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2021.11.12 Demurrer 902
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.11.12
Excerpt: ...supply . . . [the following] missing information: when plaintiff first suspected that wrongdoing (other than elder abuse) contributed to her mother's death and why a reasonable investigation starting then would not have revealed the Digoxin study before May 10, 2018. The court explained, [Plaintiff's allegations] equate the date of plaintiff's discovery of the Digoxin study with the date of accrual of her wrongful death cause of action. But that ...
2021.11.10 Demurrers 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.10
Excerpt: ...LLC; AAHS San Pablo, LLC; AAHS Management, LLC; A&A Living, LLC, A and A Senior Living Management, LLC; and DOB Holdings, LLC (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. Therea...
2021.11.10 Motion for Summary Judgment 051
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.10
Excerpt: ...esponded to a marketing solicitation from defendant Seneca One, LLC. Defendant Nicholas Hruda, who told plaintiff he was vice president, communicated with plaintiff and met with her in person, falsely claiming to be an estate and wealth manager. Defendant Hruda recommended a structured settlement arrangement by which plaintiff would sell some or all of her interest in her lottery proceeds in exchange for a lump sum payment. Hruda proposed to help...
2021.11.05 Motion for Summary Judgment, Adjudication 820
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.11.05
Excerpt: ...of Civil Code §1941, 2) Breach of Contract, 3) Breach of Quiet Enjoyment, 4) Nuisance, 5) Premises Liability, 6)Negligence, 7) Retailiation in Violation of Civil Code §1942.5, 8)Violation of Richmond Rent Ordinance, and 9) Sexual Harassment. Plaintiff also makes a claim for punitive damages. The party moving for summary judgment has the burden of persuasion to show there is no triable issue of material fact and thus it is entitled to judgment a...
2021.11.05 Motion for Preliminary Injunction 099
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.11.05
Excerpt: ...d on or before November 15, 2021 at 9:00 a.m. Alternatively, the Court extends the Temporary Restraining Order for 90 days to allow the parties an opportunity work out the reinstatement plan for the loan and for Plaintiffs to comply with the reinstatement. Background Plaintiffs Thomas and Charlotte Vaughns own real property located at 2201 San Mateo Street in Richmond. Plaintiffs purchased the property in December 2004. In February 2007, Plaintif...
2021.11.05 Demurrer 290
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.11.05
Excerpt: ... served on or before November 15, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/05/21 ‐ 19 ‐ Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A compl...
2021.11.04 Petition to Compel Arbitration and Stay Action 413
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.11.04
Excerpt: ...Court finds that this argument lacks merit. In the Court's minute orders of August 15 and September 12, 2019, confirmed in a formal order filed on October 1, the Court did not declare the 2019 arbitration agreement a nullity. To the contrary, the challenge the Court faced was precisely that the 2019 arbitration agreement was in effect — and, as the Court determined at the September 12 hearing, was not unconscionable. The Court was thus required...
2021.11.04 Motion to Set Aside Judgment 626
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.11.04
Excerpt: .... Green's mistake, inadvertence, surprise, or excusable neglect pursuant to Code of Civil Procedure § 473(b). Mr. Green acknowledges he was served with the summons and complaint in September 2020. (R. Green Decl. p. 1, ll. 26‐27.) He communicated with counsel for Plaintiff after receiving the complaint and understood that if Mr. Green evicted his tenant defendant Chris Davidson, Mr. Green would not have to "worry about" the lawsuit. He deferre...
2021.11.04 Motion to Dismiss or Stay Case 584
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.11.04
Excerpt: ...action is dismissed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural...
2021.11.04 Motion to Compel Arbitration and Stay Action 423
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.11.04
Excerpt: ...mine the scope of the relevant arbitration agreement and its applicability to this dispute. The parties do not dispute that an arbitration agreement exists between them, but in its opposition, Skyline contends that the arbitration agreement does not encompass the present dispute. The Court considers that the MTC presents two questions for resolution. First, must the Court decide if the present dispute between Skyline and Loy is within the ambit o...
2021.11.04 Demurrer 378
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.11.04
Excerpt: ...e to join the trustee of the trust alleged in the FAC, as well as pursuant to Code of Civil Procedure § 430.10(e) for failure to allege facts sufficient to constitute a cause of action. For the following reasons, the Demurrer is sustained, without leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420....
2021.11.04 Demurrer 148
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.11.04
Excerpt: ...king hazard, and that Decedent then choked to death. (Comp. ¶14.) Defendant demurs to the second cause of action for elder abuse based upon neglect. Neglect is defined in the code as either “(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” Or “(2) The negligent failure of an elder or dependent adul...
2021.11.03 Motion for Summary Judgment 267
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...vely, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the Park District for (4) nuisance, (5) withdrawal of lateral support, (6) inverse condemnation, and (7) dangerous condition of public property. For the following reasons, the Park District's MSJ is denied. General Factual and Procedural Background In light of the discrepancy between the Defendant's Separate Statement in support of their motion ...
2021.11.03 Demurrer 261
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...nts were evicted and vacated the property shortly before Ronald Scott was injured at the property, allegedly as a result of a dangerous condition left by Defendants. Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate and he later died from his injuries. Plaintiff Republic Indemnity Company of America provided workers' compensation insurances to Scott's employer. Demurrer Defendants Michael Seals and All Custom Mobile...
2021.11.03 Petition to Compel Arbitration and Stay Proceedings 551
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...new arbitration will be consolidated with an already‐pending arbitration between plaintiffs and the sellers. Neither side, however, has provided legal authority that the Court has jurisdiction to compel such a consolidation. (Compare Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [the trial court has almost no jurisdiction over a pending arbitration].) Whether such a consolidation takes place would appea...
2021.11.03 Motion to Stay Civil Proceedings 907
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...ifth Amendment rights are implicated.  The interest of the plaintiff in proceeding expeditiously with the litigation.  The burden which any particular aspect of the proceedings may impose on defendants.  The convenience of the court in the management of its cases, and the efficient use of judicial resources.  The interests of persons not parties to the civil litigation.  The interest of the public in the pending civil and criminal ...
2021.11.03 Motion to Strike Punitive Damages 055
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.11.03
Excerpt: ...ould plaintiff opt not to amend at this time, Gonzaga's time to answer will run from November 15, 2021. Background and Motion In his complaint, plaintiff Terrence Oniell Brewer alleges that Gonzaga was driving recklessly, speeding, and following plaintiff too closely, which resulted in Gonzaga rear ending plaintiff's vehicle, which was properly stopped at a red light. (First Amended Complaint, “FAC,” p. 5.) After the collision, Gonzaga fled t...
2021.11.01 Demurrer 276
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.11.01
Excerpt: ...ed the property in 2014, marketed it, and secured buyers, Michael and Dina DiVincent. The DiVincents made at least one offer to defendant on terms that explicitly included the property's solar system. However, since the DiVincents needed seller financing, which defendant could not provide, defendant transferred the property to Mr. McMullen in order to make the sale. (SAC, ¶¶5‐6.) Incident to that transaction, on January 6, 2015, defendant sen...
2021.11.01 Demurrer 246
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.11.01
Excerpt: ...ow truck. His employer having been hired by property owner, defendant Gray 1 Forest Green, LLC, to tow away a cargo container as part of a nuisance abatement project, plaintiff and his truck were “commandeered” by officers from the City of Richmond to perform additional tasks while there. The officers told plaintiff he could use the wench and tow straps on the tow truck to pull down a shed structure. After pulling down the shed led to his bei...
2021.10.29 Motion to Consolidate 022
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.29
Excerpt: ...nd This is a continued hearing on defendant Kress's motion to consolidate this Civil Action with the Trust Case. By its ruling of September 24, 2021, the Court requested supplemental briefing from both parties regarding several issues. The terms Civil Case, Trust Case, and Probate Case are used as defined in the Court's September 24, 2021 ruling. The background facts relating to those cases as they pertain to the motion to consolidate are general...
2021.10.29 Motion for Summary Adjudication 007
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.29
Excerpt: ...action for declaratory relief and for a writ of mandate between different governmental entities concerning the provision of advanced life support (“ALS”) prehospital emergency medical services (“EMS”). Plaintiffs are a rural fire district, a city, and those two entities' joint powers entity (“JPA,” referring either to Joint Powers Authority or Joint Powers Agreement as the context requires (see Gov't C. § 6500)); and defendants, a co...
2021.10.29 Demurrer, Motions to Strike 290
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.29
Excerpt: ...randum list each item that Defendants want stricken. Although not compliant with the Rules of Court, sufficient notice was given to Plaintiff. In the future, however, Defendants shall comply with the Rules of Court. On the merits, Defendants argue that Plaintiff went beyond the Court's previous ruling on Kong's demurrer when it amended the complaint. In amending the complaint, Plaintiff added a new theory that Kong gave Martin $100,000 and this m...
2021.10.29 Demurrer 650
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.29
Excerpt: ...C/A (breach of fiduciary duty), 10th C/A (unfair business practices under Business and Professions Code § 17200 ("UCL")), 11th C/A (accounting), and 13th C/A (conversion and trespass). Plaintiffs state they intend to voluntarily dismiss the 8th C/A for breach of fiduciary duty and 11th C/A for accounting. (Opp. p. 2, ll. 19‐20.) Based on Plaintiffs' representation and the lack of substantive opposition to the demurrers to those causes of actio...
2021.10.27 Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.27
Excerpt: ... action are sustained, with leave to amend in accordance with this ruling. Factual Background Plaintiff Vyacheslav Viner ("Slava") alleges his doctor defendant Ramon Beguer, M.D. committed professional practice in performing Slava's hernia surgery and his treatment. Plaintiff alleges the Contra Costa Regional Medical Center ("medical center") is vicariously liable for Dr. Beguer's negligence as his employer. The County is appearing on behalf of t...
2021.10.25 Motion for Summary Judgment 386
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.25
Excerpt: ...ebruary 27, 2018. Plaintiff's evidence fails to raise any triable issue of material fact. Accordingly, the motion is granted. Background This is a fraud case arising from plaintiff's relatives forging her signature to obtain life insurance proceeds. The forged signature was notarized by Meurer on February 27, 2012. The life insurance proceeds were paid on March 29, 2012. Plaintiff learned about the forgery when she received a 1099 form related to...
2021.10.25 Motion to Compel Binding Arbitration 946
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.25
Excerpt: ...l arbitration relying on the arbitration clause in the contract between Plaintiffs and the seller. Plaintiffs' objection to Defendant's exhibit 2 is sustained. Defendant's attorney has not provided a foundation for authenticating the sales contract. However, the objection does not change the outcome here as a party seeking to compel arbitration need only provide the terms of the arbitration agreement in compliance with California Rules of Court, ...
2021.10.25 Motion for Summary Judgment, Adjudication 887
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.25
Excerpt: ...(Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Plaintiff has met its burden on summary judgment by showing that it has evidence to meet all elements of its common count claims. “An ac...
2021.10.22 Demurrer 662
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.22
Excerpt: ... the court's ruling on the last demurrer. In addition, plaintiff appears to have added at least one allegation of an injury specific to Fresenius: “a severe and infected wound at [decedent's] dialysis port.” (SAC, ¶ 38 a.) However, Fresenius has raised concerns that the Second Amended Complaint is still really just a form complaint, borrowed from complaints dealing with entirely different kinds of heath care facilities. In this connection, t...
2021.10.22 Demurrer 462
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.22
Excerpt: ...and impermissibly vague. (FAC, ¶ 18.) In any further amended complaint, plaintiffs shall allege separately numbered causes of action for each contract at issue, shall specify whether each contract was oral or written, and shall attach copies of any writings evidencing each written contract as properly tabbed exhibits. (See Cal. Rules of Court, rule 3.1110, subd. (f).) Further, plaintiffs shall allege facts supporting their theory that NYLife can...
2021.10.21 Motion to Dismiss or Stay Case 584
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ...sed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural Posture Plainti...
2021.10.21 Motion to Dismiss Complaint 870
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.21
Excerpt: ... filed by Petitioners AFSCME Local 2703, Merced County Sheriff's Employees Association (an affiliate of Teamsters Local 856), Mary McWatters, and Jeffrey Miller; and (4) a motion to enter a stipulated judgment filed in the Contra Costa County ERA case by Ken Westermann, Sean Fawell, the Contra Costa County Deputy Sheriff's Association, and the United Professional Fire Fighters of Contra Costa County, Local 1230. On September 11, 2020, the First D...
2021.10.21 Motion for Preliminary Approval of Class Action Settlement 119
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.21
Excerpt: ...ls gift cards redeemable at Arco gas stations in California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. A. Terms of the Settlement. BP will use its “best efforts to provide written notice to its ARCO‐branded dealers and operators of stations” in 43 specified northern California counties that “any gift certificate with a cash value of less than ten dollars is redeemable in cash for its cas...
2021.10.21 Motion for Preference, OSC Re Preliminary Injunction 593
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ... B. Gilbert and Judy B. Gilbert Trust Dated January 28, 1999 ("Gilberts" or "Moving Parties"). In its September 30, 2021 tentative ruling, the Court requested supplemental briefing from the parties on certain issues. The Gilberts, East Bay Municipal Utility District ("EBMUD"), Nick Lawrence, Trustee of the 911 Trust, and Barbara Sorenson ("Lawrence/Sorenson"), and the Bennetts filed supplemental memoranda, and Defendants and Cross‐Complainants ...
2021.10.21 Motion for Determination of Good Faith Settlement 074
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ...488 (“Tech‐Bilt”). Background On August 22, 2019, while driving on Highway 80, plaintiff was rear ended by defendant Garcia, who was, in turn, rear ended by defendant Cilirino Llanto Angulo. It appears that defendant Angulo was working for Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medica...
2021.10.21 Demurrer 245
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ...esides or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlord‐tenant habitability case. The parties have reached an impasse in settlement negotiations. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and Bedbug Addendum to the leases. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/21/21 ‐ 2 ‐ Plaintiffs fil...
2021.10.20 Demurrer 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...od was 32 when she died on July 1, 2020 at John Muir Medical Center in Walnut Creek, CA. (FAC, X, Ex. 1.) Plaintiff Anne McLeod was at her daughter's bedside, as was a nurse who had been caring for Erin prior to her death. (Ibid.) Erin had been at the medical center since June 20, 2020, when she was admitted for abdominal pain attributed to acute colitis. (FAC, IX.) After Erin's death, plaintiff asked the nurse to identify the cause of death, but...
2021.10.20 Motion for Preliminary Injunction 810
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The Moving Parties contend Janice Alamillo is wrongfully interfering with the sale of the Property to a third party that was scheduled to close on September 20, 2021. Moving ...
2021.10.20 Motion for Summary Judgment, Adjudication 125
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...nd was then terminated from her position at the company. Defendant moves for summary judgment or alternatively summary adjudication of the following causes of action: (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of FEHA, (3) FEHA discrimination, (5) failure to prevent discrimination CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 4 ‐ and harassment, and ...
2021.10.20 Motion for Summary Judgment, Adjudication 291
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...een completed, and the Court now tentatively rules on the MSJ. By way of a brief introduction, this cases arises from Moran's tenure as the Director of Tennis at the Club. Moran succeeded Sue Leo, who had been the Club's longtime Director of Tennis. It is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 12 ‐ undisputed that in late 2017, Leo decided to retire from the Director position. Leo did not, how...
2021.10.20 Motion to Compel Binding Arbitration 127
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ..., Civil Code § 1790 et seq. ("Song‐Beverly Act") based on Hyundai's breach of its express warranties and implied warranties. Plaintiff alleges she purchased a 2016 Hyundai Tucson that is defective. Plaintiff alleges that "[u]pon [her] purchase of the Subject Vehicle Defendant HYUNDAI issued an express warranty to Plaintiff, which Defendant undertook to preserve or maintain the utility or performance of the vehicle." (2AC ¶ 11.) She further al...
2021.10.18 Petition to Compel Arbitration and Stay Action 086
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.18
Excerpt: ..."Defendants"). For the reasons set forth, the motion is granted, and the action is stayed pending completion of the arbitration. Factual Background Plaintiff Elizabeth Hernandez alleges she was employed by AAA Insurance as a customer service representative beginning in 2005. (Compl. ¶ 13.) Hernandez declares that in the facts of growing dysfunction between the insurance company and the club operations, the company underwent a corporate reorganiz...
2021.10.18 Motion for Summary Judgment, Adjudication 696
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.18
Excerpt: ...rlying credit lines and loaned additional funds to the borrowers and then-owners of the property, permitting a cloud on title when plaintiffs purchased the property. As discussed below, plaintiffs' have failed to shift the burden to Wells Fargo and, accordingly, their motion is denied. For the same underlying reasons, Wells Fargo's motion for summary judgment is granted. I. Factual Background Plaintiffs, Ying Huang and Koon Huat Low, are the curr...
2021.10.18 Motion for Judgment on the Pleadings 556
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.18
Excerpt: ...aint for (1) cancellation of instruments and (2) declaratory relief. The MJOP is opposed by Defendant and CrossComplainant John W. Elkins (“Defendant” or “Elkins”). Defendant is in pro per. As a threshold issue, the Court notes that it never reached the merits of the Plaintiff's prior motion for judgment on the pleadings, as it was rendered moot by the filing of Defendant's Amended Answer. This is the first hearing on the merits of Plaint...
2021.10.14 Motion to Strike or Tax Costs 241
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ... of costs is defined in Code of Civil Procedure section 1032(a)(4), which provides, in part, “If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides[.]” While there are a number ...
2021.10.14 Motion to Dismiss or Stay Case 322
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ... Ford and Pamela Thurman‐Ford, oppose the motion, arguing CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 7 ‐ Chevron has not met its burden. Because Chevron has not sufficiently shown California to be inconvenient, and Texas a more appropriate forum, the Court denies the motion. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's ...
2021.10.14 Motion for Preliminary Approval of Class Action Settlement 956
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ...e case in order to justify the settlement amount. Second, the Court is concerned about the installment provisions. Installment payments create a risk of non‐payment, and increase the likelihood that some class members will not be found. Accordingly, a justification should be provided for the delay. (If it requires the provision of confidential business information, an appropriate application under CRC 2.550 can be made.) The Court has noticed t...
2021.10.14 Motion for Final Approval of Class Action Settlement 080
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ...ms The original complaint was filed October 4, 2019. It is a class action complaint alleging that defendant violated the Labor Code by underpaying overtime to traveling healthcare staff, by excluding per diem benefits and non‐discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The clas...
2021.10.14 Demurrer 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.14
Excerpt: ...st added this claim to her case through a motion for leave to file a Second Amended Complaint. In the ruling granting that motion, the court observed that this new count appeared to state a cause of action. The court did this because failure to state a cause of action was a ground that defendants claimed justified denying leave to amend. Plaintiff only filed the Third Amended Complaint because defendants demurred to the Second Amended Complaint a...
2021.10.14 Demurrer 576
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ...d 10th causes of action, inclusive, are sustained, with leave to amend. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 11 ‐ Factual Background Plaintiff alleges that she is a former employee of Golden State Defendants. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as individu...
2021.10.14 Demurrer 213
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.14
Excerpt: ...iv. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) violation of Civ. Code § 3273.15; (4) negligence; (5) wrongful foreclosure; (6) interpleader pursuant to Code Civ. Proc. § 386, Civ. Code §§ 2924j and 2924k; (7) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.); and (8) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to Plaintiff's causes of action pursuant to Code of Civil P...
2021.10.13 Demurrer 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ... Amended Complaint (“SAC”) for (1) conversion; (2) fraudulent deceit; (3) breach of contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) negligence; and (7) intentional infliction of emotional distress. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) conversion: all three Liberty Mutual entities demur to...
2021.10.13 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...mmercial premises in Antioch and for unpaid rent under its lease with Empire. On October 3, 2019, defendant Shareen Naz Adair filed a voluntary petition under Chapter 7 of the Bankruptcy Code, asserting that she was doing business under the fictitious business name iCandy Ventures and that the lease was an asset of her Chapter 7 bankruptcy estate. (RJN Exh. 1.) In its FAC, Empire alleges that Empire and Ms. Adair entered into a written lease for ...
2021.10.13 Motion to Strike FAC 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...
2021.10.13 Demurrer 411
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...
2021.10.13 Motion to Quash, for Sanctions 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...
2021.10.07 Motion for Final Approval of Class Settlement 377
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.07
Excerpt: ...Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 3 ‐ The original complaint was filed July 9, 2019. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide meal and rest periods, unpaid “off the clock” work, failure to pay minimum wage, overtime pay, and premium pay, and failure to provide wages when due. In addition it alleges that defendant violate...
2021.10.07 Demurrer 980
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.07
Excerpt: ..., 2022, at 8:30 a.m. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 13 ‐ Respondents demur to cause of action one. Cause of action one for a writ of mandate is based on two alleged errors: (1) failure to provide a fair and impartial hearing due to bias of two city councilmembers and (2) failure to make findings that are supported by the evidence (i.e. failure to comply with Topanga Ass'n for a Scenic ...
2021.10.07 Demurrer 416
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.07
Excerpt: ...tion, without leave to amend, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 10 ‐ otherwise overruled. Defendants shall file and serve their answers on or before October 18, 2021. Background Plaintiff claims defendants, who operate jointly (Complaint, ¶¶8‐14), induced her to enter into a contract to purchase a cryptocurrency “mining rig” for the purposes of mining Ethereum, and for necessa...
2021.10.07 Demurrer 391
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.07
Excerpt: ... of it. Plaintiff alleges that her husband, decedent Luciano Susino, was exposed to asbestos between 1978 and 1980 on ships owned by defendant Texaco and that in December 2017 he was diagnosed with mesothelioma, from which he died on March 5, 2018. (See Opp., p. 8, fn. 3.) Plaintiff filed suit nearly three years later, on March 3, 2021. The Jones Act states, “Except as otherwise provided by law, a civil action for damages for personal injury or...
2021.10.04 Motion to Set Aside Default, Judgment 046
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.04
Excerpt: ...efendant Copello shall file its answer to the Complaint by October 14, 2021. The Court in its discretion declines Plaintiff's request for attorneys' fees and costs. Factual Background Plaintiff Commercial Lighting Industries, Inc. ("CLI") filed suit against Copello and two other defendants arising out of goods, services, and labor furnished in connection with a real property improvement project for St. Paul's Commons Residential located in Walnut...
2021.09.30 Demurrer 374
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.30
Excerpt: ...n, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (FAC ¶¶ 1, 2, 5, pp. 8‐9, 11‐12.) Robert J. Mann passed away before this action...
2021.09.30 Demurrer 670
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.30
Excerpt: ...9 HEARING DATE: 09/30/21 ‐ 12 ‐ The demurrer filed by defendants East Bay Coyotes, Inc., Jason Wolenik, and Michael Topf (collectively, “EBC Defendants”), is overruled. The demurrer filed by defendants Dos Coyotes Development Company, LLC, Dos Coyotes Sunrise, Inc., Robert H. Davidson, Trumax, LLC, Colmax, LLC, Coltam, Inc., Dos Coyotes Concord, Inc., Coyote Sunshine, LLC and Coyote R15, Inc. (collectively, “DCDC Defendants”), is sust...
2021.09.30 Demurrer 948
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.30
Excerpt: ...plaintiff fell while exiting the San Pablo Library on August 15, 2018. (SAC, ¶ 10, 11.) The San Pablo Library is part of the county library system and is operated by the County. (¶ 8.) Plaintiff presented a claim to the San Pablo Library, care of the County, within six months of the date of her injury, on February 8, 2019. (¶ 19.) On June 7, 2019, the County sent a letter to the City demanding defense and indemnification for plaintiff's claim,...
2021.09.30 Motion for Summary Judgment, Adjudication 134
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.30
Excerpt: ...udication are denied, and Kaur's motion for summary judgment and alternative motion for summary adjudication are denied. Background This action arises out of a sale by Kaur of the real property located at 1631 Surrey Court in Walnut Creek (the "Property"). WFG provided an owner's policy of title insurance to Noel and Beatrice Concepcion ("Buyers") in connection with the sale. After the sale closed, the Buyers made a claim against WFG on the owner...
2021.09.30 Motion for Trial Preference 031
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.30
Excerpt: ... the party's interest in the litigation.” (Code Civ. Proc., § 36(a), (f).) Isaak attests that he falls within the terms of the statute, being 84 years old and in failing health. On its face, section 36 admits no exceptions. It has been strictly construed in ordinary civil cases to require preference even where a variety of circumstances indicate that trial within 120 days is not appropriate. (Swaithes v. Superior Court (1989) 212 Cal.App.3d 10...
2021.09.30 Motion for Trial Preference 593
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.30
Excerpt: ...earing on the motion is continued to 9:00 a.m. on October 21, 2021 for supplemental briefing on the issues set forth below. Factual Background The matter before the Court involves three civil actions that have been consolidated for purposes of discovery and pre‐trial proceedings, including David Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and...
2021.09.30 Motion to Disqualify Defense Counsel 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.30
Excerpt: ...parties agree that there is no per se rule barring the corporate attorneys from communicating with the employees. (Howard Gunty Profit Sharing Plan v. Superior Court (2001) 88 Cal.App.4th 572, 578.) That is not the end of the matter, however. A trial court has both the duty and authority to exercise control over communications between the parties and potential class members to prevent unfairness. (Barriga v. 99 Cents Only Stores LLC (2020) 51 Cal...
2021.09.30 Motions to Compel Further Responses, Production of Docs 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.30
Excerpt: ...tion. They all involve relevant issues, such as timekeeping and payroll, complaints, job titles and descriptions, reimbursement policies, surveys, documents sent to covered employees, declarations obtained by defendant. Plaintiff argues that defendant has been relying on arbitration agreements all along, and now objects to producing them, and that defendant has made numerous boiler plate objections on trade secret grounds. Since the motion was fi...
2021.09.29 OSC Re Preliminary Injunction 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...ng any portion of the areas of the property in dispute in this litigation, namely the 28' wide strip of land between 20 Alwin Road and Homestead Avenue, and the entirely of the property located at 1000 Homestead Avenue. 2. Trespassing upon any portion of the property commonly known as1000 Homestead Avenue in Walnut Creek, California. This injunction does not prohibit Greg Hart and Kristin Hart from constructing or repairing a fence along their pr...
2021.09.29 Motion for Summary Judgment 075
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...parate treatment of Plaintiff on account of her age and perceived disability. Cavallo showed clear favoritism to another younger employee with same job classification, which ostracized Plaintiff. Plaintiff went out on medical leave on February 18, 2019 and did not return to work for Honda. Motion Defendant Honda Finance Corp. brings this motion for summary adjudication of issues on the ground the claims fail as matter of law. Summary Judgment/Adj...
2021.09.29 Motion for Summary Adjudication 477
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...n count causes of action fail. Legal Standard Applicable to Summary Judgment Homeowners contend that this action has no merit because, they say, Contractor cannot establish that he suffered any damages as a result of Homeowners' alleged breach of contract. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action ha...
2021.09.29 Demurrer 725
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...the following claims against it for the failure to allege sufficient facts to state a cause of action: (8) declaratory relief, (9) breach of contract, (10) breach of the covenant of good faith and fair dealing, (11) negligence, (12) violation of 12 U.S.C. section 2061, (13) violation of Business and Profession Code section 17200, (14) negligent / intentional misrepresentation and (15) declaratory relief. As to causes of action 9 and 10, Ocwen als...
2021.09.29 Demurrer 401
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...f fiduciary duty against Gomez, aiding and abetting breach of fiduciary duty against Gold Star, and intentional interference with prospective economic advantage against Gomez and Gold Star. Background Defendant Ernesto Gomez was first hired by Plaintiff Land Home Financial Services in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originato...
2021.09.29 Demurrer 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...that would address the deficiencies discussed herein, this ruling is without leave to amend. An answer must be filed and served on or before October 12, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/29/21 ‐ 20 ‐ If tenant timely contests this ruling, counsel shall appear at the hearing prepared to discuss any additional facts that could be added to the complaint to cure the issues herein. Meet and Conf...
2021.09.29 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.29
Excerpt: ...MENT: 21 HEARING DATE: 09/29/21 ‐ 24 ‐ International and KCI. Robert Half has answered, but defendant KCI demurs, arguing that all four counts fail to state a cause of action, are uncertain, and mis‐ join parties. The thrust of KCI's argument is that the FAC fails to allege facts sufficient to support the allegation that KCI was plaintiff's employer. (See FAC, ¶ 13, 20, 29, 35, 41.) Plaintiff argues the FAC sufficiently alleges an employee...
2021.09.27 Demurrer 746
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.09.27
Excerpt: ...l notice of the existence and contents of the Exhibit A attached to the Request. The complaint alleges that plaintiff and defendant were romantically involved for many years and had a child together. Defendant alone held title to their first home, although plaintiff, a contractor, spent considerable time making improvements to the home, resulting in an increase in its value. When defendant sold that home and was going to buy another, plaintiff as...
2021.09.27 Motion for Summary Judgment, Adjudication 962
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.09.27
Excerpt: ... Brentwood, and the other plaintiffs suffered alleged injuries flowing from that. Before the Court is a motion for summary judgment CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 09/27/21 ‐ 10 ‐ (“MSJ”) filed by defendant City of Brentwood (“City”). The MSJ is opposed by the plaintiffs (“Plaintiffs”) in this matter. The MSJ first argues that Plaintiffs cannot maintain a cause of action against the Ci...
2021.09.24 OSC Re Preliminary Injunction 819
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ...onique Willson, and Jungle James Animal Adventures, LLC from maintaining conditions on the Willsons' property that constitute a public and private nuisance. Specifically, Plaintiffs allege the Willsons have placed a large shipping container and construction debris on their property, which is adjacent to the easement (driveway) burdening the Willson Property. Plaintiffs allege the container and debris interfere with Plaintiffs' rights to utilize t...
2021.09.24 Motion to Strike 339
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ..., alleging that something in the food they served caused him to break several teeth. (Case No. C17‐01774.) During the discovery process in that case, Barker came to believe that the law firm representing Panda had engaged in discovery abuses. He filed a separate lawsuit against Panda and its attorneys concerning this. (Case No. C19‐01582.) The defendants in that lawsuit failed to respond to the complaint in time, so Barker took their default....
2021.09.24 Motion to Stay Discovery and All Proceedings 589
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ...Regina Linetskaya, received documents from the facility and was told to sign the fields requiring a signature, which she did. (Declaration of Regina Linetskaya, “Regina Decl.,” ¶3. For clarity, the parties will be referred to by their first names. No disrespect is intended.) The documents included an arbitration agreement. (See Declaration of Beverly Tahan, Ex. A.) Upon her admission to the facility, Lyudmila had recently been discharged fro...
2021.09.24 Motion to Consolidate Case 022
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ...all simultaneously file and serve on the other party supplemental papers and briefing addressing the issues set forth below by October 12, 2021. The parties may each file and serve a response to the other party's supplemental papers and briefing by October 19, 2021. A. The Pending Civil Action The Complaint in this action (the "Civil Action") was filed by Michelle Karen Roth (Ms. Roth") in her capacity as Conservator over the Estate of Richard Ma...
2021.09.24 Demurrer 760
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ... or Amended Answer shall be filed and served on or before October 8, 2021. The court incorporates its ruling on USAA's demurrer to plaintiffs' First Amended Complaint, which was initially issued as a tentative ruling on May 14, 2021. In that ruling, the court's impression was that it might be possible for plaintiffs to state a claim for negligence if USAA had sent a claims adjuster to their home and that, during an inspection, the adjuster had ne...
2021.09.24 Demurrer 742
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ...igence cause of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiffs have failed to allege Airbnb owed them a duty. As a threshold issue, the Court declines to overrule the demurrer on the grounds of perceived violations of the California Rules of Court and reaches the merits of the Defendants argument. For the following reasons, the Demurrer is sustained, without leave to amend. Legal Standard “The...
2021.09.24 Demurrer 272
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.24
Excerpt: ... overruled, and the demurrers to the 36th and 37th causes of action are sustained, with leave to amend. Factual and Procedural Background This lawsuit involves claims by plaintiff MM Development Company doing business as Planet 13 ("MMD") for recovery of over $900,000 in proceeds from the sale of marijuana from its dispensary in Las Vegas, Nevada. MMD is a licensed dispensary under Nevada law and is operating under the registered fictitious busin...
2021.09.23 Demurrer 624
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.23
Excerpt: ...ave to amend; (b) the demurrer to the 8th cause of action is sustained, without leave to amend; and (c) demurrer to the 11th cause of action based on the statute of limitations is overruled. Factual Background Plaintiff alleges that she is a former employee of YDesign. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as ind...
2021.09.22 Motion for Summary Judgment, Adjudication 267
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.22
Excerpt: ...i and Plaintiff Megan Frantz (collectively, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the District for (1) inverse condemnation, (2) trespass, (3) nuisance, and (7) dangerous condition of public property. For the following reasons, the District's MSJ is granted. Request for Judicial Notice Plaintiffs request judicial notice of their opposition papers to Pleasant Hill Recreation and Park Distr...
2021.09.22 Demurrer, Motion to Expunge Lis Pendens 991
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.22
Excerpt: ... $600,000, secured by the property located at 61 Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction, the Property was sold for $950,000 by credit bid from US Bank as Legal Title Trustee for the Truman Trust. The Trustee's Deed...
2021.09.22 Demurrer 155
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.22
Excerpt: ...or a writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) In the alternative, petitioners seek a “trial de novo.” (Gov. Code, § 53069.4.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/22/21 ‐ 31 ‐ The Court finds that the trial de novo procedure is not applicable, because petitioners have not demonstrated that they have had to pay “an administrative fine or penalty.” (Gov. Code, § 53069.4...
2021.09.20 Motion for Summary Judgment, Adjudication 169
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.09.20
Excerpt: ...n. (Code Civ. Proc., § 437c, subd. (a).) That burden can be met if the plaintiff ‘has proved each element of the cause of action entitling the party to judgment on that cause of action.' (Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire ...
2021.09.20 Application for Right to Attach Order 156
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.09.20
Excerpt: ...minated Wood's services. Then one of the co‐owners of the winery, the Murphys, bought out the other, the Verlanders. Wood was paid a fee on that transaction. A short time later, the Murphys sold most of the Winery to a third party, Amicus, for a substantially higher price than served as the basis for the Verlander buyout. In essence, Wood claims that the ultimate sale of the winery was manipulated to avoid paying it a larger commission. In a se...
2021.09.17 OSC Re Preliminary Injunction 059
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.17
Excerpt: ...kFactory, LLC, pending a final judgment or further Court order in this matter. A proposed order in accordance with this tentative ruling, along with the undertaking described below, shall be submitted to the Court no later than September 22, 2021. (See California Rules of Court, Rule 3.1150 (f).) Evidentiary Matters Murray's request for judicial notice of the complaint and cross‐complaint in this matter is granted. (Evid. Code, § 452 (d).) Mur...
2021.09.17 Motion to Set Aside Default 460
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.17
Excerpt: ...greement between Defendant Michael Mansel and R.L. Milsner Insurance, Inc., after the asset sale Milsner conducted on or about February 3, 2016. Defendant Mansel is a licensed insurance producer. On or about February 1, 2016, Defendant and R L Milsner Insurance, Inc. entered into a written agreement for Mansel to sell and for Milsner to purchase Mansel's property and casualty book of insurance business, then residing with Granite Professional Ins...
2021.09.17 Demurrer 910
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.17
Excerpt: ...e September 27, 2021. Background Plaintiff, Julie Ta, was interested in renovating her kitchen and contracted with defendant, a licensed contractor for “Cabinet, Mill work and Finish Cabinetry.” (Complaint, ¶¶3, 7, 25.) Defendant provided plaintiff with an invoice on October 29, 2019 for $19,139.85. (Id. at ¶8.) The invoice required 50% of the amount to be paid up front and the rest upon “installation.” (Id. at ¶9.) The invoice indica...
2021.09.17 Demurrer 014
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.09.17
Excerpt: ...faith and fair dealing. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that each of the causes of action in the SAC fail to state a cause of action. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendants' unopposed request for judicial notice is granted. Evid. Code §§ 452, 453. Evidentiary Objection Defendant objects to Plaintiff's declar...
2021.09.16 Special Motion to Strike 377
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.16
Excerpt: ...from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/16/21 ‐ 6 ‐ described this second step as a ‘summary‐judgment‐ like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 3...
2021.09.16 Motion for Consolidating Actions 593
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.16
Excerpt: ... 33 HEARING DATE: 09/16/21 ‐ 10 ‐ Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and Dawn Bennett v. East Bay Municipal Utility District, et al., and related cross‐ actions, Case No. MSC20‐01714 ("Bennett Action") ("Consolidation Motions") filed by East Bay Municipal Utility District ("EMBUD") and by David Estopinal. A joinder in the Conso...
2021.09.16 Demurrer, Motion to Strike 637
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.09.16
Excerpt: ... affirmative defenses that do not state facts sufficient to constitute a defense under sections 936 and 945.5 of the Civil Code” and “on the grounds that the affirmative defenses are still too conclusory and/or not supported by the additional allegations.” (Not. of Demurrer at 2:3‐6.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/16/21 ‐ 2 ‐ For the following reasons, the Demurrer is overruled. Analy...
2021.09.16 Demurrer 863
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.16
Excerpt: ...h grade at Anova, having been referred by the School District. Anova added physical restraints to their discipline of Plaintiff. On September 17, 2018, Plaintiff “eloped” from campus and was restrained in the parking lot by staff. Plaintiff was allegedly thrown down and landed on his back on top of a concrete parking median. Plaintiff suffered injuries to his neck, back, arms, wrists, hands, and fingers. A MRI on May 17, 2019, revealed a C4�...
2021.09.16 Demurrer 183
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.09.16
Excerpt: ...rred is overruled as to the First Cause of Action for Contractual Indemnity and Third Cause of Action for Declaratory Relief. Cross‐Complainant shall file and serve the amended complaint on or before October 7, 2021. Background Plaintiffs Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brought this action to hold Armanino LLP and its employee Gunther Hofmann re...
2021.09.15 Motion for Leave to File Complaint 311
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.09.15
Excerpt: ... DATE: 09/15/21 ‐ 3 ‐ California around the time of their wedding in 2018 was a loan, not a gift. Defendants filed their Answer on November 19, 2019, but filed no cross‐complaint against plaintiff then. Now, however, more than a year and a half later, and seven months before their February 2022 trial date, they ask leave to file a late, compulsory cross‐complaint. The proposed Cross‐ Complaint alleges that Elizabeth's husband and Ryan's...

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