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2018.3.23 Motion to Stay Case 903
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ior briefing order. The statements to which Fry's makes “objections” are arguments and characterizations of the state of the record, not evidence. Fry's is thus trying to sneak in a reply brief, not called for in the Court's order, by relabeling it as “objections.” In any event, the objections, such as they are, go to the weight the Court should give to the material presented by the March 19 Response, rather than its admissibility. On tha...
2018.3.23 Motion to Compel Arbitration 960
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...tration Code of Civil Procedure § 1281.2 creates a summary proceeding for resolving petitions to compel arbitration. “A petition to compel arbitration ‘is in essence a suit in equity to compel specific performance of a contract.'” Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 (internal citation omitted). In these summary proceedings the trial court sits as a trier of fact, weighing all the affidavits, declarat...
2018.3.23 Demurrer, Motion for Sanctions 642
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...Plaintiff Manh Singh Khalsa is a Sikh man. On September 25, 2016, while driving home, he encountered defendants Chase Little, Colton LeBlanc, Dustin Albarado and Doe 26 at a red light at an intersection in Richmond. Little threw a beer can at plaintiff, and the others yelled at him. The cars proceeded beyond the intersection. At another red light, Little, LeBlanc, and Albarado exited their vehicle and punched at plaintiff through his open window....
2018.3.23 Demurrer 362
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ered to meet and confer in person or by telephone, as required by Code of Civil Procedure § 430.41 (a). Meeting and conferring by letter, as occurred here, is not sufficient. Plaintiffs' Opposition to this motion was filed late. It was required to be served and filed on or before March 12, 2018. It was personally delivered on March 13, 2018. It was not filed until March 14, 2018. In its discretion, the court considers the late‐filed Opposition...
2018.3.23 Demurrer 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...1985) 167 Cal. App. 3d 544, 549; CRC 3.1300 (d).) The central issue in this case is who had the responsibility for verifying that plaintiff was well enough to under surgery by requesting that there be a metabolic panel test, ensuring it was done before permitting the surgery to proceed, and ensuring that the appropriate persons were provided the results for review. Plaintiff alleges that before the July 18, 2017 deposition of his CONTRA COSTA SUP...
2018.3.23 Application for Writ of Attachment 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ing date, they may simply notify the Court of that intention and provide a stipulation in due course. The parties have stipulated to continue all hearings to April 13, in order to accommodate a serious personal situation for defendants' counsel. However, the Court also wishes to receive supplemental briefing on selected issues, as discussed below, and the proposed April 13 date would likely not provide enough time for the parties to prepare such ...
2018.3.23 Motion to Dismiss 880
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...s, she finally tendered a request for publication in March 2017, which was however rejected for lack of any supporting paperwork such as a showing of diligence. In June 2017 her renewed request to serve by publication was rejected with a direction that she check criminal dockets for relevant cases (because this case arises out of an alleged DUI accident). Plaintiff apparently misread this rejection as an approval, and proceeded to publish during ...
2018.3.22 Motion for Summary Judgment 876
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ... per se. The Court understands this to mean that Plaintiff dismisses the fourth cause of action as that cause of action appears to based solely on a negligence per se argument. Without the fourth cause of action, the Antioch Defendant is only sued in cause of action three. Therefore, this Court must decide whether summary judgment is appropriate based solely on cause of action three. Defendant argues that the assumption of risk defense applies. A...
2018.3.22 Motion for Summary Judgment 138
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ...nd obvious. Dangerous Condition To prevail on her dangerous condition cause of action, Government Code § 835, the relevant jury instruction, and prevailing authority require Grilho to prove each of the following: 1. That BART owned or controlled the property; 2. That the property was in a dangerous condition at the time of the incident; 3. That the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred; 4. ...
2018.3.22 Demurrer 053
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ...on 430.10, subdivision (f), and the complaint fails to plead the facts with particularity as required in causes of action involving fraud. Pleading Standard for Fraud Actions Fraud actions are subject to a stricter pleading standard and allegations of fraud must be pleaded with particularity. (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 216.) (disapproved on other grounds.) The legal conclusion of �...
2018.3.22 Motion to Enforce Settlement, Request for Sanctions 113
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ... per se. The Court understands this to mean that Plaintiff dismisses the fourth cause of action as that cause of action appears to based solely on a negligence per se argument. Without the fourth cause of action, the Antioch Defendant is only sued in cause of action three. Therefore, this Court must decide whether summary judgment is appropriate based solely on cause of action three. Defendant argues that the assumption of risk defense applies. A...
2018.3.22 Motion to Strike 484
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ...int which allege that defendants have been sued repeatedly for elder abuse caused by understaffing and lack of staff training, have received repeated Statements of Deficiencies from the California Department of Public Health (the “Department”) regarding similar concerns, and have been repeatedly cited by the Department regarding similar concerns. To obtain enhanced remedies in an elder abuse action, the plaintiff must prove a pattern of reckl...
2018.3.22 OSC Re Preliminary Injunction 054
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ....12; (4) negligence; and (5) violation of Cal. Bus. & Prof. Code § 17200. On January 23, 2018, Plaintiff filed an Ex Parte Application for Temporary Restraining Order. The Court heard the Ex Parte Application, granted the TRO, and entered an Order to Show Cause to show why a preliminary injunction should not be granted, enjoining the Trustee's Sale of the Subject Property. The OSC was originally set for February 22, 2018. The parties stipulated ...
2018.3.21 OSC Re Preliminary Injunction 321
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.21
Excerpt: ...atus quo until a judgment is entered. See Lenard v. Edmonds (1957) 151 Cal.App.2d 764, 769. In determining whether to issue a preliminary injunction, a court considers two factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a prel...
2018.3.21 Demurrer, OSC Re Preliminary Injunction 527
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.21
Excerpt: ... shall state that it is also in favor of co‐defendant BDFTW, whose declaration of non‐monetary status was not timely contested. (Civ. Code, § 2924l, subd. (c).) The basis for this ruling is as follows. RJNs. Defendant Wells Fargo's requests for judicial notice are granted. (See, Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752‐761.) 1st, 2nd, and 3rd C/As. Plaintiffs have failed to allege a “material” violation of the...
2018.3.21 Demurrer 141
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.21
Excerpt: ...nt a government claim asserting facts that support a negligent hiring, training, and supervision cause of action; 2) uncertainty; and 3) failure to allege facts establishing a cause of action. (Notice at p. 3.) However, Defendants withdrew their government claim argument because defense counsel inadvertently failed to file the requests for judicial notice and exhibits that would have provided the factual basis for such an argument. (Reply at pp. ...
2018.3.19 Motion to Strike 836
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.19
Excerpt: ...f leave to amend. Its order further stated that any amended complaint “shall be filed and served on or before December 29, 2017.” (See Ex. A to Wagster Decl.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/19/18 ‐ 3 ‐ Plaintiff filed his First Amended Complaint on December 29, 2017, but failed to serve it on the two moving defendants by December 29, 2017. Plaintiff did not serve it on these defendants unt...
2018.3.19 Motion to Set Aside Entry of Default 827
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.19
Excerpt: ... relevant time, Romdhane was negotiating with State Farm, who advised him that while it represented Bravos, it could not accept service on his behalf. State Farm specifically requested that it be notified when the cross‐complaint was served, or before seeking entry of a default. Eventually, Romdhane obtained an order permitting service by publication. On October 13, 2017, however, Romdhane managed to personally serve Bravos, according to a proo...
2018.3.19 Motion to Compel Further Responses 476
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.19
Excerpt: ...ty. The underlying claim arises from a prior case, in which James and Christine Dean sued Abacus Financial Group. At one point during that matter, Ms. Hinchman allegedly signed a declaration drafted by the Dean's counsel, Zelis. Amado claims that this violated various duties toward him and Abacus Financial. He issued subpoenas to Christine Dean and Zelis seeking information concerning the declaration, and the draft declaration itself. The matter ...
2018.3.2 Motion to Strike 939
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... outset, plaintiff argues that defendant failed to meet and confer as required by Code of Civil Procedure § 433.5(a)(2). This motion, however, was filed before that section came into effect. Moreover, defendant's counsel recounts that she offered to discuss the issues in the motion to strike after the fact. This is a medical malpractice action. Much of the verified complaint is taken up in alleging the history of defendant's treatment, not of pl...
2018.3.2 Motion to Stay Case 903
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... recounts the procedural history of this case and Waraich, to the extent relevant to the disposition of this motion. This case was filed in May 2015. In September 2015 the Court (Judge Spanos) denied the petition to compel arbitration brought by Fry's. Fry's appealed that ruling, and it was affirmed by the First District Court of Appeal. The remittitur was issued on January 19, 2018. The instant motion followed on January 31, 2018. Waraich was a ...
2018.3.2 Motion for Recovery of Costs 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...ific, the building owner, and Schindler, the company contracted to maintain the elevator at the time of the accident (and now). Sierra Pacific and Schindler in turn cross‐complained against Otis, the company that performed a modernization of the elevator in 2005‐06 and then held the maintenance contract until late 2012. A threecornered jury trial resulted in a substantial recovery for Zapotoczny as against both Sierra Pacific and Schindler, e...
2018.3.2 Motion for Leave to File Complaint, for Summary Adjudication 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... want to heed the Court's comments on the need for her to decide what her case really is (see line 1). 9. TIME: 9:00 CASE#: MSC17‐00140 CASE NAME: MARY STORELLI VS. ROSE SATORI HEARING ON MOTION FOR SUMMARY ADJUDICATION FILED BY ROSE SATORI * TENTATIVE RULING: * Defendant's motion for summary adjudication is denied. The motion would not dispose of an entire cause of action, but only one branch of a cause of action. It is therefore impermissible...
2018.3.2 Motion for Attorney Fees 542
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...ntained provisions for plaintiff to collect attorney fees incurred in enforcing the notes. As plaintiff acknowledges, these are the kind of fee clauses rendered bilateral under § 1717. Plaintiff argues that that statute does not apply here (at least not fully), because some of its pleaded causes of action were on purportedly non‐contractual theories such as open book, misrepresentation, and estoppel. At base, however, all of plaintiff's pleade...
2018.3.2 Demurrer 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...gn the 1999 deed, or that she did not. Defendant's effort to knock out plaintiff's duress theory is being rejected today for procedural reasons (line 9). But the briefing on that motion is nevertheless revealing: Facing a limitations attack on her claim of having been coerced into signing a deed 19 years ago, plaintiff seeks to rescue that claim from limitations by giving it away substantively – attesting that she actually didn't sign the deed ...

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