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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 for Determination of Good Faith Settlement 069
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...Evalua tion of the parties' allocation of settlement proceeds is committed to the sound discretion of the trial court in the good faith settlement approval process. The court may rely on its own expertise and the opinions of experts in reaching a determination of the good or bad faith of a settlement. However, the court may not be able to do more than simply make a best estimate, and any challenge to the agreement's assigned value should ...
2024.03.15 Motion for Judgment on the Pleadings 991
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...024 a ny factual allegations that could cure the defects in this cause of action, leave to amend is not granted. County's notice of motion was defective because it requests judgment on the pleadings as to the first cause of action for negligence and as to a non -existent fourth cause of action for “negligent hiring, retention and/or supervision.” County argues the Court should excuse the defect and dispose of all causes of action against it ...
2024.03.15 Motion for Relief from Default 222
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...defaul t was entered on August 21, 2023. On September18, 2023, Defendant filed her motion to set aside. Defense counsel states in his declaration that he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a lette r 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, ...
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...
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...
2024.03.08 Motion to Set Aside Default 148
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.08
Excerpt: ...”) §473( b). Code of Civil Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, ot...
2024.03.08 Motion to Bifurcate 396
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.08
Excerpt: ...olye r purchased the Property with Defendants Gershon Luria and Irit Sanger Luria in 2011. At some point in time, the Parties' relationship devolved and Plaintiffs decided they did not want to continue to co -own the Property with Defendants. Plaintiffs filed t heir initial Verified Complaint for Partition of Real Property on March 7, 2016. On March 25, 2016, Defendants filed a separate action (MSC16 -00579) which involved issues related to th...
2024.03.01 Motion to Strike, Demurrer 245
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.01
Excerpt: ...eclarato ry relief; and (7) temporary restraining order, preliminary injunction, and permanent injunction. Defendants demur to Plaintiff's entire Complaint and each cause of action for each cause of action therein for failure to allege sufficient facts to state a claim, demur to the fraudulent concealment and interference with existing contracts causes of action for uncertainty, and demur to the declaratory relief cause of action for alleging voi...
2024.03.01 Motion for Leave to File SAC 822
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.01
Excerpt: ...ew Dau ghters as individual defendants, add a cause of action for intentional tort against them, and to seek punitive damages against Martina Animal Rescue and the individual board members. Defendant Martina Animal Rescue opposes the motion on several grounds inc luding inadequate counsel declaration and substantive challenges to the proposed causes of action against Laura Plunkett and Matthew Daughters. For the following reasons, the motion is g...
2024.03.01 Demurrer 084
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.01
Excerpt: ...uit in May 2023, alleging nine causes of action against Hagar, including Breach of Contract (C/A 1), Breach of the Implied Covenant of Good Faith and Fair Dealing (C/A 2), Conversion (C/A 3), Financial Elder Abuse (C/A 4 and 5), Fraud (C/A 6 and 7), Negligent Mis representation (C/A 8 and 9). Hadar answered the complaint in July 2023. Hagar then filed a separate unlawful detainer action in October of 2023 (MS23 -0864). In the UD complaint, Hagar...
2024.02.23 Motion for TRO, OSC Re Preliminary Injunction 719
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.23
Excerpt: ...a Spears , Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “Beneficiaries”), in a Wills and Trust case filed in Contra Costa County (Case no. P21 -00824). (¶ 5.) The matter pertained to a Trust established by the parents/gra ndparents of the Beneficiaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the Beneficiaries SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY...
2024.02.23 Demurrer to FAC 805
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.23
Excerpt: ...d part and denied in part. Weed shall answer the FAXC no later than March 8, 2024. Background Plaintiff Weed and Defendant Mendes are former law partners of Mendes Weed, LLP whose relationship deteriorated. In or around September 19, 2022, the parties began negotiating regarding the dissolution of the firm. For approximately two months, the parties negotiated an agreement to wind up the law partnership. These negotiations culminated in an agreem...
2024.02.23 Demurrer to FAC 730
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.23
Excerpt: ... inform gift of public funds, that it does not state sufficient facts to constitute a cause of action (CCP § 430.10(e)), and that is it is uncertain (CCP § 430.10(e)). For the following reasons, the Demurrer is sustained SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/23/2024 without leave to amend. Joinder by Contra Costa County The Court grants Defendant Contra...
2024.02.09 Demurrer 361
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.09
Excerpt: ...o amend. Discussion Legal Standard “The function of a demurrer is to test the su¯iciency of the complaint as a matter of law.” (Holiday SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is su¯icient if it alleges ultimate rather than evidentiary facts” (Doe v. City of L...
2024.02.09 Demurrer to SAC 054
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.09
Excerpt: ...ed as to the second cause of action. Because this is the Þrst challenge to the complaint, and because it appears plainti¯ may be able to plead the requisite facts, plainti¯ has leave to amend and shall Þle and serve any amended complaint by February 20, 2024. A. Background Plainti¯, Sweet Adeline, Inc., is a franchisee operating a Wingstop restaurant. (SAC, ¶8.) On or about March 17, 2022, plainti¯ and defendants, TastyWings Inc. and W...
2024.02.09 Motion for Preliminary Injunction 292
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.09
Excerpt: ...oad in Contra Costa County, California (“Haddad Property”). Defendants are Monroe RE, LLC Road Monroe Operations, LLC (“Monroe Defendants”) and the California Department of Social Services. Monroe RE, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 LLC owns the real property at 5530 Johnston Rd. (“Monroe Property”) on which the Monroe Defendants...
2024.02.09 Motion to Strike, Demurrer 695
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.09
Excerpt: ...ng a doubles tennis match. At some point during a match, “Defendant struck a tennis ball directly SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 at the Plainti¯'s head, when the Plainti¯ was standing in front of the Defendant, in clear view of the Defendant, hitting Plainti¯ directly in the right ear at a high velocity.” Plainti¯ alleges that �...
2024.02.02 Motion to Set Aside Stipulated Judgment 529
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.02
Excerpt: ... who move to set aside a stipulated judgment between Je¯ Mini and others who are the plainti¯s in a complaint in intervention (“Intervenors”) and defendant U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgages Trust 2007-2 Mortgage Pass-Through CertiÞcates, Series 2007-2 (“US Bank”) entered by the Court on November 3, 2023. The motion is supported by a memorandum of points and authorities and a request for j...
2024.02.02 Demurrer 721
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.02.02
Excerpt: ...murrer p. 1: 25-26.) For the following reasons, the demurrer is overruled. Meet and Confer Requirement Defendant satisÞed his meet and confer requirement regarding their demurrer in detailing their meet and conger e¯orts with Plainti¯'s counsel in the Declaration of James J. Astuno Jr. Defendant's counsel detailed their communications with Plainti¯'s counsel from November 3 through November 7, 2023, mentioning exchanges of e-mail and phone...
2024.01.26 Demurrer, Motion to Strike 861
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.26
Excerpt: ...ing uncertain, ambiguous and unintelligible, and for failure to allege sufficient facts to state a claim. (Code Civ. Proc. SS 430.10(e) and 430.10(f).) For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants satisfy their meet and confer requirement regarding their demurrer in detailing their efforts in reaching out to Plaintiff's counsel on September 15, 2023, by email and September 29, 20...
2024.01.26 Demurrer to TAC 814
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.26
Excerpt: ...mended complaint by February 5, 2024. Defendant's time to answer shall run from that date. l. Requests for Judicial Notice In support of both the demurrer and moton to strike, defendant requests judicial notice of the February 24, 2021, Proposed Statement of Dec:ision in the underlying suit. The request is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/26...
2024.01.19 Demurrer 650
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.19
Excerpt: ..., (h).) Defendant's demurrer is sustained, without leave to amend. Summary of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the "Property"). In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice ("RJN"), Ex. A.) In October 2004, Plaintiff obtained a home equity line of cred...
2024.01.19 Demurrer 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.19
Excerpt: ...), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel defendant with the nature, source and extent" of the plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099.) A complaint must be "liberally construed" and a demurrer "overruled if any cause of acton is stated by the plaintiff." (A...
2024.01.19 Demurrer 109
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.19
Excerpt: ..., 1390.) "In 'public' or business property, liability has been allowed when there is something foreseeably dangerous about the nature of activity conducted on the property or the property itself which fixes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/19/2024 on the landowner the duty to take some sort of precaution." (Eric J. v. Betty M. (1999) 76 Cal.App.4th 7...
2024.01.12 Motion for Summary Judgment 830
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.01.12
Excerpt: ...anufactured by Defendant Zero Motorcycles, Inc. (the "Motorcycle"). The form complaint alleges a cause of action for Products Liability— broken down into three counts: (1) strict liability — based on (i) manufacturing defect, (ii) design defect, and (iii) warning defect; (2) negligence; and (3) breach of warranty — implied and express written. The Complaint alleges that Defendant designed and manufactured the Motorcycle, and that it was bei...
2023.12.29 Motion to Stay 634
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ...t Bell, Defendant Moreno began to make sexual remarks towards Plaintiff. This escalated to the point where, on December 10, 2022, Defendant Moreno physically assaulted Plaintiff and told her he wanted to have sex with her—on Bell grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/29/2023 on or about December 11, 2022, Plaintiff attended a meeting, accompani...
2023.12.29 Motion for Summary Adjudication 919
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.12.29
Excerpt: ... adjudication of the second affirmative defense to the cross complaint is treated as a moton for judgment on the pleadings and granted with leave to amend. Summary judgment is denied. Background This is an action for breach of contract arising from a home equity line of credit extended to Stephenses by National City Bank and secured by a second position Deed of Trust to their former residence at 2418 Santa Cruz Court, Byron, CA 94514. (undisputed...

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