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

343 Results

Clear Search Parameters x
Location: Contra Costa x
Judge: Maier, Clare 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 = 663)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 100,50
Array
(
)
2023.03.02 Demurrer to FAC 240
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...e sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with...
2023.03.02 Motion for Judgment on the Pleadings 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...ark Brouwer, obtained the loan in that is the subject of this action in August 2007. The loan was secured by a deed of trust against her single-family residence, located at 2610 Francisco Way in El Cerrito. Plaintiff alleges GFI is a mortgage loan servicer and lender of sorts. Plaintiff alleges Defendant Gregory Funding, LLC (GFL) is the parent company of GFI. Plaintiff also alleges the two entities are the alter ego of each other. As of February...
2023.02.23 Motion to Strike SAC 603
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.23
Excerpt: ...Sharing Plan v. Ticor Title Ins. Co. (1986) 185 Cal.App.3d 1149, 1155.) Further, plaintiff has failed to allege facts showing that defendant Kensok's conduct was "despicable." (See, College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) In the opposition memorandum, plaintiff argues that the following allegations support SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING...
2023.02.23 Motion for Summary Judgment 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.23
Excerpt: ...ht causes of action. Accordingly, the only remaining cause of action is for breach of oral contract against Defendant Dagen. Defendant Dagen's MSJ is directed toward this single remaining cause of action. For the following reasons, the MSJ is continued to allow time for corrected briefing of this matter. Procedural History Defendants filed their initial Motion for Summary Judgment, or in the alternative, Summary Adjudication on June 10, 2022. The...
2023.02.23 Motion for New Trial or for Additur 024
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.23
Excerpt: ...d for the motion materially affected the rights of the moving party. (Code Civ. Proc., § 657.) A motion for new trial may be brought to challenge a judgment, whether based upon fact or law. (Carney v. Simmonds (1957) 49 Cal.2d 84, 90.) “The right to a new trial is purely statutory, and a motion for a new trial can be granted only on one SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER H...
2023.02.23 Motion for Leave to Amend Complaint 908
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.23
Excerpt: ...s alleged they purchased the residence that they and Gurpinder Kaur lived in from Gurpinder in 2006 and their purchase is reflected in a grant deed recorded in 2012. (Compl. ¶¶ 15-18.) (Because of the similarity of last names, the Court refers to some persons by their first name for clarity.) Plaintiffs alleged in 2014 Gurpinder advised them he needed to borrow money. (Compl. ¶¶ 19, 20.) He asked them to agree to convey title to 50% of the pr...
2023.02.16 Motion to Require Furnishing of Bond 106
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.16
Excerpt: ...and Yagya Shrestha, individually, and as members of Nepali Association of Northern California (“NANC”). Defendants are Ishwar Sitaula, Kailesh Thapa, Killeshwor Malla, Preetesh Karki, Rabindra Kumar Rai and NANC. The operative complaint is the First Amended Complaint filed on August 19, 2022 (“FAC”). Plaintiffs allege that NCC is a nonprofit public benefit corporation organized in 2020. (FAC, ¶ 3) They allege that NANC is a nonprofit pub...
2023.02.16 Motion for Attorney Fees 063
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.16
Excerpt: ...for attorneys' fees and costs. The motion seeks an award of $40,570.60, which includes $25,508.00 in attorneys' fees, $2,634.80 in costs, a $8,927.80 lodestar multiplier, and an additional $3,500 for this motion. Defendant asks the court to deny the motion entirely, or, in the alternative, to award a reduced amount. On December 1, 2022, this Court heard argument regarding the proposed denial of Attorney's fees based on, among other issues with th...
2023.02.16 Demurrer, Motion to Strike 584
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.16
Excerpt: ...laintiffs William Duby and Rachelle Duby entered into a written residential lease with Defendant Bradley Lewis. The single-family rental property is located at 126 Ivy Drive in Orinda. The couple lived in the property with their two children since that time until they vacated the property on December 11, 2022. Plaintiffs allege a significant mold problem existed throughout their tenancy, and Defendant was aware of the problem but failed to remedi...
2023.02.16 Demurrer, Motion to Strike 543
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.16
Excerpt: ...murrer is sustained, with leave to amend except as to the ninth and twelfth causes of action for preliminary injunction and negligent interference with contractual SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 02/16/2023 25 relations, respectively. The Demurrer to those causes of action is sustained without leave to amend. Request for Judicial Notice Defendants' unopposed ...
2023.02.16 Demurrer to FAC 106
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.16
Excerpt: ...Allegations of Complaint Plaintiffs are Nepali Community Center (“NCC”) and Anil Pandey and Yagya Shrestha, individually, and as members of Nepali Association of Northern California (“NANC”). Defendants are Ishwar Sitaula, Kailesh Thapa, Killeshwor Malla, Preetesh Karki, Rabindra Kumar Rai and NANC. The operative complaint is the First Amended Complaint filed on August 19, 2022 (“FAC”). Plaintiffs allege that NCC is a nonprofit public...
2023.02.16 Demurrer to Complaint 242
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.16
Excerpt: ...Z, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 02/16/2023 13 Specialized Loan Servicing, LLC's (“Defendant SLS”) demurrer to Plaintiff's Complaint. The Complaint alleges seven causes of action: violations of (1) California Civil Code § 2923.55 and (2) 2923.7; (3) Negligence; (4) Negligent Misrepresentation; (5) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”); (6)...
2023.02.09 Motion for Attorney Fees 737
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: ...infliction of emotional distress and (5) declaratory relief. The complaint arises from an underlying lawsuit where Shefayee sued the Sahars (Contra Costa Court case #MSC18-01416). Miller acted as Shefayee's attorney in the underlying lawsuit. The complaint in this case was filed twice. Once on March 23, 2022 (MSC22-00746, “D18 Case”) and once on April 18, 2022 (MSC22-00737, “D36 Case”). Plaintiffs submitted the D18 case for filing by mail...
2023.02.09 Demurrer 005
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: ...s the fourth cause of action. The Notice states that the demurrer is “made pursuant to Code of Civil Procedure Section 430.20(1) (sic) that each cause of action pleaded in the Complaint does not state facts sufficient to constitute a cause of action.” The Court notes that there is no CCP section 430.20(1), and section 430.20 pertains to filing a demurrer to an answer. Given that Defendant appears to be arguing that the cause of action “does...
2023.02.09 Demurrer to FAC 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: ...) negligence, (3) intentional infliction of emotional distress, (4) fraudulent concealment, and (5) public nuisance. Also before the Court is Defendants' Motion to Strike Portions of Plaintiff's First Amended Complaint. Defendants' Demurrer is sustained without leave to amend as detailed below. Defendants' Motion to Strike is denied as moot. Summary of Allegations Plaintiff and her boyfriend checked into the Crowne Plaza Concord, located at 45 Jo...
2023.02.09 Special Motion to Strike 598
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: .... To ensure a complete record, Defendant is ordered to submit the special motion to strike for filing no later than December 8, 2023. Plaintiff is suing Defendant for slander of title based on the filing and recording of a lis pendens in case MSC21-01312 (King v. Huang). Defendant brings this special motion to strike Plaintiff's complaint in this case. In the underlying action (King v. Huang), Defendant sued Plaintiff for various claims related t...
2023.02.09 Motion for Leave to File Complaint in Intervention, Demurrer 546
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: ... The 2019 Bylaws of Garaventa Enterprises permit amending the existing bylaws by written consent of the holders of a majority of the outstanding shares. On July 27, 2022, Louisa and Silvio amended Garaventa Enterprises' 2019 bylaws by written consent. The Bylaws were amended to (a) establish process for noticing an annual shareholder meeting in the event an annual meeting has not been held within 15 months of the last SUPERIOR COURT OF CALIFORNIA...
2023.02.09 Motion for Summary Judgment 888
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: ...and Damages. Defendants filed their Answer (titled a “Reply”) to the Complaint on November 18, 2021. It appears Defendants filed a second “Reply” on January 10, 2022. Defendants filed a motion to dismiss on July 5, 2022. While that motion was pending, Defendants filed a third “Amended Answer” to the Complaint on August 1, 2022. The motion to dismiss was denied on August 30, 2022. The instant motion for summary judgment was filed on Oc...
2023.02.09 Motion to Set Aside or Vacate Default Judgment, to Dismiss Action 624
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.09
Excerpt: ...alleging that Defendant Anderson was never served with the Summons and Complaint. For the following reasons, the Motion is denied. Plaintiff's Request for Judicial Notice is granted, California Evidence Code §452(d). Brief Procedural Timeline: April 6, 2016. Summons and Complaint filed. April 12, 2016. Defendant Imbee, Inc. served. May 23, 2016. Default entered against Imbee, Inc. July 28, 2016. Defendants Anderson and Fanlala, LLC served. Augus...
2023.02.02 Motion for Leave to File SACC 794
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.02
Excerpt: ...n August 20, 2019. On October 31, 2019, Defendant – in pro per at that time – filed a cross‐ complaint alleging eight causes of action against Plaintiff and Cross‐Defendant Michael Murphy (“Plaintiff”). Defendant's current counsel substituted in as counsel of record in December 2019. On April 23, 2021, Defendant filed a motion for leave to file a first amended cross‐complaint (FACC) to add four new causes of action and a new cross�...
2023.02.02 Demurrer 364
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.02
Excerpt: ...A3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff alleges he discovered the vehicle had been in an accident...
2023.01.26 Motion to Strike Complaint 991
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...rvice of the amended complaint in which to respond. Background This is a revival action brought by Plaintiff S.C. for repeated acts of childhood sexual assault committed upon her after being placed in a foster home in Vallejo in approximately 2006. (Complaint, ¶¶ 25‐26.) Plaintiff alleges she disclosed her abuse to her social worker who was then employed by Defendant Contra Costa County (“County”). Plaintiff alleges that no investigation ...
2023.01.26 Motion for Summary Judgment 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...laint, filed 5/18/2021.) Defendants were the buyer's brokers for this deal. Plaintiff entered into a contract with Yu on December 14, 2018 where Plaintiff agreed to sell real property located in Hercules. Escrow was to close on January 28, 2019. (De Leon dec. ¶4.) De Leon sent Plaintiff a request of extension of time on January 21, 2019, which Plaintiff ignored. (De Leon dec. ¶7; Colbert depo. 99:15‐17) On January 25, Plaintiff requested that...
2023.01.26 Demurrer 588
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...aintiff Shalini Sharma, an experienced heavy equipment operator, was severely injured when the door of a motor grader snapped out of place and struck her in the head. Plaintiff was working at an ARS construction site when the incident occurred. Defendant American Equipment Company (“AMECO”) allegedly manufactured, sold, or leased the “defective” equipment to ARS. Plaintiff also alleges NorCal Rental Group, LLC helped manufacture, supply a...
2023.01.19 Demurrer 664
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.19
Excerpt: ...s Amended Answer to Plaintiffs' First Amended Complaint. Plaintiffs demur to Defendants fourth, fifth, thirteenth, fourteenth, sixteenth, eighteenth, twentyfourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, and thirty‐third affirmative defenses on several grounds. For the following reasons and as detailed further below, the demurrer is sustained‐in‐part and overruled‐in‐part. For those affirmative defenses that the Court sustains...
2023.01.19 Motion to Dismiss 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.19
Excerpt: ...n B. Jones Law, Inc., (collectively, “Defendants” or “SBJLG.”) All of the entities are owned and operated by Defendant Shannon B. Jones. Plaintiff began working for the Defendant Jones Law Group on or about July 1, 2010, as a part‐time financial assistant. On or about August 9, 2010, Defendant Shannon Jones offered Plaintiff the position of controller. Over the course of her employment, Plaintiff alleges she became concerned that Ms. Jo...
2023.01.19 Motion to Strike Complaint 738
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.19
Excerpt: ...lthus, LLP. Procedural Background Plaintiffs Wanag Tahatan‐Bey, Tanya Stutson Absolute Trustee to Cestui que Trust for Blind Trust Kevin Woodruff & Tanya R. Stutson filed their initial Complaint (“Complaint”) on August 24, 2022. That Complaint named as defendants (misspellings in Complaint): Secretary of Veterans Affairs, Mellissa Robbins‐Coutts, Decorah A. Boyed, and McCarthy & Holthus, LLP Law Firm. (Complaint at p.2, 4) The Complaint i...
2023.01.12 Motion to Strike 901
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...osecution and abuse of process. Defendant seeks to strike both causes of action pursuant to Code of Civil Procedure section 425.16. Standard “Resolution of an anti‐ SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate...
2023.01.12 Motion for Summary Judgment 345
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...ones Law Group and Shannon B. Jones Law Group, Inc. (collectively “SBJLG”) In or about January 2010, Cross‐Defendant Christy Olson became employed with Shannon B. Jones Law Group, the predecessor to Shannon B. Jones Law Group, Inc. as a legal assistant. Ms. Olson was terminated on or about May 5, 2017. On or about July 21, 2017, Christy Olson filed a wage and hour action against SBJLG. Ms. Olson's Complaint asserts that she was not paid for...
2023.01.12 Motion for Reconsideration 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...nd Plaintiff filed the initial the Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication (“MSJ”) on June 10, 2022. Plaintiff filed its initial opposition to the MSJ on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ an...
2023.01.12 Demurrer to TAC 076
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...n Mbadike‐Obiora, MD is a family practice physician with a clinic in Concord. Plaintiff was shareholder of Defendant Central East Bay IPA Medical Group, dba Muir Medical Group IPA (Muir IPA). Defendant Kenneth Bowers is a member of the Board of Directors of Muir IPA and Defendant Ute Burness is the Chief Executive Officer of Muir IPA. On or about October 9, 2008, Plaintiff purchased a clinic in Contra Costa County from Dr. Bernard Wolf, a share...
2023.01.12 Demurrer 005
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a)(2).) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (CCP § 430.41(a)(1).) In particular, as part of the meet and confer process,...
2023.01.12 Special Motion to Strike 901
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...RE MAIER HEARING DATE: 01/12/2023 Standard “Resolution of an anti‐SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second ste...
2023.01.09 Demurrer 034
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.09
Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...
2022.12.15 Demurrer, Motion to Strike 404
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...s and the managers of 400 Taylor Holdings LLC. In 2007, Bimal Patel and Matthew Sirott formed 400 Taylor Holdings LLC by adopting a preliminary Operating Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE...
2022.12.15 Demurrer to FAC 240
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...ellation of the trustee's and foreclosure sale and (3) fraud and deceit and/or negligent misrepresentation pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. (The second cause of action for wrongful foreclosure is not alleged against Defendant Project Lift Up.) For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complai...
2022.12.15 Motion to Compel Responses to Subpoena 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...und good attorney skills. Man was I wrong. After seeing the wheels come off his supposed “strategy” in a humiliating (but very predictable) crash and burn after his slow pace stretched the case timeline out unnecessarily, it became apparent that I had performed the professional equivalent of handing my teenage son the keys to a new Lamborghini. I've done a fair bit of reflection since then, and have been pondering the following: Is he the big...
2022.12.15 Motion to Consolidate Actions 018
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 20 of 24 The Court will refer to this case by the last two digits of the docket number, i.e., the “18 Case.” Two other cases that generally relate to the Project are currently pending: C22‐00045 (the “45 Case”) and C22‐00227 (using the last three digits of the docket number, i.e., the “227 Case”) The defendant in the 18 Case, Divine Development Corp. LLC (“Divi...
2022.12.15 Motion to Quash Summons 543
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...yled as being brought against Defendant “Café Campos Altos E.E. dba Our Coffees, Inc.” (“Our Coffees”) and Does 1 through 10. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 23 of 24 Peet's retained a California registered process server to serve the summons, complaint, and accompanying documents. (Declaration of Robert D. Eassa (“Eassa Decl.”) E...
2022.12.08 Motion to Disqualify Counsel 898
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.08
Excerpt: ...OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/08/2022 Page 3 of 16 Standard Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature...
2022.12.08 Motion for Summary Judgment 998
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.08
Excerpt: ...9, 2018. She alleges defendant Charlie Paul Ramos rear‐ended her vehicle when she had slowed before making a right turn from northbound L Street onto Sycamore in Antioch. (Compl. p. 5.) Ramos filed an answer to the Complaint on September 2, 2021, alleging as his seventh affirmative defense that Plaintiff's claim is barred by the doctrine of accord and satisfaction. Plaintiff is represented by the Joseph Farzam Law Firm, and was formerly represe...
2022.12.01 Motion to Transfer Venue 903
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...791 is granted. For the reasons set forth below, Defendant's Motion is denied. The matter is stayed pending resolution of the criminal matter currently pending in Alameda County Superior Court – Case No. 21‐ CR‐005791. Factual Summary This matter involves a personal injury action wherein Plaintiff Andrew Altamirano (“Plaintiff”) alleges that Defendant Dominic Garibaldi (“Defendant”) physically assaulted him resulting in injury to Pl...
2022.12.01 Motion for Summary Judgment, Adjudication 213
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...ction, and as to Thomas Atherstone, defendant named only in the fifth cause of action, is granted. To the extent that Pawnee's pending motion also seeks entry of a default judgment against defendant Granite, that portion of the motion is denied, without prejudice to Plaintiff re‐filing the motion as a separate motion for relief which will be heard on January 11, 2023 pursuant to the Court's prior order setting the default prove‐up hearing. Pl...
2022.12.01 Motion for Summary Adjudication 073
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...ch owns an undivided 50% interest as tenant‐in‐common in a residential property located at 1670 San Luis Road in Walnut Creek. Defendant Oscar Hernandez is the owner of the remaining undivided 50% interest in the property. Plaintiff is Danelia Hernandez's daughter. Danelia and Oscar Hernandez, an unmarried couple, purchased the subject property in 1992, and held title as tenants in common. Danelia Hernandez transferred her 50% interest in the...
2022.12.01 Motion for Attorney Fees 063
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...lement was filed. Plaintiff has now filed a motion for attorneys' fees and costs. The motion seeks an award of $40,570.60, which includes $25,508.00 in attorneys' fees, $2,634.80 in costs, a $8,927.80 lodestar multiplier, and an additional $3,500 for this motion. Defendant asks the court to deny the motion entirely, or, in the alternative, to award a reduced amount. For the following reasons, the Court denies Plaintiff's motion for attorneys' fee...
2022.12.01 Demurrer 694
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...PARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/01/2022 purportedly sets forth three causes of action, namely: (1) Breach of Written Contract; (2) Common Counts; and (3) Declaratory Relief. Cross‐ Defendant demurs to the FACC in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendant also demurs to each of the above causes of action individually on the basis th...
2022.10.27 Demurrer to TAC 245
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.27
Excerpt: ...t leave to amend. Demurrer to the Fifth Cause of Action (Violations of Unfair Competition Law) is overruled. Background Plaintiffs Yesenia Chavez and her family, along with six other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlordtenant habitability case. On February 24, 2017, Plaintiffs filed suit against SEKK Investments Diane LLC, current owners of the subject ...
2022.10.27 Demurrer 925
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.27
Excerpt: ...ules on the demurrer as follows: Defendant demurs to the sole cause of action for quiet title pursuant to the Code of Civil Procedure section 430.10(e) on the grounds that the First Cause of Action does not state facts sufficient to constitute a cause of action. Defendant asserts that the first cause of action for quiet title fails as a matter of law because the deed of trust (“DOT”) does not convey possession. This is correct. A mortgage or ...
2022.10.20 Motion for Summary Judgment 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.20
Excerpt: ..., 8, 14, 15, 16, 18, 19, and 22. It is denied as to defenses 1, 3, 6, 9, 10, 11, 12, 13, 17, 20, 21, 23 and 24. The answers filed by Yu and Martinni are nearly identical and the parties' papers in supporting of and opposing these motions are nearly identical. Martinni did not file its own opposition memorandum, but its response to the separate statement is very similar to Yu's response to the separate statement. The evidence opposing both motions...
2022.10.20 Demurrer to FAC 173
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.20
Excerpt: ...rriage and awarding both spousal and child support to plaintiff. On October 16, 2020, Colin Waugh died testate. On June 11, 2021, defendant Lynn L. Kampfen was appointed executor of his estate. (FAC, ¶13.) A probate action is currently pending in this County, Case No. P21‐00417. (FAC, ¶13.) Defendant Kampfen is also believed to be trustee of the Colin Waugh Trust dated May 29, 2015, which is the sole beneficiary of the estate. (FAC, ¶14.) Pl...

343 Results

Per page

Pages