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2018.1.26 Demurrer 862
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.26
Excerpt: ...se of Action. The Windeler defendants are not named in the Fifth and Seventh Causes of Action. In the ruling on the companion demurrer by defendant Littman Trust, the Court has granted plaintiffs leave to file an amended complaint adding a single cause of action for declaratory relief, as against the Littman Trust and Windeler Development Group. The Windeler defendants shall file an answer that is timely with reference to service of the amended c...
2018.1.26 Demurrer 238
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.26
Excerpt: ...ctual allegations. The closest it comes to alleging any facts is that Ecker “made [unspecified] false statements against of the plaintiff Anas Ali [which plaintiff identifies as his true name], referenced by citation number 34‐269551”, and that Ecker “failed to provide prima facie evidence supporting his false documents that plaintiff was/is ‘BLACK' and ‘DRIVING' referenced on citation number 34‐269551.” The FAC does not provide a...
2018.1.19 Motion to Quash Deposition Subpoena 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...rning her mental disability. But her claim itself centers directly on the alleged existence and results of that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/19/18 ‐ 5 ‐ disability; without the disability she has no claim. Plaintiff has thus directly put her own mental state at issue, alleging (among other things) that she lacked capacity to agree to and sign an alleged quitclaim deed in 1999. She cannot exp...
2018.1.19 Motion to Compel Responses 299
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...ere all served on April 7, 2017. Each defendant responded to each discovery request with a blanket paragraph of rote objections, each substantially identical to the objections made to the hundreds of other discovery requests cumulatively made to the responding defendant and all the other defendants. On the face of these “responses”, there was no pretense of any good‐faith attempt to respond, nor to provide objections actually CONTRA COSTA S...
2018.1.19 Motion for Judgment on the Pleadings 242
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...e to strike the Answer on account of these deficiencies. At this time, there is an Answer on file, and it contains denials and affirmative allegations sufficient to defeat the present motion. If the Answer should be stricken, plaintiff should move to strike it. If it is not stricken, however, it defeats the present motion. Among other advantages, that order of procedure would create an opportunity for plaintiff's counsel to meet and confer with d...
2018.1.19 Demurrer 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.19
Excerpt: ...irst Amended Complaint, even though some of them are deleted altogether due to the Court's prior demurrer ruling.) Defendants District, Yurkovich, and Perry demur to what are labeled as the sixth and seventh causes of action. The demurrer is sustained. Leave to amend is allowed, one final time, as to the seventh cause of action. Leave to amend is denied as to the sixth cause of action. Any amended complaint (which, to avoid hopeless confusion, wi...
2018.1.12 Motion to Quash Service of Summons and Complaint 862
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.12
Excerpt: ...s for the exercise of jurisdiction. [Citation.]” (Shisler v. Sanfer Sports Cars, Inc. (2006) 146 Cal.App.4th 1254, 1259; see also Ziller Electronics Lab Gmbh v. Superior Court (1988) 206 Cal.App.3d 1222, 1232‐33.) A court may exercise two types of personal jurisdiction over a defendant: general jurisdiction and specific jurisdiction. Each is considered below. General Jurisdiction “General jurisdiction exists when a defendant is domiciled in...
2018.1.12 Motion to Compel Production of Docs 459
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.12
Excerpt: ...ence of an actual attorney‐client relationship (such as in an initial engagement interview in which the attorney declines the representation), Steele quite rightly informed plaintiff right from the start that Steele would not be acting as plaintiff's attorney. Any unreasonable belief to the contrary on plaintiff's part would not establish a basis for privilege. The motion, however, appears to be either moot or premature or both. Steele advises ...
2018.1.12 Demurrer 640
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.12
Excerpt: ...auses of action for (1) general negligence; (2) trespass; (3) conversion; (4) loss of use; (5) fraud; and (6) civil conspiracy. Defendants demur pursuant to Code of Civ. Proc. § 430.10(e) on the grounds that Mr. Harmen lacks standing and has failed to state facts sufficient to state his causes of action. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendants request judicial notice of...
2018.1.12 Demurrer 480
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.12
Excerpt: ...hpoint Security Services, Inc. (Northpoint) to provide security services there. A perpetrator thereafter entered the Superfoot store brandishing a weapon, and grabbed Jason while demanding the cashier CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/12/18 ‐ 3 ‐ hand over the cash in the register. Huajin Li ran towards his son upon seeing that he was held hostage. The perpetrator shot Huajin Li, killing him. Pla...
2018.1.12 Demurrer 430
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.12
Excerpt: ...ion; (4) fraudulent misrepresentation; (5) negligence; (6) violations of Bus. & Prof. Code § 17200 et seq.; and (7) quiet title (Code Civ. Proc. § 760.020). Only the quiet title claim is pleaded against Breckenridge. Breckenridge demurs pursuant to Code Civ. Proc. § 430.010(e) on the ground that it is a bona fide purchaser for value of the subject property at a nonjudicial foreclosure sale, and as a consequence the sale is invulnerable to Plai...

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