Excerpt: ...roxi mately August 2016 to December 2022. (Declaration of Peter I. Isola in Support of Motion, Ex. 4.) She ultimately settled for a sum she contends was much less than the case was worth because the suit was subject to dismissal under Code of Civil Procedure, s ections 583.310 and 583.360 (the statutes requiring cases to be tried within five years). Plaintiff filed this malpractice action against her second attorneys whose representation began ...

Excerpt: ...ent) f or: A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer lines and for telephone, television service, electric light and power lines, together with the necessary poles o r conduits, over the area designated as a "28[ -foot] strip dedicated to Contra Costa County" in Book 19 of Parcel Maps, Official Records, Page 36, Contra Costa County. (See 9/12...

Excerpt: ...tricken: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/31/2024 1. “Plaintiff is entitled to an award of punitive damages for such reckless conduct in order to deter such bad behavior by major corporations placing profits over people.” (Paragraph two on page six of twelve (final sentence) of plaintiff's First Amended Complaint.) 2. Plaintiff's prayer for pun...

Excerpt: ...the motion is denied. Background Plaintiff Marcus Mitchell was employed by defendant San Pablo Healthcare and Wellness Center, Inc. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 12 His complaint alleges a single cause of action under the California Private Attorneys General Act, Labor Code §§ 2698 et seq. (PAGA) for various wage and hour and other Labor Co...

Excerpt: ...ey- Davidson motorcycle from defendant McGuire Powersports, LLC (McGuire or defendant) pursuant to a Retail Sales Installment Contract (RISC) dated April 27, 2022. (Declaration of David MacDonald, ¶ 3 and RISC, 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE Z, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 2 Exh. A.) Plaintiff filed an amendment to the complaint naming McGuire on January 30, 2023. (See ...

Excerpt: ...ration M otion Defendants' prior summary judgment motion rested on four distinct arguments: 1. Plaintiff's present lawsuit is barred because of its failure to comply with the procedural requirements of Code of Civil Procedure § 474 as to naming Doe defendants. 2. P laintiff's present lawsuit is barred by judicial estoppel, arising from its inconsistent statements in the prior lawsuit as to whether it knew or didn't know the identity of the Doe d...

Excerpt: .... Plaintiff was employed by defendant during the relevant time period as a per sonal attendant. Plaintiff also moves for approval of her attorney's fees, litigation costs, administration costs, and representative payment. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pa...

Excerpt: ...pertai ns to issues arising from the purchase of real property located at 4120 Happy Valley Road in Lafayette, California. Plaintiffs Kenneth Hershbell and Jewel Shim purchased the Property from Defendants Kamesh and Hinaben Patel in June 2017. (¶ 12.) Defendant Simon Motley, dba The Motley Team (“Defendant” or “Motley”) represented Plaintiffs as their real estate agent for the transaction. (¶ 3.) At some point prior to this sale, it is...

Excerpt: ... December 2 020 through July 2023. (Declaration of Melissa Harborne 1/29/24 (“First Harborne Decl.”) ¶ 3.) Plaintiff Donna Prevost worked for CMG as an hourly, non -exempt funder from approximately 2016 through 2023, and was also based in San Ramon, California. (First Harbourne Decl. ¶ 4.) On November 15, 2023, Plaintiffs filed a class action complaint against Defendant alleging that Defendant engaged in a pattern and practice of wage abus...

Excerpt: ...cedure § 5 29(a); and (b) Plaintiffs filing amended proofs of service demonstrating service of the summons, complaint, and motion pleadings on defendants Town SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TRE AT HEARING DATE: 05/23/2024 14 of Moraga and Z -Golf Food and Beverage Services, LLC dba Wedgewood Weddings as set forth below. Specifically, the Court grants a preliminary injunc...

Excerpt: ...ief, the cas e arose out of allegations that plaintiff was stabbed on the premises of a restaurant in Pacheco. Counsel filing the complaint on Fernandez's behalf was Robert Rodriguez. However, Rodriguez was suspended from the practice of law on April 30, 2021, and he was disbarred on September 23, 2022. The parties have not identified the grounds for the suspension and disbarment, but there is no contention that they arose from any conduct dire...

Excerpt: ...h caus e of action for abuse of process is sustained without leave to amend. Tyma's demurrer to the fifth cause of action for injunctive relief is sustained with leave to amend as set forth below. If Be Kind contests this tentative ruling to seek leave to amend the third and fourth causes of action, it should come to the hearing with a specific proposal as to how it intends to amend the complaint and argument as to how the amendment will salvag...

Excerpt: ...d Matthew Tyler Lopez, on or before June 3, 2024. Plaintiff's truck was destroyed by a vehicle operated by defendants Mark Lewis Hinton and Tara Khawaja early in the morning on February 1, 2021. These drivers were allegedly working for DoorDash an d h i g h on d rugs at th e t ime of the collision. This case was filed on May 3, 2021, after both the insurer for DoorDash and the insurer for Khawaja (owner of the vehicle) refused to cover plaintiff...

Excerpt: ...RI MOCKLER HEARING DATE: 05/22/2024 Background This case involves a multi- vehicle collision that occurred on April 7, 2022, in Concord, California. Defendant Ruben Andrade, while employed by defendant ARB and driving an ARB vehicle, rear -ended a vehicle dr iven by defendant Irfan Chaudhry, who, in turn, collided with plaintiff's vehicle. The plaintiff, Romeo Monzon, sustained physical injuries and his vehicle sustained extensive damage. The pla...

Excerpt: ...ound This c ase arises out of a motor vehicle accident. Plaintiff alleges that he was involved in a motor vehicle accident involving Defendant Brinkman and Defendant Lopez on or about April 5, 2022. (Complaint at ¶¶ 18, 19.) The Complaint alleges that both Defendants were driving in an unsafe manner in violation of California Vehicle Code Sections 22350, 23123 and 21703. (Id. at ¶¶ 30, 31.) Legal Standard California Civil Code (“CC”) § 3...

Excerpt: .../22/20 24 claims to binding arbitration, and to either dismiss or stay this civil action pending the conclusion of arbitration. The Motion relates to Plaintiffs' Complaint for (1) motor vehicle negligence; (2) general negligence; (3) fraud; and (4) declaratory re lief. Defendant moves for an order compelling arbitration of Plaintiffs' claims and to dismiss or stay this action pending completion of the individual arbitration. Plaintiff argues that...

Excerpt: ...omplaints, an d amended pleadings. A full history is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolving all the issues between those parties. Thereafter, on May 30, 2023, Plaintiffs filed, and received, a...

Excerpt: ...s. A full his tory is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER : TERRI MOCKLER HEARING DATE: 05/22/2024 Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolvi...

Excerpt: ...s filed this action on February 16, 2023 alleging that they contracted with defendants Gin Ivy Sevilla and Civver Construction Design, Inc. to construct an Accessory Dwelling Unit (ADU) at their home. Plaintiffs allege that Civver and Sevilla were not licensed con tractors and were fraudulently using co -defendant Rodney Dotson's contractor license. Plaintiffs allege that defendants failed to timely or competently build the ADU, submitted false ...

Excerpt: ...al. Evid. Code § 452 (b), (h).) For the following reasons, Defendant's MSA is denied. Factual and Procedural Background This matter pertains to work performed by Plaintiff MVP Construction, LLC (“Plaintiff” or “MVP”) for Defendant City of Pinole (“Defendant” or “Cit y”) regarding installation of a pre -fabricated restroom facility at Fernandez Park in Pinole (the “Project”). The City previously brought a motion for summary ad...

Excerpt: ...hearing on the demurrer i s continued to 9:00 a.m. on June 10, 2024. The Court requests that CCCERA submit supplemental briefing on the issues set forth below before the Court rules on the demurrer. CCCERA' supplemental brief of no more than 10 pages shall be filed and served by el ectronic mail, facsimile, overnight mail or personal delivery by May 28, 2024. Petitioner shall file any response to CCCERA's supplemental brief of no more ...

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...

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...

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...

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...