Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

258 Results

Clear Search Parameters x
Location: Contra Costa x
Judge: Douglas, Danielle K. x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 231)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 737)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 175,25
Array
(
)
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 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 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 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, ...
2023.03.13 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....

258 Results

Per page

Pages