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2019.12.19 Demurrer 058
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...ollectively, “Plaintiffs”). This is an unlawful foreclosure case. The Complaint pleads causes of action for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2923.6(c); (3) violation of Civil Code § 2923.7; (4) violation of Civil Code § 2924.9; (5) violation of Civil Code § 2924.10; (6) negligence; (7) unfair business practices (Bus. & Prof. Code § 17200, et seq.); and (8) cancellation of instruments (Civil Code § 3412)...
2019.12.19 Demurrer 994
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...its. In support of their special demurrer, defendants pointed out many inconsistent or otherwise confusing allegations that render plaintiffs' complaint ambiguous and unintelligible. Plaintiffs failed to address the special demurrer in their opposition memorandum, leaving the special demurrer functionally unopposed. (See, Cal. Rules of Court, rule 8.54, subd. (c) [“[a] failure to oppose a motion may be deemed a consent to the granting of the mo...
2019.12.19 OSC Re Preliminary Injunction 734
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...f action for (1) declaratory relief, and (2) violation of Civil Code § 2923.6. Plaintiffs moved ex parte for a temporary restraining order on August 23, 2019. The Court heard the ex parte application, granted the TRO, and entered an order to show cause why a preliminary injunction should not be granted calendared for September 26, 2019. The parties stipulated to continue the hearing date and the matter is now before the Court. For the following ...
2019.12.19 Motion for Summary Judgment, Adjudication 243
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...llowing reasons, Defendant's motion is denied. Papers Before the Court On or about December 12, 2019, Plaintiff filed a document titled “Plaintiff Tami Ware's Amended Statement of Disputed Facts and Additional Undisputed Material Facts in Opposition to CSAA's Motion for Summary Judgment or Alternatively Summary Adjudication.” This document is untimely, and no arguments or evidence have been offered to show good cause for its inclusion in the ...
2019.12.19 Motion for Summary Judgment 918
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...Astro Construction (“Riley,” “Astro,” or “Plaintiff”)'s First Amended Complaint (“FAC”). The FAC alleges seven causes of action for: (1) breach of oral contract, (2) complaint for services, (3) promissory estoppel, (4) fraud, (5) violation of prompt payment statute, (6) recovery on payment bond, (7) enforce of stop payment notice, and includes a prayer for punitive damages. Defendants move for summary judgment pursuant to Code of ...
2019.12.19 Motion for Reconsideration 434
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...een made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. Section 100...
2019.12.19 Demurrer 346
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...TINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/19/19 ‐ 18 ‐ This case presents the question whether a tenant who raises habitability claims as an affirmative defense in an unlawful detainer action and receives a partial rent reduction based on such claims may thereafter file a civil lawsuit seeking recovery for personal injuries and emotional distress based, at least in part, on those same habitability claims. Under the circumstances of th...
2019.12.12 Demurrer 574
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.12
Excerpt: ... unopposed request for judicial notice is granted. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Cause of Action is for negligent misrepresentation. Defendant Bank's demurrer is sustained on four grounds. First, as pleade...
2019.12.12 Motion for Summary Adjudication 898
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.12
Excerpt: ... in the Company was owned by a third party.) This ruling refers to Kerry Murphy as Defendant and Michael Verlander as Plaintiff, however, this ruling also applies to Margaret Murphy and Janet Verlander. Together the parties operated a winery for a number of years. In 2015, Plaintiff sold his shares in those companies to Defendant pursuant to a Purchase and Sales Agreement. The parties signed the PSA on May 11, 2015 and escrow closed on this agree...
2019.12.12 OSC Re Preliminary Injunction 903
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.12
Excerpt: ...he plaintiffs' property, outside the easement area, without express permission from plaintiffs or plaintiffs' counsel. Plaintiffs have failed to present any evidence that the construction activities of defendant have occurred, or may occur, at unreasonable times. As a result, the Court declines to limit the schedule of any ongoing activities incidental to construction. The undertaking is set in the amount of $5,000. (Code Civ. Proc. §§ 529, 995...
2019.12.5 Motion to Strike 083
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.5
Excerpt: ...n Lafayette. (FAC, ¶¶6, 11.) Defendants acted as a dual agent representing both the plaintiff (buyer) and seller in the transaction. (FAC, ¶¶12‐13.) Plaintiff alleges that defendants represented the lot as “buildable” without any basis, and that plaintiff purchased the lot in reliance on that statement and lack of disclosures. Plaintiff contends that the lot was not buildable, and that he incurred significant damages resulting from his ...
2019.12.5 OSC Re Preliminary Injunction 804
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.5
Excerpt: ...aying no role in the foreclosure process. This relief is conditioned on plaintiff posting an undertaking in the sum of $ 1,000.00, on or before December 20, 2019. The basis for this ruling is as follows. A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are moot. Mr. Nejat filed a supplemental declaration on November 14, 2019, and plaintiff has not filed evidentiary objections directed to that supplemental decl...
2019.11.21 Motion to Quash Service of Summons and Complaint 118
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.11.21
Excerpt: ...ts “on any basis not inconsistent with the Constitution of this state or of the United States.” (Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17.) “‘When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.'” Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17, internal quotation marks omitted.) “If the pl...
2019.11.7 Writ of Mandate 774
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.11.7
Excerpt: ...the tripartite membership works among the American Dental Association, California Dental Association and the component societies for each county in California. She states the both CCDS and MCDS approved Dr. Clark's request to remain in the CCDS, notwithstanding the fact that she may no longer live, work, or practice in Contra Costa. (RossPatchin Decl., ¶15(A).) The CDA recognized and approved the transfer exception as a final resolution to Dr. C...
2019.11.7 OSC Re Preliminary Injunction 804
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.11.7
Excerpt: ...um of $ 1,000.00, on or before November 22, 2019. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/07/19 ‐ 6 ‐ A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are sustained. Mr. Nejat has not established personal knowledge of the matters that are the subject of his declaration, has not stated his qualifications as a custodian of reco...
2019.11.7 Motion to Appoint Receiver and for Preliminary Injunction 043
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.11.7
Excerpt: ...tiff offers no evidence that defendant Mehrzad Azari is mismanaging the subject businesses in a manner that is causing harm to the businesses; plaintiff simply objects to the amount of compensation that Mr. Azari is receiving from the profits of the businesses. This is an objection that can be fully remedied through an award of monetary damages. A‐2. The Threat of Disruption. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARI...
2019.11.7 Motion for Reconsideration of MSJ 258
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.11.7
Excerpt: ...not addressing the substance of the motion now, the Opposition that plaintiff filed on 11/4/15 raises several issues that require discussion. First, plaintiff argues that defendant has no right to bring this motion because the motion is based on the same grounds as defendant's previous motion and thus violates CCP § 437c (f)(2). However, the court denied defendant's previous motion “without prejudice,” so this argument lacks merit. Second pl...
2019.4.18 Motion to Compel Joinder 243
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.18
Excerpt: ...all then serve HYJQ with the summons and complaint. In their first cause of action, Plaintiff alleges that a $6.5 million deed of trust on the Quail Walk Court property is a fraudulent transfer. (Comp. ¶22.) Plaintiff alleges that this deed of trust is void and seek a determination from this Court as to that fact. (Comp. ¶23 and Prayer for Relief 1.) Plaintiff did not sue the holder of this deed of trust, which has been identified as HYJQ. (See...
2019.4.18 Motion to Set Aside Default, Judgment 346
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.18
Excerpt: ... obtained a default sooner than permitted under that statutory scheme. (See Gov't C. § 6064 and CCP § 412.20 (a)(3) (total of 58 days necessary from first date of publication.) Further, petitioner's counsel should at least have asked respondent's known attorney whether the attorney would accept service of the petition, and advised the attorney that petitioner had filed the petition and was intending to take respondent's default. (See Smith v. L...
2019.4.18 Motion to Bifurcate 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.18
Excerpt: .../damages claims. Defendants argue that substantial time, effort, and money will be saved if the trial is bifurcated. Cal. Code of Civil Procedure § 598 authorizes the bifurcation of issues. It provides in pertinent part: The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later t...
2019.4.18 Demurrer 094
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.18
Excerpt: ...h of Plaintiff's causes of action in the Third Amended Complaint. Defendant argues that each claim fails to state a cause of action and is uncertain. Plaintiff opposes this demurrer with three separate filings. In those filings, he raises several arguments that can be addressed before reaching the merits of the demurrer. Plaintiff argues that Defendant failed to comply with California Rule of Court, Rule 3.1320. The Court agrees that Defendant di...
2019.4.11 Motion to Strike Exemplary Damages Claim 733
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...resenting himself. Plaintiff alleges that defendant Konstantine Demiris and Demiris' law firm negligently represented plaintiff in probate litigation over a relative's trust by failing to oppose the appointment of a particular trustee; failing to advise plaintiff to offer a meaningful settlement at mediation; failing to challenge the validity of the trust; failing to file a cross‐complaint for elder abuse; failing to advise that plaintiff had t...
2019.4.11 Motion to Expunge Lis Pendens, for Attorney Fees 246
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...ourt previously sustained a demurrer by Defendants to Plaintiff Ali Rezapour and Plaintiff Aurora Rezapour (collectively, “Plaintiffs”)'s Second Amended Complaint without leave to amend. That Demurrer came on for hearing on August 20, 2018; at the hearing, the Court affirmed its tentative ruling sustaining the demurrer to the Second Amended Complaint without leave to amend. Plaintiffs filed a notice of appeal of that order on September 28, 20...
2019.4.11 Motion for Summary Judgment, Adjudication 174
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...corresponding legal discussions for several of his causes of action. Not to be outdone, Defendant provided no legal citations in his opposition. There are triable issues here as to the amount of damages. Plaintiff says in his declaration that he paid a total of $97,538.39 to the Defendants. (Silveira Decl. ¶5.) Plaintiff included a document, which includes the dates that he said he made the payments, but it is not clear when the document was cre...
2019.4.11 Motion for Summary Judgment, Adjudication 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...ion for summary judgment/adjudication on the grounds: (1) it acted reasonably in its design of the Genie Pro‐Tech Scaffold, meeting all applicable industry standards and regulations, and is therefore not liable as a matter of law and (2) Genie met its standard of care in designing and distributing the Genie Pro‐Tech scaffold and is therefore not negligent as a matter of law. “[A]” product is defective in design either (1) if the product h...
2019.4.11 Motion for Sanctions and Dismissal of Motion 527
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...ary Adjudication filed January 15, 2019 (“2019 MSA”). The Sanctions Motion seeks “at least $10,000 in sanctions from Plaintiff and his attorneys jointly.” MPAs at 10:9‐10. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/11/19 ‐ 3 ‐ Although the caption of the motion seeks dismissal of Plaintiff's motion for summary adjudication, there does not appear to be any such request in the briefing itself. The...
2019.4.11 Motion for Reconsideration Re Motion to Set Aside Default 134
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...fferent facts, circumstances or law required by CCP Section 1008. The new declaration by Mr. Garcia states, in relevant part: 1. I previously executed a declaration on December 19, 2018, a copy of which is attached hereto as Exhibit F. In doing so, I intended to communicate that I was not previously served with Exhibits A‐E (Statements of Damages) to the Declaration of Mario Rosales, dated December 18, 2018, copies of which are attached hereto....
2019.4.11 Demurrer, Motion to Strike 103
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ...alth care provider for sexual battery would not, in most instances, fall within the statute because the defendant's conduct would not be directly related to the manner in which professional services were rendered.” (Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal.4th 181, 192.) The Court finds this general rule applicable to defendants. The Cooper decision on which defendants rely reaffirmed this general rule. ...
2019.4.11 Demurrer 146
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.11
Excerpt: ... legally claim he had discrete employments with the County rather than one continuous employment involving different positions at different times. (See Petition, ¶ 54 (“The County . . . employed [petitioner] as a prosecutor continuously [since 1987]”, ¶ 57(“remained in the County's employ [from 1987 until February 28, 2018]”).) However, the court is not deciding that legal issue now or whether that issue can be resolved at the pleadings...
2019.3.28 Motion to Strike 543
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.28
Excerpt: ... from the complaint, the well‐pled facts of which the Court accepts as true for purposes of demurrer. Plaintiffs are all medical doctors. Each of them owns one share of Defendant Central East Bay IPA Medical Group, Inc. d/b/a Muir Medical Group IPA, through either: 1) a Common Stock Subscription Agreement; or 2) a Preferred Stock Shareholder Agreement, which also included a Preferred Stock Subscription Agreement (generally, the “agreements”...
2019.3.28 Motion to Compel Arbitration, Stay Litigation 023
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.28
Excerpt: ...urt, rule 3.1110, subd. (f).) None of the exhibits to the opening Declaration of Chere' Tait, or the reply declaration of Dominica Acosta, were tabbed. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/28/19 ‐ 9 ‐ A. Contract Formation. The issue of whether the parties entered into an enforceable arbitration agreement is an issue that the trial court must always decide. (9 USCS § 4 [if there is a dispute over t...
2019.3.28 Motion for Summary Judgment 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.28
Excerpt: ...y adjudication to Plaintiff's sole remaining causes of action for (2) discrimination in violation of Gov't Code § 12940(a); (3) failure to take all reasonable steps necessary to prevent racial harassment (Gov't Code § 12940(k)); (4) retaliation in violation of Gov't Code § 12940(h); and (9) unfair business practices in violation of California Business and Professions Code §§ 17200‐17208. Defendant also moves for summary adjudication on its...
2019.3.21 Motion for Change of Venue 548
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.21
Excerpt: ...llectively, “Defendants”) oppose the motion. Procedural background Plaintiff filed a verified Complaint to set aside fraudulent transfer on August 17, 2017 against Defendants Diane Lehman and the Estate of Arnold Lehman, Sr. Defendants filed an answer on December 29, 2017. Plaintiff filed a Petition for Probate in Amador Superior Court on April 2, 2018. RJN Ex. B. Defendants moved to file a second amended answer which was deemed filed as of S...
2019.3.21 Motion to Vacate Sister State Judgment 101
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.21
Excerpt: ...elevant Arizona statutes. Petitioner domesticated the judgment in California, as respondents now reside here, by order dated January 14, 2019. (Code Civ. Proc. § 1710.25.) Respondents seek to vacate that judgment. A judgment may be vacated on any ground which would have been a defense to an action in the sister state, and respondents bear the burden of proof by a preponderance of the evidence. (Code Civ. Proc. §1710.40, subd. (a); see Tsakos Sh...
2019.3.21 Demurrer 693
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.21
Excerpt: ...lting and Endorsement Agreement (“Agreement”) entered into by Plaintiff Derek Dallas Carr, a professional football player in the National Football League, currently playing quarterback for the Oakland Raiders and Radd3, a software development company. The Agreement, entered into on July 7, 2016, provided Radd3 with the right to use Plaintiff's name, fame, voice, video, photographs, likeness, and any other means of endorsement by Plaintiff to ...
2019.3.14 Motion to Strike Prayer for Punitive Damages 403
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.14
Excerpt: ...bd. (c) (1).) So “absent an intent to injure the plaintiff, ‘malice' requires more than a ‘willful and conscious' disregard of the plaintiffs' interests” and must include despicable conduct. (College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) A defendant must have been aware of the probable dangerous consequences of his conduct, and willfully and deliberately failed to avoid those consequences. (Mock v. Michigan Mille...
2019.3.7 Demurrer 168
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.7
Excerpt: ...ause of action for deceit are: representation, falsity, knowledge of falsity, intent to deceive, and reliance and resulting damage (causation).” (Hamilton v. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/07/19 ‐ 14 ‐ Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1614.) “Fraud must be pled specifically; general and conclusory allegations do not suffice.” (Id.) “The particularity requireme...
2019.3.7 Demurrer 223
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.7
Excerpt: ...oughly 1987. The City initially declined to allow this because certain CC&Rs, which governed the subdivision that included the property, restricted such development. Plaintiff obtained consent from over 50% of the owners to amend the CC&Rs. Thereafter, the City refused to permit development based on existing scenic easements covering the property. Plaintiff sues to, among other things, quiet title and permit his development. The City demurs on th...
2019.3.7 Motion for Summary Judgment 283
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.7
Excerpt: ...contract; (2) breach of the covenant of good faith and fair dealing; (3) negligent misrepresentation; and (4) negligence. Only the first and second causes of action are alleged against Defendant. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/07/19 ‐ 2 ‐ Defendant moves for summary judgment on plaintiffs first cause of action for breach of contract and second cause of action for breach of the covenant of good...
2019.3.7 Motion for Summary Judgment, Adjudication 683
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.7
Excerpt: ...f Tilden Park approximately 15 to 20 times. (Fact 3 – Undisputed) In this area of the park, Plaintiff expected dogs would play and chase each other and otherwise “roughhouse.” (Fact 5 – Undisputed) However, Plaintiff was firm in her view that “Maury did not play” with other dogs. (Plaintiff's Facts 4, 5) The couple had been walking and talking to each other for about an hour when they ran into Defendant Alexander Weber, who was walkin...
2019.2.28 Motion for Judgment on the Pleadings 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.28
Excerpt: ...tute a cause of action. For the foregoing reasons, the motion is denied in its entirety. Facts Alleged in the Complaint The parties entered into an agreement for the purchase of a show quality female standard schnauzer puppy for $2,500. (Complaint ¶ 6.) On June 9, 2017, plaintiffs paid a non‐refundable deposit of $1,000 and understood that they would have to pay the remaining $1,500 to take possession of the puppy. (Complaint ¶ 6.) On May 2, ...
2019.2.28 Petition to Disqualify Insured's Appraiser 844
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.28
Excerpt: ...aims adjuster and/or the attorneys representing CSAA on this claim that he had sued CSAA on June 7, 2017 as an assignee of a breach of contract and insurance bad faith claim of another insured, Sui. CSAA further argues that it brought this petition at the first reasonable opportunity after those CSAA employees and agents learned of the non‐disclosure, and that the Sui/Pearson lawsuit against CSAA would cause a reasonable person, aware of all th...
2019.2.28 Motion to Set Aside Default 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.28
Excerpt: ... the default was entered, but it was rejected. Code of Civil Procedure section 340.41 (a)(2) states, “If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under pe...
2019.2.21 Demurrer, Motion to Strike 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.21
Excerpt: ...igence. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests judicial notice of several facts regarding his previous representation of Plaintiff as well as individual docket entries regarding case nos. C94‐03923 and C13‐01476. Though unclear, Plaintiff appears to object to this request. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the ...
2019.2.21 Motion to Set Aside Order 174
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.21
Excerpt: ...standing discovery by December 11, 2017, awarded sanctions of $1,050 against Dees for his failure to respond to discovery and it ordered that the Requests for Admission were deemed admitted. Defendants ask this Court to set aside the Discovery Order based upon extrinsic mistake. Defendants explain that in order to set aside this order, they must show: “ ‘ “First, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DA...
2019.2.21 Motion to Sever or Bifurcate Issues at Trial 713
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.21
Excerpt: ... bifurcation. The standard of review on a tax refund case under Rev. & Tax. Code Section 5140 confines the court to the administrative record, whether the issues are factual or legal in nature. When a taxpayer claims a valid valuation method was applied improperly, the court may overturn the assessment appeals board's decision only if there is no substantial evidence in the administrative record. See California Minerals, L.P. v. County of Kern (2...
2019.2.14 Demurrer 928
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.14
Excerpt: ...on or before March 13, 2019. However, Alameda County is also granted leave to amend its allegations regarding actual receipt of the Notice of Violation by Angela Calvillo or to better allege any claim of a continuous or repeated nuisance even after the incident of February 21, 2017. As to the latter claim, Alameda County may state such claim within the nuisance counts currently alleged or as one or two new standalone counts. If Alameda County ele...
2019.2.14 Motion for Preliminary Injunction 048
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.14
Excerpt: ...on (“LAFCO”) from dissolving the District without confirmation of voters as required by Government Code section 57077.1(b)(2)(A)(II). Petitioner/Plaintiff District alleges LAFCO has voted to dissolve the District without confirmation of the voters even though the District has obtained more than the number of valid protest signatures. The motion is made on the grounds the District requires adequate time and reasonable access to the protests to...
2019.2.14 Motion for Summary Judgment 937
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.14
Excerpt: ...: 1) the Wood Destroying Pests and Organisms Report (Termite Report); 2) the Roof Inspection Report, for which Specialty hired a third party (Roof Report); and 3) the Property Inspection Report (Property Report). After receiving the reports, plaintiffs closed escrow on May 21, 2014. According to plaintiffs, when their remodeling contractor, John Corbett, viewed the property to begin work, he saw major problems. Though the Termite Report did docum...
2019.2.7 Motion for Summary Adjudication 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.7
Excerpt: ...se of Action for Reformation in the Second Amended Complaint, pursuant to CCP § 437c and CRC, Rule 3.1350. Plaintiffs seek reformation of the First Amendment to the Operating Agreement of 400 Taylor Holdings, LLC as to 50% ownership of 400 Taylor Holdings, LLC. “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judg...

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