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2022.03.09 Motion for Summary Judgment, Adjudication 553
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.03.09
Excerpt: ...d as to cause of action six and denied as to causes of action three, five and seven. Summary judgment is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/09/22 ‐ 6 ‐ Plaintiff SRI Environmental sued the Defendants for (1) breach of oral agreement (Dutch), (2) common count (Dutch), (3) breach of duty of loyalty (Joseph Baughman), (4) conversion (Joseph Baughman), (5) deceit (all Defendants), (6) negligen...
2022.03.09 Motion for Reasonable Attorney Fees 358
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.03.09
Excerpt: ...r her success in vacating discipline and expenses imposed by respondent Board of Registered Nursing. While the court rejected many of petitioner's arguments, it did find that “the weight of the evidence did not support the Board's finding of gross negligence.” (SOD, pp.20‐22.) The court also found the Board violated due process in ordering petitioner to pay the Board's expenses in light of the insufficient evidence. Finally, the court order...
2022.03.02 Motion to Consolidate Trial of Common Issues 871
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.03.02
Excerpt: ...tory relief related to the easement. In this case, Tulloch moved to compel arbitration. Tulloch's motion was granted on August 14, 2019. (Order After Hearing, filed August 14, 2019.) The Vesces claims against Tulloch were ordered to arbitration and the claims against Pacific Union, Kelly Wood and Dana Green were stayed pending resolution of the arbitration. Arbitration has not been completed, although an interim award suggests that the Vesces wil...
2022.03.02 Demurrer, Motion to Strike 615
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.03.02
Excerpt: ...Song‐Beverly Warranty Act; and (3) fraudulent inducement—concealment. Defendant demurs to Plaintiffs' third cause of action pursuant to Code of Civil Procedure (“CCP”) § 338(d) and CCP § 430.10(e) on the grounds that it is barred by the applicable statute of limitations. Defendant also demurs on the grounds that the third cause of action is barred by the economic loss rule. Finally, Defendant demurs to the third cause of action on the g...
2022.02.23 OSC Re Preliminary Injunction, TRO 605
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.23
Excerpt: ...Defendants argue that this is a procedurally defective renewed application for preliminary injunction. Specifically, that the motion does not comply with the requirements of Code of Civil Procedure (“CCP”) § 1008(b). That section provides that “[a] party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or d...
2022.02.23 Motion to Strike, Demurrer 437
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.23
Excerpt: ...causes of action for motor vehicle, general negligence, and intentional infliction of emotional distress and seeks both compensatory and punitive damages. Defendants both move to strike Plaintiff's prayer for punitive damages and exemplary damages. For the following reasons the motion is granted, with leave to amend. The Court may strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading “not drawn . . ...
2022.02.23 Demurrer 615
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.23
Excerpt: ...nt (“FAC”) for (1) violation of Civ. Code § 2923.5; (2) negligence; (3) wrongful foreclosure; (4) unfair business practices (violation of Bus. & Prof. Code § 17200); and (5) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. R...
2022.02.16 Motion to Strike SAC, Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.16
Excerpt: ...rike the word "first" in references in the SAC to the "first" amended complaint at the following page and line numbers of the SAC is granted: p. 2, lines 4, 7, 9, 15, 20, 23, and 28, page 3, lines 3, 11, 12, and 19, p. 10, line 22, and page 11, line 28. The motion CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/16/22 ‐ 4 ‐ to strike paragraph 56 and 57 of the SAC is also granted. The motion to strike paragraph...
2022.02.16 Demurrer 961
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.16
Excerpt: ...amended complaint shall be filed and served by February 28, 2022. Background The FAC alleges, in sum, that plaintiffs are elders who were defrauded in a real property transaction. Specifically, William Brickner, a 71‐year old, and his wife who is 66 (FAC, ¶¶2‐3) bring this action through their attorney in fact / guardian ad litem, Deena Burke, to recover for the fraudulent purchase of a condo by Carol Concilio. Concilio, former attorney in ...
2022.02.16 Demurrer 191
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.16
Excerpt: ...ndants"). For the reasons set forth, the general demurrer and special demurrer for uncertainty are overruled. Background Plaintiff John Rogan alleges that in February 2021, he consented to have a surgical procedure, specifically "a left anterior total hip arthroplasty, including ancillary services and the administration of anesthesia." (Compl. ¶ 7.) Defendants placed vials of spinal anesthetic and a blood clotting agent, tranexamic acid, both wi...
2022.02.09 Demurrer 151
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.09
Excerpt: ...d by the statute of limitations. The court incorporates its ruling on the demurrer to the Second Amended CrossComplaint (“SACC”). In that ruling, the court granted limited leave to amend, as follows: (1) An amendment to paragraph 28 to state the date on which [Smith] was first provided the invoices attached as Exhibit 1 to the SACC or, if he cannot allege a specific date, at least whether he was provided those invoices before January 25, 2017...
2022.02.09 Demurrer 635
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.09
Excerpt: ...he deficiencies in these causes of action. The special demurrer for uncertainty to the third cause of action is sustained, with leave to amend. Background Barbara Scramstad commenced this action by an interpleader complaint against defendants Sam Libicki and Christopher Johnson. Defendant Sam Libicki represented defendant CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/09/22 ‐ 16 ‐ Christopher Johnson in Mr. J...
2022.02.09 Motion for Summary Judgment 507
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.09
Excerpt: ...otion for summary adjudication, are denied because defendant fails to shift the burden of proof to plaintiffs. Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/09/22 ‐ 2 ‐ A detailed recitation of facts was provided in the Court's ruling on plaintiffs' motion for summary judgment and need not be repeated here. Discussion From commencement to conclusion, the moving party bears the burden of persuasion...
2022.02.09 Motion to Strike, Demurrer 695
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.09
Excerpt: .../22 ‐ 4 ‐ The tentative ruling on the UPI demurrer being heard concurrently sets forth a summary of the factual and procedural background of the case. A primary ground for the motion to strike is the untimeliness of the SAC after leave to amend was granted. Plaintiffs apparently attempted to file a motion to allow the late filing of the Second Amended Complaint ("SAC") in early January 2022. Though Plaintiffs' counsel declares that she revise...
2022.02.02 Motion for Summary Judgment, Adjudication 311
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.02
Excerpt: ...with Ryan and Alex (Ryan's wife and former fiancé) for the purchase of defendants' home. The motion for summary judgment is denied. Summary adjudication is granted as to the sixth cause of action for elder abuse, but otherwise denied. The plaintiff has shown triable disputes of material fact, including, but not limited to whether a contract with Alex exists (Fact Nos. 10, 20, 44, 68, 78, 88, 98, 108), and whether Ryan owed a fiduciary duty to pl...
2022.02.02 Motion for Summary Judgment 755
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.02
Excerpt: ...t 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).) A moving plaintiff is not required to disprove any defenses asserted, but must persuade the Court there is no triable issue of material fact as to each element of each cause of action. (Code Civ. Proc., § 437...
2022.02.02 Demurrer 991
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.02.02
Excerpt: ...led as to the Second Cause of Action. Background On or about March 30, 2006, Plaintiff Carol Meier, a married woman, obtained a mortgage loan in the amount of $600,000, secured by the property located at 61 Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the...
2022.01.26 Motion to Quash Service of Summons 827
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.26
Excerpt: ...Plaintiff entered into a Factoring Agreement with Defendant ROC Funding, a New York Limited Liability Company. Plaintiff alleges that even though she was in full compliance with her obligations under the Agreement, on September 4, 2019, Defendant entered a Judgment by Confession in the Supreme Court of the State of New York. Shortly after obtaining the Judgment, Defendant began levying against Plaintiff's bank accounts. Defendant ROC Funding clai...
2022.01.26 Motion for Leave to File Amended Complaint 581
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.26
Excerpt: ...ally allow amendments. The motion is granted. Plaintiff may file and serve the amended complaint by February 7, 2022. The trial court has discretion to allow amendments to the pleadings "in the furtherance of justice." (Code Civ. Proc., § 473.) This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit. (Kittredge Sports Co. v. Superior Court (1989) 213 ...
2022.01.26 Demurrer 251
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.26
Excerpt: ...this conclusion. (Comp. p.3.) The complaint also alleges that “John Doe” is the surviving son of Decedent and sues him as nominal defendant. (Comp. Attachment 2.) Harlee Suida Tuttle was substituted in as John Doe and then served with the complaint. Defendants have demurred based on lack of standing. Code of Civil Procedure section 377.60 states who can bring a cause of action for wrongful death. As relevant here, the statute allows the follo...
2022.01.19 Motion for Summary Judgment 461
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.19
Excerpt: ...on District (also “Con Fire”), Contra Costa County, and Erick Hoglund. Erik Hoglund filed a general denial on March 8, 2019. Plaintiffs filed an amended complaint (“FAC”) on March 29, 2019, and while it is unclear the FAC was ever served on Erik Hoglund, the allegations against him are substantially the same in both pleadings. Both the original complaint, as well as the FAC, allege that on 11/16/2017 at or about 12:47 pm Joanna Papageorge...
2022.01.19 Demurrer 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.19
Excerpt: ...nd. The deadline to amend will be ten days after the date of the hearing on defendant Khawaja's demurrer, currently scheduled for February 9, 2022. Should plaintiff elect not to amend, defendants' time to answer will run from that date. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, defendants Tara Khawaja and Mark Lewis Hinton (collec...
2022.01.12 Motion for Summary Judgment 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.12
Excerpt: ...cause of action included in this case. Plaintiff sued Defendant for premises liability. Plaintiff was injured when he entered the Goodwill location while a couch was being moved. Plaintiff somehow connected with the couch or the dolly being used to move the couch and was injured in the process. Defendant is moving for summary judgment, arguing that the dangerous condition was open and obvious and thus, it was not foreseeable that Plaintiff would ...
2022.01.12 Motion for Summary Judgment 217
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.12
Excerpt: ...��) Nos. 7, 14‐18, 21‐26, 29, 33, 36; Plaintiff's Additional Fact (“PAF”) Nos. 2‐5, 7‐14.) Background Plaintiff argues he was promised he would be given, and, in part, had already been given, an ownership interest in one of defendant Stephen Sutta's companies, but was never given the share certificates evidencing that interest and did not know that he would never receive the remaining ownership interest or any of the share certificate...
2022.01.12 Motion to Declare Vexatious Litigant 991
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.12
Excerpt: ...rive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction, the Property was sold for $950,000 by credit bid from US Bank as Legal Title Trustee for the Truman Trust. The Trustee's Deed Upon Sale was recorded on May 3, 2021. Motion Defendant U...
2022.01.12 Motions for Summary Judgment, Adjudication 277
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.12
Excerpt: ... declaratory relief against Defendant Bas of Tassajara II Homeowners Association (“HOA”) on November 2, 2018. Plaintiffs filed a First Amended Complaint (“FAC”) on May 20, 2021 which added causes of action for breach of fiduciary duty, breach of the CC&Rs, and negligent failure to maintain and/or repair property. The FAC brought in each of the HOA Board of Directors as a Doe Defendant, including Defendant Shawn Hanshaw (“Defendant” or...
2022.01.12 Motion to Compel Arbitration 055
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.12
Excerpt: ...4.) A court must order arbitration if it determines that a valid agreement to arbitrate exists. Here, such agreement exists, as discussed below. Background This lawsuit was filed by plaintiff, Katherine Betz, who is a registered nurse who was employed by defendants from 2006 until 2021. The complaint alleges four causes of action: (1) Retaliation in Violation of Health & Saf. Code § 1278.5, (2) Retaliation in Violation of Cal. Labor Code § 1102...
2022.01.12 Motion to Strike, Demurrer 405
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.12
Excerpt: ...conformity with the laws of this state.” (Code Civ. Proc., § 436, subd. (b). Cf. Center for Self‐ Improvement & Community Development v. Lennar Corp. (2009) 173 Cal.App.4th 1543, 1552‐54 [the taking of a default judgment against a suspended corporate defendant is not a statutory right].) Of course, Performance Settlement will not be able to appear at court hearings, and will not be able to effectively represent itself in response to discov...
2022.01.05 Demurrer 895
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.05
Excerpt: ...Civil Procedure § 430.10(c).) The primary rights theory is applied to determine whether claims involve the same cause of action. (Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384.) Under this theory, “the determinative factor is the harm suffered. When two actions involving the same parties seek compensation for the same harm, they generally involve the same primary right.” (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 798...
2022.01.05 Demurrer 741
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.05
Excerpt: ...te the facts only briefly here. Plaintiff Annie Ko's husband, Peter Chong, died on September 2, 2018, following bleeding and complications from a tonsil biopsy performed by a private physician, Dr. Joel Ross, on August 31, 2018. Ko did not file this wrongful death lawsuit until two years later, on September 2, 2020, even though the statute of limitations on a claim for medical malpractice is one year “after the plaintiff discovers, or through t...
2022.01.05 Demurrer 391
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.05
Excerpt: ...o, LLC, Plaintiff JFP‐AG/Longview, LLC, and Plaintiff JFP‐AG/Carthage, LLC (collectively, “Plaintiffs”)'s Verified Amended Complaint (“VAC”) for declaratory relief and contract reformation. Defendant demurs to Plaintiffs' cause of action for declaratory relief and two causes of action for contract reformation pursuant to Code of Civil Procedure (“CCP”) § 430.10 subsections (e), (d), and (f) on several grounds. As a threshold issu...
2022.01.05 Motion to Intervene 321
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.01.05
Excerpt: ...und This is a wrongful death and elder abuse case. Plaintiffs Brenda Roberts and Terri West are the daughters of decedent Ardist West, Sr., who died on March 4, 2019. Plaintiffs have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/05/22 ‐ 2 ‐ reached a tentative settlement with Defendants. Ms. Lowanda West‐Brown, also a surviving daughter of Mr. Ardist West, Sr., is named a nominal defendant in this action. ...
2021.12.29 Motion for Summary Judgment, Adjudication 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.29
Excerpt: ...nants Thomas Milway and Megan Hansen sued Cross‐Defendants Charles and Sherry Wilcoxsons for declaratory relief (cause of action one) and quiet title (cause of action three). The remaining causes of action included in the second amended cross‐ complaint were brought against Henry and Anne Bailey and those claims have been ordered to arbitration. The notice of motion lists seven issues for summary adjudication. The issues include: 1) Cross‐C...
2021.12.29 Motion for Judgment on the Pleadings 417
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.29
Excerpt: ...misrepresentation, as stated in plaintiff's Fifth Amended Complaint (“5AC”), filed on June 28, 2021. Defendants' MJOP is granted without leave to amend. Plaintiff still has two surviving causes of action, and the parties should be prepared to set a trial date at the next Case Management Conference on January 28, 2022. The Court previously granted defendants' MJOP as to the fraud and negligent misrepresentation causes of action in the Fourth A...
2021.12.29 Demurrer, Motion to Strike 407
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.29
Excerpt: ...gment of dismissal, separate from any formal order on the demurrer, and shall submit that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/29/21 ‐ 18 ‐ proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. HAMP. Plaintiff's claims depend primarily on the legal conclusions alleged in paragraph 17 of the First Amended Complaint. Plaintiff here alleges that defe...
2021.12.29 Motion to Consolidate Cases 615
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.29
Excerpt: ...ank Trust National Association (“U.S. Bank”) (collectively, “Defendants”). Plaintiffs' motion to consolidate is denied. However, the unlawful detainer action is hereby stayed, subject to the conditions set forth below. Analysis Consolidation The Court of Appeal has held in pertinent part as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in ...
2021.12.29 OSC Re Preliminary Injunction 247
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.29
Excerpt: ...l determination in this action, Thomas K. Butt, as well as anyone acting on his behalf, shall not continue to post or otherwise disclose the City's confidential attorney‐client emails, or parts thereof, to any unauthorized person, without first obtaining a waiver by City Council. This includes, but is not limited to that material originally divulged on www.tombutt.com on November 5th and 16th, 2021. A proposed order in accordance with this tent...
2021.12.29 OSC Re Preliminary Injunction 605
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.29
Excerpt: ...dence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) “A preliminary injunction is proper only if there is a substantial basis to suppose that the defendant, if not restrained, will actually engage in the conduct sought to be enjoined.” (Ep...
2021.12.15 Motion to Compel Arbitration and Stay Proceedings 781
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.15
Excerpt: ...rder arbitration if it determines that a valid agreement to arbitrate exists. Here, such agreement exists, as discussed below. Background Plaintiff alleges that he was recruited and hired by defendants to work for defendant RBF Investments, Inc. (“RBF”), having worked for many years in the pawn shop industry. On or about May 24, 2019, plaintiff entered into two agreements: an employment agreement and a shareholder agreement. His verified comp...
2021.12.15 Motion for Summary Judgment, Adjudication 931
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.15
Excerpt: ...r before March 1, 2017, and whether the agreements are sufficiently certain to be enforced. (Disputed Material Fact Nos. 13, 19, 21, 28, 29, 30, 31, 32; Plaintiff's Request for Judicial Notice filed 9/29/21; Def's Ex. B, Rios Depo. at 47:22‐25; 48:20‐21; 128:7‐25; 131:24‐132:2; 133:6‐20; 140:20‐22.) General background The Third Amended Complaint (“TAC”) of plaintiff, Jose Villalobos, alleges five causes of action concerning an all...
2021.12.15 Motion to Amend FAC 547
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.15
Excerpt: ...mplaint, given both her changes in counsel and additional facts learned through discovery. The Court disagrees with Defendant's attempt to distinguish a medical “disability” with a medical “condition” as grounds for prejudice in this matter, and the Court determines that Defendant is not prejudiced by Plaintiff filing the proposed Second Amended Complaint. Defendant also failed to rebut Plaintiff's claims that these additional causes of a...
2021.12.08 Petition to Compel Arbitration and Stay Action 661
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.08
Excerpt: ...r ORDERED to jointly submit a list of potential arbitrators, or barring agreement on the list, to submit a list of arbitrators that meet the requirements of Civ. Code §1281.6. A. Factual and Procedural Background On or about November 6, 2020, the Leungs presented a Residential Purchase Agreement and Joint Escrow Instructions (“Contract”) to Cross‐Defendants Robert and Nicole Murgia (“Murgias” or “Cross‐Defendants”) for the purcha...
2021.12.08 Motion to Compel Arbitration and Dismiss Complaint 461
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.08
Excerpt: ...NIA DEPARTMENT: 21 HEARING DATE: 12/08/21 ‐ 10 ‐ On or about March 26, 2020, Plaintiff Yvette Mitchell purchased a pre‐owned 2018 Toyota Yaris from Defendant El Cerrito Automotive. Plaintiff made a down payment of $7,000 and financed the remainder with Defendant Westlake Financial Services. Shortly after purchase, Plaintiff noticed defects with the vehicle's electronics, structure and interior. Plaintiff alleges Defendant has been unable or...
2021.12.08 Motion for Summary Judgment 451
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.08
Excerpt: ... care, did not breach a duty of care and did not cause Plaintiffs' injuries.” As to the Third Cause of Action for Loss of Consortium, Defendant asserts summary judgment should be granted in its favor because it “was not negligent and, thus, Plaintiff is not entitled to such relief from Defendant.” As explained below, the Court finds the following: (1) Defendant failed to meet its burden to establish the “independent contractor” status o...
2021.12.08 Demurrer 621
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.08
Excerpt: ...termination in October of 2020. Plaintiff alleges employees of Defendant verbally and physically harassed him during the course of his employment on the basis of his sex or perceived sexual orientation. Plaintiff alleges his supervisors and other management members knew about the harassment by personally seeing the actions and hearing the comments, yet his employer failed to prevent the harassment from occurring. Demurrer Pursuant to Code of Civi...
2021.12.01 Motion to Compel Arbitration and Stay Pending Litigation 577
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.01
Excerpt: ... the VP of Facility Services. (Compl. ¶ 6.) He alleges he made two complaints to StoragePro in March 2020 contending that the company was not undertaking proper COVID‐19 precautions, including failing to provide personal protective equipment for company employees. (Compl. ¶ 8.) He also complained to the company because it was allegedly performing work as an unlicensed contractor. (Compl. ¶ 9.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...
2021.12.01 Motion for Summary Adjudication 507
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.01
Excerpt: ...—an obligation plaintiffs claim defendant has breached. The motion is denied. There are, at a minimum, factual disputes as to whether all conditions to performance have been satisfied. Background Luigi and Elena Gallo are the owners of servient tenement, 51 Hidden Hills Place ("the Gallo Property") in Danville, California. (Separate Statement of Undisputed Material Facts in Support of Motion, hereinafter “SSUMF,” No. 1, and response.) Joshu...
2021.12.01 Demurrer 615
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.01
Excerpt: ...r (1) violation of Civ. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) negligence; (4) wrongful foreclosure; (5) interpleader pursuant to Code Civ. Proc § 386, Civ. Code §§ 2924j, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/01/21 ‐ 13 ‐ 2924k; (6) unfair business practices (violation of Bus. & Prof. Code § 17200); and (7) cancellation of written instruments (Civ. Code § 3412). Defendant...
2021.12.01 Demurrer 607
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.01
Excerpt: ...ri Law, LLP and Law Offices of Matthew M. Oliveri for (1) professional negligence (legal malpractice), (2) breach of contract, (3) breach of fiduciary duty and (4) intentional infliction of emotional distress. Cross‐Defendants demurred to each cause of action. The Court overruled the demurrer to the breach of contract claim and otherwise sustained the demurrer. Seddick then filed a first amended cross‐complaint for (1) breach of oral contract...
2021.12.01 Demurrer 151
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.12.01
Excerpt: ...to amend. (CCP § 430.10 (e).) It is sustained as to BCI with leave to amend regarding the First, Second, Third, and Fourth Causes of Action and sustained without leave to amend as to the Fifth, Sixth, Seventh, and Eighth Causes of Action. (CCP § 430.10 (e).) Nothing in this ruling bars Smith from asserting affirmative defenses in his Answer to the Complaint. (See Opening Brief at 8:7‐10.) Leave to amend is limited. Smith may not amend to alle...
2021.11.17 Demurrer 465
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.17
Excerpt: ...f action, but sustained as to the third and fourth causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and served on or before December 1, 2021. Background This case was originally filed in April 2021 as an unlawful detainer, but as tenant has surrendered possession, the case is primarily a ci...
2021.11.17 Motion for Summary Judgment, Adjudication 721
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.17
Excerpt: ...ORNIA DEPARTMENT: 21 HEARING DATE: 11/17/21 ‐ 10 ‐ 2) Violation of Government Code §12940(j) – Failure to Prevent Discrimination, 3) Intentional Infliction of Emotional Distress, and 4) Retaliation and Harassment. As set forth below, Defendant's motion for summary judgment denied. The motion for summary adjudication is GRANTED IN PART and DENIED IN PART. A. General Factual Background Plaintiff is a Hispanic male who has been employed by Ga...
2021.11.17 Motion for Summary Judgment 697
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.17
Excerpt: ...exual abuse committed by Catholic priests, Defendants Jeff Anderson and Anderson & Associates produced a written “report” entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” The report identified approximately 212 priests in the Bay Area who had been accused of sexual misconduct. (UMF No. 13.) Plaintiff's photograph, taken over 30 years ago, was mistakenly included as the picture o...
2021.11.10 Motion for Summary Judgment 051
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.10
Excerpt: ...esponded to a marketing solicitation from defendant Seneca One, LLC. Defendant Nicholas Hruda, who told plaintiff he was vice president, communicated with plaintiff and met with her in person, falsely claiming to be an estate and wealth manager. Defendant Hruda recommended a structured settlement arrangement by which plaintiff would sell some or all of her interest in her lottery proceeds in exchange for a lump sum payment. Hruda proposed to help...
2021.11.10 Demurrers 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.10
Excerpt: ...LLC; AAHS San Pablo, LLC; AAHS Management, LLC; A&A Living, LLC, A and A Senior Living Management, LLC; and DOB Holdings, LLC (collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Therea...
2021.11.03 Petition to Compel Arbitration and Stay Proceedings 551
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...new arbitration will be consolidated with an already‐pending arbitration between plaintiffs and the sellers. Neither side, however, has provided legal authority that the Court has jurisdiction to compel such a consolidation. (Compare Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [the trial court has almost no jurisdiction over a pending arbitration].) Whether such a consolidation takes place would appea...
2021.11.03 Motion to Strike Punitive Damages 055
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...ould plaintiff opt not to amend at this time, Gonzaga's time to answer will run from November 15, 2021. Background and Motion In his complaint, plaintiff Terrence Oniell Brewer alleges that Gonzaga was driving recklessly, speeding, and following plaintiff too closely, which resulted in Gonzaga rear ending plaintiff's vehicle, which was properly stopped at a red light. (First Amended Complaint, “FAC,” p. 5.) After the collision, Gonzaga fled t...
2021.11.03 Motion to Stay Civil Proceedings 907
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...ifth Amendment rights are implicated.  The interest of the plaintiff in proceeding expeditiously with the litigation.  The burden which any particular aspect of the proceedings may impose on defendants.  The convenience of the court in the management of its cases, and the efficient use of judicial resources.  The interests of persons not parties to the civil litigation.  The interest of the public in the pending civil and criminal ...
2021.11.03 Motion for Summary Judgment 267
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...vely, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the Park District for (4) nuisance, (5) withdrawal of lateral support, (6) inverse condemnation, and (7) dangerous condition of public property. For the following reasons, the Park District's MSJ is denied. General Factual and Procedural Background In light of the discrepancy between the Defendant's Separate Statement in support of their motion ...
2021.11.03 Demurrer 261
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...nts were evicted and vacated the property shortly before Ronald Scott was injured at the property, allegedly as a result of a dangerous condition left by Defendants. Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate and he later died from his injuries. Plaintiff Republic Indemnity Company of America provided workers' compensation insurances to Scott's employer. Demurrer Defendants Michael Seals and All Custom Mobile...
2021.10.27 Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.27
Excerpt: ... action are sustained, with leave to amend in accordance with this ruling. Factual Background Plaintiff Vyacheslav Viner ("Slava") alleges his doctor defendant Ramon Beguer, M.D. committed professional practice in performing Slava's hernia surgery and his treatment. Plaintiff alleges the Contra Costa Regional Medical Center ("medical center") is vicariously liable for Dr. Beguer's negligence as his employer. The County is appearing on behalf of t...
2021.10.20 Demurrer 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...od was 32 when she died on July 1, 2020 at John Muir Medical Center in Walnut Creek, CA. (FAC, X, Ex. 1.) Plaintiff Anne McLeod was at her daughter's bedside, as was a nurse who had been caring for Erin prior to her death. (Ibid.) Erin had been at the medical center since June 20, 2020, when she was admitted for abdominal pain attributed to acute colitis. (FAC, IX.) After Erin's death, plaintiff asked the nurse to identify the cause of death, but...
2021.10.20 Motion for Preliminary Injunction 810
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...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 Moving Parties contend Janice Alamillo is wrongfully interfering with the sale of the Property to a third party that was scheduled to close on September 20, 2021. Moving ...
2021.10.20 Motion for Summary Judgment, Adjudication 125
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...nd was then terminated from her position at the company. Defendant moves for summary judgment or alternatively summary adjudication of the following causes of action: (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of FEHA, (3) FEHA discrimination, (5) failure to prevent discrimination CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 4 ‐ and harassment, and ...
2021.10.20 Motion for Summary Judgment, Adjudication 291
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...een completed, and the Court now tentatively rules on the MSJ. By way of a brief introduction, this cases arises from Moran's tenure as the Director of Tennis at the Club. Moran succeeded Sue Leo, who had been the Club's longtime Director of Tennis. It is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 12 ‐ undisputed that in late 2017, Leo decided to retire from the Director position. Leo did not, how...
2021.10.20 Motion to Compel Binding Arbitration 127
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ..., Civil Code § 1790 et seq. ("Song‐Beverly Act") based on Hyundai's breach of its express warranties and implied warranties. Plaintiff alleges she purchased a 2016 Hyundai Tucson that is defective. Plaintiff alleges that "[u]pon [her] purchase of the Subject Vehicle Defendant HYUNDAI issued an express warranty to Plaintiff, which Defendant undertook to preserve or maintain the utility or performance of the vehicle." (2AC ¶ 11.) She further al...
2021.10.13 Motion to Strike FAC 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...
2021.10.13 Motion to Quash, for Sanctions 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...
2021.10.13 Demurrer 411
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...
2021.10.13 Demurrer 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ... Amended Complaint (“SAC”) for (1) conversion; (2) fraudulent deceit; (3) breach of contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) negligence; and (7) intentional infliction of emotional distress. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) conversion: all three Liberty Mutual entities demur to...
2021.10.13 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...mmercial premises in Antioch and for unpaid rent under its lease with Empire. On October 3, 2019, defendant Shareen Naz Adair filed a voluntary petition under Chapter 7 of the Bankruptcy Code, asserting that she was doing business under the fictitious business name iCandy Ventures and that the lease was an asset of her Chapter 7 bankruptcy estate. (RJN Exh. 1.) In its FAC, Empire alleges that Empire and Ms. Adair entered into a written lease for ...
2021.09.29 Demurrer 401
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...f fiduciary duty against Gomez, aiding and abetting breach of fiduciary duty against Gold Star, and intentional interference with prospective economic advantage against Gomez and Gold Star. Background Defendant Ernesto Gomez was first hired by Plaintiff Land Home Financial Services in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originato...
2021.09.29 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...MENT: 21 HEARING DATE: 09/29/21 ‐ 24 ‐ International and KCI. Robert Half has answered, but defendant KCI demurs, arguing that all four counts fail to state a cause of action, are uncertain, and mis‐ join parties. The thrust of KCI's argument is that the FAC fails to allege facts sufficient to support the allegation that KCI was plaintiff's employer. (See FAC, ¶ 13, 20, 29, 35, 41.) Plaintiff argues the FAC sufficiently alleges an employee...
2021.09.29 Demurrer 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...that would address the deficiencies discussed herein, this ruling is without leave to amend. An answer must be filed and served on or before October 12, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/29/21 ‐ 20 ‐ If tenant timely contests this ruling, counsel shall appear at the hearing prepared to discuss any additional facts that could be added to the complaint to cure the issues herein. Meet and Conf...
2021.09.29 Demurrer 725
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...the following claims against it for the failure to allege sufficient facts to state a cause of action: (8) declaratory relief, (9) breach of contract, (10) breach of the covenant of good faith and fair dealing, (11) negligence, (12) violation of 12 U.S.C. section 2061, (13) violation of Business and Profession Code section 17200, (14) negligent / intentional misrepresentation and (15) declaratory relief. As to causes of action 9 and 10, Ocwen als...
2021.09.29 Motion for Summary Adjudication 477
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...n count causes of action fail. Legal Standard Applicable to Summary Judgment Homeowners contend that this action has no merit because, they say, Contractor cannot establish that he suffered any damages as a result of Homeowners' alleged breach of contract. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action ha...
2021.09.29 Motion for Summary Judgment 075
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...parate treatment of Plaintiff on account of her age and perceived disability. Cavallo showed clear favoritism to another younger employee with same job classification, which ostracized Plaintiff. Plaintiff went out on medical leave on February 18, 2019 and did not return to work for Honda. Motion Defendant Honda Finance Corp. brings this motion for summary adjudication of issues on the ground the claims fail as matter of law. Summary Judgment/Adj...
2021.09.29 OSC Re Preliminary Injunction 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...ng any portion of the areas of the property in dispute in this litigation, namely the 28' wide strip of land between 20 Alwin Road and Homestead Avenue, and the entirely of the property located at 1000 Homestead Avenue. 2. Trespassing upon any portion of the property commonly known as1000 Homestead Avenue in Walnut Creek, California. This injunction does not prohibit Greg Hart and Kristin Hart from constructing or repairing a fence along their pr...
2021.09.22 Motion for Summary Judgment, Adjudication 267
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.22
Excerpt: ...i and Plaintiff Megan Frantz (collectively, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the District for (1) inverse condemnation, (2) trespass, (3) nuisance, and (7) dangerous condition of public property. For the following reasons, the District's MSJ is granted. Request for Judicial Notice Plaintiffs request judicial notice of their opposition papers to Pleasant Hill Recreation and Park Distr...
2021.09.22 Demurrer, Motion to Expunge Lis Pendens 991
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.22
Excerpt: ... $600,000, secured by the property located at 61 Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction, the Property was sold for $950,000 by credit bid from US Bank as Legal Title Trustee for the Truman Trust. The Trustee's Deed...
2021.09.22 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.22
Excerpt: ...or a writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) In the alternative, petitioners seek a “trial de novo.” (Gov. Code, § 53069.4.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/22/21 ‐ 31 ‐ The Court finds that the trial de novo procedure is not applicable, because petitioners have not demonstrated that they have had to pay “an administrative fine or penalty.” (Gov. Code, § 53069.4...
2021.09.15 Motion for Leave to File Complaint 311
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.15
Excerpt: ... DATE: 09/15/21 ‐ 3 ‐ California around the time of their wedding in 2018 was a loan, not a gift. Defendants filed their Answer on November 19, 2019, but filed no cross‐complaint against plaintiff then. Now, however, more than a year and a half later, and seven months before their February 2022 trial date, they ask leave to file a late, compulsory cross‐complaint. The proposed Cross‐ Complaint alleges that Elizabeth's husband and Ryan's...
2021.09.15 Demurrer 741
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.15
Excerpt: ...ber 29, 2021. Background The court grants Dr. Ross' Request for Judicial Notice to this extent: it takes judicial notice of the existence, contents, and date of the Coroner's Autopsy Report. The court does not take judicial notice of the cause of death stated in the Autopsy Report based on the very authority that Dr. Ross cites, People v. Castillo (2010) 49 Cal.4th 145, 157 (although courts may CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEP...
2021.09.15 Demurrer 175
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.15
Excerpt: ...ruled; and (c) the general demurrers to the fifth and ninth causes of action are sustained, with leave to amend. Complaint Allegations Defendant David Born is a former employee of Plaintiff Brighton Jones, LLC, a financial management firm. (Compl. ¶¶ 2, 12.) While Born was employed by Brighton, he formed his own competing financial management company, defendant Private Financial Management, LLC ("PFM"), accessed confidential, proprietary and tr...
2021.09.08 Motion to Set Aside Judgment, to Set Aside Quite Claim Deed 825
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.08
Excerpt: ...ross‐defendant Johnson commenced suit against defendant and crosscomplainant John Kenny seeking partition of a condominium unit located in Concord (the "Property") and an accounting. Kenny answered and cross‐complained against Johnson, asserting claims for quiet title and adverse possession of the Property. On June 15, 2020, the Court held a case management conference at which counsel for both parties appeared. (6/15/2020 Min.) Trial was set ...
2021.09.01 Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.01
Excerpt: ...ty and the failure to state facts sufficient to constitute a cause of action: (1) FEHA age discrimination, (4) breach of oral employment contract, (5) intentional misrepresentation, (6) negligent misrepresentation, (7) concealment, (8) breach of fiduciary duty, (9) unjust enrichment and (11) breach of written contract: shareholders' agreement. Uncertainty CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/01/21 ‐ 5...
2021.09.01 Demurrer 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.01
Excerpt: ...e of action for fraud. If plaintiff contests this ruling, he should be prepared to identify such facts at oral argument. Background Plaintiff, Eid Othman, brings suit against GM and several Doe defendants, alleging he purchased a new 2017 Cadillac Escalade ESV on or about November 25, 2018 for personal, family, and/or household purposes pursuant to a contract, purportedly attached to the FAC. (FAC, ¶5.) While there are no exhibits attached, the ...
2021.09.01 Motion to Compel Arbitration and Stay Action 667
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.01
Excerpt: ...). For the reasons set forth, the motions to compel arbitration are granted, and the action shall be stayed pending completion of the arbitration proceedings. Background The five Plaintiffs are former employees of AAA NCNU. They allege ten causes of action for various forms of discrimination, harassment, retaliation, and wrongful termination, among other claims. They also allege a claim against the Company and Defendant O'Dell for intentional inf...
2021.08.25 Motion to Enforce Settlement 191
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.25
Excerpt: ...‐Benz USA (“MBUSA”), Mercedes‐Benz Financial Services USA (“MBFS”) and Sonic Walnut Creek M, Inc. (“MBWC”). The issue before the court is whether the parties to this motion reached a binding settlement agreement through an exchange of emails in April 2021 and/or plaintiff's signing of a subsequent settlement agreement and release, or only a preliminary agreement that would not be effective until a formal written settlement agreeme...
2021.08.25 Motion to Consolidate Case 991
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.25
Excerpt: ...Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. Defendant US Bank National Association is the Legal Title Trustee for Truman 2016 SC6 Title Trust, the holder of the Deed of Trust. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction the Property was sold for $950,000 by credi...
2021.08.25 Motion for Summary Judgment, Adjudication 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.25
Excerpt: ...LP (“National Retail” or “Landlord”). Because Fitness International does not shift the burden to Landlord by demonstrating that the action has no merit, the motion is denied. (See Code Civ. Proc., § 437c, subdiv. (a) & (f).) Background The facts in this case are largely undisputed. Parties entered into a lease agreement dated June 30, 2015, whereby Fitness International agreed to lease property from National Retail. (Statement of Undispu...
2021.08.25 Motion for Summary Judgment 837
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.25
Excerpt: ...shall be filed no later than November 3, 2021, any reply to the opposition shall be filed by November 12, 2021, and courtesy copies of all papers shall be delivered to Chambers concurrent with the filings. Background Plaintiff alleges he was struck by a vehicle driven by defendant Mr. Gomez while riding his bicycle uphill on Pleasant Hill Road after dark. He has also sued defendant Contra Costa County, alleging "poor street lighting, the dangerou...
2021.08.25 Motion for Summary Judgment 005
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.25
Excerpt: ...Ramon, California. She alleges a claim for premises liability based on negligence and willful failure to warn of a dangerous condition at the restaurant. She contends Defendant negligently maintained the premises and failed to place cones to warn customers of the slippery floor when Defendant's employees mopped the floor in the location where she fell. (Gebhart Decl. Exh. A [Pl. Complaint].) Standards Applicable to Summary Judgment Under Code of ...
2021.08.25 Demurrer 151
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.25
Excerpt: ...It is sustained as to BCI regarding the first seven causes of action, with leave to amend. (CCP § 430.10 (e).) Any amended pleading shall be filed and served on or before September 8, 2021. If Smith elects to amend, he shall file a redlined copy of the amended cross‐complaint with his Opposition to any further demurrer, so the court can track the changes. When referring to both cross‐defendants collectively, the court will refer to them as B...
2021.08.18 Motion to Strike Punitive Damages 017
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.18
Excerpt: ...n disregard for the safety of others"; (3) the "Exemplary Damages Allegations" of paragraphs 42 through 48 in their entirety; and (4) paragraph B of the Prayer for Relief in its entirety. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/18/21 ‐ 25 ‐ This ruling is made without prejudice to Plaintiff subsequently moving for leave to amend to reassert a demand for punitive damages if Plaintiff can demonstrate she...
2021.08.18 Motion to Strike Complaint 811
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.18
Excerpt: ...ed infection control officer and licensed paramedic, was employed by plaintiff, San Francisco Federal Credit Union, since November 2017 as an Information Security Engineer. (Fielding Decl., ¶1.) In that capacity, he developed a Disaster Recovery and Pandemic Plan that was approved by the CEO. (Id., ¶2.) When the March 2020 Covid‐19 related shutdown orders went into effect, plaintiff opted not to implement the plan. (Id., CONTRA COSTA SUPERIOR...
2021.08.18 Motion to Dismiss for Forum Non Conveniens 625
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.18
Excerpt: ...Distribution”)'s claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the counties of Benton and Washington, Arkansas as the jurisdiction for these claims. Request for Judicial Notice Walmart requests Judicial Notice of the Walmart Realty Supplier Agreement (“Supplier Agreement”) between Walmart and Plaintiff's affiliate, K2‐PS. (See Walmart's RJN; see also Caps...
2021.08.18 Motion to Compel Final and Binding Arbitration and Stay Action 415
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.18
Excerpt: ...edical Group, Inc. Plaintiff alleges she was wrongfully discharged in retaliation for disclosing Medicare fraud, tax fraud and unprofessional conduct. Plaintiff filed this action for retaliation, wrongful termination and violation of the CA Labor Code Private Attorneys General Act. Motion Pursuant to Code of Civil Procedure §1281.2, Defendant Diablo Nephrology Medical Group, Inc. moves this Court for an order compelling arbitration. Defendant fu...
2021.08.18 Demurrer 261
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.18
Excerpt: ...e some unauthorized modifications to the unit. Defendants' lease was involuntarily terminated and they vacated the premises about a month prior to October 21, 2019. Defendant Cutting Edge Property owned, operated, and controlled the property. Ronald Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate. Scott was in Unit 14 performing his duties as the Property Manager Assistant, when he fell and suffered injuries due t...
2021.08.11 Motion for Summary Adjudication 047
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.08.11
Excerpt: ...gence, and active or passive negligence is limited to $77,800. While Eaglelift's motion was filed when the operative pleading was plaintiff's First Amended Complaint, this ruling applies equally to the current operative pleading, plaintiff's Second Amended Complaint (“SAC”). Thus, this limit on Eaglelift's liability applies to the first four causes of action of the SAC, but not to the fifth. Background The parties provide additional context f...

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