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2022.05.02 Motion to Strike 187
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Excerpt: ...se the motion is moot. Cross‐Defendants seek to strike the punitive damages allegations from the first, fifth, six and seventh causes of action, as well as the prayer for punitive damages. The demurrer to the fifth and six causes of action is sustained without leave to amend, therefore, the Court's ruling addresses only the first and seventh causes of action. Punitive damages are allowed where the facts show malice, oppression or fraud. Here, t...
2022.05.02 Motion for Summary Judgment 019
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Excerpt: ...ntiff's neck while plaintiff was not in a supine position (Complaint, ¶6.) As a result, plaintiff contends she suffered complications, including, numbness in three fingers and shoulder pain, both of which continue to this day. (Complaint, ¶7.) On May 29, 2020, plaintiff filed an amendment to her complaint, adding orthopedic surgeon, Dr. Leslie Kim, M.D., as a Doe defendant. (Stayduhar Decl., Ex. 9.) Plaintiff made no other changes to the compla...
2022.04.18 Demurrer 977
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ...f Robert Dandrea worked as a Manager at the Pep Boys located at 520 Contra Costa Blvd. in Pleasant Hill. Plaintiff suffered a workplace injury on September 9, 2019. Plaintiff alleges Defendants failed to engage in the interactive process or provide reasonable accommodations. Instead, Plaintiff was suspended and then terminated on September 19, 2019. Plaintiff alleges that throughout his employment he performed his duties competently and in satisf...
2022.04.18 Demurrer 779
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ... against defendants are barred by judicial estoppel. Plaintiffs filed Chapter 13 bankruptcies on three separate occasions, taking advantage of the automatic stay to delay foreclosure. But plaintiffs failed to list any claim against defendants on their bankruptcy schedules, or to correct those schedules during the pendency of the bankruptcies. The authorities cited by defendants confirm that this conscious omission is fatal to all of plaintiffs' c...
2022.04.18 Demurrer 018
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ... speak English. Plaintiff alleges her manager would become angry when she spoke with the tenants in Spanish. Additionally, her manager forbade her to speak Spanish or Tagalog or keep conversations with tenants. Plaintiff's manager refused to train Plaintiff on the duties of a property manager despite being directed to do so. Plaintiff was told by her manager she was sent there just to look pretty. Plaintiff was informed the manager would make ina...
2022.02.28 Motion to Vacate Judgment 749
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.02.28
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.02.28
Excerpt: ...copa County Superior Court in the State of Arizona, Case No. CV 2021‐008958 ("Arizona Action"). The suit arises out of a business dispute between the companies. Sausal failed to timely respond to the complaint, and its default was entered. Device subsequently moved for entry of a default judgment, which was granted and judgment entered by the Court in Arizona on August 24, 2021. Sausal is a California corporation. After obtaining judgment in Ar...
2022.02.28 Motion for Summary Judgment, Adjudication 299
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.02.28
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.02.28
Excerpt: ...SW with Defendants was done by and through Michael Eggiman. Beginning in February of 2015, Plaintiff entered into a series of agreements with Defendants for the purchase, rehabilitation and sale of six single‐family properties in the Bay Area. Defendant Christina Boomershine is the agent and employee of Defendant Pacific Financial CA, LLC. Due to conflicts between the parties and other failed agreements, the parties entered into a final written...
2022.02.28 Motion for Summary Judgment, Adjudication 019
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.02.28
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.02.28
Excerpt: ...ary judgment or, in the alternative, summary adjudication. Because the motion successfully shifts the burden to plaintiff to demonstrate a triable issue of material fact with respect to breach of duty and causation, and plaintiff has failed to oppose the motion, summary judgment for defendants Dr. Fan and Medical Anesthesia Consultants Medical Group, Inc. is granted. Factual Background and Motion Plaintiff filed her complaint for medical negligen...