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2024.05.17 Motion to Strike 237
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...(“District”) is a reclamation district that owns and controls levees and drainage facilities in Contra Costa County. The District owns and operates a levee that runs through a portion of Defendants' Property. District policies prohibit encroachments on the levee crown (e.g. fences or gates), so that its employees will have unobstructed access to the levees. (¶ 25.) In or around August 2022, Defendants' representative contacted the District t...
2024.05.17 Motion to Enforce Settlement, for Attorney Fees 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ... gr anted. Mazzarella may prepare and submit a proposed judgment consistent with the SFSU and this order, after circulating the document for approval as to form. Mazzarella's request for attorney fees is granted in part. Mazzarella is awarded attorney fees and costs in the amount of $3,560. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/17/2024 Background Defendan...
2024.05.17 Motion for Summary Judgment 647
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...tions, L LC, is unable to prevail on its complaint for breach of contract, as discussed below. In response, plaintiff fails to raise triable issues of fact. Cambra shall prepare and circulate a proposed form of judgment, separate from any order on this motion, to submit for the Court's signature. Factual and Procedural Background The facts are largely undisputed. Defendant, Ronald Cambra lives at 1364 Warren St. in Martinez, a property he inherit...
2024.05.17 Application for Right to Attach Order 708
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...hou t prejudice. Background Happy Hours, LLC executed a Promissory Note and Business Loan Agreement each dated May 27, 2022 in favor of Plaintiff Stearns Bank National Association reflecting a loan in the original amount of $10.9 million. (Bell Decl. ¶ 9 and Exhs. 1 and 2.) The loan was secured by a deed of trust on real property located in Desert Hot Springs, California (“Property”). (Bell Decl. ¶ 10.) The loan was guaranteed as reflecte...
2024.05.10 OSC Re Preliminary Injunction 670
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.10
Excerpt: ...Society, FSB, as t rustee for Verus Securitization Trust 2020 -1; NewRez LLC f/k/a New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing (collectively, “Defendants”) for (1) violation of Civ. Code § 2923.6; (2) breach of contract; (3) breach of covenant of good faith and faith dealing; (4) violation of Bus. & Prof. Code § 17200; (5) cancellation of instruments; and (6) declaratory relief. Before the Court is Plaintiff's Motion for prel...
2024.05.10 Motion to Vacate Dismissal 850
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.10
Excerpt: ... B ernice Robertson, individually and as Trustee of the Bernice Robertson Exempt Trust. For the reasons set forth, the motion is granted in part. The dismissal shall be vacated, and the Court will enforce the Settlement Agreement by entry of a judgment under Code of Civil Procedure section 664.6 pursuant to the terms of the Settlement Agreement. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) The motion is denied to the extent Petitioner seek...
2024.05.10 Motion to Strike 921
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.10
Excerpt: ... and comme rcial space. As part of this process, ROEM needed an easement agreement with the neighboring property (at that time it belonged to the Smiths). On August 2, 2016, ROEM and the Smiths executed an easement agreement, which addressed parking and provided for reciprocal public and emergency vehicle access. (Comp. ¶8 and ex. A.) The easement was recorded in 2017. (Comp. ¶11.) In 2019, the Smiths sold their property to Windmill Farms and H...
2024.05.03 Motion to Strike 761
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
Excerpt: ...en business tort relate d cause of actions. For the following reasons, the Demurrer is sustained as to the Breach of Contract Against Gary Johnson, and Violation of Business and Professions Code §§ 17200 et seq. causes of action and overruled as to the remaining causes of actio n. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their Demurrer in detailing their meet and confer efforts with Plaintiff...
2024.05.03 Motion to Strike 669
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
Excerpt: ...ideo confer ence with the party who filed the pleading that is subject to the demurrer….” (Cal. Code Civ. Proc. § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (Cal. Code Civ. Proc. § 430. 41(a)(1).) The demurring party shall file and serve a declaration stating that either: “(A) The means by which the demurring party met and conferred with the party who...
2024.05.03 Motion to Compel Arbitration and Stay Proceedings 056
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
Excerpt: ... Medic al Group, Inc.'s motion to compel arbitration and stay proceedings is continued for further proceedings. Plaintiff sued Defendants for various employment related claims. Defendants filed this motion to compel arbitration arguing that Plaintiff agreed to arbitrate her disputes during her onboarding process. (Both sides treat the two defendants, Laseraway Holdings, LLC and Laseraway Medical Group, Inc., as one entity for purposes of the arb...
2024.05.03 Demurrer 060
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.03
Excerpt: ...3) Negligent Infliction of Emotional Distress. Defendant demurrers to the second and third causes of action. Overview of Complaint Plaintiff Daryl Merritt is the son -in -law of Defendant Andrea Merritt. (¶ 1.) Defendant is litigating a dissolution of marriage from Plaintiff's father – Ronald Merritt. (¶ 8.) Plaintiff alleges that the reason for the separation was Defendant's erratic behavior and acts of domestic violence against his father....
2024.04.26 Demurrer 827
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.26
Excerpt: ...Cal.4th 919, 924, fn. 1.) General Allegations of the Complaint The Complaint in this matter alleges causes of action for negligence, premises liability, and wrongful death. On February 12, 2022, Llaneth Chavez and her daughter Malya Goyal visited Malya's father – De fendant Charu Goyal – at his home located at 16 E. Ridge Court in Danville (the “Property”). (¶2 -4.) It is alleged that the Property had a swimming pool. (¶5.) The swimming...
2024.04.26 Motion to Compel Arbitration 639
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.26
Excerpt: ...�) Motion To Compel Plaintiff Vincent Garrett's claims to binding arbitration and stay the stay the state court proceedings pending arbitration. The Motion relates to Plaintiff's Complaint for (1) Violations of the Consumers Legal Remedies Act, Civil Code § 1750; (2) V iolation of the Automobile Sales Finance Act, Civil Code § 2981; (3) Violation of Penal Code § 496; (4) Fraud and Deceit; (5) Negligent Misrepresentation; (6) Violation of the R...
2024.04.26 Petition for Writ of Mandate and Declaratory Relief 955
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.26
Excerpt: ...the proje ct is inconsistent with the City's Municipal Code and General Plan, that the City violated the Housing Accountability Act (Gov. Code § 65589.5, or “HAA”), and that the City violated the California Environmental Quality Act (Public Resources Code § 21000 et seq., “CEQA”). CAMPAD's Petition for Writ of Mandate and Declaratory Relief is denied. I. Background This consolidated matter involves a proposed development project at a pr...
2024.04.19 Motion to Set Aside Entry of Default 529
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.19
Excerpt: ...ation t hat he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a letter to Plaintiff on July 11, 2023. Defense counsel heard nothing from Plaintiff until he received a copy of the request for default in the mail around August 21, 2023. On August 22, 2023, Defendant attempted to file an answer that was rejected by the court because default had been entered. Defendant moves to set aside the defa...
2024.04.12 Motion to Strike 879
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ... 2023 she, as tenant, entered into a written agreement with defendant Starwood Enterprises, LLC (Starwood), as landlord, to rent the premises located at 1907 Hoffman Boulevard in Richmond. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMEN T 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 (Complaint, ¶ 9.) Plaintiff alleges the premises suffers from substantial habitability defects, including “rodents/ins...
2024.04.12 Motion to Set Aside Stipulated Settlement Agreement 583
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ...ment a nd settlement agreement on the grounds that “the judgment was entered into in the absence of a trial on the merits and as the result of fraud in the inducement, surprise, mistake, inadvertence and excusable neglect and as to the fraudulent acts of Defendan t, including tax evasion, serving to void the transaction based upon the extrinsic fraud of the Defendants.” The Court has carefully reviewed the papers submitted by Plaintiff in sup...
2024.04.12 Motion to Dismiss or Stay 957
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ...e agreed u pon SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 forum. For the reasons set forth, the motion is granted as to Plaintiff's second, third, fourth, and sevent h cause of actions asserted against Defendant Garda, and the sixth cause of action against Defendants Garda and Poppy Bank in the FAC; further, this action shall be stayed pending the outc...
2024.04.12 Motion for Summary Judgment 200
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ...injur ed while skating at a skatepark owned by the City on February 5, 2021. Plaintiff was born in 1987 and thus, was over 12 years old when the accident occurred. (Roark depo. 6:17 -18.) The City is a public entity and owns and maintains the skatepark. (Helfenbe rger ¶2.) The skatepark has a bowl structure for people to skate. (Helfenberger ¶3.) In the center of the lowest part of the bowl is a drain. (Helfenberger ¶3.) According to the City'...
2024.04.12 Motion for Leave to File FAC 084
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ...ENT 18 JUDICI AL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 their first amended complaint is granted but the Court does not "deem" the first amended complaint filed. Rather, Plaintiffs shall file their First Amended Complaint with the Court and serve the amended pleading on Defendant's counsel by April 22, 2024 Background This case involves a dispute between parents and their daughter/step - daughter over the parties'...
2024.04.12 Demurrer to TAC 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.04.12
Excerpt: ...does, review document s in its own file without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the “Property”). The Sellers of the Property purchased the Property and performed improvements thereon, which were completed by March 2018. (¶ 16.) On or about March 7, 2018, Plaintiffs p...
2024.03.22 Motion to Set Aside Dismissal 880
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.22
Excerpt: ...relevant h istory of this action, Plaintiff filed his complaint on October 7, 2020 alleging causes of action against Defendants Vinnie's Bar & Grill and David Marcos Perez for (1) battery, (2) false imprisonment, (3) negligent hiring, retention and supervision, (4) n egligence and (5) violation of the Bane Act (Civ. Code § 52.1). At the first Case Management Conference (CMC) on February 24, 2021, Plaintiff's counsel did not appear, and an Orde...
2024.03.22 Demurrer to FAC 090
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.22
Excerpt: ... barred by the applicable statute of limitations is subject to a general demurrer for failure to state of cause of action. (SLPR, L.L.C. v. San Diego Unified Port Dist. (2020) 49 Cal.App.5th 284, 306.) A demurrer may be sustained based upon the statute of limitations only when the facts alleged in the complaint or matters which the judge took judicial notice clearly establish that the cause of action is barred. (Mitchell v. State of Dep't of Pub...
2024.03.15 Motion to Strike Out Pleadings 652
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ... of motion to strike the whole or any part of the pleading. (Code Civ. Proc. (“CCP”) § 435(b)(1); Cal. Rules of Court, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/15/2024 Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any ple...
2024.03.15 Motion for Summary Judgment 629
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ... causes of action for 1) prof essional medical negligence and 2) loss of consortium. Defendants' Request for Judicial Notice of Plaintiffs' Complaint is granted. As discussed herein, the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DAN IELLE K DOUGLAS HEARING DATE: 03/15/2024 Court overrules Plaintiffs' objections to the Declaration of Cynthia Goodman, MD and sustains in part Defendants' objection...

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