Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

616 Results

Clear Search Parameters x
Location: Contra Costa x
Judge: Weil, Edward G x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 231)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 327)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 150,50
Array
(
)
2022.04.14 Motion to Compel Arbitration 726
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...ound Plaintiff, Julian Hoffman, worked as a registered nurse for defendant hospital San Ramon Regional Medical Center and SRRMC Management, Inc., (collectively “defendants”) from June 2018 through May 2020. Both defendants are subsidiaries or affiliated entities with Tenet Healthcare Corporation, a network of hospitals. In his wage and hour class action complaint, filed in August 2021, plaintiff contends defendants violated various provisions...
2022.04.14 Motion for Summary Judgment 725
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...amended cross‐complaint filed by Lucas Du and Mary Wong and the cross‐complaint filed by Hui Yong. Plaintiffs filed an opposition to this motion, but Du, Wong and Yong have not filed an opposition. Plaintiffs sued the District for nuisance (in various forms), inverse condemnation, dangerous condition of public property, trespass, diversion of water and declaratory relief (based upon the alleged nuisance and trespass). The District moved for s...
2022.04.14 Motion for Final Approval of Class Action Settlement 203
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...kground and Settlement Terms The original complaint was filed October 23, 2020, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways. The settlement would create a gross settlement fund of $750,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $250,000 (33 1/3% of the settlement). Litigation costs w...
2022.04.07 Motion to PAGA Settlement, Attorney Fees 774
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...or Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $500,000. This is composed in part of attorney's fees of $175,000 (35% of the recovery), $15,627.21 in litigation costs, and $5,000 in costs to the settlement administrator, Simpluris. A plaintiff's service award of $10,000 would be provided. The remainder of the payment, curre...
2022.04.07 Motion for Monetary Sanctions 970
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...entures, LLC ("Creekside") seeks an award of monetary sanctions against attorneys representing defendants O.C. Jones & Sons, Inc. and 14 other defendants ("demurring defendants") and Intervenor Liberty Surplus Insurance Corporation appearing on behalf of its insured, Summit Plastering, Inc., a suspended corporation ("Liberty/Summit"). Plaintiff contends it should be awarded monetary sanctions under Code of Civil Procedure § 128.7 based on a gene...
2022.04.07 Motion for Judgment on the Pleadings 506
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...IOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/07/22 ‐ 20 ‐ The City argues that all claims fail because of the failure to allege facts showing the violation of a mandatory duty. This argument appears most appropriately addressed towards the first and fourth causes of action for wrongful death and negligent infliction of emotional distress. The Court notes that in ruling on a demurrer in this case it found that the complaint a...
2022.04.07 Motion for Final Approval of Class Action Settlement 312
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...her PAGA‐only complaint. The Second Amended Complaint, filed June 21, 2021, included class action allegations, and added plaintiff Becerra. The settlement would create a gross settlement fund of $150,000. The class representative payment to each plaintiff would be $5,000. Counsel's attorney's fees would be $52,500 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Phoenix) would cap its costs at $5...
2022.04.07 Motion for Approval of Representative Action 500
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...ment 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, failure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $4...
2022.04.07 Demurrer 116
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.07
Excerpt: ...ction. The Court reminds the parties to comply with the formatting requirements for legal memoranda. (See Cal. Rules of Court, rule 3.1113, subd. (d) [page limit] and subd. (f) [tables required for memoranda over 10 pages].) For the reasons explained below, the Court rules as follows: 1. As to the First Cause of Action for Slander of Title, the Court overrules the demurrer. 2. As to the Second Cause of Action for Constructive Fraud, the Court sus...
2022.03.24 Demurrer 706
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.24
Excerpt: ...of action is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/24/22 ‐ 2 ‐ Factual Background Plaintiffs purchased a single‐family residence located in San Ramon from defendants Kumar Muthukumar and Ushu Muthukumar. (FAC ¶¶ 11, 13.) Defendant Serafino Bianchi was a licensed real estate agent who was the listing agent for the sellers. FAC ¶ 13.) Plaintiffs allege that after they purchased the prop...
2022.03.24 Demurrer 970
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.24
Excerpt: ...ound Plaintiff Creekside Walk Ventures, LLC ("Creekside") alleges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). On May 2, 2019, Creekside filed suit against the general contractor for the Project, Arbor Building Group, Inc., initiating in this Court the case Creekside Walk Ventures, LLC v. Arbor Building Group, Inc., et al., MSC19‐ 00881 ("Creekside 1 "). (Defs. RJN‐1.) The Creekside...
2022.03.24 Motion for New Trial 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.24
Excerpt: ...er decision, or the verdict or other decision is against law.” (Code of Civil Procedure § 657(6).) Section 657 applies to writ proceedings. (Code Civ. Proc., § 1110.) ADUs Real Parties and Respondents argue that the ADUs will be included in the same footprint as the single‐family homes and are not intended to function as a separate household. The Court previously considered that the ADUs will be in the same footprint as the single‐family ...
2022.03.24 Motion to Compel Arbitration 363
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.24
Excerpt: ...tion. Plaintiff Keaton Hall (“Hall”) opposes. He contends that AAA NCNU has failed to meet its burden of demonstrating the existence of an agreement to arbitrate this controversy. Existence of an Agreement to Arbitrate The right to compel arbitration depends on the existence of an agreement to arbitrate. (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) AAA NCNU bears the burden of proving the existence of an arbitration agreem...
2022.03.24 Motion to Vacate Judgment or for New Trial 971
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.24
Excerpt: ...endangered, rare, or threatened species.” In making its decision, the Court considered the entire property as the Project Site. Real Party filed a motion for a new trial in which Respondents joined. The key issue in this motion is whether the Project Site should be the entire property or just the new building footprint. Real Party argues that the recently published opinion, Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, provi...
2022.03.17 Motion to Vacate Entry of Default 952
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.17
Excerpt: ...n the same day the case was filed. Defendant's default was taken on January 27, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/17/22 ‐ 9 ‐ Less than a week after his default was entered, on February 2, 2022, defendant filed this motion pursuant to Code of Civil Procedure section 473(b). Defendant states he and plaintiff were married and co‐habitated as a couple for more than a decade before filing for...
2022.03.17 Motion to Strike or Tax Costs 934
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.17
Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...
2022.03.17 Demurrer 944
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.17
Excerpt: ...then submitted an ex parte request to file a second amended petition. Petitioners did not file an opposition to the demurrer, but by attempting to amend their petition the Court understands that Petitioners may oppose this demurrer. Respondents' demurrer to the claims based on the Downtown Martinez Jail Demolition Project and the County Administrative Building are sustained. As explained below, challenges to those projects are time‐barred. It s...
2022.03.10 Motion to Quash and Dismiss Doe Amendments 322
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.10
Excerpt: ...d plaintiffs' failure to first seek leave to substitute Does. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/10/22 ‐ 2 ‐ At the initial hearing on the motion, plaintiffs were given leave to submit a supplemental declaration and Union Oil was permitted to file a response. The motion is now denied. Union Oil has not shown plaintiffs or their counsel knew Union Oil manufactured the solvents used at plaintiff's w...
2022.03.10 Motion for Judgment on the Pleadings 593
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.10
Excerpt: ...et al., and related cross‐actions, Case No. MSC20‐01714 ("Bennett Action"), now consolidated for discovery and pre‐trial proceedings with Case No. MSC20‐01593. For the reasons set forth, the motion is granted, with leave to amend. Factual Background On March 11, 2020, an East Bay Municipal Utility District ("EBMUD") water line broke causing water to flow down Tappan Terrace located in a residential neighborhood in Orinda. (FAC ¶ 25.) The...
2022.03.10 Motion for Approval of Representative Action Settlement 500
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.10
Excerpt: ...ilure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $41,662.50 (one‐third of the recovery), $11.803.04 in in litigation costs, and $3,500 in costs to the settlement administrator. A plaintiff's service award of $7,500 would be provided. PAGA pe...
2022.03.10 Demurrer 242
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.03.10
Excerpt: ...ff's Complaint on the grounds that Labor Code § 2699.6(a) applies to exempt Defendant (a construction industry employer) from PAGA liability where there is a valid collective bargaining agreement (“CBA”) that explicitly waives PAGA. In the alternative, Defendant requests abatement pursuant to CCP § 430.10(c) on the grounds that there is another action pending between the same parties on the same cause of action (case no. C21‐01735, remove...
2022.02.24 Motion to Augment Administrative Record 980
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.24
Excerpt: ...side legal counsel prior to the March 9, 2021 City Council meeting, which allegedly concluded that council member Jovita Mendoza did not have a conflict of interest. Petitioner requested each of these categories be included in the City's administrative record to be produced for this case, but the City declined. Ordinarily, a case such as this is decided only based on the record before the agency. (Western States Petroleum Assn. v. Superior Court ...
2022.02.24 Motion for Relief from Stay to Substitute True Names 503
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.24
Excerpt: ...bligated to file a responsive pleading, no default shall be taken against the DOE defendants, and no discovery shall be initiated by or against the DOE defendants, absent further court order. The existence of a stay pending arbitration does not oust a trial court of its inherent judicial power “[t]o amend and control its process and orders so as to make them conform to law and justice.” (Code Civ. Proc., § 128, subd. (a)(8). Cf. Pinela v. Ne...
2022.02.24 Demurrers 755
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.24
Excerpt: ...eight, arguing that the Court lacks jurisdiction and that each claim fails to allege facts sufficient to constitute a cause of action. The Court refers to the original pleading in this case as the “Petition” since the document is called a petition and complaint. The Court refers to the parties as Plaintiffs and Defendants as that is how the parties are discussed throughout the Petition. California Rules of Court, Rule 2.112 The District argue...
2022.02.17 Motion for Approval of PAGA Representative Action Settlement 819
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.17
Excerpt: ...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 wages, and cascading derivative violations. Defendant operates a single El Pollo Loco franchise. The total settlement payment is $65,000. This is composed in part of attorney's fees of $22,750 (35% of the total recovery), $2,500 in litigation costs, and up to $7,500 in costs to the settlement admi...
2022.02.17 Motion for Summary Adjudication 216
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.17
Excerpt: ...dgment against defendant, on the First Cause of Action for breach of contract, in the total sum of $23,125,538. The Court denies summary adjudication of Issue No. 3 on the following grounds. A‐1. Lack of Admissible Evidence. Plaintiff has not supported its motion with admissible evidence, based on the evidentiary rulings set forth in Part C below. For example, plaintiff has not properly authenticated the Excel spreadsheet that assertedly establ...
2022.02.17 Motion for Summary Judgment 316
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.17
Excerpt: ...alleges one claim for negligence against Dr. Tsai for his negligent repair of the injuries to Mr. Menendez's left eye and negligent post‐operative treatment that resulted ultimately in Mr. Menendez's loss of vision in his left eye. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/17/22 ‐ 12 ‐ Legal Standards for Ruling on Defendant's Motion for Summary Judgment Under Code of Civil Procedure § 437c(c), a moti...
2022.02.10 Motion for Trial Preference 031
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.10
Excerpt: ...under Code of Civil Procedure 404.1‐404.9 and Rule of Court 3.504 allow the court discretion in granting a motion for trial preference under Code of Civil Procedure section 36 has been raised. This Court ruled that it had some discretion, and the Court of Appeal denied plaintiff's petition for writ of mandate. (Isaak v. Superior Court (2022) 73 Cal.App.5th 792.) Because these motions were filed before the decision, plaintiffs did not have the b...
2022.02.10 Motion for Approval of Settlement 017
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.10
Excerpt: ...ent 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. The total settlement payment is $140,000. This is composed in part of attorney's fees of $46,662 (one‐third of the total recovery), $2,202.69 in litigation costs, and $3,200 in costs to the settlement administrator, Simpluris. Plaintiff also seeks an award of $1,400 as a representative service award. ...
2022.02.10 Demurrer 737
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.10
Excerpt: ...sed meal periods and rest breaks in violation of California law. Plaintiff also alleges Defendant failed to pay minimum wage, failed to pay all wages with any permissible time, failed to provide complete or accurate payroll records, and failed to reimburse all necessary business‐related expenses and costs. Demurrer Pursuant to Code of Civil Procedure §§ 430.10(e)‐(f) and 430.30, Defendant Imperial Parking (U.S.) LLC demurs on four separate ...
2022.02.10 Demurrer 090
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.10
Excerpt: ... (2) premises liability, (3) intentional infliction of emotional distress, (4) sexual battery (Civ. Code § 1708.5); (5) Ralph Act violation (Civ. Code § 51.7); (6) fraud, intentional misrepresentation, concealment, false promise; and (7) fraudulent and unfair business practices (Bus. & Prof. Code §§ 17200, et seq.). Plaintiff Jane Doe #2 and Plaintiff Jane Doe #24 bring causes of action one through seven; Plaintiff Jane Doe #32 brings only ca...
2022.02.10 Motion to Strike 441
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.10
Excerpt: ...s Labor Code provisions pursuant to the Private Attorney Generals Act (“PAGA”), California Labor Code §2698 et seq. Defendant also asks the court to take judicial notice of four unreported cases as well as Senate Bill 796 (2013) (Exs. A‐F). As set forth below, Defendant's motion to strike is granted in part and denied in part. The request for judicial notice is granted, with the limitations referenced below. Plaintiff's request for leave t...
2022.02.03 Motion to Enforce Compliance with Settlement 679
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.03
Excerpt: ...greement and preliminary approval order is granted; (2) the hearing on the final approval of the settlement is continued to 9:00 a.m. on May 12, 2022; and (3) Plaintiffs' request for an award of attorneys' fees and costs is granted as requested in the amount of $13,635.00. Counsel for Plaintiffs shall prepare and submit an appropriate order reflecting this ruling and setting forth updated deadlines for Arch to approve the Settlement Administrator...
2022.02.03 Motion for Preliminary Approval of Class Action Settlement 172
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.03
Excerpt: ...ss settlement fund of $200,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/03/22 ‐ 5 ‐ $70,000 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Simpluris) would have costs of administration capped at $4,000. PAGA penalties would be $5,000, resulting in a p...
2022.02.03 Joinder in Motion to Strike or Tax Costs 934
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.03
Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...
2022.02.03 Demurrer 426
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.02.03
Excerpt: ... or before February 18, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/03/22 ‐ 8 ‐ Case Background Plaintiff ROIC owns a commercial shopping center in Pinole ("Pinole Center"). Defendants/Cross‐Complainants are tenants who operated a UPS Store in the Pinole Center. On July 27, 2020, ROIC sued defendants for breach of their lease based on nonpayment of rent. The complaint attaches a copy of the lease a...
2022.01.27 Motion to Strike 432
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.01.27
Excerpt: ...eek's motion to strike is denied. Defendant's unopposed request for judicial notice is granted. Defendant shall file an answer on or before February 16, 2022. A. The Relief Defendant Seeks. The Court notes the comparatively narrow scope of the relief sought in defendant Walnut Creek's motion. The relief sought is limited as follows. First, defendant Walnut Creek has brought only a motion to strike; there is no companion demurrer. Accordingly, def...
2022.01.27 Motion for Discovery Pursuant to Evidence Code 1043 506
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.01.27
Excerpt: ...t McBride, and he was released. The next morning, McBride murdered Franklin. Plaintiffs allege that the officers failed to perform specified mandatory duties in addressing the incident, resulting in Franklin's death. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/27/22 ‐ 2 ‐ Plaintiffs have filed this Pitchess motion in order to obtain information from the Internal Affairs Division investigation concerning th...
2022.01.20 Motion for Approval of PAGA Representative Action Settlement 819
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.01.20
Excerpt: ...meal breaks, failure to pay wages, and derivative violations. Defendant operates a single El Pollo Loco franchise. The total settlement payment is $65,000. This is composed in part of attorney's fees of $22,750 (35% of the total recovery), $2,500 in litigation costs, and up to $7,500 in costs to the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/20/22 ‐ 13 ‐ settlement administrator, ILYM. (ILYM currently est...
2022.01.20 Motion to Strike Complaint 272
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.01.20
Excerpt: ...0 days of the date of this hearing. Background Plaintiffs Alamillo Rebar, Inc. and 361 West Channel Road, LLC sued Janice Alamillo (Janice) for (1) intentional interference with contract, (2) breach of fiduciary duty (ARI), (3) breach of fiduciary duty (LLC), (4) slander of title, and (5) injunctive relief. Janice filed a special motion to strike the complaint, including all causes of action. Analysis "Anti‐SLAPP motions are evaluated through a...
2022.01.20 Motion to Compel Arbitration, Dismiss Class Claims 298
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.01.20
Excerpt: ...claims is granted. The motion to stay the proceedings in this action is granted in part. The PAGA claims asserted in the eighth cause of action of Plaintiff's First Amended Complaint shall be stayed until the arbitration proceeding on Plaintiff's individual claims is fully resolved or November 1, 2022, whichever occurs first. Background Defendant E‐Tech designs, develops and builds clean energy telecommunications and transportation infrastructu...
2022.01.20 Motion to Quash and Dismiss Doe Amendments 322
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.01.20
Excerpt: ...ion 474, and plaintiffs' failure to first seek leave to substitute Does. The motion is granted. Union Oil has shown plaintiffs' counsel had knowledge of sufficient facts to cause a reasonable person to believe liability is probable, with respect to whether Union Oil supplied solvents to plaintiff's place of employment. Background The lawsuit arises from plaintiff, J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's lymp...
2021.12.16 Motion to Strike, Demurrer 810
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.16
Excerpt: ...denied in part, and granted in part, with leave to amend, as detailed in the ruling below. Legal Standards Applicable to 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).) Defendants' motion is made on the ground the allegations they seek to strike "request[] relief not s...
2021.12.16 Motion to Dismiss Complaint 603
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.16
Excerpt: ...ulation and was added as ZOE 7 by a DOE amendment on August 27, 2021. (American National will be referred to as Coast.) Coast was served with the summons and cross‐ complaint on September 14, 2021. Coast now seeks to dismiss the cross‐complaint against it pursuant to Code of Civil Procedure section 583.420(a)(1) based on the failure to serve it with the summons and complaint within two years. Branagh's opposition was filed late. California Ru...
2021.12.16 Motion to Amend Answer 165
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.16
Excerpt: ...wer on or before December 27, 2021. Background On July 12, 2018, plaintiffs filed a complaint against Danville for damages due to alleged contamination (trespass) on and in the vicinity of plaintiffs' property. The substances complained of are hazardous, implicating various federal statutes aimed at pollution control. On September 7, 2018, Danville cross complained against several cross‐ defendants including the Estates, setting forth 13 causes...
2021.12.16 Motion for Preliminary Approval of Class Action Settlement 624
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.16
Excerpt: ...g Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/16/21 ‐ 7 ‐ se...
2021.12.16 Demurrer 426
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.16
Excerpt: ...ller, an attorney, was negligent in his representation of Vannucchi in a separate unlawful detainer proceeding. Preliminary Matters Judicial Notice Supporting the demurrer, Miller asks the Court to take judicial notice of several matters: (1) the unlawful detainer complaint in case number MS19‐0812; (2) title search records related to Vannucchi's former residence; (3) a proof of service purporting to show the various notices given related to th...
2021.12.16 Demurrer 005
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.16
Excerpt: .... Feng (in his official capacity as Presiding Judge of the Superior Court), and T. Michael Yuen (in his official capacity as Chief Executive Officer of the San Francisco Superior Court), have violated relevant provisions of the Penal Code by failing to provide necessary priority to the conduct of criminal trials. In general, Petitioners allege that that there is a “humanitarian crisis in San Francisco's criminal legal system.” More specifical...
2021.12.09 Motion to Dismiss for Failure to Join Indispensable Party 558
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.09
Excerpt: ...elates to the petitions filed by City of Vallejo and the Solano County Water Agency. The petitions brought by the Reclamation District and the Central Delta Water Agency are not subject to this motion (likely because those parties named Ecosystem as the Real Party in Interest). In this ruling, “Petitioners” refers to in the City of Vallejo and Solano County Water Agency and “Petitions” refers to their petitions, which are nearly identical...
2021.12.02 OSC Re Preliminary Injunction 272
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.12.02
Excerpt: ...29 by December 9, 2021. Please see the disposition at the conclusion of this ruling for additional details. Factual Background At issue in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The LLC agreed to sell the Property to...

616 Results

Per page

Pages