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2018.4.16 Motion to Vacate Entry of Dismissal 137
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ...ismissal was not in fact caused by the attorney's mistake, inadvertence, surprise or neglect.” In this instance, counsel fails to set forth any basis upon which, had he appeared at the hearing, a further extension of the deadline for service of a complaint filed January 9, 2017, would have been granted, given that a previous extension had been allowed. Plaintiff may appear (by telephone through Court Call) to address this issue ...
2018.4.16 Motion to Compel Responses 297
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ... motion could have been filed at that time), it did respond (about a month late), and the parties engaged in some meet and confer efforts, which resulted in supplemental responses. While Sentinel may consider the responses to be wholly inadequate, especially given the provision in the statute that objections are waived by a failure to respond in a timely manner, the local rule exempts from the Discovery Facilitator Program only those circumstance...
2018.4.16 Motion to Compel Production of Docs 246
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ...ce. Given that, whether counsel for Bank of America's statement with respect to receiving the subpoena by mail is hearsay is immaterial. Second, Bank of America's contention that plaintiff has no cause of action, and specifically that whether Ms. Smith had authority to sign the documents is legally immaterial is not properly raised as an objection to discovery. The cases relied on by Bank of America concern circumstances where the court itself de...
2018.4.16 Motion for Terminating Sanctions 396
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ...p.4th 566, 604.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/16/18 ‐ 3 ‐ In this instance, Mr. Luria has not complied with the Court's January 9, 2018, order, either by submitting code‐complaint responses or paying the sanction award. (The Court notes that while Mr. Luria stated that he no longer has possession or control of certain documents, that statement, by itself is not sufficient. Code of Civil Pr...
2018.4.16 Motion for Leave to File Complaint 096
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ...s plaintiff wishes to plead have been known all along, so there is no prejudice. Prejudice requires more than the additional costs of defending against new facts and theories. (See Zellerino v. Brown (1991) 235 Cal.App.3d 1097, 1109 (Prejudice does not mean a result which is unfavorable, it means a result which is unfair); Gonzales v. Brennan (1965) 238 Cal.App.2d 69, 75 (“To be sure without the amendment he might have won his lawsuit; with it,...
2018.4.16 Demurrer 196
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ...ssal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiffs' counsel for approval as to form. The basis for the Court's ruling is as follows. A. Request for Judicial Notice. Defendant seeks judicial notice of the recorded deed of trust and assignment of deed of trust. This unopposed request is granted. (See, Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752‐761.) B. Individual Cau...
2018.4.16 Motion to Expunge Lis Pendens 201
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.4.16
Excerpt: ...idable.” (Complaint, Par. 11.) The sole named defendant in the action is Alvernaz Partners, LLC, which purchased the property at the trustee's sale, but against whom plaintiff alleges no wrongful conduct. Plaintiff recorded a lis pendens. Alvernaz moves to expunge the lis pendens on the grounds that (1) it is invalid because plaintiff did not serve it on Alvernaz; and (2) plaintiff cannot show a probability of prevailing on the merits of the ac...
2018.4.13 Motion to Compel Deposition 005
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ... position to be able to do. Parish is no longer an employee of defendant District. Moreover, although defendant is understandably reticent concerning the circumstances as to the termination of Parish's employment, it is not difficult to infer (from the administrative leave that preceded the termination) that Parish may have left the District on less than friendly terms. Plaintiffs make no effort to explain how the District is supposed to be able ...
2018.4.13 Demurrer 919
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ... of several county recorder documents. This request is unopposed. The request is granted. Evid. Code §§ 452, 453. Setting Aside the Foreclosure Sale “A properly conducted nonjudicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender.” Moeller v. Lien (1994) 25 Cal.App.4th 822, 831. “As a general rule, a trustee's sale is complete upon acceptance of the final bid.” Nguyen v. Calhoun (2003) 105 Cal...
2018.4.13 Motion for Summary Judgment 332
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...rnal failure. Defendant Sears Roebuck and Co. distributed the freezer and obtained it from defendant Midea. CSAA brings causes of action against Midea for strict liability, negligence, and breach of warranty. Midea moves for summary judgment on the basis that no evidence shows that a defect in the freezer in fact caused the fire. It also seeks to dispose of the breach of warranty claim based upon a lack of privity between it and CSAA's insured, M...
2018.4.13 Motion for Turnover of Undertaking 000
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...e BHGRE's present claim. Plaintiff Wells Fargo obtained a default judgment in this case against defendant Mason‐McDuffie in the amount of $54,420.68. Wells Fargo seeks to collect that judgment by levying on MasonMcDuffie's bank account at Union Bank. BHGRE, however, asserts in this motion that it has a superior right to the funds. It points out that nearly all the funds in the account come from an insurer's refund to Mason‐McDuffie of an over...
2018.4.13 Motion to Compel Further Responses and Docs 822
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...�employee) to engage defendant Rana as a broker to negotiate the Thekkeks' purchase of a 49% interest in Corona from the Ferrers. Having discussed the deal with the Ferrers, Rana engaged his long‐time attorney Sandbank to draft the deal documents. Then in 2014, Singh and Rana negotiated to buy the Thekkeks' interest in Corona. Again Rana arranged for Sandbank to draft the deal documents. The gist of the present lawsuit is the Thekkeks' allegati...
2018.4.13 Motion to Dismiss 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...hich relief may be granted” is a procedural label used in federal court, not California court. The state‐court equivalents are a demurrer, or a motion for judgment on the pleadings (MJOP). (See Code of Civil Procedure §§430.10, 438.) Because defendant has filed a document captioned “Answer” (about which more shortly), the Court treats this as an MJOP. Second: The miscaptioning of defendant's motion is of little consequence to the outcom...
2018.4.13 Motion to Vacate Judgment 629
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...t 1:10 with Motion to Vacate filed 2/2/18 at 1:15.) Neither of these, however, is supported by any evidence or testimony under oath. A plaintiff seeking to vacate a default judgment on grounds such as these has both statutory and non‐statutory remedies. The former include remedies under Code of Civil Procedure §§ 473(b),(d) and 473.5. The nonstatutory remedy includes a suit in equity or a motion based on a claim of extrinsic fraud or mistake....
2018.4.13 Petition to Compel Arbitration, Stay Proceedings 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.13
Excerpt: ...gh May, 2017 when her position was eliminated. She brings six claims related to her termination: 1) disability discrimination; 2) failure to accommodate a disability; 3) failure to engage in the good faith interactive process; 4) retaliation; 5) failure to pay wages due upon termination; and 6) wrongful termination. At the time of her hiring, plaintiff executed a document entitled the “Working Agreement” (Agreement). This 11‐page document i...
2018.4.12 OSC Re Preliminary Injunction 518
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ...t, rule 3.1110, subd. (f); Local 3.42, subd. (3).) Plaintiffs' attorneys, who practice in the law firm CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/12/18 ‐ 13 ‐ JT Legal Group, APC, are hereby admonished that future failures to tab exhibits in this or other cases may result in an award of monetary sanctions, the disregard of non‐conforming documents, or both. 1. Irreparable Harm. In February 2018, defenda...
2018.4.12 Motion to Expunge Lis Pendens 098
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ...stee's sale, and the Ninth Cause of Action, for quiet title. These causes of action lack merit because plaintiff has failed to allege a tender of the sums due under the subject note and deed of trust, and has failed to allege facts showing a valid exception to the rule requiring CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/12/18 ‐ 12 ‐ tender. (See, Nguyen v. Calhoun (2003) 105 Cal.App.4th 428, 439 [the ten...
2018.4.12 Motion for Summary Judgment 683
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ...er Decl., ¶ 21 a, b, d, e, f; Pltf's Ex. 10, p. 151.) Telecare argues it is entitled to summary judgment for three reasons: (1) plaintiff's action against it is barred by the statute of limitations; (2) plaintiff cannot establish it was negligent; and (3) plaintiff cannot establish that any negligence by Telecare caused her injuries. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/12/18 ‐ 4 ‐ 1. Statute of li...
2018.4.12 Motion for Leave to File Complaint 548
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ... may “deny leave when the proposed amendment or amended pleading is insufficient to state a cause of action or defense.” (Congleton v. Nat'l Union Fire Ins. Co. (1987) 189 Cal.App.3d 51, 62.) The Court notes a trial date of July 16, 2018, continued upon stipulation of the parties from November 22, 2017. While this motion for leave to amend is not brought on the “eve” of trial, discovery has been closed. The City also has a pending mot...
2018.4.12 Motion for Leave to File Complaint 158
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ...est the granting of Plaintiffs' motion then that party should follow the normal rules for contesting a tentative ruling. Although not raised by the parties, the Court notes that the moving party on this motion failed to comply with all the requirements in California Rules of Court, Rule 3.1324. The parties should comply with this rule, as well as all Rules of Court, at all times. There is “a policy of great liberality in permitting amendments t...
2018.4.12 Motion for Leave to File Complaint 108
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ...e of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a crosscomplaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint...
2018.4.12 Motion for Class Certification 486
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.12
Excerpt: ...s facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Rule 2.550(d). In addition, the mot...
2018.4.12 Motion for Attorney Fees 426
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.12
Excerpt: ...'s motion for attorney fees for the special motion to strike filed against the Original Complaint; (2) 7 Stars Holistic Foundation, Inc. and Zeaad Handoush's motion for attorney fees for both its special motions to strike; (3) Antwon Cloird's motion for attorney fees for the special motion to strike the Original Complaint and (4) Richmond Patient's Group, William Koziol, Darrin Parle, Alexis Parle, and Cesar Zepeda's motion for attorney fees for ...
2018.4.12 Demurrer 168
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.4.12
Excerpt: ...murrer. The Demurrer is opposed (filed as an “Answer” to Defendant's Demurrer) by plaintiffs, in pro per, Greg and Ramona Mayon (collectively “Plaintiffs”). Defendant replied. For the reasons stated below, Defendant's Demurrer is overruled. Defendant shall file an answer on or before April 27, 2018. Brief Factual and Procedural Background Defendant is the landlord and owner of the mobilehome park where Plaintiffs reside. Generally, Plaint...
2018.4.11 OSC Re Preliminary Injunction 581
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.4.11
Excerpt: ...re enjoined and restrained from the following acts, during the pendency of this lawsuit: (1) from selling, transferring, encumbering, conveying or otherwise disposing of any assets of New U Life; (2) from dissolving New U Life, and (3) from using any other entity, such as Strike First Nutrition, to sell New U Life's HGH Gel and testosterone related products. (4) Defendants shall keep and maintain complete and accurate books and records of account...

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