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2023.03.20 Motion to Compel Arbitration 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...ance appraisal proceeding. The parties previously went through this process and it resulted in an award. Defendant paid Plaintiffs the full amount of their insurance limits in response to the award. However, this Court vacated the award on July 20, 2022, concluding in part that the appraisal panel's decision to include Covid-related costs in the appraisal award was beyond the appraisal panel's jurisdiction. Now, Plaintiffs seek to engage in the a...
2023.03.20 Motion for Summary Adjudication 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...law. Background Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at the property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the Revocable Trust that owns the adjacent property located at 176 Riverside Drive in Bay Point. 80th properties had a downward slope in the backyard. Defendants' predecessor filled the slope and added a patio. To support the fill, Defendants' pr...
2023.03.20 Motion for New Trial 230
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...m to the Plaintiff Plaintiff requests the Court grant him a new trial on the follow-ng grounds: (1) insufficiency of evidence; and (2) error in law by allowing Dr. Hoddick to testify. Analysis A. Suffciency of the Evidence "A new trial shall not be granted upon the ground of insufficiency of the evidence to justify a verdict ... unless after weighing the evidence the court is convinced from the entre record, including reasonable inferences theref...
2023.03.20 Motion for Leave to File SAC 770
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...reopened as to new claims and parties. Discovery is not reopened as between Plaintiff and Defendant Etenne. The April 18, 2023 trial, April 17, 2023 issue conference, and April 12, 2023 settlement conference dates are hereby vacated. The Court sets a Case Management Conference for the case to be at issue on August 8, 2023, at 8:30. Background Plaintiff Prosperre Berreth filed this quiet title action against Defendant Lindsay Etienne on April 19, ...
2023.03.20 Motion for Judgment on the Pleadings 769
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... the defect discussed herein. Any amended pleading shall be filed and served on or before June 20, 2023. Background Dobbs filed his cross-complaint against Rusco on September 30, 2022. (See Rusco's Request for Judicial Notice, Exhibit 1.) The cross-complaint was filed using the judicial council's form complaint for a breach of contract. The caption names as plaintiff, "MICHAEL DOBBS, individually and dba ARCLIGHT CORPORATION." The pleading states...
2023.03.20 Motion for Interlocutory Judgment of Partition by Sale 496
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...Defendant Rashaan Whisenton are joint-tenant owners of the single-family residence located at 128 Regency Drive in Clayton, CA. On or about June 11, 2020 Ms. Strenchock and Defendant purchased the Subject Property for $817,000.00. At the time of the purchase, Plaintiff and Defendant were in a relationship, but not married. On June 11, 2020, a grant deed transferring the Subject Property from third parties to "Rashaan Whisenton, an unmarried man a...
2023.03.20 Motion for Summary Judgment 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...s as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/20/2023 15 A. Citations to Evidence. The Court's revised rulings on the parties' evidentiary objections are set forth at the end of this tentative ruling below. The Court has overruled all of plaintiffs' evidentiary objections, and has sustained some but not all of the District's evidentiary objections. Where...
2023.03.16 Motion for Approval of PAGA Settlement 413
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...A case (not a class action), alleging a variety of violations of the Labor Cuie concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for work outside paid SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 10 time, and violations as t...
2023.03.16 Demurrer to FAC 081
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.16
Excerpt: ...e is granted. The City's demurrer is overruled. The City shall file an answer on or before April 5, 2023. The basis for this ruling is as follows. A. The First and Second Causes of Acton (Breach of Contract). The First Cause of Action seeks damages for breach of contract. The Second Cause of Action seeks damages for breach of the implied covenant of faith and fair dealing. Defendant City demurs to these causes of action on the ground that plainti...
2023.03.16 Demurrer, Motion to Strike 668
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.16
Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/15/2023 9 follows: (a) demurrers to 1st C/A - overruled; (b) general demurrer to the 2nd C/A - sustained, with leave to amend; and (c) demurrers to the third cause of action — overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the Personal Representatives, Surviving Heirs and/or Successors in Interest of" Dorothy Marshall, the decedent, "and/or as Admin...
2023.03.16 Motion for Preliminary Approval of Class Action Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...e science research and clinical SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 6 diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 as a class achon. The class claims were dismissed pursuant to an unopposed motion based on an arbitration agreement and class action waiver, but PAGA claims...
2023.03.16 Motion for Preliminary Approval of Class and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ... bus driver. The original complaint was filed on April 24, 2019 as a class action. PAGA claims were added by amendment shortly thereafter. The first amended complaint is the operative pleading. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-third of the settlement). Litigation costs would not exceed $12,000. The settlement ad...
2023.03.16 Motion for Summary Adjudication 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.16
Excerpt: ... met her burden and summary adjudication is denied on the merits. Plaintiff moves for summary adjudication of affirmative defenses two through nineteen in Defendants DeLeon's and Mardel Realty's answer to the fourth amended complaint. "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he caus...
2023.03.15 Motion for Summary Adjudication 645
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.15
Excerpt: ...d assault; (2) intentional infliction of emotional distress; (3) emotional distress; (4) breach of fiduciary duty; (5) punitive damages. Defendant Jacqulyn Sheppard filed an Answer on March 7, 2022. On June 27, 2022, Plaintiffs filed a motion for summary judgment. The caption for the motion indicated the hearing date was September 26, 2022. On that date, Plaintiffs were informed that the motion was not put on the Court's calendar as it lacked the...
2023.03.15 Demurrer to SAC 391
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.15
Excerpt: ...fore March 30, 2023. The basis for this ruling is as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 03/15/2023 5 A. The First cause of Acton. The First cause of Acton is for declaratory relief. The Court overrules defendant's demurrer because plaintiffs have adequately alleged an actual controversy over how the subject leases should be interpreted....
2023.03.13 Petition for Relief from Government Code 180
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.13
Excerpt: ...Brief Factual and Procedural Background Respondent alleges that on October 7, 2020 he went to the Pittsburg Dermatology Clinic, because he was suffering from a loss of pigment on his face. (Inital Petition at Exhibit 1 ["Troy King's Complaint Attachment"] at p.l.) Christina Berger, NP noted that the discoloration could be from the straps of the CPAP machine petitioner was using. (ld.) On March 22, 2021 Petitioner sent a message to Dr. Jamal Julia...
2023.03.13 Demurrer to FAC 092
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ...aith and Fair Dealing; (5) Fraudulent Misrepresentation; (6) Negligent Misrepresentation; (7) Quantum Meruit; (8) unjust Enrichment; SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 5 (9) Retaliation in violation of Labor Code 1102.5; (10) Wrongful Constructive Termination in violation of Public Policy; and (11) Defamation. Defendants demur to the FAC in its...
2023.03.13 Demurrer 906
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ...l suit to enforce a judgment obtained in British Columbia, Canada against Defendant Andrea Burbank. Burbank now resides in Contra Costa County. Defendant filed a cross- complaint to declare the Canadian judgment unenforceable. Demurrer Pursuant to California Code of Civil Procedure SS 430.20, 430.30 and 430.60, Defendant/cross-complainant Andrea Burbank demurs to the Answer to Cross-complaint on the ground the Affirmation Defenses set forth in th...
2023.03.13 Demurrer 777
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.13
Excerpt: ... action on August 24, 2022. Plaintiff alleges three causes of action for violation of the California Fair Employment and Housing Act: wrongful termination, hostile work environment harassment, and failure to prevent harassment. Plaintiff alleges he was employed by The Albatross Restaurant, owned by Defendant Mehrasa Bagheri, as a server. Plaintiff alleges that Defendant terminated his employment because he is gay. Plaintiff alleges Defendant fail...
2023.03.13 Demurrer 106
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ... unnecessary. The Court can review the file in this matter, including the Complaint, without need for judicial notice. Defendants' demurrer is overruled. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 14 Standard for Demurrer "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. ...
2023.03.09 Application for Leave to File SAC 901
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...before it an unrebutted factual showing by defendant which, if true, demonstrated to the Court's satisfaction that the proposed substitute plaintiff Norma Chayrez could not assert the claims at issue in the case, could not be an adequate class representative, and did not present a timely PAGA claim. As the Court summarized in that tentative ruling: [Chayrez] in fact worked at defendant only two days, in February 2020. During that time she did not...
2023.03.09 Demurrer 630
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...to strike is granted. Plaintiffs have leave to amend. Any amended complaint shall be filed and served on or before March 20, 2023. If plaintiffs opt not to amend, the defendants' time to answer will run from that date. Background Plaintiffs are tenants who have brought suit against their landlord, alleging that their landlord has neglected to repair defects in their apartment, leading to habitability issues, and that the landlord has engaged in h...
2023.03.09 Demurrer 918
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...IAL OFFICER: CLARE MAIER HEARING DATE: 03/09/2023 (1) Breach of Partnership Agreement; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Intentional Infliction of Emotional Distress. The first two causes of action are alleged against CrossDefendant Companion Comfort Care, LLC ("Defendant CCC"), while the third cause of achon is alleged against Cross- Defendant Saadat. Cross-Defendants demurrer to the second and third cause of action ...
2023.03.09 Demurrer to FAC 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...ons and for retaliation for asserting rights as tenants. The demurrer is and sustained with leave to amend as to the Eleventh cause of action. It is otherwise overruled. Plaintiffs shall have 30 days from the date of this order in which to amend. Defendants shall have 30 days from service of the amended complaint, or from expiration of Plaintiffs' time to amend, in which to respond. Background/procedural History On September 1, 2021, plaintiff Sa...
2023.03.09 Motion for Preliminary Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...tlement would create a gross settlement fund of $390,000. The class representative payment to the plaintiffs would be $7,500. Attorney's fees would be $130,000 (one- third of the settlement). Litigation costs would not exceed $12,500. The settlement administrator's costs are estimated at $7,000. PAGA penalties would be $40,000, resulting in a payment of $30,000 to the LWDA. The net amount paid directly to the class members would be about $185,000...
2023.03.09 Motion to Apply Texas Tort Law 322
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ... comply with rule 3.1116 of the California Rules of Court in future law and motion proceedings. Plaintiffs' Evidence. The bulk of plaintiffs' opposition evidence is of little value to the Court in deciding this motion. For example, plaintiffs' counsel attaches "Material safety data sheet[sl" and a related piece of correspondence as Exhibits 1-7 and 24, with no explanation of the nature or significance of these documents. Equally unhelpful are the...
2023.03.09 Motion to Compel Arbitration 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...t. Parties are ordered to submit plaintiff's individual PAGA claims to arbitration and this proceeding is otherwise stayed, pending the outcome of arbitration. (Code of Civil Procedure S 1281.4.) The Court notes that this is a PAGA-only action. The same plaintiff filed a parallel class action in this Court asserting substantively similar claims. That case was removed to federal court. Defendant filed a parallel moton in the federal case to compel...
2023.03.09 Special Motions to Strike, Demurrers 880
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...dez does not specify the basis for his demurrer beyond citing to Code of Civil Procedure section 430.10. based on the context, however, the Court concludes that the demurrer is based on section 430.10(e), which is that the "pleading does not state facts sufficient to constitute a cause of action." In the Defamation claim, Bay Area Car Rental alleges that Hernandez made statements in a report, comments in social media and Yelp.com. (FACC 64, 65 69...
2023.03.09 Motion for Summary Judgment 984
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...he suffered injuries falling off a wheel tractor-scraper, Model No. 637G, manufactured by Caterpillar (the "Scraper"). Plaintiffs complaint alleges a first cause of action for negligence and a second cause of achon for strict liability. Caterpillar moves for summary judgment on the complaint, or alternatively, for summary adjudication of each of the two causes of acton. Caterpillar filed a Separate Statement of Undisputed Material Facts ("Def. SS...
2023.03.06 Demurrer to FAC, Motion to Strike 100
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...A COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/06/2023 23 is granted with leave to amend. Plaintiff shall have 30 days from the date of this order in which to amend her complaint. Defendant Nguyen-Traxler shall have 30 days from service of the amended complaint in which to respond. Allegations of the First Amended Complaint This case arises out of injuries allegedly suffered by Dwayne Rideau ("dece...
2023.03.06 Application for Right to Attach Order 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.06
Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transaction for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendan...
2023.03.06 Demurrer to FAC 583
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...relief; (5) promissory estoppel; and (6) intentional interference with contract (Leal individually). Defendant demurs to Plaintiff's causes of action for (1) breach of contract, (5) promissory estoppel, and (6) intentional interference with contract pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant req...
2023.03.06 Demurrer to FAC 745
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...LAS HEARING DATE: 03/06/2023 5 to stay this matter. Relevant to this second demurrer, Plaintiff Anthony Astone (“Plaintiff”) entered into a purchase and sale agreement (“Agreement”) for real property located in Cabo San Lucas, Mexico (“Property”). The Agreement stated that Defendant Global Mortgage Group, LLC d/b/a/ MoXi would handle the closing of the transaction. On or about April 12, 2022 Plaintiff received emails that included wir...
2023.03.06 Demurrer 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...whether all of the causes of action as to which the demurrer has been sustained are genuinely necessary for cross-complainant to obtain complete relief. The basis for this ruling is as follows. 2 nd C/A. The Second Cause of Action is for breach of the implied covenant of good faith and fair dealing. The Court overrules cross-defendant's demurrer to this cause of action, for two reasons. First, case law recognizes that there is an implied contract...
2023.03.06 Demurrers to TAC, Motion to Strike 810
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.06
Excerpt: ...l demurrers by PSG are overruled, unless otherwise stated below as not addressed by the Court based on the rulings on the general demurrers. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/06/2023 11 General Factual Background The 3AC filed by Plaintiff Janice Alamillo ("Janice") alleges 26 causes of action against approximately 25 defendants. The defendants include Pla...
2023.03.06 Motion for Judgment on the Pleadings 125
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...at the FAC only alleges a single cause of action as to Defendant Monsanto, she purports to move for judgment on the pleadings as to the whole complaint. (Notice at ¶1.) Notably, the Notice does not indicate that Defendant Monsanto is moving as to the single cause of action to which she is a party. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Bur...
2023.03.06 Motion for New Trial 130
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...and (6) (insufficiency of the evidence to justify the verdict). (The notice of motion included two other grounds, but those were not briefed in the moving memorandum.) Plaintiffs' main argument is that they were unaware that the City's Planning and Building Director Greg Wolff stated the following in 2019: “I have found nothing in the minutes of the Planning Commission's proceedings, the approving resolution or conditions of approval that state...
2023.03.06 Motion for Reconsideration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...rth, the Court grants the motion for reconsideration. Having reconsidered its November 28, 2022 Order, the Court orders that: (a) the Court's November 28, 2022 is modified, as stated herein; (b) all claims subject to Plaintiff's First Amended Complaint are ordered to arbitration, subject to the arbitrator's determination of whether the "representative" PAGA claims are within the scope of arbitration under the parties' arbitration agreement; and (...
2023.03.06 Motion for Relief from Stay Pending Arbitration 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...ngle cause of action (with 18 subparts) against all Defendants, namely violation of standards for residential construction in violation of Civil Code §§ 896 and 897. On February 22, 2022, Plaintiffs filed their Complaint for Damages (“Complaint”) against Defendants Mayari Development, LLC (“Mayari”), Henry Ortiz, Jr., Margarita Veronica Blanco, as an individual and trustee of the Margarita Veronica Blanco- Ortiz Trust (“Ms. Blanco”)...
2023.03.02 Special Motion to Strike for Slander 598
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...(King v. Huang), Defendant sued Plaintiff for various claims related to Defendant's tenancy. Defendant filed a first amended complaint on January 12, 2022. Defendant filed and recorded a lis pendens on the property where Defendant had been a tenant on March 15, 2022. The FAC has the following causes of action: (1) breach of contract, (2) breach of the covenant of quiet enjoyment, (3) intentional infliction of emotional distress, (4) negligence, (...
2023.03.02 Motion to Stay 548
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...ors, including its former Chief Executive Officer, Sam Bankman-Fried, are the subject of numerous pending civil actions, bankruptcy proceedings, and criminal investigations. Bankman-Fried and others are alleged to have misappropriated funds invested on the FTX.com platform, in part through another company owned by Bankman-Fried, Alameda Research. On November 11, 2022, FTX.com announced that it, FTX US, Alameda, and numerous related companies file...
2023.03.02 Motion to Set Aside Default and Dismiss Complaint 348
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...2021. The Complaint alleges that Plaintiff entered into a rental agreement (“Lease”) with Defendant wherein Plaintiff would rent real property located at 2434 Sullivan Street in San Pablo, California (“Property”). Defendant is alleged to be the owner, manager, and/or agent of the owner of the Property. Shortly after taking possession of the Property, Plaintiff noticed numerous habitability and safety issues. Accordingly, Plaintiff filed h...
2023.03.02 Motion to Enforce Settlement 048
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...quired – appearance by Zoom is acceptable. Procedural Background This matter pertains to a property dispute where Plaintiffs contend that they accrued a prescriptive easement across a portion of Defendants' property in San Ramon. It is alleged that when the two adjacent properties were built in approximately 1965, a significant portion of Plaintiffs' driveway was actually built on Defendants' property. As the Plaintiffs, and their predecessors ...
2023.03.02 Motion to Compel Arbitration and Stay Proceedings 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...nd stay further proceedings. (Some of these individuals appear in the case only as trustees for trusts.) The distinctions among these moving defendants are largely irrelevant to the motion, and unless otherwise required, they will be collectively called the “Rhoads defendants” or “Rhoads parties”. Plaintiffs in the case are John Frazer and Cecilia Cruickshank (husband and wife), both suing solely on behalf of a family trust of which they ...
2023.03.02 Motion to Compel Arbitration and Stay Court Proceedings 066
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...mmissions, or that Puri otherwise interfered with Saini's ability to receive commissions from transactions involving the family and friends of Burt Benepal. (Complaint, ¶ 22 and ¶ 30.) • The parties may, but are not required to, arbitrate the claim that plaintiff Saini is owed a 30 percent referral fee for the transaction that closed on June 29, 2022. (Complaint, ¶ 22 and ¶ 23.) This action is stayed pending the outcome of the arbitration. ...
2023.03.02 Motion to Compel Arbitration 594
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...all not prejudice the parties' right to stipulate to arbitration for all plaintiffs, should the parties deem that a more efficient mode of proceeding. Defendants' request for judicial notice is granted. This action is stayed pending the outcome of the arbitration, and of any judicial reference, subject to further court order. The Original Purchaser Plaintiffs. The plaintiffs who were original purchasers of their homes do not dispute that their pu...
2023.03.02 Motion for Judgment on the Pleadings 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...ark Brouwer, obtained the loan in that is the subject of this action in August 2007. The loan was secured by a deed of trust against her single-family residence, located at 2610 Francisco Way in El Cerrito. Plaintiff alleges GFI is a mortgage loan servicer and lender of sorts. Plaintiff alleges Defendant Gregory Funding, LLC (GFL) is the parent company of GFI. Plaintiff also alleges the two entities are the alter ego of each other. As of February...
2023.03.02 Motion for Attorney Fees 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.03.02
Excerpt: ...ALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 03/02/2023 tentative ruling was fully set forth in the tentative ruling and is incorporated into this tentative ruling as if set forth herein. At the conclusion of the hearing, the Court continued the matter to allow Respondent and Real Party (Respondents) to submit a supplemental opposition directed solely at the “fees on fees” issue, a...
2023.03.02 Demurrer to FAC 240
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...e sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with...
2023.03.01 Motion to Strike 224
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.01
Excerpt: ...complaint. Background On September 18, 2022 Defendant Ronald Cirimele, as owner-operator of the vessel Race Breed, took Plaintiff Darlene Dami out on the San Joaquin-Sacramento Delta to spread the ashes of a deceased person. (Compl., ¶ 12.) Plaintiff alleges she was injured after Cirimele “navigated the Race Breed in a dangerous manner, including in a high-speed circular direction (similar to the shore-based vehicle stunt called ‘donuts') up...

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