadian government under The Hague Service Convention, Plaintiff obtained a court order to serve Defendant Yang by posting the summons and complaint at his house and simultaneously mailing to Defendant. Plaintiff obtained a court order to serve Yang ...
2021.05.27 Motion to Compel Arbitration, Stay Action 213
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.27
Excerpt: ...chased a vehicle from non‐party Michael Stead's Auto Depot (the Seller). Plaintiff then experienced a number of problems with the vehicle. Plaintiff raised these problems with the manufacturer, FCA, but the problems were not fixed. Plaintiff took the vehicle to FCA authorized repair dealerships, including to McKevitt. Plaintiff is now suing FCA for a number of warranty related claims and one fraud claim and suing McKevitt for negligence in repa...
2021.05.27 Demurrer 378
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.27
Excerpt: ...lly, failure to join the trustee of the trust alleged in the Complaint. For the following reasons, the Demurrer is sustained, with leave to amend. 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 (20...
2021.05.27 Demurrer 123
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.27
Excerpt: ...; (8) negligent property inspection; (9) breach of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/27/21 ‐ 22 ‐ implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) o...
2021.05.20 Demurrer 578
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.20
Excerpt: ...f. Johnson demurs to the FAC on the grounds that he is improperly named as a defendant and that the FAC is procedurally improper for failure to submit proof of compliance with Probate Code § 9000. For the following reasons, the Demurrer is sustained, with leave to amend. Brief Factual and Procedural Background Plaintiff filed his original complaint against Jacqueline A. Ditmer for (1) conversion; (2) constructive trust; and (3) declaratory relie...
2021.05.20 Application for Right to Attach Order and Writ of Attachment 858
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.20
Excerpt: ... Inc. became indebted to Plaintiff in the agreed sum of $54,848.45 for goods and services rendered to Defendant. Defendant has failed to pay. Application for Right to Attach Order and Writ of Attachment Code of Civ. Proc. § 484.010 provides, “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and...
2021.05.20 Demurrer 973
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.20
Excerpt: ... timely contests this tentative ruling in accordance with the Court's procedures, appears at the hearing by Zoom, and can demonstrate how Plaintiff could amend the first and third causes of action of the FAC against Regional Center in a manner that would not be barred by the Dismissal Order. Additionally, for the reasons set forth, Regional Center's request for sanctions is denied. Factual Background Plaintiff is a disabled adult who has "an inte...
2021.05.20 Petition to Confirm Contractual Arbitration Award 838
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.20
Excerpt: ... is denied. Petitioner Main St shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Ms. Heppner. The proposed judgment shall attach a copy of the Final Award dated March 10, 2021 as a properly tabbed exhibit to the judgment. (Cal. R. Ct. 3.1110(f).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/20/21 ‐ 2 ‐ Factual Background This dispute arises out of a buy‐out provisi...
2021.05.13 Motion for Summary Judgment, Adjudication 314
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.13
Excerpt: ...“SPS”) brought this Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (“Motion”), claiming a right to the entire sum based on its claimed status as a first mortgagee, and its contractual interest as an “additional insured” in the USAA policy. Defendant Norman Linsy (“Linsy”) opposes the amount SPS is entitled to collect. Fay Servicing LLC (“Fay”) argues it holds a lien secured by a deed senior to SPS...
2021.05.13 Demurrer 744
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.13
Excerpt: ...en amending her complaint, Plaintiff shall remove Mardel Realty and De Leon from the fraud claim as the Court has already dismissed Mardel Realty and De Leon from that claim. The Case Management Conference scheduled for June 15, 2021 is continued to August 16, 2021. Procedural History Plaintiff originally opposed this motion by arguing that the meet and confer process with not followed, the demurrer was untimely filed and Plaintiff did not receiv...
2021.05.13 Demurrer 704
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.13
Excerpt: ... Land Home is an East Bay‐based mortgage company. Plaintiff worked as a Web Software Developer. He was classified as an “exempt” employee and Plaintiff alleges his job should have been as “non‐exempt.” It was later changed. Prior to his employment with Defendant, Plaintiff had brought a lawsuit against his former employer, Robert Half International, Inc. in Los Angeles County. In that lawsuit, Plaintiff alleged various violations of t...
2021.05.06 Demurrer 284
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.06
Excerpt: ...rs to Cross‐Complainant's causes of action for IIED and negligence pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Strange's claims are barred by the relevant statutes of limitations and dos Santos' communications are entitled to qualified privilege. For the following reasons, the Demurrer is overruled‐in‐part and sustained‐in‐part. The Demurrer is overruled with respect to the intentional infliction of ...
2021.05.06 Demurrer 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.06
Excerpt: ...rranty of fitness for a particular purpose, (8) strict liability – manufacturing defect, (9) strict liability – design defect, (10) strict liability – failure to warn, (11) negligence – design and manufacturing defect and (12) negligence – failure to recall / retrofit. Defendant has not challenged the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/06/21 ‐ 8 ‐ indemnity and contribution claims in its...
2021.04.29 Motion for Leave to File FAC 523
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.29
Excerpt: ...mberly L. Moore in support of the Motion, which is titled First CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 2 ‐ Amended Complaint and includes Exhibit A (FAC ¶ 81), and (2) the amended pleading shall be filed within 10 days of the date of the hearing. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression...
2021.04.29 Demurrer, Motions to Strike 384
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.29
Excerpt: ... the pleadings challenges to rest. However, it had to grant leave to amend as to Dr. Kim as to the First Cause of Action (Negligence) and Second Cause of Action (Battery), even though the other defendants had not demurred to the First Cause of Action and had demurred unsuccessfully to the Second. Plaintiff did not limit her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 6 ‐ amendment as the court had ...
2021.04.29 Demurrer 434
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.29
Excerpt: ...ton. (Complaint, ¶¶1‐3.) Plaintiff's property is located across the street, to the east, and uphill from defendant's property, with no other homes in between. (Complaint, ¶3.) When plaintiff moved into his home in 1968, he had an unobstructed view of the San Francisco Bay and surrounding areas. (Complaint, ¶6.) Defendant acquired the property across the street in 1991 and, since 2010, defendant's “magnolia trees and other trees” have be...
2021.04.22 Motion to Strike 744
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.22
Excerpt: ...ing this motion was not calendared with the demurrer. Upon further consideration, however, the Court finds that this motion should be considered with the demurrer. The motion and opposition have already been filed and there is no prejudice to the parties for the Court to consider this motion now. Defendants seek to strike (1) references to “all defendants” in the fraud cause of action, (2) incorporation of earlier facts in the complaint in tw...
2021.04.22 Motion for Leave to File SAC 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.22
Excerpt: ...Code section 1102.5 to her pending employment dispute with defendants. She requests the amendment because Labor Code section 1102.5 was recently amended to add a subsection (j). That subsection states, “The court is authorized to award reasonable attorney's fees to a plaintiff who brings a successful action for a violation of these provisions.” Defendants raise various arguments about the validity of the new cause of action. The most substant...
2021.04.22 Demurrer 183
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.22
Excerpt: ...Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brings this action to hold Armanino LLP CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/22/21 ‐ 4 ‐ and its employee Gunther Hofman responsible for breaches of their fiduciary duty to the Company. Plaintiff Coywolf is an investment firm formed by Plaintiffs Philipp Gruner and Rei...
2021.04.15 Motion for Reconsideration 024
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.15
Excerpt: ...rchase of a Wolf range. The Court filed reflects plaintiff appeared at the first case management conference on February 19, 2020, which was continued to June 9, 2020 at that hearing. Plaintiff then failed to appear at the June 9, 2020 CMC, and at the continued CMC set for August 18, 2020. The Court issued an order to show cause as to why the case should not be dismissed for failure to appear and failure to prosecute ("OSC") which was set for hear...

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