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2023.02.02 Motion for Preliminary Approval of Class Action Settlement 153
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.02
Excerpt: ...NTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/02/2023 13 When this motion first came up for hearing, the Court indicated generally that the settlement appeared appropriate in most respects, but that it had concerns in two respects. However, the Court is a little concerned by the relatively modest level of recovery provided. The gross settlement amount is recited to be less than 24% of the claims' “likely valu...
2023.02.02 Demurrer 354
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.02.02
Excerpt: ...ion of Rights [42 U.S.C. § 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. § 1085]; (4) inverse condemnation; (5) regulatory taking; (6) declaratory relief; (7) intentional interference with contractual relations; and (8) negligent interference with prospective economic SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 02/02/2023 26 relati...
2023.02.02 Motion for Leave to File SACC 794
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.02
Excerpt: ...n August 20, 2019. On October 31, 2019, Defendant – in pro per at that time – filed a cross‐ complaint alleging eight causes of action against Plaintiff and Cross‐Defendant Michael Murphy (“Plaintiff”). Defendant's current counsel substituted in as counsel of record in December 2019. On April 23, 2021, Defendant filed a motion for leave to file a first amended cross‐complaint (FACC) to add four new causes of action and a new cross�...
2023.02.02 Demurrer 364
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.02
Excerpt: ...A3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff alleges he discovered the vehicle had been in an accident...
2023.02.02 Demurrer to FAC 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.02
Excerpt: ... the surviving causes of action. Background Plaintiffs are obligors under a $200,000 promissory note dated April 1, 2008 secured by a deed of trust on plaintiffs' residence located at 1452 Club View Drive, El Cerrito, CA recorded on April 9, 2008. (FAC ¶¶ 1, 4, 12‐15; Defs. RJN Exh. A.) The lenders under the note and deed of trust are defendants the Pans. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OF...
2023.02.01 Demurrer 999
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.02.01
Excerpt: ...e to amend. Plaintiffs shall have until March 1, 2023 to file and serve an amended complaint. Background This is a Homeowners' Bill of Rights (“HBOR”) action. Plaintiffs obtained a $560,000 mortgage loan secured against real property in Richmond, California. Plaintiffs fell behind on their loan payments. In response, on June 24, 2022, a Notice of Default was recorded on the property. Plaintiffs' application for loan modification was denied. T...
2023.02.01 Demurrer 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.02.01
Excerpt: ...ufficient to support each case of action (CCP § 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP § 431.10(f).) Factual Allegations This matter ostensibly pertains to an automobile accident that occurred on May 1, 2013 wherein Plaintiff was injured. (FAC p. 4.) It is alleged that both Plaintiff (through her father's policy) and the other driver were insured by Defendant CSAA. (Ibid.) Following the accident, Plaintiff ...
2023.01.30 Motion for Summary Judgment 167
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ... reasons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5...
2023.01.30 Demurrer to FAC 311
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...23 2 Plaintiff was working at a Save Mart Supermarket in Antioch on July 24, 2020 when Plaintiff came upon a man hidden in the back of the store. The man brutally attacked Plaintiff, causing serious and life‐threatening injuries. (FAC ¶¶9, 14.) Plaintiff alleges that Defendant Phillips Edison & Company, LTD “co‐ owned, managed, directed, leased and/or controlled the shopping center and security thereon including the structures, adjacent s...
2023.01.30 Demurrer to SAC 494
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ....7; and (2) 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). Defendants' Request for Judicial Notice ("RJN”) regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Fonteno...
2023.01.30 Demurrer 623
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.30
Excerpt: ...use of Action for Declaratory Relief. The amended complaint shall be filed and served on or before February 20, 2023. Background Plaintiff Prime Capital Investments, LLC is the owner of property commonly known as 3330 Concord Avenue in Brentwood. Defendant Mo Zhou is the owner of property commonly known as 3320 Concord Avenue in Brentwood. The two parcels of land are adjoining, and Plaintiff's parcel has no street access. Plaintiff alleges it own...
2023.01.30 Motion to Strike, Demurrer 842
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...ving in the number two lane of California Avenue as Plaintiff approached California Avenue. (2AC ¶¶ 8‐14.) In addition to suing Moss, Plaintiff has sued the City of Pittsburg alleging a first cause of action against the City for dangerous condition of public property. The Court previously sustained demurrers by the City to the original Complaint and to the First Amended Complaint ("FAC"). Standards for Ruling on Demurrer In ruling on the demu...
2023.01.30 Motions for Summary Judgment 285
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...uding RDR Builders LP (“RDR”), D. Winn Painting, Inc. (“D. Winn”), Lines of Integrity Caulking & Sealants (“LOI”), and Millbrae Glass LTD (“Millbrae”) were involved in the construction of the School. Aside from MWF, each entity named above (i.e., Diede, HKIT, RDR, D. Winn, LOI, and Millbrae) seeks summary judgment in motions or joinders presently before the Court. This tentative ruling addresses the motion for summary judgment or ...
2023.01.30 Petition for Writ of Mandate 274
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...Parties" or sometimes "Developer" or "Project applicant") are named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this tentative ruling when the parties appear for the hearing. The Court will take the matter under submission after o...
2023.01.30 Petition for Writ of Mandate 509
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...visors as Respondents. FT Land, LLC; Meach, LLC; BI Land, LLC; and TH Land, LLC (collectively "Real Parties" or sometimes "Developer" or "Project applicant") are presently named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this ten...
2023.01.26 Motion for Summary Judgment 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...laint, filed 5/18/2021.) Defendants were the buyer's brokers for this deal. Plaintiff entered into a contract with Yu on December 14, 2018 where Plaintiff agreed to sell real property located in Hercules. Escrow was to close on January 28, 2019. (De Leon dec. ¶4.) De Leon sent Plaintiff a request of extension of time on January 21, 2019, which Plaintiff ignored. (De Leon dec. ¶7; Colbert depo. 99:15‐17) On January 25, Plaintiff requested that...
2023.01.26 Motion for Final Approval of Class Action Settlement 831
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...inal complaint was filed April 30, 2019, raising claims as a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/26/2023 2 unreimbursed business exp...
2023.01.26 Motion for Final Approval of Class Action Settlement 317
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...d and Settlement Terms Plaintiffs filed this action on February 16, 2021, alleging that on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the Bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring SUPERIOR COURT OF CALIFOR...
2023.01.26 Motion for Final Approval of Class Action Settlement 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...g that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement will create a gross settlement fund of $95,000. The class representative payment to the plaintiff will be $10,000. Counsel's attorney's fees will be $31,666.67 (one‐ third of the settlement). Litigation costs are estimated at $15,000. The settlement administrator (Phoenix) would receive an estimated $4,500. PAGA penalties w...
2023.01.26 Demurrer 588
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...aintiff Shalini Sharma, an experienced heavy equipment operator, was severely injured when the door of a motor grader snapped out of place and struck her in the head. Plaintiff was working at an ARS construction site when the incident occurred. Defendant American Equipment Company (“AMECO”) allegedly manufactured, sold, or leased the “defective” equipment to ARS. Plaintiff also alleges NorCal Rental Group, LLC helped manufacture, supply a...
2023.01.26 Motion to Strike Complaint 991
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...rvice of the amended complaint in which to respond. Background This is a revival action brought by Plaintiff S.C. for repeated acts of childhood sexual assault committed upon her after being placed in a foster home in Vallejo in approximately 2006. (Complaint, ¶¶ 25‐26.) Plaintiff alleges she disclosed her abuse to her social worker who was then employed by Defendant Contra Costa County (“County”). Plaintiff alleges that no investigation ...
2023.01.25 Motion Re Injunction to Stop Trespass 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.25
Excerpt: ...xsons seek an injunction that bars CrossDefendants Thomas Milway and Megan Hansen (“the Milways”) and their guests, family members and service personnel from using Alwin Road. The motion also seeks to bar the Milways from claiming ownership of Alwin Road. The motion requests the Milways stop assault, harassment and other verbal or physical attacks upon the owners of Alwin Road. In deciding whether or not to issue a preliminary injunction, thi...
2023.01.25 Motion for New Trial 753
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.25
Excerpt: ...led on December 19, 2022 is brought under just CCP § 657(6). The motion is opposed by Defendant East Bay Utility District (“EBMUD”). For the following reasons, the motion is denied. Brief Factual and Procedural Background The parties are familiar with the facts at issue. Briefly, Defendant EBMUD approached Plaintiffs to discuss purchasing part of their Property in lieu of acquiring it through its power of eminent domain in order to construct...
2023.01.25 Demurrer 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.25
Excerpt: ...ation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Defendant demurs to Plaintiff's causes of action for (1) conversion, (4) fraud/intentional misrepresentation, (7) negligence, (8) violations of insurance code § 1871, and (9) declaratory relief pursuant to Code of Civil Procedure (“CCP”) § 430.10 and C...
2023.01.23 Demurrer, Motion to Strike 744
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.23
Excerpt: ...e with contract; and (6) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional interference with contract and (6) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐ in‐part and overruled‐in‐part, without leave to amend. Legal Standard “The function of a demurrer is to test the ...
2023.01.23 Motion to Quash Service of Summons 185
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.23
Excerpt: ... for fraudulent transfer. Plaintiffs are Kelly Yates and Mark Tumminelli. Defendants are Kevin Yates and Betty Fong, DDS. Plaintiffs allege that Kevin Yates borrowed $70,000 from them to make repairs to a property prior to its sale. Plaintiffs allege that Yates sold the property at a profit and did not repay the borrowed funds. Plaintiffs allege that after they obtained a judgment for the unpaid debt, Kevin transferred some portion of the propert...
2023.01.23 Motion to Quash Service of Summons, for Sanctions 844
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.23
Excerpt: ...) Defendant Bay Business Credit, Inc. moves the Court for an order quashing service of the summons and complaint on the grounds that Plaintiff Commercial Door & Frame, Inc. failed to properly serve it. California law requires service on a corporation to be effected on the person designated as an agent for service of process, or the “president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant ...
2023.01.19 Motion to Strike Complaint 738
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.19
Excerpt: ...lthus, LLP. Procedural Background Plaintiffs Wanag Tahatan‐Bey, Tanya Stutson Absolute Trustee to Cestui que Trust for Blind Trust Kevin Woodruff & Tanya R. Stutson filed their initial Complaint (“Complaint”) on August 24, 2022. That Complaint named as defendants (misspellings in Complaint): Secretary of Veterans Affairs, Mellissa Robbins‐Coutts, Decorah A. Boyed, and McCarthy & Holthus, LLP Law Firm. (Complaint at p.2, 4) The Complaint i...
2023.01.19 Motion to Quash Service of Summons 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 2 The Court notes at the outset that the moving papers have no proofs of service attached, and there is nothing else in the Court's file establishing that this motion was properly served on plaintiffs' counsel. However, the pendency of this motion was expressly discussed at the December 27 CMC, and counsel were to meet and confer concerning it. Moreover, ...
2023.01.19 Motion to Dismiss FACC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...nd Cross‐Complainant Agra Tech designates the Civil Court in Rotterdam, the Netherlands, as the exclusive forum for litigation between them. For the following reasons, the motion is granted. Background This is a complex construction‐defect case concerning a greenhouse complex for growing marijuana.1 Plaintiff Natura is the owner the complex, and the customer of the various builder or supplier defendants in the case. One of those defendants is...
2023.01.19 Motion to Dismiss 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.19
Excerpt: ...n B. Jones Law, Inc., (collectively, “Defendants” or “SBJLG.”) All of the entities are owned and operated by Defendant Shannon B. Jones. Plaintiff began working for the Defendant Jones Law Group on or about July 1, 2010, as a part‐time financial assistant. On or about August 9, 2010, Defendant Shannon Jones offered Plaintiff the position of controller. Over the course of her employment, Plaintiff alleges she became concerned that Ms. Jo...
2023.01.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...ent Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underpaid or undercompensated any employees. Rather, the allegation is that the pay statements issued to the employees failed to identify the dates of the relevant pay period. Further, in discovery it was ascertained that in fact this was true only of each employee's ini...
2023.01.19 Demurrer 755
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...on was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 14 denied in whole or in part may make a new application for the same order if supported by an affidavit detailing when and to what judge it was made; what was sought; what orders or decisions were made; and what new or different facts, law or circumstances would support a different outcome. (§ 1008, subd...
2023.01.19 Demurrer 664
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.19
Excerpt: ...s Amended Answer to Plaintiffs' First Amended Complaint. Plaintiffs demur to Defendants fourth, fifth, thirteenth, fourteenth, sixteenth, eighteenth, twentyfourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, and thirty‐third affirmative defenses on several grounds. For the following reasons and as detailed further below, the demurrer is sustained‐in‐part and overruled‐in‐part. For those affirmative defenses that the Court sustains...
2023.01.12 Demurrer 005
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a)(2).) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (CCP § 430.41(a)(1).) In particular, as part of the meet and confer process,...
2023.01.12 Demurrer to TAC 076
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...n Mbadike‐Obiora, MD is a family practice physician with a clinic in Concord. Plaintiff was shareholder of Defendant Central East Bay IPA Medical Group, dba Muir Medical Group IPA (Muir IPA). Defendant Kenneth Bowers is a member of the Board of Directors of Muir IPA and Defendant Ute Burness is the Chief Executive Officer of Muir IPA. On or about October 9, 2008, Plaintiff purchased a clinic in Contra Costa County from Dr. Bernard Wolf, a share...
2023.01.12 Motion for Reconsideration 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...nd Plaintiff filed the initial the Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication (“MSJ”) on June 10, 2022. Plaintiff filed its initial opposition to the MSJ on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ an...
2023.01.12 Motion for Summary Judgment 345
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...ones Law Group and Shannon B. Jones Law Group, Inc. (collectively “SBJLG”) In or about January 2010, Cross‐Defendant Christy Olson became employed with Shannon B. Jones Law Group, the predecessor to Shannon B. Jones Law Group, Inc. as a legal assistant. Ms. Olson was terminated on or about May 5, 2017. On or about July 21, 2017, Christy Olson filed a wage and hour action against SBJLG. Ms. Olson's Complaint asserts that she was not paid for...
2023.01.12 Motion to Compel Production of Docs 624
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.12
Excerpt: ...ingle motion combining issues as to both interrogatories and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/12/2023 7 RFPs, asserting without elaboration that Govt. Code § 70617(a)(4) mandates separate motions for different forms of discovery. How on earth does that statute say that? Defendant objects that the motion papers were served by email to counsel, rather th...
2023.01.12 Motion to Quash or Modify Subpoena 624
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.12
Excerpt: ... The case is filed as a purported class action and PAGA complaint. Child Action is an unrelated entity that provides referral and other services for families seeking child care or child care subsidies. It is uncontested that plaintiff applied to Child Action for public benefits. The factual situation is less clear as to whether plaintiff was or is also actually employed at Child Action; plaintiff's papers say she is, and defendant's papers seem t...
2023.01.12 Motion to Strike 901
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...osecution and abuse of process. Defendant seeks to strike both causes of action pursuant to Code of Civil Procedure section 425.16. Standard “Resolution of an anti‐ SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate...
2023.01.12 Special Motion to Strike 901
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.12
Excerpt: ...RE MAIER HEARING DATE: 01/12/2023 Standard “Resolution of an anti‐SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second ste...
2023.01.11 Petition to Compel Arbitration 929
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.11
Excerpt: ...IAL OFFICER: JILL C FANNIN HEARING DATE: 01/11/2023 Order in Agueda Valencia v. Nissan North America, Inc. (Case No. 22STCV10643) from the Los Angeles County Superior Court, Department 17 on November 16, 2022 is granted. (Evid. Code §§ 452, 453.) Procedural Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale ...
2023.01.11 Motion for Leave to File Supplemental Complaint 961
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.11
Excerpt: ...dants' contention that they were never served with the motion (the error appears to be service of prior counsel rather than service on counsel of record). There is no proof of service on file for the motion for leave to file supplemental complaint. Nevertheless, Defendants filed an opposition and a declaration in support of opposition. The Court declines to deny the motion on this basis. For the following reasons, the motion is granted. Plaintiff...
2023.01.11 Motion for Determination of Good Faith Settlement 676
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.11
Excerpt: ... the Motion. This Motion was continued from January 4, 2023 to allow the moving party to file the signed declaration which was inadvertently filed unsigned. For the reasons set forth below, Motion is granted. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing develop...
2023.01.10 Demurrer 034
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.10
Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...
2023.01.09 Motion for Summary Adjudication 159
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.09
Excerpt: ...NIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/09/2023 2 Distress is denied. Background Plaintiff Genevieve Carlon brings this action for elder abuse, negligence, and violation of patient's rights. Plaintiff Lisa Carlon is the daughter and duly appointed Guardian ad Litem of Plaintiff Genevieve Carlon. Plaintiff Lisa Carlon brings a claim for negligent infliction of emotional distress. On...
2023.01.09 Motion for Preliminary Injunction 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.09
Excerpt: ...2023 21 residential property in Pleasant Hill, California and alleged violation of the standards for residential construction in violation of Civil Code §§ 896 and 897. On March 30, 2022, Defendants Mayari Development, LLC and Margarita Veronica Blanco, individually and as trustee of the Margarita Veronica Blanco‐Ortiz Trust (“Defendants”) filed a petition to compel arbitration. Thereafter, on April 14, 2022, a default was entered as to D...
2023.01.09 Motion for Leave to File Complaint 349
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.09
Excerpt: ...alifornia. Plaintiffs filed the initial Complaint on October 23, 2020, naming, among others, Defendant Damien Sean Lamont Ross (“Defendant Ross”) and CrossComplainant Ms. Ordonia. Cross‐ Complainant filed an answer to the Complaint on January 24, 2022. On February 22, 2022, Cross‐ Complainant filed a motion for leave to file a cross‐complaint against Defendants Sokolovski and Espinoza for indemnity. That unopposed motion was granted on ...
2023.01.09 Demurrer 034
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.09
Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...
2023.01.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 499
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.01.05
Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...
2023.01.05 Motion to Continue Trial Date 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.05
Excerpt: ...ause, according to them, plaintiff in his recent deposition refused to answer a large number of questions without justification, instead asserting frivolous objections and refusals to answer. The details of this contention are not yet provided, given that the deposition transcript is not yet available. The two examples given in the present motion, however, certainly appear to bear out the contention. Defendants want time to prepare and litigate a...
2023.01.05 Motion to Contest Determination of Good Faith Settlement 499
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.01.05
Excerpt: ...vil Procedure (“CCP”) § 877.6(a)(2) determining that the settlement of this action proposed by Plaintiffs Vanecia Brown, Courtney Gordon, Sabrina Dennis, Roy Huskey, and Nicloe O'Neal (“Plaintiffs”) and Defendant Amazon is not in good faith. In the alternative, Syntruck asks for an order to stay the Settlement and grant a continuance to permit Synctruck to conduct discovery to properly evaluate the Settlement. For the following reasons, ...
2023.01.04 Motion for Determination of Good Faith Settlement 676
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.04
Excerpt: ...asons set forth below, the hearing on this matter is continued until January 11, 2023. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing development. It was notified by homeowners of two of the homes had significant problems with the ceramic floor tiles, including t...
2023.01.04 Demurrer 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.04
Excerpt: ...1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 01/04/2023 Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' position...
2022.12.29 Motion to Compel Arbitration and Dismiss or Stay 183
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...h plaintiff was covered by a collective bargaining agreement. (Van Dam dec.) These agreements are attached as exhibits A, B and C to Van Dam's declaration and the Court references these agreements as A, B and C respectively. Ellis' employment was covered by agreement A, Shay's employment was covered by agreement C, and Treanor's employment was covered by agreements B and C. (Van Dam dec. ¶¶ 3‐9.) Agreement A includes an arbitration clause in ...
2022.12.29 Motion for Summary Judgment, Adjudication 716
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...nt is granted. Accordingly, as there is no remaining basis for liability as to Defendant Walnut Creek, Defendant's motion for summary judgment is also granted as to Cross‐Complainant's Cross‐ Complaint for indemnity, contribution, apportionment, and declaratory relief. Factual Background This matter pertains to a car versus bicycle accident that occurred on August 23, 2019. On that date Togtokh (“Tommy”) Oyuntseren (hereinafter “Plainti...
2022.12.29 Motion for Preliminary Injunction 583
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...property and (2) taking any action that may threaten the health of the mature cherry tree that is located at or near the border between the parties' residences. Defendants are not enjoined from taking down the existing fence and constructing a new fence on the legal boundary between the two residences, as shown on defendants' October 2022 survey. This aspect of the Court's ruling, however, is subject to the following limitations: • Defendants s...
2022.12.29 Motion for Preliminary Approval of Class Action Settlement 073
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...A First Amended Complaint adding sex discrimination claims was filed February 27, 2020. A Second Amended Complaint was filed June 11, 2020, raising claims under PAGA. Ultimately, the allegations include non‐compliant meal and rest periods, waiting time, wage statement claims, and failure to pay wages claims. (The individual discrimination claims were dismissed on September 30, 2022.) Masterson filed a related complaint, which was consolidated w...
2022.12.29 Demurrers, Motion to Strike 460
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...mplainant” or “Agra Tech”)'s First Amended Cross‐Complaint (“FAXC”). Cross‐Defendant Natura Management, LLC demurs to the causes of action for (2) negligent misrepresentation, (3) intentional misrepresentation, and (4) fraud. Cross‐Defendants Natura Management, LLC; Natura Development, LLC; Natura Cultivation, LLC; and Phoenix Development, LLC demur to the causes of action for (5) negligence, (6) implied indemnity, (8) equitable i...
2022.12.29 Demurrer to FAC 870
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...s Song‐Beverly Consumer Warranty Act and the federal Magnuson‐Moss Warranty Act. The operative First Amended Complaint (“FAC”) alleges that on April 27, 2022 Plaintiff Shonte Herse purchased a 2019 Harley‐Davidson Touring Street Glide motorcycle from Defendant Harley Davidson Motor Company, Inc. and Does 1‐20. (FAC, ¶ 5.) Plaintiff alleges he received certain express and implied warranties from the manufacturer and seller of the vehi...
2022.12.29 Demurrer 693
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.29
Excerpt: ...and Jack Herico bring this class action complaint against John Muir Health, which operates, controls, and manages three hospitals and several outpatient centers and urgent care facilities. Unbeknownst to Plaintiffs and John Muir Health's patients that use the website, John Muir implemented a tracking pixel designed to record and transmit their interactions with the website to Facebook. If the patient is also Facebook user, the tracking pixel is d...
2022.12.22 OSC Re Preliminary Injunction 440
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.22
Excerpt: ... Martinez, California 94553 ("Property"). For the reasons set forth, and subject to the conditions stated in this ruling, a preliminary injunction shall issue enjoining and restraining the conduct of the foreclosure sale against the Property. Among other conditions set forth below, this ruling is conditioned upon Plaintiff filing an executed version of his declaration dated November 28, 2022 filed in support of his Ex Parte Application, updated t...
2022.12.21 Motion for Summary Adjudication 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.21
Excerpt: ...matter of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 5 law with respect to its first cause of action for contractual indemnity and (2) in the alternative, Whole Foods is entitled to a defense because Ruan has a duty to defend. Procedural Errors Whole Foods' separate statement does not comply with California Rule of Court, rule 3.1350(d) by ...
2022.12.21 Motion to Compel Arbitration 746
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.21
Excerpt: ...or (1) declaratory relief (with respect to the July 30, 2020 Employment Agreement right to termination); (2) declaratory relief (Employment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 14 Agreement validity in light of Corporations Code § 300); (3) declaratory relief (Employment Agreement validity in light of undue influence and duress; (4) ...
2022.12.21 Motion to Seal Records, to Compel Compliance with Court Order 746
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.21
Excerpt: ...urt Order, and Portions of the Memorandum in Support of Motion to Seal. The Motion is unopposed by Defendants. Nevertheless, the Court evaluates the Motion pursuant to California Rules of Court, rules 2.550 and 2.551. California Rules of Court, rule 2.550(d) permits the Court to order court records sealed only if the Court expressly finds facts establishing all of the following: (1) There exists an overriding interest that overcomes the right of ...
2022.12.19 Motion to Set Aside Default 282
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...ground SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/19/2022 9 Plaintiff Maria Gonzalez filed her complaint against Reliant Food Services, Inc. ("Reliant"), Shinja Kim, and Fernando Guerrero (collectively, "Defendants") in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code an...
2022.12.19 Motion for Summary Judgment, Adjudication 142
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...udication of Issue Nos. 1, 2 and 6 is denied. Summary adjudication of Issue Nos. 3 and 5 is granted. Defendants' Issue No. 4 for adjudication is moot. Summary judgment on the complaint is denied. Relevant Factual and Procedural Background Defendants Nicole M. Evans and William F. Evans are former owners of a family residence within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes a...
2022.12.19 Motion for Summary Judgment 167
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...sons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5950 ...
2022.12.19 Demurrer 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.19
Excerpt: ...ons set forth, the demurrer is overruled. Defendant shall file her answer to the CrossComplaint by January 3, 2023. Background Plaintiffs are some of the co‐ owners of the property located at 221 Sanford Avenue, Richmond, California (the "Property") along with Defendants Tarnetta Tatum and Shenitta Singleton, who each own a 1/24th interest in the Property. Plaintiffs' Complaint seeks partition of the Property. On September 26, 2022, Tatum and S...
2022.12.15 Motion to Quash Summons 543
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...yled as being brought against Defendant “Café Campos Altos E.E. dba Our Coffees, Inc.” (“Our Coffees”) and Does 1 through 10. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 23 of 24 Peet's retained a California registered process server to serve the summons, complaint, and accompanying documents. (Declaration of Robert D. Eassa (“Eassa Decl.”) E...
2022.12.15 Motion to Consolidate Actions 018
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 20 of 24 The Court will refer to this case by the last two digits of the docket number, i.e., the “18 Case.” Two other cases that generally relate to the Project are currently pending: C22‐00045 (the “45 Case”) and C22‐00227 (using the last three digits of the docket number, i.e., the “227 Case”) The defendant in the 18 Case, Divine Development Corp. LLC (“Divi...
2022.12.15 Motion to Compel Responses to Subpoena 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...und good attorney skills. Man was I wrong. After seeing the wheels come off his supposed “strategy” in a humiliating (but very predictable) crash and burn after his slow pace stretched the case timeline out unnecessarily, it became apparent that I had performed the professional equivalent of handing my teenage son the keys to a new Lamborghini. I've done a fair bit of reflection since then, and have been pondering the following: Is he the big...
2022.12.15 Motion for Judgment 503
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.15
Excerpt: ...as not reached a final decision on this matter, but has provided a tentative ruling to assist the parties in preparing for argument. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/15/2022 4 Real Party In Interest Reabold California, LLC has two oil wells in the Brentwood oil field that produce 300 barrels of oil and 300 barrels of water per day. Currently, the water is...
2022.12.15 Demurrer, Motion to Strike 404
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...s and the managers of 400 Taylor Holdings LLC. In 2007, Bimal Patel and Matthew Sirott formed 400 Taylor Holdings LLC by adopting a preliminary Operating Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE...
2022.12.15 Demurrer to FAC 240
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.15
Excerpt: ...ellation of the trustee's and foreclosure sale and (3) fraud and deceit and/or negligent misrepresentation pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. (The second cause of action for wrongful foreclosure is not alleged against Defendant Project Lift Up.) For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complai...
2022.12.14 OSC Re Preliminary Injunction 234
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.14
Excerpt: ...”). BAP and PSP are completing businesses that sell fuel. BAP hired Nguyen as a sales representative to service its customers throughout the Bay Area. (See Declaration of BAP principal Tim Gately [“Gately Decl.”], par. 2.) Nguyen was provided with a work laptop and a cell phone and had password‐protected access to files and databases where BAP stored confidential and proprietary information, including the “identity of plaintiff's custom...
2022.12.14 Motion for Judgment on the Pleadings 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.14
Excerpt: ... pleadings (“MJOP”). The MJOP relates to Plaintiff Vahid Haghiri (“Plaintiff” or “Haghiri”)'s Complaint for (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Promissory Estoppel; (3) Negligent Misrepresentation; (4) Wrongful Foreclosure; (5) Cancellation of Instruments; and (6) Declaratory Relief. As a threshold issue, the Court declines to disregard Plaintiff's late‐filed opposition. Defendants were able to file and serve ...
2022.12.12 Motion for Summary Judgment 534
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.12
Excerpt: ...on, and shall submit that proposed judgment to defendant's counsel for approval as to form. Plaintiff's request for judicial notice is granted. The trial and issue conference dates are vacated. The basis for this ruling is as follows. A. Background. Plaintiff Allevity, Inc. seeks summary judgment on its claim that defendant Brickyard Landing Owner's Association, Inc. breached its contract by failing to indemnify Allevity for the costs of defendin...
2022.12.08 Petition to Compel Arbitration 306
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...ultiple defects in violation of express and implied warranties covering the car and that despite efforts to have the vehicle repaired at authorized Nissan repair facilities, the vehicle is still defective. (Def. RJN Exh. 1 [Compl. ¶¶ 7‐16].) Plaintiff's complaint alleges seven causes of action, including various violations of the Song‐Beverly Consumer Warranty Act, Civil Code section 1790 et seq. ("Song‐Beverly Act" for convenience) (1st�...
2022.12.08 Motion to Disqualify Counsel 898
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.08
Excerpt: ...OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/08/2022 Page 3 of 16 Standard Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature...
2022.12.08 Motion for Summary Judgment 998
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.08
Excerpt: ...9, 2018. She alleges defendant Charlie Paul Ramos rear‐ended her vehicle when she had slowed before making a right turn from northbound L Street onto Sycamore in Antioch. (Compl. p. 5.) Ramos filed an answer to the Complaint on September 2, 2021, alleging as his seventh affirmative defense that Plaintiff's claim is barred by the doctrine of accord and satisfaction. Plaintiff is represented by the Joseph Farzam Law Firm, and was formerly represe...
2022.12.08 Motion for Judgment on the Pleadings, for Appointment of Special Master 460
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...sons, the MJOP is granted, with leave to amend. Request for Judicial Notice Plaintiff's unopposed Request for Judicial Notice is granted. (Evid. Code §§ 452, 453.) Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with ma...
2022.12.08 Motion for Final Approval of Class Action and PAGA Settlement 482
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...mber 19, 2020, raising claims under PAGA and a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class represen...
2022.12.08 Motion for Final Approval of Class Action and PAGA Settlement 150
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.08
Excerpt: ...round and Settlement Terms The original complaint was filed October 16, 2019, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid wages due to rounding and off‐the‐clock work, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $390,000. The class represent...
2022.12.07 Motion for Summary Judgment 515
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.12.07
Excerpt: ...cember 2020, Dr. White alleges causes of action for negligence and premises liability. The Court has before it a motion for summary judgment (“MSJ”) brought by defendant John Muir Health (“John Muir”). The MSJ makes a single argument: that even assuming the facts are as alleged by Dr. White, John Muir did not owe Dr. White a duty to prevent the particular injuries suffered here, and as a result, summary judgment is warranted. Dr. White op...
2022.12.05 Demurrer to SAC 627
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ... to the fourth cause of action for breach of fiduciary duty ‐ moot based on the Court's concurrent ruling granting Placer's motion to strike the fourth cause of action. Plaintiff shall file any amended complaint by December 27, 2022. If Plaintiff seeks to allege a cause of action for breach of fiduciary duty or other new causes of action, Plaintiff shall seek leave to file an amended complaint. (See, e.g., Cal.R.Ct. 3.1324; Zakk v. Diesel (2019...
2022.12.05 Demurrer 775
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...ed a tentative ruling on the October 31, 2022 hearing, requesting supplemental briefing and continuing the hearing to this date. In the supplemental briefing, Kaiser informed the Court it would dismiss defendant KH from the action without prejudice. The dismissal of KH having been entered, the Court addresses only the demurrer by defendant PH in this ruling. For the reasons set forth, the demurrer is overruled. Defendant PH shall file her answer ...
2022.12.05 Demurrer to FAC 520
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...uninhabitable due to the structure being located on the top of a landslide. (FAC ¶9.) Plaintiff hired several different engineers that prepared reports on the property, but Defendant refused to remove the red tag. (FAC ¶¶11‐15.) The final report was provided to Defendant on December 13, 2019, but Defendant still refused to remove the red tag and issue a building permit. (FAC ¶15.) Plaintiff submitted a government claim on February 5, 2020, ...
2022.12.05 Motion for Judgment on the Pleadings 829
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...int by December 19, 2022. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) As...
2022.12.05 Demurrer to SAC 830
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ... Second Amended Complaint (“SAC”) for (1) breach of written contract; (2) accounting; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) fraud; and (9) recovery of contractor's bond. Defendant demurs generally to the SAC's allegations regarding Alter Ego Liability. Defendant further demurs to the causes of action for (6) intentional misrep...
2022.12.05 Motion for Summary Judgment, Adjudication 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.12.05
Excerpt: ...dy injury resulting from physical assault by Defendant Peter Hilliard, an employee On Air, LLC. Hilliard was working near Plaintiff's home in Walnut Creek when the incident occurred on September 14, 2020. Plaintiff alleges the incident during the course and supervisory scope of Peter Hilliard's employment or contract with Defendants Verizon California, Inc., and GTE Corporation. Motion Plaintiff alleges a sole cause of action for general negligen...
2022.12.05 OSC Re TRO and Preliminary Injunction 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.12.05
Excerpt: ...l Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Property was sold to David Robb. Defendant Ronald Knarr purchased the Property in 20...
2022.12.01 Motion to Transfer Venue 903
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...791 is granted. For the reasons set forth below, Defendant's Motion is denied. The matter is stayed pending resolution of the criminal matter currently pending in Alameda County Superior Court – Case No. 21‐ CR‐005791. Factual Summary This matter involves a personal injury action wherein Plaintiff Andrew Altamirano (“Plaintiff”) alleges that Defendant Dominic Garibaldi (“Defendant”) physically assaulted him resulting in injury to Pl...
2022.12.01 Motion to Compel Further Discovery Responses 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...21.5(b), i.e., whether “the necessity and financial burden of private SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/01/2022 30 enforcement…are such as to make the award appropriate[.]” To meet this test, a party must show that “the cost of the claimant's legal victory transcends his [or her] personal interest, that is, when the necessity for pursuing the lawsu...
2022.12.01 Motion to Compel Arbitration and Stay Action Pending Decision 783
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...elow, is granted, and Plaintiffs' individual PAGA claims are ordered to arbitration. The motion to stay action pending the decision on the motion is denied as moot. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through May 15, 2022. The case management conferen...
2022.12.01 Motion for Summary Judgment, Adjudication 213
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...ction, and as to Thomas Atherstone, defendant named only in the fifth cause of action, is granted. To the extent that Pawnee's pending motion also seeks entry of a default judgment against defendant Granite, that portion of the motion is denied, without prejudice to Plaintiff re‐filing the motion as a separate motion for relief which will be heard on January 11, 2023 pursuant to the Court's prior order setting the default prove‐up hearing. Pl...
2022.12.01 Motion for Summary Adjudication 073
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.12.01
Excerpt: ...ch owns an undivided 50% interest as tenant‐in‐common in a residential property located at 1670 San Luis Road in Walnut Creek. Defendant Oscar Hernandez is the owner of the remaining undivided 50% interest in the property. Plaintiff is Danelia Hernandez's daughter. Danelia and Oscar Hernandez, an unmarried couple, purchased the subject property in 1992, and held title as tenants in common. Danelia Hernandez transferred her 50% interest in the...
2022.12.01 Motion for Preliminary Approval of Class Action Settlement 841
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...nt at ¶ 2.) A. Litigation Background This particular case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021, by Plaintiff Ricardo Villalobos. (Byrd Decl. at ¶ 7.) On August 9, 2021, Plaintiff Villalobos filed a First Amended Class Action Complaint...
2022.12.01 Motion for Preliminary Approval of Class Action and PAGA Settlement 499
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.12.01
Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...

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