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2018.5.23 Motion to Vacate Judgment 347
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.23
Excerpt: ...ceived a default judgment against Defendant in 1987 for $445,557. The current value of this judgment (with Alaska's 10.5% interest rate) is $1,868,991. Plaintiff has not collected any of this judgment from Defendant and she claims it is because she has been unable to locate him. In 2015, Plaintiff finally located Defendant in this County. On February 20, 2018, she filed an application for entry of judgment based on a sister‐state judgment pursu...
2018.5.23 Motion for Summary Judgment, Adjudication 637
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.23
Excerpt: ...ff in a prior case whose claims of Breach of Contract, Negligence, and Intentional Misrepresentation did not survive a Court trial, and judgment was entered against Ms. Zarnegar and in favor of Mr. Hashemi on March 2, 2016. In that case, Ms. Zarnegar failed to prove, among other things, that she and Mr. Hashemi entered into a contract to remodel her home. However, the evidence showed some ‘shenanigans' with a realtor friend of Mr. Hashemi allow...
2018.5.23 Motion for Summary Judgment 775
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.23
Excerpt: ...set forth in the Answer to Plaintiff's Complaint. ICW argues it is entitled to judgment in its favor because the Pollution Exclusion in the subject policies bar all of Plaintiff's claims. Defendant argues there is no dispute that the alleged contamination is property damage that falls within the scope of the exclusion provision of the policies issued to the Monroes. ICW seeks the same ruling relative to its cross‐complaint for declaratory relie...
2018.5.23 Demurrer 345
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.23
Excerpt: ...nsurance policy on his property, which was in effect on February 17, 2016, when high winds damaged a boat dock and some fencing. (Complaint, p. 1, line 26, through 28.) The insurance policy was issued by Liberty Mutual, Safeco Insurance Company, General Insurance Company, “and each of them.” (Complaint, page 2, lines 12‐13.) Plaintiff made a claim, which was unreasonably denied. (Complaint, page 2, lines 10 through page 4, line 12.) The den...
2018.5.23 Demurrer 105
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.23
Excerpt: ...th the claim‐presentation requirement is an element of the claim. A claim that fails to allege CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 05/23/18 ‐ 14 ‐ compliance fails to state a cause of action. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1236 The court may not consider the evidence attached to plaintiff's Opposition. On a demurrer, the court may only consider the face of the ple...
2018.5.21 Demurrer 536
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.5.21
Excerpt: ...sory estoppel; (3) negligent failure to fulfill promise; (4) breach of contract & interference with 3rd party beneficiary contract; (5) negligent misrepresentation in loan modification; (6) fraud; (7) violation of Bus. & Prof. Code § 17200 et seq.; (8) quiet title; and (9) declaratory relief. The Court also notes that Plaintiff's claim for (4) breach of contract & interference with 3rd party beneficiary contract is new in the SAC. This Court pre...
2018.5.18 Motion for Restitution 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ...edural context. (See Beach Break Equities, LLC v. Lowell (2016) 6 Cal.App.5th 847, 852‐54.) There is an exception to the general rule when the defendant has engaged in conduct the court finds “inequitable.” However, this is a narrow exception, and the Court finds that it is not applicable here. The Textron decision is the appellate decision most closely on point. (See, Textron Financial Corp. v. National Union Fire Ins. Co. (2004) 118 Cal.A...
2018.5.18 Demurrer, Motion to Strike 109
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ...ome detail how he proposes to amend and how that will cure the problems identified. Chevron shall file and serve its Answer to the TAC on or before June 1, 2018. Statute of Limitations A defendant may file a general demurrer to a complaint if the complaint shows on its face that it is barred by the statute of limitations. (See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232.) Chevron argues that the face of the pleadings and the matters of which the c...
2018.5.18 Demurrer 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ..., CALIFORNIA DEPARTMENT: 12 HEARING DATE: 05/18/18 ‐ 16 ‐ Defendant demurs to the Complaint pursuant to Civil Code § 430.10(e) on the following grounds: (1) Plaintiff's claims are time barred; (2) Plaintiff is not an appropriate class representative; (3) Plaintiff fails to allege a community of interest; and (4) Plaintiff fails to adequately allege facts supporting the predicate statutory violations of her 17200 claim. Defendant also demurs ...
2018.5.16 Demurrer, Motion to Compel Deposition 451
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.16
Excerpt: ...terpretation is not permitted by section 108. The Board's main argument in its demurrer is that Black Diamond has failed to exhaust its administrative remedies. In support of its argument it relies on the pending administrative proceeding between Black Diamond and the Board: In re Black Diamond Electric, Inc. (CSLB No. 2016‐232). The Board argues that Black Diamond must go through the administrative proceeding and then take a writ from the proc...
2018.5.16 Motion for Summary Judgment 875
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.16
Excerpt: ...hed. Plaintiff Dorothy Guillory is AmeriCare's president, but brings this action in her individual capacity. On or about October 15, 2004, the City of Richmond leased the property to AmeriCare for purposes of operating an adult‐care facility and “related services.” The Lease Agreement had an initial term of 5 years. But the parties dispute the renewal provisions. The City Council originally approved a lease for a 5‐year term, with the opt...
2018.5.16 Motion to Compel Arbitration 431
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.16
Excerpt: ... DEPARTMENT: 09 HEARING DATE: 05/16/18 ‐ 9 ‐ Plaintiff argues the arbitration agreement should not be enforced because it is unconscionable. A court must order arbitration at the request of a party if it determines that an agreement to arbitrate the controversy exists unless it determines, among other things, that grounds exist for revocation of the agreement. (CCP § 1281.2 (b).) One such ground is that the agreement is unconscionable. (See ...
2018.5.16 Motion to Strike 001
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.16
Excerpt: ... all causes of action are based on an underlying breach of a contract which is attached to the complaint. Defendant essentially argues that the allegations of the complaint are untrue, which of course does not constitute the basis for granting the motion (however styled). These arguments are matters to be presented at trial as evidence (or summary judgment motion), and the allegations of the complaint, however much the defendant disagrees with th...
2018.5.16 Petition for Alternative Writ of Mandate 065
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.16
Excerpt: ...ed. Relevant Factual and Procedural Background The following was taken from the Administrative Record provided by Petitioner. On April 30, 2017 Petitioner was arrested for being a minor under 21 years of age and containing a B.A.C. of over .01% in violation of the California Vehicle Code. Petitioner's license was suspended after her arrest under the law of administrative per se. Petitioner requested and was granted a hearing with the DMV on Septe...
2018.5.16 Petition to Compel Arbitration 600
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.5.16
Excerpt: ...t to go further and determine whether or not other reasons, such as unconscionability, adhesion, mistake, etc., would also be a basis for denial of the petition. ...
2018.5.14 Motion to Vacate Arbitration Award 607
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.5.14
Excerpt: ...ing there appears to be no meaningful difference between Terri and The Heath Company and therefore future references to Terri shall include The Heath Company. Plaintiffs Blair Heath Kenealy (“Blair”) and Holly Heath Fuller (“Holly”) filed a motion to vacate the arbitration award. The Heath Family Partners II, LP (the “Partnership”), has filed a petition to correct or vacate the arbitration award. The Partnership is not a party in this...
2018.5.14 Motion to Strike 006
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.5.14
Excerpt: ...ll file and serve his amended complaint by May 29, 2018. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 05/14/18 ‐ 22 ‐ The Court has reviewed Defendants' attorney's declaration and finds that it complies with Code of Civil Procedure §435.5. It is, however, disappointing that Plaintiff's attorney did not take the opportunity to meet and confer. Defendants seek to strike Plaintiff's attorney fees claim on page 3...
2018.5.14 Motion for Summary Judgment 786
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.5.14
Excerpt: ...d Negligence are barred by Ohio's applicable statute of repose (Ohio Revised Code 23.5.10), and the cause of action for Negligent Infliction of Emotional Distress is inappropriate and has no merit. (In the Opposition, Plaintiff concedes his cause of action for NIED is subsumed within the Negligence claim.) Standard of Review CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 05/14/18 ‐ 7 ‐ “The motion for summary ...
2018.5.14 Demurrer 246 (2)
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.5.14
Excerpt: ...ations; (3) unlawful and attempted foreclosure; (4) cancelation of recorded documents; (5) unfair business practices in violation of Bus. & Prof. Code § 17200, et seq.; (6) fraud; and (7) slander of title. Defendant demurrers pursuant to Code of Civil Procedure § 430.10(e) to each cause of action. Request for Judicial Notice Defendant requests Judicial Notice of several Contra Costa County Recorder Documents. This Request is unopposed. The Cour...
2018.5.14 Demurrer 246
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.5.14
Excerpt: ...es to the First Amended Complaint (“FAC”) filed by Plaintiff Ali Rezapour (“Plaintiff” or “Rezapour”). The FAC pleads causes of action for (1) declaratory judgment; (2) statutory violations; (3) unlawful and attempted foreclosure; (4) cancelation of recorded documents; (5) unfair business practices in violation of Bus. & Prof. Code § 17200, et seq.; (6) fraud; and (7) slander of title. Defendants demurrer pursuant to Code of Civil Pr...
2018.5.10 Petition to Compel Arbitration, Stay Proceedings 228
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.5.10
Excerpt: ... the Court has considered its contents. For reasons stated below, the Petition is denied. Relevant Factual And Procedural Background Plaintiffs are former employees of Defendants and on February 1, 2018, Plaintiffs filed their Complaint against Defendants alleging sixteen causes of action such as race and age discrimination, wrongful termination, and non‐payment of wages. Defendants contend that prior to commencement of their employment with De...
2018.5.10 OSC Re Peremptory Writ of Mandate 473
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.5.10
Excerpt: ...A COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/10/18 ‐ 24 ‐ Here, by verified petition and declarations, Petitioners allege a demand was made to inspect and copy the records of Respondent, The Sikh Center of the San Francisco Bay Area, “for a purpose reasonably related to such person's interest as members.” By way of letter in December 2017, Petitioners requested from Respondent Lally, in her capacity as presi...
2018.5.10 Motion to Tax Costs 493
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.5.10
Excerpt: ...been received and that the judgment is subject to amendment to add such costs once they have been approved by the court. This would occur by operation of law if no motion to tax costs was timely filed by Plaintiff or after order of the court following the hearing on a motion to tax costs. Here a motion to tax costs was timely filed. Defendant prematurely filed his memorandum of costs prior to service of the notice of entry of judgment. Plaintiff ...
2018.5.10 Motion to Strike 163
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.5.10
Excerpt: ...‐ Punitive damages are available when a defendant acts with “oppression, fraud or malice” when breaching an obligation owed to a plaintiff. See Civil Code Section 3294(a). Malice includes “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights and safety of others.” See Civil Code Section 3294(c)(1). Oppression is defined as “despicable conduct that subjects a person to cruel and u...
2018.5.10 Motion to Quash Service of Summons 328
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.5.10
Excerpt: ...ch 27, 2018 and the hearing was set for May 10, 2018. Defendant has represented in his reply that the court clerk set the hearing date for this motion, which is the common practices of our court clerks. In addition, even if Defendant had requested the May 10, 2018 date the Court can still decide the merits of the motion. (See Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1296.) Plaintiff has sued “Defendant, JASON KRISTAL, c/o REDWO...

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