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2022.10.06 Demurrer 228
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ...ssociation, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset‐Backed Certificates, Series 2006‐HE4's (“MLMIT Defendant”) Demurrer to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 Complaint. The Complaint alleges eight causes of action: violations of Civil Code Sections (1) 2923.5; (2) 2924(...
2022.10.06 Demurrer 483
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ..., the City of Oakland, and Alameda County as defendants in her action for a breach of duty of care for her slip and fall in front of property located in the Town. On January 6, 2022, the Town sought more time to respond to the original complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 noting that they intended to file a demurrer and had been unable to have the requisite “meet and con...
2022.10.05 Motion for Judgment on the Pleadings 867
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.05
Excerpt: ...ia Consumer Credit Reporting Agencies Act (“CCRAA”), Civ. Code § 1785, et seq. and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), Civ. Code § 1786, et seq., on September 20, 2022. Plaintiff alleges that on September 14, 2020, he disputed a negative tradeline on his Experian credit report in the amount of $304, held under the collection agency Sequium Asset Solutions, Inc. (“Sequium”) on behalf of their clien...
2022.10.03 Petition to Compel Arbitration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...e Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 1, 2023. The case management conference presently set for November 29, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 25, 2023. The parties shall include with SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 their case management c...
2022.10.03 Petition for Writ of Mandate 302
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...2, and had accrued 27 years of service credit. On SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 December 15, 2015 he pled no contest to a single charge of felony violation of Penal Code §§ 503‐ 508, based on misconduct arising out of the performance of his official duties. His pension benefits were adjusted pursuant to Government Code 7522.72 following the felony conviction. Petitioner s...
2022.10.03 Motion to Enforce Settlement Agreement 119
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...g reasons, Defendant's Motion is granted as set forth below. Plaintiff's motion is denied. Procedural Background This matter involves a medical malpractice action wherein Plaintiff Jerry D. Smith (“Plaintiff”) alleges that Defendant Grace S. Chou (“Defendant”) was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Partie...
2022.10.03 Demurrer to FAC 419
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ... the Court's ruling on the first demurrer, a detailed account of the facts, as stated in the original complaint, was provided. It need not be repeated here. In sum, this case was filed by plaintiff, Frank Souza, who was the tenant of former property owner, defendant Stephen W. Yatsko. Plaintiff claims he had continuing tenancy rights pursuant to an amended lease at the time Sandhu Defendants purchased the property. The Court partially sustained a...
2022.10.03 Demurrer 570
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...ings suit to recover investments allegedly procured and converted by defendant Kevin Hampton through his fraudulent actions as the agent and co‐conspirator of the named co‐defendants, including cross‐complainants Michael Coleman III and Coleman Property Holdings, LLC. Abrahams' Fourth Amended Complaint (“4th AC”) alleges a fraudulent real estate scheme through a network of LLCs, which involved shifting debt from one property to another ...
2022.09.29 Demurrer to FAC 603
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...ff may file and serve an amended complaint by October 10, 2022. I. Background According to the First Amended Complaint (“FAC”), plaintiff engaged defendants Reallaw, APC and Michael J. Hassen on May 15, 2018, and later engaged defendant Thomas J. Kensok on October 17, 2018, for representation in an action “against or brought by” Mojgan Kavianinejad. (FAC, 3:20‐28.) Defendants agreed to “perform legal services to resolve any and all ma...
2022.09.29 Demurrer 243
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...ENT 36 HEARING DATE: 09/29/2022 17 must be filed and served by October 10, 2022. Should plaintiff elect not to amend, the time to answer will run from that date. Background In May of 2019, plaintiff worked with defendant McMorrow, who was acting as an agent for IP Investors, Inc., to refinance his existing home loans. (Complaint, ¶8; see also ¶15.) Plaintiff alleges he was wrongly induced to enter into a loan transaction (including a promissory...
2022.09.29 Demurrer to FAC 674
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ... violation of Civil Code § 2924h(g); (3) fraud; (4) violation of Civil Code § 2924f; (5) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendants demur to each cause of action of the FAC pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 4 For the follow...
2022.09.29 Demurrer to FAC 674 (2)
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendant demurs to Plaintiff's causes of action (1), (2), (3), (6), (7), and (8) 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. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a...
2022.09.29 Motion to Dismiss Case 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...inst Defendants. (CCP § 583.310.) This action was commenced on August 31, 2016. Defendants contend that Plaintiff was required to bring the case to trial no later than August 1, 2022. On April 29, 2020, the California Judicial Council issued Emergency Rule 10(A) which extended the five‐year statute by six months. Defendants contend that filing of the complaint on August 31, 2016, plus six months for the pandemic places the deadline on February...
2022.09.29 Motion to Set Aside Default 264
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (CCP § 473(b).) "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order...
2022.09.29 Motion to Strike Punitive Damages 663
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...dant's Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 2 Summary of Allegations This matter pertains to a motor vehicle accident that occurred on December 14, 2020 on the westbound side of Route 4 in Martinez, California. According to the Complaint, Defendant caused the accident by rear‐ending Plaintiff Laura Hinton (“Plaintiff”) after losing control of his vehicle. (Co...
2022.09.28 Petition to Compel Arbitration 495
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...bout August 30, 2010 Plaintiff Ishaq Shariff (“Plaintiff”) was hired by Defendant ERAC SF to work at their Concord, California location. On that date, as part of the hiring process, he was presented with a Mutual Arbitration Agreement (“Arbitration Agreement”). Plaintiff does not deny that he signed the Arbitration Agreement. (Declaration of Ishaq Shariff (“Shariff Decl.”) ¶2.) He does contend, however, that he was ‘forced' to sign...
2022.09.28 Motion to Vacate or Set Aside Default Judgment, Writ of Possession 681
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ... and Sheriff Eviction is denied. Background Plaintiff Jet Airways of India, Inc. is a California corporation. Plaintiff was the owner of property commonly known as 10 Brewin Court in San Ramon. Plaintiff, acting through its corporate secretary, Minda De Santos, and with its counsel Richard Taguinod, agreed and entered into a real estate purchase agreement (“RPA”) on February 3, 2020, with Juanetta Stephens. On February 14, 2020, Juanetta Step...
2022.09.28 Motion for Summary Judgment 385
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...ein as the "Driver" or "Barturen"), when that vehicle made a left turn from Moraga Way onto Coral Drive. That defendant and two others who were the owners of the vehicle defendant Barturen was driving, have settled with Plaintiff pursuant to a good faith settlement approved by the Court on April 11, 2022. Defendant Jane Sayre owns the property bordering the public right‐of‐way next to the bike lane just before the intersection where Plaintiff...
2022.09.28 Demurrer to FACC 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...forth, the demurrer is overruled. Factual Background The FACC at issue in the demurrer alleges that the Menascos breached an agreement for the sale of a timeshare interest to Jerry Kilarr, now deceased. (FACC ¶¶ 15‐18 and Exhs. G and H.) The Menascos agreed to sell a timeshare interest in property in South Lake Tahoe (the "Timeshare") to Kilarr as part of a settlement of litigation that began in 2016 between the Menascos, on one hand, and Jer...
2022.09.26 Petition for Relief from Government Claim Filing Requirements 579
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ...Mr. Arnold Borgen was driving home when he struck Petitioner Ryan Thibodeaux (“Petitioner”), who was apparently in the middle of the roadway, injuring him. Mr. Borgen was an off‐duty San Francisco Police Department Traffic Officer driving home from an overtime shift in his personal vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/26/2022 6 Petitioner promptly hired an attorney to represe...
2022.09.26 Demurrer 941
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ... of Public Property. The Complaint alleged that Plaintiff was walking on the sidewalk in front of 1060 Hensley Street in Richmond, California on September 3, 2021. “As he was walking, he tripped and fell due to a gap from missing concrete.” The Complaint names City of Richmond, County of Contra Costa, J.T. Thorpe & Son, Inc., and Hensley Property, LLC as defendants. The General Negligence and Premises Liability – Negligence claims are asser...
2022.09.22 Motion to Proceed Using Pseudonym, to Seal 678
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...onym “Jane Doe” in place of Plaintiff's legal name. The Complaint alleges eight causes of action, each of which related to an alleged sexual assault and/or unwarranted touching of Plaintiff. Plaintiff did not seek prior approval to file the Complaint anonymously. Although the Complaint names Attunement Massage, an unknown California business entity as the Defendant, the body of the Complaint identifies Nathaniel Bangs as the person that alleg...
2022.09.22 Demurrer 534
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...��Borrower”), executed and delivered to Meriwest a written Promissory Note and Business Loan Agreement for funds in the amount of $5,601,000.00. Borrower SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/22/2022 has defaulted on the loan. Plaintiff seeks to have a Receiver appointed to collect the rents and profits from the Subject Property. Demurrer Pursuant to Code of Civil Procedure section 430.10,...
2022.09.22 Demurrer to FAP 849
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.22
Excerpt: ...scretion to consider petitioners' late‐filed opposition memorandum. Petitioners' counsel is admonished to file all future papers in a timely manner. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 09/22/2022 5 B. The First Cause of Action. The First Cause of Action seeks a writ of mandate based on alleged violations of the California Environmental Quality Act (“CEQA”). On February 10, 2022, the Cou...
2022.09.22 Motion for Summary Judgment, Adjudication 448
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...a “black parking lot/driveway barrier” at the exterior premises of Hartz Restaurant LLC, doing business as Almanac Restaurant, then Farmer's Almanac Restaurant, and finally Danville Harvest Restaurant at 500 Hartz Drive in Danville, California. Plaintiff worked for Danville Harvest Restaurant as a sous chef the time of the accident. After settling a workers' compensation case, plaintiff sued the owner of the property, Elwood 500 Hartz, LLC (L...
2022.09.22 Motion to Strike Amended Expert Disclosure, for Sanctions 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...rties exchanged expert disclosures on August 30, 2021. On September 17, Plaintiff served Defendants with her Supplemental Expert Witness Disclosure Statement. On September 16, 2021, the Honorable Judge Steve Austin continued the trial date to October 11, 2022. On August 22, 2022, Defendants demanded an exchange of expert witness information and demand for production of expert writings, and disclosed an additional expert witness. Plaintiffs ask th...
2022.09.22 Motion to Quash 118
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ... Yeyeclub to file its proposed pleading, a motion to quash. Judge Austin gave Plaintiff time to conduct jurisdictional discovery. Plaintiff did not ultimately obtain any jurisdictional discovery from Yeyeclub, but Plaintiff has included new evidence with this motion that he did not include in 2018. The Court's ruling on the motion to quash includes consideration of new evidence not presented to Judge Austin in December 2018. Plaintiff claims that...
2022.09.22 Motion to Set Aside Default, Judgment 606
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.22
Excerpt: ...ce set for October 24, 2022 by no later than September 26, 2022. Background Plaintiff Equity Track, Inc. filed a complaint against defendant Johnny Jose Ramos asserting claims for specific performance based on breach of a contract to sell real property and damages for breach of contract. Based on the proof of service on file with the Court, Ramos was served with the summons and complaint and failed to timely respond. Plaintiff requested, and the ...
2022.09.22 Motion to Set Aside Default, Judgment 998
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ... without need to take judicial notice of it. Defendant's request for judicial notice is granted as to the corporate documents filed with the Secretary of State. The Court can take notice of the documents, but not the truthfulness of the contents or interpretation thereof. (StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 456, fn. 9.; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) Procedural Background Plaintiff Jeremy Pet...
2022.09.22 Petition to Compel Arbitration and Stay Action 174
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.22
Excerpt: ...nherent authority and in the interests of justice and judicial economy, on the terms set forth. The case management conference date presently set for October 3, 2022 is hereby vacated, and a case management conference is hereby set for 8:30 a.m. on April 19, 2023 in Department 36. This action shall be stayed for until the April 19, 2023 case management conference. The parties shall file case management conference statements prior to the CMC heari...
2022.09.21 Motion to Enforce Settlement Agreement 445
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ...“SBA”), SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 09/21/2022 claim, the so‐called California ‘lemon law.' It concerns a 2018 Acura MDX, bearing VIN 5J8YD4H88JL002329 (the Subject Vehicle.”) On April 8, 2022, the Parties participated in a settlement conference wherein they came to initial terms for a full and complete settlement of the matter. On that date, the Parties, as...
2022.09.21 Motion for Summary Judgment, Adjudication 181
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ... property (vacant land) commonly referred to as 523 Santa Fe Avenue, Richmond, or Assessor's Parcel No. 558‐184‐005, now owned by plaintiffs Greg and Jennifer Jerum (hereinafter “Jerum Property”). The Jerum property was once bounded by portions of Santa Fe Avenue and Bishop Avenue. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact No. 7 and response.) In 1963, the City of Richmond passed an Order of Vacation ...
2022.09.21 Motion for Summary Judgment 901
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ...� 6.) Defendant Edward Harris was employed by the Bank and was the private banker assigned to the Firm. (Pl. Undisputed Material Facts ("PUMF") No. 2; Def. Opp. to PUMF ("DOPUMF") No. 2.) The Firm's Complaint alleges six causes of action against the Bank arising out of a check in the amount of $177,500 the Firm received from a client and deposited into the IOLTA account at the Bank on March 9, 2020. (PUMF No. 4 [though the PUMF refers to a $177,5...
2022.09.21 Motion for Summary Judgment 785
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.21
Excerpt: ...ns stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. Plaintiff presented the declaration of Counsel George Holland which shows good cause exist for a continuance. However, the Opposition points out the Defendants' evidence in support of the motion fail to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPART...
2022.09.19 Demurrer 744
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ...ction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e...
2022.09.19 Motion for Summary Judgment 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ...x evidentiary issues and because of complex legal issues concerning causation. The Court's preliminary assessment is that whether the motion for summary judgment should be granted is a very close call. Given the high stakes involved, the Court wishes to give both sides a full opportunity to persuade the Court that their position is correct. The Court would find supplemental briefing helpful in this regard. The parties shall file supplemental brie...
2022.09.19 Motion for New Trial 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ..., 2022. While plaintiff's motion for reconsideration was pending, the court entered a judgment in favor of defendants on July 20, 2022. The court lost jurisdiction to grant reconsideration once judgment was entered. (APRI Ins. Co. S.A. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) Nevertheless, the court determined it had the discretion to treat plaintiff's motion for reconsideration as a motion for new trial and the matter was continued for...
2022.09.19 Motion for Summary Judgment 746
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.19
Excerpt: ... on the date of the incident, but she is already precluded from making such an argument because the court previously found that any such argument would be a ‘sham.' See … Order Denying Plaintiff's Motion to file an [sic] Amended Complaint.” (Defendant's memorandum p.2, fn.1.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/19/2022 7 In support of its motion, Defendant includes the original compl...
2022.09.16 Motion to Vacate Renewal of Judgment 679
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.16
Excerpt: ... the Law Office of Kenneth R. Graham on June 2, 2014. Collection efforts ensued. On October 20, 2021, defendants filed a motion to vacate the judgment. After an evidentiary hearing, the Court denied the motion to vacate. Defendants then filed a motion for reconsideration which was set for hearing on April 1, 2022. A judgment debtor exam took place on January 24, 2022 after which parties discussed settlement. (Declaration of Ronald W. Carter in Su...
2022.09.16 Motion for Summary Judgment 549
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.16
Excerpt: ...d K Supply to purchase bricks. While at Diamond K, plaintiff got into a heated argument with an employee of the business, Efrain Lepe. After plaintiff left defendant's premises and returned to his job site, plaintiff developed a severe headache. Plaintiff was taken to the hospital where a CT scan of his head revealed numerous aneurysms of the brain, most notably, a right middle cerebral artery (MCA) aneurysm that had ruptured. Plaintiff required ...
2022.09.15 Demurrer 081
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ... overruled. The demurrer to the First and Second Causes of Action is sustained with leave to amend. The demurrer to the Fifth and Sixth Causes of Action is overruled. Winehaven shall file any amended complaint on or before October 20, 2022. The basis for this ruling is as follows. A. The City's Request For Judicial Notice. Winehaven's objection to the City's request for judicial notice is sustained. The hearing on a demurrer may not be turned int...
2022.09.15 Demurrer 664
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...dants first through thirty‐ninth affirmative defenses on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. The Demurrer is sustained, with leave to amend, as to the fourth, fifth, sixth, seventh, eighth, thirteenth, fourteenth, sixteenth, seventeenth, eighteenth, twenty‐fourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, twenty‐eighth, twenty‐ninth, thirtieth, thirty‐ firs...
2022.09.15 Motion for Judgment on the Pleadings to FAC 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...bject of this action in August 2007. As of February 2019, the loan was in default. On September 10, 2020, a Notice of Trustee's Sale was recorded. In October 2020, the property was sold to a third party. Plaintiff, through her Guardian ad Litem, alleges Defendants foreclosed on her single‐family residence located at 2610 Francisco Way in El Cerrito illegally. Plaintiff seeks damages. Motion Pursuant to Code of Civil Procedure section 438, Defen...
2022.09.15 Motion for Final Approval of Class Action Settlement 454
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...exempt employees alleging that defendant violated the Labor Code in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not e...
2022.09.15 Motion for Judgment on the Pleadings 980
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...petition and complaint on June 7, 2021. They sued for (1) writ of mandate (fair hearing and failure to make findings supported by the evidence), (2) writ of mandate (Housing Accountability Act), (3) violation of Civil Rights (U.S. Constitution and 42 U.S.C §1983), (4) inverse condemnation (California Constitution) and (5) declaratory relief. The Court heard the writ claims first and issued a decision denying both writ claims on June 21, 2022. Th...
2022.09.15 Demurrers 354
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...ate nuisance, (5) public nuisance, (6) declaratory relief. For the reasons set forth below, the Demurrer is sustained in part and overruled in part, as outlined below. The City is granted leave to amend. CRPC's request for judicial notice regarding the Antioch Municipal Code is granted. (Cal. Evid. Code § 452 (b), (c).) Factual Allegations On January 8, 1991, the City Council of the City of Antioch (“City Council”) granted a 25‐year Franch...
2022.09.15 Motion for Preliminary Approval of Class Action Settlement 023
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ... complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. The settlement would create a gross settlement fund of $400,000. The class representative payment would be $7,500 each, totaling $15,000. Counsel's attorney's fees would be $140,000 (35% of t...
2022.09.15 Motion for Summary Judgment 493
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...Motor Vehicle” against Defendants Salem Habash. Plaintiff was stopped for a pedestrian in the crosswalk on the campus of Facebook, Inc. in Menlo Park. Habash was driving a vehicle owned by Defendant Enterprise Rent‐A‐Car of San Francisco used in the Ride Share Program. Both Plaintiff and Defendant were employed as security officers by Allied Universal. Allied Universal provides security services for the numerous Facebook buildings at Menlo ...
2022.09.15 Motion for Summary Judgment 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.15
Excerpt: ...: (1) interference with contract, (2) interference with prospective advantage, (3) conversion, (4) statutory theft, (5) unfair competition in violation of business and professions code section 17200 (“UCL”), (6) unfair competition in violation of common law, (7) misappropriation of trade secret, (8) breach of fiduciary duty, and (9) breach of oral contract. For the following reasons, the Motion for Summary Judgment is denied. Defendants' Moti...
2022.09.15 Motion to Compel Arbitration 903
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ... there is not an enforceable agreement to arbitrate. Rather, she has asked the Court to stay this matter pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (4th DCA April 11, 2022) 2022 Cal.App.Unpub.LEXIS 2170 (review granted July 20, 2022; 2022 Cal.LEXIS 4125.) (“Adolph”). The MTC is based on Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). The Court first examines that opinion. A...
2022.09.15 Motion to Compel Arbitration 927
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...agreement to arbitrate. Rather, she has asked the Court to stay this matter pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (4th DCA April 11, 2022) 2022 Cal.App.Unpub.LEXIS 2170 (review granted July 20, 2022; 2022 Cal.LEXIS 4125.) (“Adolph”). The MTC is based on Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). The Court first examines that opinion. A note here concerning the ter...
2022.09.15 Motion to Compel Further Production of Docs 755
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...ion. (Mattco Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1436.) Moreover, since Martinez was just decided in August, it does not explain the history of the discovery disputes. The Court will address the specific requests in dispute as follows: RFP Nos. 1, 3, 9, 10: Plaintiffs seek a format that is not locked and contains additional data points. The District contends, through the declarations of Kevin Rocap and Angelica Thomas, that so...
2022.09.15 Motion for Preliminary Approval of Class Action Settlement 272
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.15
Excerpt: ...lleging that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement would create a gross settlement fund of $95,000. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would 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 pen...
2022.09.12 Petition to Compel Arbitration 405
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.12
Excerpt: ...nville, California, on December 6, 2019. Petitioner Mustafa Ayubi, was driving for rideshare application Uber. Petitioner and his passengers, Chandima Fernando and Avanthi Bandarnaike, were injured in the accident. Other involved drivers include Antoinette Chavez‐Jesus (an Allstate insured) and Kathleen McElroy (a Nationwide insured). Petitioner and his passengers pursued bodily injury claims against Chavez‐Jesus, which resulted in a settleme...
2022.09.12 Motion for Judgment on the Pleadings 857
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.12
Excerpt: ...a party is entitled to judgment as a matter of law. (Code Civ. Proc. § 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) 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; Burnett v. Chimney S...
2022.09.09 Renewed Motion for Summary Adjudication 007
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.09
Excerpt: ...aintiffs”). The MSA is opposed by the defendants/respondents, San Joaquin County Emergency Medical Services Agency and the County of San Joaquin (collectively, “Defendants”). The Court previously denied Plaintiffs' MSA in November 2021. In bringing the renewed MSA, Plaintiffs contend that City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010 (“Oxnard”), which was decided after this matter was submitted and finalized after the C...
2022.09.09 Motion for Summary Judgment, Adjudication 890
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.09
Excerpt: ...is case involves the personal injury and eventual death of Ms. Loyola Meagher (hereinafter “Loyola”), who was an elderly woman who suffered a stroke in August 2017. On September 12, 2017, after a stay at John Muir Medical Center, she was placed in the care of defendant, Manor Care of Walnut Creek, LLC (“Manor Care”) for rehabilitation and skilled nursing services. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” ...
2022.09.09 Motion for Summary Judgment 919
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.09
Excerpt: ...m breach of a home equity line of credit originally issued by National City Bank. Defendants answered, generally denying that any debt is owed and asserting various affirmative defenses, including that the complaint is barred by the statute of limitations and Piedmont violated the Fair Debt Buying Practices Act. Defendants also filed a cross‐complaint against Piedmont to redress its debt collection practices. The material facts are largely undi...
2022.09.08 Demurrers, Motion to Strike 460
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.08
Excerpt: ...misrepresentation, (3) intentional misrepresentation, (4) fraud, (5) negligence, (6) implied indemnity, (7) equitable indemnity, (8) comparative indemnity, (9) contribution, (10) declaratory relief, (11) violation of prompt payment act, (12) common counts—money paid, (13) quantum meruit, and (14) alter ego liability. Cross‐Defendant demurs to Cross‐Complainant's fifth, sixth, seventh, eighth, ninth, and tenth causes of action pursuant to Co...
2022.09.08 Demurrer 731
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.08
Excerpt: ...(2) negligent hiring, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/08/2022 supervision & retention, and (3) elder abuse – neglect. Defendants demurrer only to the third cause of action for elder abuse – neglect. Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Allegations in the Complaint Bay Medic is a medical transport service. Since 2022, Bay Medic has reduced its fiel...
2022.09.08 Demurrer to TAC 506
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.08
Excerpt: ...ful death, (2) wrongful death based on negligent supervision, training discipline and retention, (3) Bane Act, and (4) negligent infliction of emotional distress. Negligent Hiring, Supervision, Training and Retention (C/A 2) and Bane Act (C/A 3) The Court previously found that Plaintiffs had not stated a claim as to negligent hiring, supervision, training and retention and as to the Bane Act claim. The Third Amended Complaint does not change the ...
2022.09.08 Motion for Preliminary Approval of Class Action Settlement 831
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.08
Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, unreimbursed business expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $224,400. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $74,800 (one‐third of the settlement). Litigation co...
2022.09.08 Motion for Approval of PAGA Settlement 473
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.08
Excerpt: ...breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The complaint was filed March 9, 2021, initially as a class action. PAGA claims were added by a First Amended Complaint May 20, 2021, and the Court approved dismissal of the class and individual claims on June 7, 2021. The total settlement payment is $170,000. This is composed of attorney's fees of $56,666.66 (one‐third of the recovery), a ceiling on litigat...
2022.09.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 999
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.08
Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods (all primarily based on off‐the‐clock work), and waiting time and wage statement claims. The settlement would create a gross settlement fund of $726,600. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $242,000 (one‐third of the settlement). Litigation costs a...
2022.09.08 Motion for Summary Judgment 044
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.08
Excerpt: ...ciated with replacing an electrical pole that was struck by a vehicle driven by defendant Sofia Mirella Madruga on June 10, 2017. (Separate Statement of Undisputed Material Fact, hereinafter “SSUMF,” Fact Nos. 1, 5, and response.) PG&E filed this action on October 1, 2020, alleging three causes of action against defendant: (1) negligence, (2) negligence per se, and (3) trespass. PG&E claimed it was entitled to “compensatory damages accordin...
2022.09.08 Motion for Summary Judgment, Adjudication 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.08
Excerpt: ... (1) Plaintiff was never employed by Shannon B. Jones Law, Inc.; (2) Based on after‐acquired evidence, Plaintiff cannot establish her constructive discharge claim; (3) Plaintiff cannot sustain her constructive discharge claim, independent of after‐acquired evidence; and (4) Plaintiff's intentional infliction of emotional distress claim is subject to the exclusivity remedy of the Workers' Compensation Act. Defendants Shannon B. Jones Law Group...
2022.09.02 Motion to Strike 650
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.02
Excerpt: ...filed by October 15, 2022. Background On December 6, 2021, Defendants Jeremy D. Williams, Raymond Landry, and Synthia Jones‐Clark ("Cross‐Complainants") filed a cross‐complaint naming as cross‐defendants plaintiffs Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, who is now deceased, and William Simpich, who is counsel for the Plaintiffs and other named CrossDefendants. On January 11,...
2022.09.02 Motion to Consolidate 669
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.02
Excerpt: ... documents and witnesses. Defendant Karen Moroz objects to the motion to consolidate arguing that “Plaintiffs' 2019 Action is not pending before the Court.” (Objection at 1:28‐2:1.) Factual Background: Plaintiffs filed the instant case in December 2019. A First Amended Complaint (“FAC”) was filed on May 4, 2022. The FAC alleges five causes of action: (1) strict liability; (2) negligence; (3) intentional infliction of emotional distress;...
2022.09.02 Motion for Summary Judgment 559
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.02
Excerpt: ...) nuisance. (The caption of the Complaint references a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Defendant moves on the grounds that the HOA is entitled to make decisions SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 09/02/2022 15 regarding landscaping under the Conditions, Covenants, and Restrictions (CC&R's) of the HOA, that the HOA's dec...
2022.09.02 Demurrer to FAC 650
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.02
Excerpt: ...round Plaintiff Todd Alden Whitacre was a pump man aboard the tanker ship SLNC PAX for just under four months. (First Amended Complaint, also referred to herein as “FAC,” 2:19‐22.) Over two days, November 26‐27, 2018, plaintiff dried out the pumproom. The next day he called the medic and complained of irregular heartbeats. (FAC, 5:19‐23.) Plaintiff wrote an official ship statement after the cleaning operation, stating he "felt wobbily [...
2022.09.02 Demurrer 330
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.09.02
Excerpt: ... First Cause of Action, and is otherwise overruled. Defendants shall file an answer to the Third Amended Complaint on or before September 22, 2022. The basis for this ruling is as follows. A. Plaintiffs' Evidentiary Objections. Plaintiffs' evidentiary objections, filed with plaintiffs' opposition memorandum on August 22, 2022, are overruled. The Court may take judicial notice of court filings and orders that are pertinent to defendants' res judic...
2022.09.01 Motion for Attorney Fees 971
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.01
Excerpt: ...rest; (3) the party conferred a significant benefit, whether pecuniary or nonpecuniary, on the public; and (4) the necessity and financial burden of private enforcement makes an award appropriate. (1) Prevailing Party The Real Party in Interest prevailed in the case. A Real Party in Interest is eligible for fees as a prevailing party, if it meets the other statutory criteria. (Early v. Becerra (2021) 60 Cal.App.5th 726, 736.) (2) Public Interest ...
2022.09.01 Demurrer 842
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.01
Excerpt: ...aintiff shall file and serve any amended complaint on or before September 22, 2022. Background Plaintiff Edgar Wilson alleges that on July 10, 2020, he was assaulted by Michael Roberts Construction, Inc.'s employee, Defendant Juan Miguel Medina, when he went to retrieve his paycheck from Defendant Michael Roberts Construction. Demurrer Pursuant to Code of Civil Procedure § 430.10(e), Defendants Michael Roberts Construction, Inc. (“MRC”) and ...
2022.09.01 Demurrer, Motion to Strike 948
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.01
Excerpt: ...h, are deficient because they (i) fail to state facts sufficient to constitute a cause of action under section 425.10(e) of the Code of Civil Procedure (“CCP”) and (ii) are uncertain under section 425.10(f) of the CCP. Plaintiffs Alexander Katz (“Alexander”) and Julia Mirman (“Mirman” (collectively, “Plaintiffs”) oppose. (The Court notes here that the decedent and Alexander share the surname Katz. Accordingly, for the sake of clar...
2022.09.01 Motion for Approval of PAGA Action Settlement 262
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.01
Excerpt: ...wages and overtime, failure to reimburse business expenses, and cascading derivative violations. The total settlement payment is $215,000. This is composed of attorney's fees of $71,666.66 (one‐third of the recovery), $12,829.83 in litigation costs, and up to $4,500 in costs to the settlement administrator (Phoenix). PAGA penalties of $126,003.51 would be apportioned 75% to the LWDA SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA...
2022.09.01 Motion to Amend Answer, to Compel Arbitration 659
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.01
Excerpt: .... (Compl. ¶ 2.) She filed her complaint initiating this action on April 7, 2021, alleging a single cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA") for violation of Labor Code section 2751(a). The complaint alleges that Broker violated Labor Code section 2751(a) by its failure to include or disclose its "lean in" policy affecting the employees' commissions. Defendant Broker filed its answer to the ...
2022.09.01 Motion for Entry of Judgment 972
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.01
Excerpt: ...the submission of the motion, the parties submitted a declaration pursuant to Rule of Court 3.770 There are two claims against the State defendants in the Third Amended Complaint. The First cause of action is for violations of Education Code section 56000 (right to a Free and Appropriate Education), and alleges that the plaintiffs “suffer, will suffer, or have suffered, irreparable harm, including substantial losses of educational opportunities...
2022.09.01 Motion for Summary Judgment 213
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.01
Excerpt: ...mation. As the Assembly Committee on Health stated in describing section 1280.15: CMIA prohibits, with exceptions, health‐care providers . . . from disclosing medical information . . .. CMIA does not address “access” which could involve an individual “snooping” at a patient's records without a healthcare related or other legally authorized purpose, but who does not disclose or otherwise use the medical information. In Regents of Univers...
2022.09.01 Motion to Strike, Demurrer 374
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.01
Excerpt: ...evant, false or improper matter" or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Like a demurrer, the grounds for a motion to strike must appear on the face of the pleading or be based on a matter subject to judicial notice under Evidence Code sections 450‐453. (Code Civ. Proc. § 437(a) and (b).) "A motion to strike, like a demurrer, challenges the legal sufficiency...
2022.09.01 Motion to Transfer Venue 881
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.01
Excerpt: ...of 5 Mile Road, which is located in El Dorado County. The accident occurred when Defendants vehicle made a left turn across US‐50, in front of Plaintiff's vehicle, resulting in a collision. Emergency medical attention was performed on location and at a local hospital in El Dorado County, and one of the Plaintiff was airlifted to a hospital in Placer County. Both Defendants are residents of Contra Costa County. All five Plaintiffs are residents ...
2022.09.01 Motion for Fees and Costs 280
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.09.01
Excerpt: ... a motion for summary judgment. ProWest then made a Code of Civil Procedure section 998 offer for $159,000. Ultimately, the offer was accepted. Elite was a subcontractor of ProWest. Elite demanded payment, including from the surety, and was not paid. Elite filed a mechanics lien and subsequent suit. It filed a motion for summary adjudication. In addition, the property owner (San Ramon Owner) filed an action against ProWest, which resulted in ProW...
2022.08.31 Motion to Dismiss for Non-Joinder of Parties 391
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.08.31
Excerpt: ...orandum on July 6, 2022, are overruled. This evidentiary ruling, however, is not dispositive of defendant's motion; the Court would have issued the same ruling if defendant's evidentiary objections had been sustained. A‐2. Defendant's Verified Answer. In paragraphs 15 and 20 of the Verified Amended Complaint, plaintiffs allege as follows: 15. Notwithstanding the apparent transfer of the real property in Contra Costa County leased to Plaintiff J...
2022.08.31 Motion for Summary Judgment, Adjudication 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.08.31
Excerpt: ...ord shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Facts On or about June 30, 2015, landlord and tenant, Fitness International, LLC (“Fitness International” or “tenant”) entered into a commercial lease (“Lease”) for 5001 Lone Tree Way, Antioch, CA 94509 (the “Premises”). (SSUMF, Fact No. 1 and response.) The Lease has a term of 19 years, with the option to extend ...
2022.08.29 Demurrer 793
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.29
Excerpt: ...laint This is an action for breach of lease and related torts. Plaintiff Noble Learning Academy (NLA) is a middle school owned and operated by plaintiffs Cassondra Hull and Mark Hull (the Hulls). On or about March 18, 2021, Cassondra Hull (Hull) asked defendant Walnut Creek Presbyterian Church (WCPC) whether NLA could rent space at WCPC's facility for the 2021‐2022 academic year. The parties discussed the proposal in a series of email messages ...
2022.08.26 Petition for Writ of Mandate 370
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.08.26
Excerpt: ...urt on July 11, 2022. Statement of Facts: On January 14, 2020, Petitioner entered a plea of Nolo Contendre to one count of violation of Vehicle Code section 20001(a) (“Section 20001”), “Hit And Run Resulting In Death Or Injury Felony.” (AR 33‐34.) The plea had the same effect as a guilty plea. (Ibid.) The imposition of a sentence was suspended. (AR 31, 33‐ 34.) Petitioner was, however, placed on formal probation for five years, on ter...
2022.08.26 Demurrer 842
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.08.26
Excerpt: ...e near Edward Avenue in the City of Pittsburg when a vehicle driven by defendant Mikenya Moss struck him. (FAC ¶ 10.) Plaintiff alleges the City controls and maintains the road where Plaintiff was struck. (FAC ¶ 7.) After the Court sustained a demurrer by the City of Pittsburg ("City") to Plaintiff's original complaint, Plaintiff filed his FAC alleging a first cause of action for dangerous condition of public property against the City under Gov...
2022.08.26 Demurrer 650
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.08.26
Excerpt: ...of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the “Property”). (SAC ¶3, Ex. A.) In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice (“RJN”), Ex. B.) In October 2004, Plaintiff obtained a home equity line of credit in the maximum amount of $100,000 from E‐Loa...
2022.08.25 Motion to Strike 118
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.08.25
Excerpt: ...ivil), (5) intentional infliction of emotional distress, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that the TAC fails to allege facts sufficient to support a finding of foreseeability required to impose a duty on Defendant Tankersley. The Court previously continued the hearing on this matt...
2022.08.25 Motion for Summary Judgment 645
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.08.25
Excerpt: ...oss‐Complaint filed 7/7/20 by H. Max and Renee Peyvan (“Peyvans”), (3) the Second Amended Cross‐ Complaint filed 8/11/20 filed by Ali Hassan and others (“Hassan”), (4) the First Amended Cross‐Complaint filed 8/4/20 filed by Inga Stiles, (“Stiles”) and (5) the Second Amended Cross‐Complaint filed 12/4/20 filed by Massoud Fanaieyan (“Fanaieyan”). (The Krabers, Peyvans, Hassan, Stiles and Fanaieyan are collectively referred t...
2022.08.25 Motion for Summary Judgment 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.08.25
Excerpt: ...ence with contract, (2) interference with prospective advantage, (3) conversion, (4) statutory theft, (5) unfair competition in violation of business and professions code section 17200 (“UCL”), (6) unfair competition in violation of common law, (7) misappropriation of trade secret, (8) breach of fiduciary duty, and (9) breach of oral contract. For the following reasons, the Motion is continued to allow time for corrected briefing of this matt...
2022.08.25 Petition for Coordination 245
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.08.25
Excerpt: ...). Each case alleges that defendant has violated various wage & hour requirements of the California Labor Code, and sues under the Private Attorneys General Act. On July 10, 2022, the Chief Justice, acting as Chair of the Judicial Council, assigned the determination of the petition to the Contra Costa Superior Court. On July 27, 2022, the Presiding Judge of this Court assigned this Court as the Coordination Motion Judge. Pursuant to Rule of Court...
2022.08.25 Motion to Strike 584
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.08.25
Excerpt: ...mily residence located in Orinda. Plaintiffs allege that from the time they moved into the premises, the property had issues with mold. (FAC ¶ 7.) They allege Lewis informed them of the mold, but that Plaintiffs attempted to address the mold with bleach and cleaning. (FAC ¶ 7‐10.) They allege that after the COVID‐ 19 pandemic began, the Plaintiffs suffered income loss and began to fall behind in their rent payments in May 2020 (or in late 2...
2022.08.25 Motion to Strike, Demurrer 810
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.08.25
Excerpt: ...s as follows: (a) PSG's motion to strike is denied in part, and denied in part as moot as set forth below; (b) Gamma Defendants' motion to strike is denied in part,, and denied in part as moot as set forth below, and granted in part only as to Prayer for Relief paragraph 2; and (c) PIIC's motion to strike is denied in part, and granted in part, as detailed in the ruling below. Legal Standards Applicable to Motion to Strike The Court may strike al...
2022.08.25 Petition to Compel Arbitration 996
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.08.25
Excerpt: ...URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 08/25/2022 decision Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). Opposing the MTC, Ely contends (1) that the arbitration agreement in this case is materially different from the one at issue in Viking, such that Viking does not control the outcome here; and, (2) that WCA waived its right to seek arbitration in this matter. Requests for Ju...
2022.08.24 Motion to Strike Punitive Damages 745
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.08.24
Excerpt: ...as 119 Bunce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltzes' property, located at 113 Bunce Meadows Drive in Alamo. The Kiltzes' predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhanging on the Wickersham property. Plaintiffs allege the overhanging branche...
2022.08.24 Motion to Stay Arbitration, to Compel Arbitration 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.08.24
Excerpt: ...(collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Thereafter, Defendant removed him as manager of the other LLCs. 0n November 17, 2021, Defendant Olawa, LLC's counsel informed Oura's...
2022.08.24 Motion for Leave to File Complaint in Interpleader 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.08.24
Excerpt: ... Plaintiff and Jamison‐Pratt. Plaintiff Linton McNeal (“Plaintiff” or “McNeal”) objects to this Motion on several grounds. For the following reasons, the Motion is granted. Judicial Notice Defendant requests judicial notice of its verified answer to Plaintiff's Third amended Complaint; Counterclaim and Cross‐Claim in Interpleader filed on May 6, 2022 as well as Plaintiff's answer to Protective's Counterclaim and Cross‐Claim in Inter...
2022.08.22 Motion for Summary Judgment 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.22
Excerpt: ...er, for the wrongful death of her son, Ivan Stepkin (“Stepkin”). On November 20, 2020, Stepkin was killed in a motor vehicle accident with Defendants K Double H Transportation, Inc. (“KDH”) and its driver Kendall Harlan Hisey (“Hisey”). AAS had arranged for KDH to transport a vehicle for its customer, Justin Salter (“Salter”). Plaintiff's motor vehicle cause of action alleges an agency relationship among the defendants. Plaintiff'...
2022.08.22 Demurrer, Motion to Strike 943
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.08.22
Excerpt: ...ified School District to teach at Pinole Middle School (the “School”) in 2004. Uribe began to sexually groom Plaintiff during his 8th grade school year. Uribe spent an abnormally large amount of time with Plaintiff and his friends, and showed obvious favoritism toward Plaintiff. This included picking up Plaintiff from school, taking him to movies, and to get pizza, among other things. All of the actions taken by Defendant SUPERIOR COURT OF CA...
2022.08.19 Motion to Compel Arbitration 730
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.08.19
Excerpt: ...oss Defendant is Vila Construction Co. (Vila). Defendants are DTR Asset Management, LLC (“DTR”) and Randy Wilcox, dba Oliver's Towing. CrossComplainants are DTR and Oliver's Tow, Inc. Vila filed the operative second amended complaint (“SAC”) on September 14, 2021. Vila alleges two construction contracts between Randy Wilcox as “Owner” and Vila Construction as “Contractor.” The first contract, dated August 21, 2019 and titled “AI...

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