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2022.10.31 Motion for Summary Judgment 080
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ...as employed by Defendant Kinder's as a Shift Lead at the time. Plaintiffs contend that Derksen was in the course and scope of her employment for Kinder's when the accident occurred because post‐shift drinking and marijuana use was a customary incident of Derksen's employment. During the course of her work, Derksen had become friendly with Kimberly Byrne, Kinder's Assistant General Manager and one of Byrne's direct supervisors. On July 24, 2018,...
2022.10.31 Demurrer to FAC 472
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ... indemnity, (6) equitable indemnity, (7) declaratory relief, (8) intentional misrepresentation, and (9) negligent misrepresentation. Defendant demurs to all Plaintiff's causes of action for pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests the Court take judicial notice of several documents from the Superior Court of...
2022.10.31 Demurrer 910
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ...ly utilized by cyclists,” Grant Gibbons, his sister, and a friend, went on an “out‐and‐back” ride on the Delta de Anza Trail. While traversing a portion of the trail, Mr. Gibbons' front bicycle tire became perilously lodged in a gap between the concrete slabs on which he was riding. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' momentum was suddenly halted and he was ejected over the handlebar...
2022.10.31 Demurrer 775
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.31
Excerpt: ... section 430.41(a) mandates that the defendant filing a demurrer to a complaint meet and confer with the plaintiff by telephone or in person at least five days prior to filing the demurrer to discuss with the plaintiff all the party's objections to the pleading. The demurring party is required to file a declaration regarding the party's compliance with this meet and confer obligation with the demurrer. Defendants failed to file a declaration refl...
2022.10.24 Demurrer to TAC 130
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.24
Excerpt: ...��8.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/24/2022 3 The easement is known as “S‐3 Access Condition” and includes the following language: “private right‐of‐way easement shall be left open for pedestrian access between Happy Valley Road and Glen Road”. (TAC ¶7.) The easement route is sometimes called “the Dips” and members of the public “regularly and continuously” use...
2022.10.17 Motion to Vacate Trial Setting and Dismiss Complaint 622
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...(“Plaintiff”) filed its verified complaint on August 29, 2016. Francine McMahon (“Defendant”) filed an answer thereto on October 5, 2016. In accordance with California Code of Civil Procedure section 583.310, an “action shall be brought to trial within five years after the action is SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/17/2022 19 commenced against the defendant.” (CCCP § 583.31...
2022.10.17 Motion to Compel Arbitration and Stay Proceedings 159
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...in its entirety. Background On May 18, 2020, plaintiffs Genevieve Carlon, by and through her guardian ad litem, Lisa Carlon and Lisa Carlon, individually, filed a civil complaint alleging causes of action against defendants for elder abuse, negligence, violation of statutory rights and negligent infliction of emotional distress. The complaint alleges that 86‐year‐old Genevieve Carlon was a patient at Promedica Skilled Nursing and Healthcare (...
2022.10.17 Motion for TRO and Writ of Possession 769
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...bbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for breach of written and oral contract, conversion, money had and received, unjust enrichment, and intentional interference with contractual relations. The complaint alleges a contractual relationship in which it was to supply 80 HDS Stack Sintering Stands (at times referred to as “stands,” “frames,” “kilns,” or “units”) to Bloom Energy...
2022.10.17 Motion for Summary Judgment 632
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...
2022.10.17 Demurrer 583
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.17
Excerpt: ...intentional interference with contract (Leal individually); (7) (omitted); and (8) intentional interference with contract (Leal individually and as Trustee). Defendant demurs to Plaintiff's seven causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part, with leave to amend. Request for Judicial Notice Defenda...
2022.10.10 Demurrer 330 (2)
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...s denied. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been actin...
2022.10.10 Demurrer to FAC 296
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...ittsburg Police Officer Dillon Tindall (named in the FAC as "Tindle"). (FAC ¶¶ 11‐18.) Pittsburg Police Officer Jesus Arellano, also named as a defendant, was present during the encounter between the police and Terry Amons at Terry Amons' vehicle. (FAC ¶ 15.) The FAC alleges one cause of action for wrongful death based on negligence by Officers Tindall and Arellano for which Plaintiffs allege the City of Pittsburg is vicariously liable. Plai...
2022.10.10 Demurrer to FAC 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ..., is overruled in part and sustained in part, with and without leave to amend. The Sutter Defendants' Motion to Strike Punitive Damages Allegations is granted. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations ...
2022.10.10 Demurrer to FAC 494
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...irst Amended Complaint. The FAC alleges three causes of eight causes of action: violations of Civil Code Sections (1) 2924.11; (2) 2923.7; and (3) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). For the following reasons, Defendants...
2022.10.10 Motion for Summary Judgment, Adjudication 297
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.10
Excerpt: ...alley Retreatt”) and Plaintiff Anthony LoForte, Sr. (“LoForte”) (collectively, “Plaintiffs”)'s Complaint for (1) professional negligence, (2) misrepresentation, (3) breach of fiduciary duty, (4) concealment, (5) breach of contract, (6) injunctive relief, and (7) declaratory relief. Defendants move on the grounds that Defendant Yaroslav Boston (“Boston”) was not acting as agent of Mid‐Century or Truck when he procured insurance cov...
2022.10.03 Petition to Compel Arbitration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...e Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 1, 2023. The case management conference presently set for November 29, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 25, 2023. The parties shall include with SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 their case management c...
2022.10.03 Petition for Writ of Mandate 302
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...2, and had accrued 27 years of service credit. On SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 December 15, 2015 he pled no contest to a single charge of felony violation of Penal Code §§ 503‐ 508, based on misconduct arising out of the performance of his official duties. His pension benefits were adjusted pursuant to Government Code 7522.72 following the felony conviction. Petitioner s...
2022.10.03 Motion to Enforce Settlement Agreement 119
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...g reasons, Defendant's Motion is granted as set forth below. Plaintiff's motion is denied. Procedural Background This matter involves a medical malpractice action wherein Plaintiff Jerry D. Smith (“Plaintiff”) alleges that Defendant Grace S. Chou (“Defendant”) was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Partie...
2022.10.03 Demurrer to FAC 419
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ... the Court's ruling on the first demurrer, a detailed account of the facts, as stated in the original complaint, was provided. It need not be repeated here. In sum, this case was filed by plaintiff, Frank Souza, who was the tenant of former property owner, defendant Stephen W. Yatsko. Plaintiff claims he had continuing tenancy rights pursuant to an amended lease at the time Sandhu Defendants purchased the property. The Court partially sustained a...
2022.10.03 Demurrer 570
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...ings suit to recover investments allegedly procured and converted by defendant Kevin Hampton through his fraudulent actions as the agent and co‐conspirator of the named co‐defendants, including cross‐complainants Michael Coleman III and Coleman Property Holdings, LLC. Abrahams' Fourth Amended Complaint (“4th AC”) alleges a fraudulent real estate scheme through a network of LLCs, which involved shifting debt from one property to another ...
2022.06.06 Motion to Strike 819
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.06.06
Excerpt: ...helle Barker and Stuart Barker bring this special motion to strike the First Cause of Action for Breach of Contract in the Willlsons' Cross‐Complaint. Procedural Issue The Willsons claimed to have filed their original Cross‐Complaint on February 8, 2022. Pleading is filed‐stamped “February 9, 2022.” The Barkers filed their antiSLAPP Motion (to the original Cross‐Complaint) on March 2, 2022. The Willsons claim, coincidentally, that the...
2022.06.06 Motion for Summary Adjudication 819
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.06.06
Excerpt: ...ated at 59A Saddle Road (Parcel B) in Walnut Creek. Defendants James Willson and Monique Willson are the owners of real property located at 59 Saddle Road (Parcel A). The Barker Property and Wilson Property share a driveway and property line at the Willson Property's southern border. Plaintiffs allege Defendants trespassed on their property on two occasions. Plaintiffs further allege Defendants fraudulently induced them into signing an Easement M...
2022.05.16 Petition to Compel Arbitration 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...SE COURT CALENDAR FOR MAY 16, 2022 DEPARTMENT 18 JUDGE DANIELLE K DOUGLAS Factual Background: On or about March 7, 2018, Plaintiffs Shiamalee Perumal and Shyam Sunter (collectively “Plaintiffs”) and defendant Mayari Development, LLC entered into a written residential purchase agreement (the “Contract”) for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that “any dispute or...
2022.05.16 Motion to Set Aside Default Judgment 029
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...rvice of Summons as to Defendant G.C. Block Investment.com, LLC (“Defendant” or “G.C. Block”) was filed on October 4, 2019. Thereafter, on November 15, 2019, default was entered against G.C. Block. After providing additional documentation regarding alleged damages, a money judgment was entered on December 1, 2019 awarding $563,740.50. Defendant filed the instant motion seeking to set aside the default judgment on April 11, 2022. Standard ...
2022.05.16 Demurrer 199
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...t Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Defendant demurrers to all five causes of action on the basis that the court lacks jurisdiction over the subject matter of each cause of action as the proper venue is the family law court before which the parties' divorce is currently pending. (CCP §430.10(a).) Additionally, Defendant moves to strike the portion of the Prayer in the Complaint...

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