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2023.04.17 Demurrer, Motion to Strike 355
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...und Plaintiffs Robert Mortiz and 80b Moritz Reliable Plumbing Service, Inc. ("Plaintiffs") allege they purchased a new 2019 Chevrolet Silverado 2500 on January 23, 2019. (Compl. 8, 33.) (Though named in the Complaint and other pleadings as "Robert Mortiz," the correct name appears to be "Robert Moritz" according to the vehicle purchase agreement, Exhibit 1 attached to the Complaint.) The vehicle is manufactured by defendant General Motors, LLC ("...
2023.04.17 Application to Attach Order 335
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...ic facts are not in dispute. Lena and Defendants entered into a written lease for a commercial property in San Ramon in May 2014. That lease was set to expire in May 2024. In early 2022, Defendants vacated the premises and returned possession to Lena. Subsequently, Lena sued Defendants, seeking, inter alia, recovery for past due unpaid rent, costs to restore the property, and future uncollected rent. The suit also seeks attorneys' fees and legal ...
2023.04.17 Demurrer to FAC 699
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.17
Excerpt: ...since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 J...
2023.04.10 Motion to Transfer and Consolidate Cases 063
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...pport of Motion to Consolidate, 2:17-22, 3:8-14.) The second is a Motion to Transfer and Consolidate Cases for All Purposes filed by Defendants Stephanie Rabbitt and Ryan Friesen (collectively "Defendants"), also pursuant to Code of Civil Prc„cedure S1048(a), to also have the instant action consolidated with Case No. P23-W096 on the grounds that both actons involve common questions of law or fact. (See Defendants' Motion to Transfer and Consoli...
2023.04.10 Motion for Summary Judgment, Adjudication 132
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...nt on the complaint is denied. The Court's order is without prejudice. Disputed and undisputed Material Facts This is an action for breach of contract and common counts arising from breach ofa vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wintrust") seeks a deficiency judgment after allegedly selling the vehicle. Wintrust prov-des a declaration from its Vice President of Asset Management, with custody and control of its business rec...
2023.04.10 Motion for Summary Judgment 980
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...isrespect is intended.) Jerome died of lung cancer on May 22, 2015. The complaint was filed May 16, 2018, and contains a single cause of action brought under the Federal Employers' Liability Act ("FELA"), codified at 45 USC section 51 et seq. In essence, the complaint alleges that Jerome's lung cancer was caused by employment-related exposure to various chemicals or substances, and that such exposure was a result of BNSF's negligence. The MS] arg...
2023.04.10 Motion for Summary Judgment 706
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...etween neighbors. Plaintiffs Brian McCarthy and Renee Covi through their revocable trust are the owners of a residence at 17 Cumorah Lane in Alamo. (Comp'. '1 1.) Defendants Kevin Mack and Olga Mack are their neighbors who live at 24 Cumorah Lane. (Comp'. '1 2.) Plaintiffs allege that in 2021, Defendants built an electrified gate across a driveway, a related electrical box and electrical lines for the electrical service to the gate, a pedestrian ...
2023.04.10 Motion for Summary Judgment 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...Cal. Evid. Code S 452(d).) For the following reasons, the unopposed MSJ is granted. Factual Background The Complaint alleges that Plaintiff was injured on September 14, 2020 when physical contact was made to him by Defendant Peter Hillard while Mr. Hillard was employed by Defendant GTE. Standard Summary judgment is proper if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled ...
2023.04.10 Motion for Leave to File Amended Complaint 329
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...al causes of action for battery, intentional infliction of emotional distress, and conspiracy. The instant motion is set for hearing on April 10, 2023. Trial is set for April 18, 2023. For the following reasons, the Motion is denied. Brief Factual and Procedural Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 July 10, 2019. Plaintiff files her in...
2023.04.10 Motion for Leave to Amend Complaint 299
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...nt arising out of the professional negligence of a health care provider can include a claim for punitive damages. "The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to ...
2023.04.10 Demurrer to FACC 232
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...rt that Pena was fired from Mechanics Bank after it determined he had sexually harassed Pacheco and others. Pena filed this action against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family to harassment, including threats of physical violence. Harassment included frequent, vulgar, and threatening calls and text messages, some referencing Pena's wife and children. Mejia allegedly posted flyers in Pena's neighborh...
2023.04.10 Demurrer 613
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...ol. Plaintiffs filed their complaint on December 5, 2022 "pursuant to Code of Civil Procedure section 340.1 for childhood sexual abuse." (Complaint, They contend that they suffered sexual abuse by a teacher at the high school between approximately 2007 and 2009, that "[p]ursuant to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 california Government code s...
2023.03.27 Motion for Leave to Amend Complaint 498
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ... business Friday, April 7, 2023. Factual and Procedural Background Plaintiff owns a townhome located at 75 Glen Valley Circle in Danville, California (the "Property"). The Property is located within the Camino Ramon Terrace Association and is governed by the relevant CC&R's. Defendant Camino Ramon Terrace Owner's Association is the homeowner's association ("HOA") responsible for the common areas and homes in the Camino Ramon Terrace Association. ...
2023.03.27 Demurrer 601
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...amended complaint by May 8, 2023. If no guardian ad litem is appointment by early May, Plaintiff's counsel shall request an extension of the time to file an amended complaint by ex parte application. The case management conference schedule for April 12, 2023 is continued to June 9, 2023. Kimberley Briggs has filed this lawsuit "as Parent and Natural Gaudian" of Trey Briggs. No guardian ad litem has been appointed in this case and no guardian ad l...
2023.03.27 Demurrer to SAC 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...ado. 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 acting in the course and scope of her employment for the Sutter Defendants at the time of the events in this case. In the operative SAC, P...
2023.03.27 Motion for Judgment on the Pleadings 906
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...mbia, Canada for Defendant's alleged failure to repay a loan. Plaintiff obtained an alternative service order allowing Defendant to be served by e-mail and Facebook. Defendant failed to appear, and Plaintiff obtained a default judgment against Defendant. Defendant now resides in Contra Costa County. Plaintiff filed this civil action to recognize the judgment obtained in British Columbia, Canada. Motion Pursuant to Code of Civil Procedure S 438, D...
2023.03.27 Motion to Expunge Lis Pendens 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...f the implied covenant of good faith and fair dealing, fraud, and conversion. Wittrien filed, and presumably recorded, a notice of pendency of action on June 15, 2021. In May or June of 2020, the parties entered into negotiations for Wittrien to purchase the Property at 1480 Taylor Road in Bethel Island, California (the "Property") from Defendant Teresa Jo Mazzarella. The Property was in significant disrepair and had been declared a nuisance by t...
2023.03.27 Motion for Summary Adjudication 719
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...d by defendant East Bay Municipal Utility District ("EBMUD") needed to be relocated. This case is, at bottom, a dispute between CCTA and EBMUD concerning the cost of relocating those pipelines. The parties stipulated to, and the Court ordered, cross motions for summary adjudication. Because the cross motions address the same causes of action, the Court considers it appropriate to issue one consolidated tentative ruling, which will tentatively res...
2023.03.27 Motion for Summary Judgment 559
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...s a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Plaintiff moves for summary adjudication against Defendant's 35th affirmative defense which asserts that Defendant's actions are protected by the doctrine of judicial deference set forth in Lamden v. La Jolla Shores Condominium Homeowner's Ass'n (1999) 21 Cal.4th 249. Plaintiff mcwes on the ground that this affirmative defense "is inapplic...
2023.03.27 Motion to Compel Arbitration and Stay Proceedings 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...ting this action. The Complaint alleges three causes of action under the Song- Beverly Consumer Warranty Act, Civil Code section California's vehicle "lemon law" is contained in the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq. (the "Song-Beverly Act") which includes California's "Lemon Law." He alleges claims for breach of express warranty, breach of implied warranty, and failure to timely service and repair his vehicle in...
2023.03.27 Motion to Enforce Settlement Agreement 250
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...d reached agreement that County would pay plaintiff $45,000 in exchange for a dismissal of this action. At the time of the mediation, Plaintiff had appealed her termination with the Contra Costa County Merit Board. The administrative proceedings had been stayed at Plaintiff's request pending the outcome of this case. The parties never executed a written settlement agreement because they disagree as to the material terms of the settlement. County ...
2023.03.20 Motion for Interlocutory Judgment of Partition by Sale 496
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...Defendant Rashaan Whisenton are joint-tenant owners of the single-family residence located at 128 Regency Drive in Clayton, CA. On or about June 11, 2020 Ms. Strenchock and Defendant purchased the Subject Property for $817,000.00. At the time of the purchase, Plaintiff and Defendant were in a relationship, but not married. On June 11, 2020, a grant deed transferring the Subject Property from third parties to "Rashaan Whisenton, an unmarried man a...
2023.03.20 Motion for Judgment on the Pleadings 769
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... the defect discussed herein. Any amended pleading shall be filed and served on or before June 20, 2023. Background Dobbs filed his cross-complaint against Rusco on September 30, 2022. (See Rusco's Request for Judicial Notice, Exhibit 1.) The cross-complaint was filed using the judicial council's form complaint for a breach of contract. The caption names as plaintiff, "MICHAEL DOBBS, individually and dba ARCLIGHT CORPORATION." The pleading states...
2023.03.20 Motion for Leave to File SAC 770
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...reopened as to new claims and parties. Discovery is not reopened as between Plaintiff and Defendant Etenne. The April 18, 2023 trial, April 17, 2023 issue conference, and April 12, 2023 settlement conference dates are hereby vacated. The Court sets a Case Management Conference for the case to be at issue on August 8, 2023, at 8:30. Background Plaintiff Prosperre Berreth filed this quiet title action against Defendant Lindsay Etienne on April 19, ...
2023.03.20 Motion for New Trial 230
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...m to the Plaintiff Plaintiff requests the Court grant him a new trial on the follow-ng grounds: (1) insufficiency of evidence; and (2) error in law by allowing Dr. Hoddick to testify. Analysis A. Suffciency of the Evidence "A new trial shall not be granted upon the ground of insufficiency of the evidence to justify a verdict ... unless after weighing the evidence the court is convinced from the entre record, including reasonable inferences theref...
2023.03.20 Motion to Continue Stay 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... entered -nto 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 claim in Law or equity arising between [the Parties] out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration." (the "Arbitration Clause.") On February 22, 2...
2023.03.20 Motion to Set Aside Default 968
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... set forth six cause of action all related to Defendant's alleged failure to pay for legal services provided to him by Plaintiff. On February 16, 2022, Plaintiff moved for, and received, entry of default against Plaintiff. Default judgment was entered on March 9, 2022. Thereafter, on April 19, 2022, Plaintiff filed his first motion set aside default and default judgment. That motion was granted on June 20, 2022. Defendant filed his answer on June...
2023.03.20 Motion to Strike, Demurrer 207
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...anDepot") in April 2019. Plaintiff alleges she was added to title and forced to sign a deed of trust securing loanDepot's loan, the proceeds of which were used to buy out Jennifer Corrigan's ex-husband's interest in the property. Plaintiff alleges she was not provided the proper loan disclosures and suffered harm when the property was sold in foreclosure. On November 21, 2022, loanDepot accepted service of the summons and complain via notice and ...
2023.03.20 Motion to Enforce Settlement 352
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...y to borrow funds from a family member. Procedural Background On October 18, 2022, the parties engaged in mediation. At mediation the parties reached an agreement. The agreement was reduced to writing and signed by Plaintiff's and Defendant Miller. The agreement stated Defendant Miller would pay plaintiffs $30,000 within 90 days of signing the agreement. If Defendant Miller did not make such payment within 90 days a stipulated judgment would be e...
2023.03.13 Demurrer to FAC 092
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ...aith and Fair Dealing; (5) Fraudulent Misrepresentation; (6) Negligent Misrepresentation; (7) Quantum Meruit; (8) unjust Enrichment; SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 5 (9) Retaliation in violation of Labor Code 1102.5; (10) Wrongful Constructive Termination in violation of Public Policy; and (11) Defamation. Defendants demur to the FAC in its...
2023.03.13 Demurrer 906
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ...l suit to enforce a judgment obtained in British Columbia, Canada against Defendant Andrea Burbank. Burbank now resides in Contra Costa County. Defendant filed a cross- complaint to declare the Canadian judgment unenforceable. Demurrer Pursuant to California Code of Civil Procedure SS 430.20, 430.30 and 430.60, Defendant/cross-complainant Andrea Burbank demurs to the Answer to Cross-complaint on the ground the Affirmation Defenses set forth in th...
2023.03.13 Demurrer 106
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ... unnecessary. The Court can review the file in this matter, including the Complaint, without need for judicial notice. Defendants' demurrer is overruled. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 14 Standard for Demurrer "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. ...
2023.03.06 Demurrer to FAC, Motion to Strike 100
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...A COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/06/2023 23 is granted with leave to amend. Plaintiff shall have 30 days from the date of this order in which to amend her complaint. Defendant Nguyen-Traxler shall have 30 days from service of the amended complaint in which to respond. Allegations of the First Amended Complaint This case arises out of injuries allegedly suffered by Dwayne Rideau ("dece...
2023.03.06 Demurrer 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...whether all of the causes of action as to which the demurrer has been sustained are genuinely necessary for cross-complainant to obtain complete relief. The basis for this ruling is as follows. 2 nd C/A. The Second Cause of Action is for breach of the implied covenant of good faith and fair dealing. The Court overrules cross-defendant's demurrer to this cause of action, for two reasons. First, case law recognizes that there is an implied contract...
2023.03.06 Demurrer to FAC 583
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...relief; (5) promissory estoppel; and (6) intentional interference with contract (Leal individually). Defendant demurs to Plaintiff's causes of action for (1) breach of contract, (5) promissory estoppel, and (6) intentional interference with contract pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant req...
2023.03.06 Demurrer to FAC 745
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...LAS HEARING DATE: 03/06/2023 5 to stay this matter. Relevant to this second demurrer, Plaintiff Anthony Astone (“Plaintiff”) entered into a purchase and sale agreement (“Agreement”) for real property located in Cabo San Lucas, Mexico (“Property”). The Agreement stated that Defendant Global Mortgage Group, LLC d/b/a/ MoXi would handle the closing of the transaction. On or about April 12, 2022 Plaintiff received emails that included wir...
2023.03.06 Motion for Judgment on the Pleadings 125
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...at the FAC only alleges a single cause of action as to Defendant Monsanto, she purports to move for judgment on the pleadings as to the whole complaint. (Notice at ¶1.) Notably, the Notice does not indicate that Defendant Monsanto is moving as to the single cause of action to which she is a party. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Bur...
2023.03.06 Motion for New Trial 130
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...and (6) (insufficiency of the evidence to justify the verdict). (The notice of motion included two other grounds, but those were not briefed in the moving memorandum.) Plaintiffs' main argument is that they were unaware that the City's Planning and Building Director Greg Wolff stated the following in 2019: “I have found nothing in the minutes of the Planning Commission's proceedings, the approving resolution or conditions of approval that state...
2023.03.06 Motion for Reconsideration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...rth, the Court grants the motion for reconsideration. Having reconsidered its November 28, 2022 Order, the Court orders that: (a) the Court's November 28, 2022 is modified, as stated herein; (b) all claims subject to Plaintiff's First Amended Complaint are ordered to arbitration, subject to the arbitrator's determination of whether the "representative" PAGA claims are within the scope of arbitration under the parties' arbitration agreement; and (...
2023.03.06 Motion for Relief from Stay Pending Arbitration 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...ngle cause of action (with 18 subparts) against all Defendants, namely violation of standards for residential construction in violation of Civil Code §§ 896 and 897. On February 22, 2022, Plaintiffs filed their Complaint for Damages (“Complaint”) against Defendants Mayari Development, LLC (“Mayari”), Henry Ortiz, Jr., Margarita Veronica Blanco, as an individual and trustee of the Margarita Veronica Blanco- Ortiz Trust (“Ms. Blanco”)...
2023.02.27 Motion to Strike 629
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ...ants Jeffery and Rhona Shulman (collectively, the “Shulmans” or “Cross-Complainants”). The Motion is directed towards the allegations for attorneys' fees (XC ¶¶ 38, 44, prayer for relief ¶¶ D, B) and emotional distress damages (XC ¶ 39, prayer for relief ¶ F). For the following reasons, the Motion is denied-in-part and granted-in-part as described further, below. Legal Standard Upon motion, the court may “strike out any irrelevant...
2023.02.27 Motion to Set Aside Judgment Notwithstanding the Verdict, for New Trial 779
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ...LIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/27/2023 18 notice of entry of judgment. Defendants filed an ex parte application on January 19, 2023 explaining that the Motion was timely submitted for filing and improperly rejected by the clerk's office. Defendants' attorney includes a declaration that explains that the Motion was timely submitted for filing on September 28, 2022. (We...
2023.02.27 Motion to Set Aside Default Judgment 742
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ...efendant Maria Carrol, who left its facility not able to care for herself or her affairs, and was discharged at the written request of her court-appointed conservator. After making attempts to serve Defendant at her residence, Plaintiff filed an application for service by publication which Judge Baskin granted on October 21, 2022. Plaintiff did not respond to the complaint and Plaintiff took her default on January 3, 2022. A default judgment in t...
2023.02.27 Motion to Disqualify Counsel 337
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ... potentially adverse interests.” (In re Charlisse C. (2008) 45 Cal.4th 145, 159.) Where the potential conflict arises from successive representation the governing test requires a showing of substantial relationship between the prior case and current case. (Flatt v. Superior Court (1994) 9 Cal.4th 275, 283.) There are two different versions of this test depending on whether the attorney's prior representation was “direct and personal” or per...
2023.02.27 Motion to Compel Arbitration 660
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ...inning her employment, Defendant Villalobos (her supervisor) “initiated a series of sexually inappropriate advances towards” and “frequently flirted with” Plaintiff. (¶¶10-12.) Plaintiff rebuffed Mr. Villalobos' advances. (Ibid.) The advances escalated to physical touching and attempts to embrace Plaintiff. (Id. ¶ 12-16.) His actions rose to the point where he “grabbed Ms. Lopez by her neck,” yelled at her, and called her a “bitc...
2023.02.27 Motion for Summary Judgment, Adjudication 775
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ...t for unlawful detainer against defendant PH, a patient who received emergency medical care and was admitted to Kaiser's hospital in Walnut Creek on July 19, 2021. (Compl. ¶¶ 1, 4, 6; Plaintiff's Separate Statement of Undisputed Material Facts ("UMF") Nos. 2, 16.) Kaiser is the owner and operator of the hospital located in Walnut Creek where PH was admitted. (UMF Nos. 1, 2.) PH was discharged by her physician on July 25, 2021, but PH has refuse...
2023.02.27 Demurrer 629
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.27
Excerpt: ...“Shulmans” or “Cross-Complainants”)'s Cross-Complaint. Specifically, Rockcliff demurs to the fourth cause of action for breach of fiduciary duty and the fifth cause of action for breach of contract, pursuant to Code of Civil Procedure (“CCP”) §§ 430.10(e), § 337(a), and § 343. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Rockcliff's unopposed request for judicial notice is ...
2023.02.06 Motion to Strike 327
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.06
Excerpt: ...r the following reasons, the Motion is denied. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Brief Factual Background The gravamen of this case is a series of real estate transactions; however, the parties have personal history with each other which colors the dispute. Plaintiffs are married; Plaintiff Kayla Young was previously married to Defendant Dolen, who works as a real ...
2023.02.06 Motion for Summary Judgment, Adjudication 829
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.06
Excerpt: ...gment. Factual Background Phillips owned and operated the San Francisco Refinery (the “Refinery”) in Rodeo, California. (UMF 1.) Phillips and Contra Costa Electric entered into a Master Services Agreement for electoral work at the Refinery effective September 20, 2017. (UMF 2.) The Agreement states that Contra Costa Electric shall perform all work as an independent contractor. (UMF 3.) It further provides that Contra Costa Electric “shall b...
2023.02.06 Motion for Preliminary Injunction 171
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.02.06
Excerpt: ... corporation Ernie & Sons Scaffolding dba Unique Scaffolding ("E&S"). (Ver. Compl. ¶¶ 14, 15.) Plaintiff Ernesto Negrete, Jr. has filed suit as "an individual, in his individual capacity and derivatively on behalf of" E&S. Negrete and defendant John Soto are the equal owners and sole directors of E&S. (Ver. Compl. ¶¶ 14, 15.) In early 2022, Defendant Soto informed Negrete of his intention to end their business relationship. (Ver. Compl. ¶ 4....

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