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2022.05.02 Motion for Summary Judgment 019
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.02
Excerpt: ...ntiff's neck while plaintiff was not in a supine position (Complaint, ¶6.) As a result, plaintiff contends she suffered complications, including, numbness in three fingers and shoulder pain, both of which continue to this day. (Complaint, ¶7.) On May 29, 2020, plaintiff filed an amendment to her complaint, adding orthopedic surgeon, Dr. Leslie Kim, M.D., as a Doe defendant. (Stayduhar Decl., Ex. 9.) Plaintiff made no other changes to the compla...
2022.05.02 Demurrer 673
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.02
Excerpt: ...is demurring in her role as cross‐defendant and defendant is opposing the demurrer in her role as cross‐complainant. Plaintiff is a former employee of defendant. She sued defendant for wrongful SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 05/02/2022 5 termination on August 13, 2016. Defendant filed a Cross‐Complaint on November 15, 2016, and subsequently amended it three times. Plaintiff argues ...
2022.04.29 Petition to Compel Binding Arbitration 020
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: ...ition relates to Plaintiff August Cattaneo, individually and as successor‐in‐interest to the estate of Ruth Cross‐Villez (“Plaintiff”)'s complaint for (1) elder abuse/neglect; (2) negligence; (3) violation of patient's rights; (4) wrongful death; and (5) survivorship. Pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and Cal. Code of Civil Procedure (“CCP”) § 1281.2, Defendants bring this petition for an or...
2022.04.29 Demurrer 420
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: ...h cause of action – sustained, without leave to amend, except as set forth below; (c) general demurrers to 6th and 8th causes of action – overruled. Plaintiff shall file her amended complaint by May 20, 2022. Background The factual background of the claims Plaintiff Heesoo Bushnell alleges against Defendant are described in the tentative ruling issued concurrently on Defendant's special motion to strike under Code of Civil Procedure section 4...
2022.04.29 Anti-SLAPP Motion to Strike 420
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: ...ten causes of action against Dr. Allan Bushnell, Jr. ("Defendant"), her step‐son and the only biological son of the Decedent. (Compl. ¶ 3.) She alleges claims individually, as "representative" of the Decedent, and/or as "successor in interest" and sole heir of the Decedent. (See Compl. Caption, and ¶ 1.) The Decedent was 92 years old when he passed away. (Compl. ¶¶ 15, 24.) He contracted pneumonia after he was hospitalized following a fall....
2022.04.29 Motion to Set Aside Default 650
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.29
Excerpt: .... The defaults of Cross‐Defendants Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, and William Simpich entered on January 11, 2022 shall be set aside and vacated, and Cross‐Defendants shall file their answers or other responsive pleading(s) in response to the cross‐complaint by May 16, 2022. Cross‐Defendants' request for attorneys' fees for bringing the motion is denied. Background O...
2022.04.28 Motion for Final Approval of Class Action Settlement 624
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...n December 16, 2019. On November 24, 2020, a First Amended Complaint was filed, adding Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The settlement adm...
2022.04.28 Demurrer to FAC 583
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...icable to this matter. Requests for Judicial Notice The requests for judicial notice are unopposed. The Court need not take judicial notice of the original complaint to discern the date of its filing; that information can be ascertained from the Court's own file. The Court grants judicial notice of the certificates of completion and the grant deeds for the limited purpose of identifying the dates the certificates were recorded, and for no other p...
2022.04.28 Demurrer to TAC 118
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ...ss, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that the TAC fails to allege facts sufficient to support a finding of foreseeability required to impose a duty on Defendant Tankersley. As a threshold issue, the Court declines to consider the Declaration of David Yen in support of Plaintiff's ...
2022.04.28 Demurrer 096
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...have been filed and was never properly served on CrossDefendant and pursuant to CCP § 430.30(f) on the grounds that it is labeled as containing ten causes of action but appears to attempt to plead seven causes of action. For the following reasons, the Demurrer is overruled. 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 ...
2022.04.28 Motion for Final Approval of Class Action Settlement, Attorney Fees 303
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ...g the COVID pandemic. It did not allege the variety of other claims often found in PAGA cases. On June 28, 2021, a First Amended Complaint was filed, alleging a class action raising similar claims. (During the time in question, reimbursements were made, but issues remain concerning the amount and interest on delayed payments.) The settlement would create a gross settlement fund of $900,000. The class representative payment to plaintiff would be $...
2022.04.28 Motion for Summary Judgment 102
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.28
Excerpt: ... to show the existence of disputes regarding material facts. Background This case stems from the death of a child, Angela Nguyen, who was hit and killed by an SUV in a mall parking lot upon returning to her family vehicle with her mother and little brother, on December 3, 2018. The child's mother, Mai Nguyen, as well as her brother Benjamin, represented by his guardian ad litem, Huong Thi Nguyen, and the girl's father, Quan Nguyen, filed this cas...
2022.04.28 Motion to Enforce Settlement Agreement 588
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ...ty boundary and the ownership of a freestanding garage. After plaintiffs filed the action, parties arrived at a settlement agreement in October 2018 during mediation before Mediator Hon. Mark Eaton. As part of the settlement, defendants Jeffrey and Sharon Steinman agreed the garage was on their neighbors' side of the property line. Parties agreed that they would seek a lot line adjustment and that the Steinmans would make all efforts and pay all ...
2022.04.28 OSC Re Designation as Vexatious Litigant 297
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ...te with examples of plaintiff filing “unmeritorious motions, pleadings, or other papers …” The Court will consider plaintiff's oral argument, take the matter under submission, and issue an order after hearing. The Court rules as follows on procedural matters: • Plaintiff's request that the hearing on this Order To Show Cause be transferred to another judge is denied. • The Court concurs with plaintiff's position that an order declaring ...
2022.04.28 Demurrer 364
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.28
Excerpt: ... the Dealer advertised the vehicle as a Kia Certified Pre‐Owned and the vehicle had passed a “165 Point Inspection.” Kia America's website also provides a copy of the Kia Certified Pre‐Owned inspection sheet and it is required to accompany every certified pre‐owned Kia. Plaintiff alleges he viewed the Dealer's advertising about the vehicle and the Pre‐Owned program prior to purchasing the vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA ...
2022.04.27 Motion for Summary Judgment, Adjudication 767
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...) failure to prevent discrimination and harassment, (6) failure to accommodate and (7) failure to engage in the interactive process. Plaintiff also sued the City for wrongful‐ constructive termination, but that claim has been dismissed. The City is moving for summary judgment of all claims or, alternatively, summary adjudication of each cause of action. Discrimination (C/A 1 and 2) Plaintiff sued the City for age and disability discrimination. ...
2022.04.27 Motion for Summary Judgment 171
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...tore (“Store”) located at 2515 Somersville Road in Antioch, CA on August 13, 2018. (UMF 1.) She alleges that she slipped on a pool of water while walking down aisle 9 of the Store, injuring herself. (UMF 2.) The incident occurred at approximately 2:05 p.m. (Decl. of Michael S. Richardson, Ex. F) Defendants' employees are trained to walk up and down the aisles, and to cone off and immediately clean any spills, making sure not to leave them una...
2022.04.27 Motion for Leave to File FAC 745
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...family home combined with a separate in‐law unit, commonly referred to as 119 Bruce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltz's property, located at 113 Bunce Meadows Drive in Alamo. The Kiltz's predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhangin...
2022.04.27 Demurrers 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.27
Excerpt: ...f contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Plaintiff is in pro per. The Court notes that the inclusion of Defendants' notice gives the impression of an overly‐long brief; however, counting from page 11 (the onset of the memorandum of points and author...
2022.04.25 Petition for Writ of Administrative Mandate 437
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ...rding to the terms of the local ordinance; the dog owner argues that the appeal can proceed as an appeal – with a hearing de novo – according to the terms of the state statute. (Compare Contra Costa County Ordinance No. 2020‐04, 416‐18.406 (f) (“A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622 (“If the original ...
2022.04.25 Motion to Amend Complaint to Add Exemplary Damages 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ... Costa County and two of its employee physicians, Dr. Rodelo and Dr. Ras. Plaintiff had a post‐ partum tubal ligation (“PPTL”) on March 20, 2016 because she wanted no more children after she gave birth to her second child on March 18, 2016. Dr. Rodelo performed the PPTL and told plaintiff it had been successful. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 2 Believing she could not get pregnant afte...
2022.04.25 Demurrer 716
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.25
Excerpt: ...hereinafter “Geico”) has filed another demurrer to the First Amended Complaint asserting that the Plaintiff has no claim directly against the liability insurer for the alleged injuries and damages which occurred as a result of this collision. Plaintiff objects to the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 7 As previously outlined in the court's order on the demurrer to plaintiff's orig...
2022.04.21 Motion to Enforce Settlement and Stay Post-Judgment 528
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.21
Excerpt: ...hen states that, “Any Abstract of Judgment related to the Judgment may be recorded on 12/31/2021, or any date thereafter, if Defendant has not yet paid Plaintiff the remaining balance of $200,000. In such case, Defendant will make monthly payments to Plaintiff in the amount of $1,666.66 per month, for 10 years, with no interest, beginning on August 1, 2022.” (Settlement Agreement p. 1‐2.) After 10 years of payments, Defendants will have pai...
2022.04.21 Motion to Compel Arbitration 023
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.21
Excerpt: ...(Code Civ. Proc., § 1281.4.) A court must order arbitration if it determines that a valid agreement to arbitrate exists. Here, such an agreement exists. This case comes before the Court on remand following a previous denial of the petition. In a published decision, Gordon v. Atria Management Co., LLC (2021) 70 Cal.App.5th 1020, 1030, the First District Court of Appeal stated: The trial court erred in concluding that Randall lacked authority to b...
2022.04.21 Motion for Leave to File FAC 974
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.21
Excerpt: ...eeking leave to amend to (1) name Tyler Rad Holstein (“Holstein”) as a Defendant; (2) add claims for violations of the Unruh, Ralph and Bane Act; (3) remove claims and prayers for relief that are not recoverable in a survival action; (4) include allegations of Defendant Holstein's Post Traumatic Stress Disorder (“PTSD”) and Defendant Securitas' knowledge thereof; and (5) add allegations regarding Plaintiffs' status as successors in intere...
2022.04.20 Motion for Summary Adjudication 047
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.20
Excerpt: ...1‐2.) The Fifth Cause of Action of the SAC alleges that defendant EagleLift committed intentional misrepresentation by stating it had installed 12 interior posts (SAC, ¶ 46, 47), and that defendants Alpine and Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017 that all pertinent work done by EagleLift, was performed “as designed.” (¶ 50.) These representations were false because not all posts and pie...
2022.04.20 Motion to Remove Seal 628
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.20
Excerpt: ...the matter was continued to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a yea...
2022.04.20 Motion for Summary Judgment, Adjudication 1957
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.20
Excerpt: ...F”) No. 20 as ineffectively disputed by plaintiffs' expert, Dr. Barnett; Gomez Decl, ¶ 16; Barnett Decl., ¶ 14, 15, 19.) Background This is a case for medical malpractice and loss of consortium. The plaintiffs are Dean Habegger and his wife, Debbie Habegger. The TAC alleges that Mr. Habegger (who was then 66 years SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 04/20/2022 2 of age and had previously ...
2022.04.18 Motion for Summary Judgment 049
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ...s not adequately supported by the evidence. Background On or around March 1, 2017, plaintiff and two other entities, as “Landlord,” and defendant Umesh Kumar Sharma, DBA Pizza Amigo, as “Tenant,” entered into a lease agreement for certain retail premises in a mall. The property has been occupied or otherwise in Tenant's possession since that same month. After the property was conveyed entirely to plaintiff in December 2018, the lease was ...
2022.04.18 Demurrer, Motion to Strike 032
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ...essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099). Legal conclusions are insufficient. (Id. at 1098–1099; Doe at 551, fn. 5.) The Court “assume[s] the truth of the allegations in the complaint, but do[es]...
2022.04.18 Demurrer 977
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ...f Robert Dandrea worked as a Manager at the Pep Boys located at 520 Contra Costa Blvd. in Pleasant Hill. Plaintiff suffered a workplace injury on September 9, 2019. Plaintiff alleges Defendants failed to engage in the interactive process or provide reasonable accommodations. Instead, Plaintiff was suspended and then terminated on September 19, 2019. Plaintiff alleges that throughout his employment he performed his duties competently and in satisf...
2022.04.18 Demurrer 779
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ... against defendants are barred by judicial estoppel. Plaintiffs filed Chapter 13 bankruptcies on three separate occasions, taking advantage of the automatic stay to delay foreclosure. But plaintiffs failed to list any claim against defendants on their bankruptcy schedules, or to correct those schedules during the pendency of the bankruptcies. The authorities cited by defendants confirm that this conscious omission is fatal to all of plaintiffs' c...
2022.04.18 Demurrer 018
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.04.18
Excerpt: ... speak English. Plaintiff alleges her manager would become angry when she spoke with the tenants in Spanish. Additionally, her manager forbade her to speak Spanish or Tagalog or keep conversations with tenants. Plaintiff's manager refused to train Plaintiff on the duties of a property manager despite being directed to do so. Plaintiff was told by her manager she was sent there just to look pretty. Plaintiff was informed the manager would make ina...
2022.04.18 Motion to Deem RFAs Admitted 277
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.04.18
Excerpt: ... to admit or deny the remaining one. (Def. Mot. Exhibit B). Defense counsel sent a meet and confer letter to plaintiff's counsel on January 6, 2022, “advising that if verified responses were not received by January 20, 2022, Plaintiff would proceed with discovery motions.” (Def. Motion Exhibit C). No verification has since been served. Defendants' motion for deeming matters admitted is misplaced. Plaintiff's service of responses before the fi...
2022.04.15 Motion for Leave to File FAC 669
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.15
Excerpt: ... during the meet and confer process. Plaintiffs shall file and serve their first amended complaint by May 6, 2022. The Court sets a case management conference for April 25, 2022 at 8:30 a.m. for the parties to discuss whether this case should be consolidated or coordinated with case MSC22‐00001 (Lynch v. Smietana). Plaintiffs' counsel shall give notice of this CMC to the attorneys in MSC22‐00001 (Lynch v. Smietana) and/or be authorized to spe...
2022.04.15 Demurrers 692
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.15
Excerpt: ...rference with contract (FHL against Cyrus Jack), (4) intentional interference with prospective economic advantage (FHL against Cyrus Jack), (5) unfair competition (by FHL against Cyrus Jack), (6) civil conspiracy (FHL against all Defendants), (7) slander per se (Plaintiffs Robert and Joan Marx against Cyrus Jack), (8) intentional CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 7 infliction of emotional dis...
2022.04.15 Demurrer, Motion to Strike Punitive Damages 520
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.04.15
Excerpt: ... law and motion procedure in future filings. (See Code Civ. Proc., § 1005, subds. (b) and (c).) Defendants' demurrer is sustained in part and overruled in part, as set forth below. Leave to amend is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 4 Plaintiffs shall file any further amended complaint on or before May 16, 2022. If plaintiffs choose not to amend, they shall give defendants written n...
2022.04.14 Motion for Summary Judgment 725
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...amended cross‐complaint filed by Lucas Du and Mary Wong and the cross‐complaint filed by Hui Yong. Plaintiffs filed an opposition to this motion, but Du, Wong and Yong have not filed an opposition. Plaintiffs sued the District for nuisance (in various forms), inverse condemnation, dangerous condition of public property, trespass, diversion of water and declaratory relief (based upon the alleged nuisance and trespass). The District moved for s...
2022.04.14 Demurrer 142
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.14
Excerpt: ...se of action and is fatally uncertain; and, (2) the third cause of action, for injunctive relief under the Consumer Legal Remedies Act (“CLRA”), both fails to state facts sufficient to constitute a cause of action and is fatally uncertain. Introduction & Preliminary Considerations Before specifically addressing the merits of Renew's contentions, the Court first deals with some preliminary matters as a backdrop to that endeavor. First, the Cou...
2022.04.14 Motion for Final Approval of Class Action Settlement 203
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...kground and Settlement Terms The original complaint was filed October 23, 2020, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways. The settlement would create a gross settlement fund of $750,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $250,000 (33 1/3% of the settlement). Litigation costs w...
2022.04.14 Request for Preliminary Injunctions 194
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.14
Excerpt: ...§ 3273.10, and (4) violation of Bus. & Prof. Code § 17200 et seq, the body of the Complaint alleges only two causes of action: one for violation of Civil Code § 2923.6 (labeled first cause of action) and one for violation of Bus. & Prof. Code § 17200 et seq. (labeled third cause of action). For the following reasons, Plaintiff's motion for preliminary injunction is denied. The Temporary Restraining Order issued on February 14, 2022 is dissolv...
2022.04.14 Motion to Compel Arbitration 726
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...ound Plaintiff, Julian Hoffman, worked as a registered nurse for defendant hospital San Ramon Regional Medical Center and SRRMC Management, Inc., (collectively “defendants”) from June 2018 through May 2020. Both defendants are subsidiaries or affiliated entities with Tenet Healthcare Corporation, a network of hospitals. In his wage and hour class action complaint, filed in August 2021, plaintiff contends defendants violated various provisions...
2022.04.14 Motion to Compel Responses 287
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...ame issues as the earlier productions, e.g., not including complete email threads. He argues that more meet and confer sessions will be needed. Defendant is ordered to provide complete responses within 30 days of this order. There also remains the issue of discovery of the current insurance policy. Defendant produced a policy that “was in effect for the relevant time period when Plaintiff filed his lawsuit.” Defendant asserts that this is the...
2022.04.14 Motion to Lift Stay, for Monetary Sanctions 298
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.04.14
Excerpt: ...Amended Complaint is lifted. The motion for sanctions is granted as requested, and Plaintiff is awarded $13,024.82 pursuant to Code of Civil Procedure section 1281.99(a), including $12,435.00 in attorneys' fees and $589.82 in costs. Background Plaintiff Mario Ramirez Lopez filed a class action complaint on behalf of himself and other similarly situated employees of E‐Tech alleging seven causes of action, including multiple violations of the Lab...
2022.04.14 Special Motion to Strike 633
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.04.14
Excerpt: ...) As used in this section, “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: … (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law … The first question before the Court is whe...
2022.04.13 Petition to Confirm Arbitration Award 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...den of proof that the Hofmann's breached their duty to disclose. The Hofmanns filed this petition to confirm the arbitration award. The Johnsons oppose the petition, arguing that the arbitration award should be vacated. If a petition is filed and served, the Court must confirm an arbitration award unless it corrects the award, vacates the award or dismisses the proceeding. (Code Civ. Proc. § 1286.) “Judicial review of an arbitrator's award is ...
2022.04.13 Motion to Remove Seal 628
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a year later in April 2021.) I...
2022.04.13 Motion to Dismiss for Lack of Subject Matter 827
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ... of forum non conveniens, Defendant's motion is untimely. “A motion to stay or dismiss on the ground of inconvenient forum must be made within the time permitted to plead, i.e., 30 days after service of the complaint, unless extended by stipulation or court order. (§ 418.10, subd. (a).)” (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1295.) This ruling does not preclude Defendant from raising the objection after a general appeara...
2022.04.13 Motion for Leave to File SAC, Demurrer, Motion to Strike 395
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...nt, LLC and Betty Dominici. Plaintiff also move to add additional parties, Maruyama Holdings, LLC (as plaintiff) and Ravelloview LLC, A & A Health Services, LLC, AAHS San Pablo LH, LLC; A&A Living, LLC; Alamo Health Management, LLC; and Alamo Senior Living Management, LLC (as defendants). Plaintiff seeks to add about 12 new claims. The proposed SAC seeks to add Maruyama as a Plaintiff in the furtherance of judicial economy. Maruyama's claim runs ...
2022.04.13 Demurrer 905
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.04.13
Excerpt: ...ates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s First Amended Complaint (“FAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligent misrepresentation; (4) negligence; and (5) negligent infliction of emotional distress. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following rea...

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