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2019.12.19 Motion for Summary Judgment, Adjudication 243
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...llowing reasons, Defendant's motion is denied. Papers Before the Court On or about December 12, 2019, Plaintiff filed a document titled “Plaintiff Tami Ware's Amended Statement of Disputed Facts and Additional Undisputed Material Facts in Opposition to CSAA's Motion for Summary Judgment or Alternatively Summary Adjudication.” This document is untimely, and no arguments or evidence have been offered to show good cause for its inclusion in the ...
2019.12.19 Motion to Disqualify Counsel 440
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.19
Excerpt: ...sented DBI in several matters, including one substantially related matter. Engeo's position in this case is adverse to DBI. The substantially related matter is Discovery Builders, Inc. v. DeSilva Gates Construction. (The Court reminds all counsel of the provisions of Rule of Court 3.1112(k), which state: “All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific ...
2019.12.19 Motion to Expunge Lis Pendens 116
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.19
Excerpt: ...cement (4) declaratory judgment; and (5) preliminary injunction. Plaintiff recorded a notice of Lis Pendens. Defendant filed a motion to expunge, and applied for an order shortening time for the hearing, which was granted without opposition. Plaintiff Joseph is the stepfather of defendant Scott, who is married to defendant Michelle (“Misti”). (First names are used for clarity, no disrespect is intended.) Joseph alleges that in 1998, he helped...
2019.12.19 OSC Re Preliminary Injunction 734
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.19
Excerpt: ...f action for (1) declaratory relief, and (2) violation of Civil Code § 2923.6. Plaintiffs moved ex parte for a temporary restraining order on August 23, 2019. The Court heard the ex parte application, granted the TRO, and entered an order to show cause why a preliminary injunction should not be granted calendared for September 26, 2019. The parties stipulated to continue the hearing date and the matter is now before the Court. For the following ...
2019.12.9 Demurrer 713
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2019.12.9
Excerpt: ...er is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial notice of pleadings from Contra Costa County Superior Court case number C17‐00462. This Request is unopposed. The Request 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...
2019.12.6 Motion to Compel Arbitration and Stay Proceedings 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...tore located at 1340 North Main Street. Defendant Jennifer Meza was the store manager and plaintiff's supervisor. Defendant Nick Botsford was Plaintiff's supervisor and district manager. Plaintiff alleges defendants were aware of his disabilities at all relevant times. Plaintiff alleges that at various times throughout his employment, Defendants denied reasonable accommodations. One of the accommodations requested by plaintiff's healthcare provid...
2019.12.6 Demurrer, Motion to Strike 329
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...as to the parallel demurrer of the Mt. Diablo USD. Any amended complaint shall be filed and served on or before January 10, 2019. If plaintiff elects not to amend, defendants' time to answer the remaining parts of the case will run from then. If plaintiff contests the tentative to seek leave to amend claims as to which leave is denied, she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed am...
2019.12.6 Demurrer 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...heir answers by January 3, 2020. Defendants Stroud Development and Alexander Stroud filed nearly identical demurrers to the FAC and filed a joint reply. The Court's ruling below applies equally to the two demurrers. Meet and confer process Plaintiff argues that the meet and confer process was insufficient because Alexander Stroud (acting as a self‐represented party) did not call Plaintiff's attorney, but only sent an email. Plaintiff is correct...
2019.12.6 Demurrer 339
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ... the tentative to seek leave to amend, he should come to the hearing prepared to explain how he proposes to amend as against the Police Defendants and why it will be sufficient. The FAC arises from two incidents occurring on August 7, 2018. Only the second incident, however, has to do with the Police Defendants. Plaintiff alleges that defendant Torchia, a Tri Delta bus driver, “called the Brentwood Police and falsely reported that [plaintiff] w...
2019.12.6 Motion to Strike 590
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...ainst a long list of its subcontractors and suppliers to this action – some, the Court determined, with good reason; but others, including Villara, not so. The only dispute between Thompson and Villara themselves is Villara's claim to collect what it says is a substantial sum Thompson owes it. The Court, after lengthy inquiry, determined that that claim has no factual connection to the Thompson‐LTC dispute, except that LTC is withholding the ...
2019.12.5 Motion Re Statute of Limitations 059
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.5
Excerpt: ...the Court notes that there seems to be a difference among the parties about the stipulation to the manner in which this issue would be heard. In the Court's recollection, the issue arose because after the Court granted the motion to sever the statute of limitations defense, it inquired about how it would be tried, and whether a jury trial was requested. Plaintiff requested a jury. Defendants urged that there was no factual dispute. All concerned ...
2019.12.5 Motion to Strike 083
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.5
Excerpt: ...n Lafayette. (FAC, ¶¶6, 11.) Defendants acted as a dual agent representing both the plaintiff (buyer) and seller in the transaction. (FAC, ¶¶12‐13.) Plaintiff alleges that defendants represented the lot as “buildable” without any basis, and that plaintiff purchased the lot in reliance on that statement and lack of disclosures. Plaintiff contends that the lot was not buildable, and that he incurred significant damages resulting from his ...
2019.12.5 OSC Re Preliminary Injunction 804
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.12.5
Excerpt: ...aying no role in the foreclosure process. This relief is conditioned on plaintiff posting an undertaking in the sum of $ 1,000.00, on or before December 20, 2019. The basis for this ruling is as follows. A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are moot. Mr. Nejat filed a supplemental declaration on November 14, 2019, and plaintiff has not filed evidentiary objections directed to that supplemental decl...
2019.12.5 Motion for Preliminary Approval of Class Action Settlement 859
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.5
Excerpt: ...e to pay all wages owed upon termination. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The agreement provides a settlement class consisting of truck drivers implied during the Class Period, consisting of 132 persons. A gross settlemen...
2019.12.5 Demurrer 972
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.5
Excerpt: ...physical restraints and seclusion at the Floyd I. Marchus School (“Marchus”). (SAC, Pars. 7, 21– 28.) Student Plaintiffs bring this action through their guardians ad litem against several county‐level defendants and several state‐level defendants. Their guardians also bring their own claim based on their standing as taxpayers (collectively the “Taxpayer Plaintiffs,” and together with Student Plaintiffs, “Plaintiffs”). Marchus is...
2019.12.5 Demurrer 695
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.5
Excerpt: ...ificates, Series 2006‐3 (“Bank of New York”) (collectively, “Defendants”). The Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Robert Peralta, as Trustee of the Beatriz Peralta Revocable Trust (“Plaintiff” or “Peralta”). The FAC alleges causes of action for (1) violations of HBOR (Civil Code §§ 2923.5 and 2923.7); (2) violation of SBOR (Civil Code § 2920.7); and (3) violation of California's unf...
2019.12.5 Demurrer 371
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.5
Excerpt: ...n arbitration award from defendant John L. Valentine. It began with a complaint filed on July 15, 2016 alleging a single cause of action ‐‐ that Valentine had fraudulently conveyed a valuable real property located at 8010 Camino Tassajara in Pleasanton, California (the “Property”) to irrevocable trusts he had set up for his children to avoid paying plaintiff. Later, plaintiff added two causes of action for deceit, the Third and the Fourth...
2019.12.5 Motion for Writ of Mandate 201
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.12.5
Excerpt: ...2020 at 8:30 a.m. in Department 21. Petitioner requests that this Court compel the City of Walnut Creek to reinstate Permit B140273 and the October 9, 2014 revisions without any additional conditions, obligations or impediments. The Court's ruling is only as to Petitioner's claim for a writ of mandate. In October 2018, The Court granted a motion to bifurcate and ordered that the writ proceeding would be heard first, followed by the remaining lega...
2019.3.27 Motion for Leave to File Amended Complaint 191
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.27
Excerpt: ... to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “ ‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048 (even assuming there is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/27/19 ‐ 2 �...
2019.3.22 Motion for Summary Judgment 092
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.22
Excerpt: ...y incorrect. The notice of motion does not state each issue on which summary adjudication was sought as required by CRC 3.1350(b). In addition, the issues identified in the separate statement do not appear to be issues that are appropriate for summary adjudication. (CCP 437c(f)(1) [“A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or ...
2019.3.22 Demurrer 572
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.22
Excerpt: ...o weeks after that date. The first cause of action alleges that Wireless Buybacks failed to defend John Snyder, and later plaintiff as his successor, in the Sprint Action. The Court is now in a better position to assess this argument, after defendants belatedly provided a copy of the original Sprint complaint (although the Court notes that neither side has provided Sprint's first amended complaint). The demurrer to this cause of action is overrul...
2019.3.22 Demurrer 812
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.22
Excerpt: ...ion, and injunctive relief. There are a number of important flaws in these causes of action, both individually and collectively – starting with plaintiff's entire disregard for the rules of pleading claims against public entities, and for the statutory limits on the availability of such claims. The Court need not address each cause of action or each defect separately, however, for there is a single dispositive principle that shows not only that...
2019.3.22 Motioon for Reconsideration 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.22
Excerpt: ...her method such as e‐mail is agreed). Defendant's demurrer is put back on calendar for April 19, 2019, at 9:00 a.m. Plaintiffs' opposition is due on April 5. Defendant's reply, if any, is due on April 12. Plaintiffs file what they caption as a motion for reconsideration under Code of Civil Procedure § 1008. Considered as such, it cannot be granted because of the intervening entry of final judgment. E.g., Safeco Ins. Co. v. Architectural Facade...
2019.3.22 Motion for Appointment of Expert 709
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.22
Excerpt: ... then threw out on anti‐SLAPP grounds. Defendant Shane, seeking the best way to resolve this impasse, proposes that the Court should appoint its own expert surveyor under Evidence Code § 730. Each side has already obtained a professional boundary survey, but the two surveys reach different results. Shane posits this as a “tie‐breaker” survey. The problem is that a neutral survey is not certain to resolve anything. Indeed, frankly, it is ...
2019.3.21 Demurrer 693
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.21
Excerpt: ...lting and Endorsement Agreement (“Agreement”) entered into by Plaintiff Derek Dallas Carr, a professional football player in the National Football League, currently playing quarterback for the Oakland Raiders and Radd3, a software development company. The Agreement, entered into on July 7, 2016, provided Radd3 with the right to use Plaintiff's name, fame, voice, video, photographs, likeness, and any other means of endorsement by Plaintiff to ...
2019.3.21 Motion to Vacate Sister State Judgment 101
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.21
Excerpt: ...elevant Arizona statutes. Petitioner domesticated the judgment in California, as respondents now reside here, by order dated January 14, 2019. (Code Civ. Proc. § 1710.25.) Respondents seek to vacate that judgment. A judgment may be vacated on any ground which would have been a defense to an action in the sister state, and respondents bear the burden of proof by a preponderance of the evidence. (Code Civ. Proc. §1710.40, subd. (a); see Tsakos Sh...
2019.3.21 OSC Re Preliminary Injunction 316
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.21
Excerpt: ...price of $54,714.39. Plaintiffs' lender, Educational Employees Credit Union (EECU), thereafter became concerned when defendants could not produce title to the car. As of June 28, 2018, the date of the complaint, plaintiffs still did not have title to the car. It appears EECU never funded the loan, as defendants now hold the security interest. Defendants ultimately transmitted registration and tags on August 2, 2018. Negotiations ensued about whet...
2019.3.21 Motion to Amend Pleading and Judgment 106
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.21
Excerpt: ...he Court. The order granting the motion was filed on September 26, 2018. Judgment for defendants was also entered on September 26, 2018. Plaintiff filed this motion on February 13, 2019. The motion appears to be based upon Code of Civil Procedure section 473(a) and (b) as those sections are referenced on page 20 of the motion. Code of Civil Procedure section 473(a) applies to amending complaints and does not help plaintiff at this stage in the ca...
2019.3.21 Motion for Change of Venue 548
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.21
Excerpt: ...llectively, “Defendants”) oppose the motion. Procedural background Plaintiff filed a verified Complaint to set aside fraudulent transfer on August 17, 2017 against Defendants Diane Lehman and the Estate of Arnold Lehman, Sr. Defendants filed an answer on December 29, 2017. Plaintiff filed a Petition for Probate in Amador Superior Court on April 2, 2018. RJN Ex. B. Defendants moved to file a second amended answer which was deemed filed as of S...
2019.3.20 OSC Re Preliminary Injunction 166
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.20
Excerpt: ...s ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/20/19 ‐ 17 ‐ A. Evidentiary Matters. A‐1. Judicial Notice. Defendants' request for judicial notice, filed on March 5, 2019, is granted. The Court further takes judicial notice of the full procedural history of plaintiffs' first civil action, as discussed below. (See, Notice of Related Case, filed on 2‐1‐19.) Plaintiffs' objection to ...
2019.3.20 Demurrer, Motion to Strike 891
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.20
Excerpt: ...ntiff Donna Cooper and Plaintiff Tommy G. Cooper (collectively, “Plaintiffs”). The SAC pleads causes of action for (1) violation of Consumer Credit Reporting Agencies Act; (2) slander; (3) libel; (4) intentional interference with prospective economic advantage; (5) negligent interference with prospective economic advantage; (6) declaratory relief; and (7) violation of Bus. & Prof. Code § 17200 et seq. For the following reasons, the Demurrer ...
2019.3.20 Motion for Summary Judgment, Adjudication 956
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.20
Excerpt: ...:40 p.m. At the scene of the accident, Truong immediately complained of pain to her left shoulder and abdomen. (Fact 3 – Undisputed) Truong was taken to the Emergency Department at Defendant John Muir Medical Center in Walnut Creek by paramedics. Plaintiff complained of pain to her abdomen, left shoulder, neck and low right lower quadrant. (Fact 4 – Undisputed) Truong was seen in the Emergency Department by Eric Kenly, M.D. and trauma surgeon...
2019.3.15 Motion to Strike Complaint 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.15
Excerpt: ...raud‐based counts in the original complaint, holding that a claim of fraud in connection with a medical malpractice case is legally viable only if it is alleged that the defendants actually knew of the falsity of the statements they allegedly made. The Court allowed leave to amend to allow plaintiff to make that allegation, if he could. He has now done so, alleging expressly that “Defendant Toma knew the ‐ 8 ‐ representations were false w...
2019.3.15 Motion for Judgment on the Pleadings 862
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.15
Excerpt: ...or the Court's ruling on the merits. Defendant attaches certain bankruptcy documents in support of two propositions: (1) that plaintiffs and defendants have agreed to the figure for the loan balance as of the date of sale, and; (2) that certain issues were litigated in bankruptcy court in December 2018 and January 2019, and should not be relitigated here. The first proposition is moot, because plaintiffs again stipulate to the loan balance in the...
2019.3.14 Motion to Strike Prayer for Punitive Damages 403
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.3.14
Excerpt: ...bd. (c) (1).) So “absent an intent to injure the plaintiff, ‘malice' requires more than a ‘willful and conscious' disregard of the plaintiffs' interests” and must include despicable conduct. (College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) A defendant must have been aware of the probable dangerous consequences of his conduct, and willfully and deliberately failed to avoid those consequences. (Mock v. Michigan Mille...
2019.3.14 Motion for Summary Judgment 153
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.14
Excerpt: .... Its motion for summary adjudication of the second cause of action for declaratory relief is granted in part and denied in part. The requests for judicial notice are denied as unnecessary. The Court need not judicially notice its own files, but appreciates receiving copies of relevant documents. I. Background Plaintiff San Luis Obispo County Flood Control and Water Conservation District (District) hired defendant A. Teichert & Son, Inc. (Teicher...
2019.3.13 Motion for Judgment on the Pleadings 307
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ...iff Manijeh Peyvan alleges the accident occurred on N. Civic Center Drive at Brio Drive in Walnut Creek. Defendant Shabir Ahmad operated the motor vehicle involved in the collision. Plaintiff alleges the vehicle operated by Defendant was owned/entrusted by EAN Holdings, LLC and Enterprise Rent‐a‐Car of San Francisco, LLC. Pursuant to Cal. Code of Civil Procedure (“CCP”) § 438, Defendants move for judgment on the pleadings on the ground P...
2019.3.13 Motion for Judgment on the Pleadings 035
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ... for the writ of mandate will be continued from Monday, March 25, 2019, at 9 a.m., to Wednesday, March 27, 2019, at 1:30 p.m., in this Department. 2. The parties are each permitted to file one final brief before the March 27th hearing, not to exceed fifteen pages in length. The briefs should address why or why not a writ should be issued, making sure to cite the pages in the administrative record that support the arguments. The parties should not...
2019.3.13 Demurrer 701
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ...er compensation for allegedly working out of classification from June 15, 2017 until September 18, 2017. (Amended Petition, paragraph 74) Mark Peterson (“Peterson”) resigned as District Attorney on June 14, 2017. (Amended Petition, paragraph 67) Petitioner contends that he discharged the duties of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/13/19 ‐ 8 ‐ District Attorney, “with like authority and ...
2019.3.13 Motion to Amend Complaint 077
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.3.13
Excerpt: ...ause of action for dangerous condition of public property against Contra Costa County. The motion is granted. “The court may . . . , after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” (Code Civ. Proc. § 473.) “[I]t is a rare case in which ‘a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his ca...
2019.3.11 Demurrer 386
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2019.3.11
Excerpt: ...hat the Premium Agreement that she executed with Cross‐Defendant BBBB Bonding Corporation dba Bad Boys Bail Bonds is a “consumer credit contract” pursuant to § 1799.90. In her FACC she alleges that “[t]he Premium Agreement is a consumer credit contract within the definition of Civil Code section 1799.90(a)(4).” The opposition, however, argues that the Premium Agreement is a consumer credit contract pursuant to both subsection (a)(4) an...
2019.3.11 Motion to Strike 386
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2019.3.11
Excerpt: ...ium agreements (as well as the prayer for injunctive relief and for attorneys' fees) should be stricken. For the following reasons, the motion is denied. As a threshold issue, the Court declines to take judicial notice of the unpublished case Sanai v. Corelogic Info. Res. (October 16, 2018) 2018 Cal.App. Unpub. LEXIS 7023. California Rules of ‐ 5 ‐ Court Rule 8.1115(a) prohibits the Court (and parties) from citing or relying on opinions not c...
2019.3.1 Demurrer 150
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.1
Excerpt: ... Amended Complaint by April 2, 2019. First Cause of Action (Civil Code §§ 2923.5, 2923.55). Leaving aside the question of which of these two statutes applies (one being on the books in 2018, the other in 2019), the only violation alleged is that Select did not give plaintiff notice that he could request various documents. The allegation of harm to plaintiff resulting from this lack of notice is in ¶ 16(a)(1): “The failure to provide Plaintif...
2019.3.1 Motion for Monetary and Other Sanctions 422
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.1
Excerpt: ...ed not to disclose or retain any social media content not directly relevant to whether or not plaintiffs were engaged in BHO manufacturing. Seterus must refrain from reviewing any particular content any further than is reasonably required to ascertain whether it is responsive. This case arises from a tragic explosion occurring during plaintiffs' uncle's manufacture of butane honey oil, in which plaintiffs were badly burned. They assert premises l...
2019.3.1 Motion for Reconsideration of Order Sustaining Demurrer 862
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.1
Excerpt: ...rious defects. The third page of the notice of motion, presumably containing a statement of the relief requested and the signature block of plaintiffs' counsel, is missing. The opening memorandum is 20 pages long, without leave of court and without a table of authorities. (CRC 3.1113(d) and (f).) The deposition excerpts submitted with the reply papers are set out within the text of counsel's declaration, rather than in the manner prescribed by th...
2019.3.1 OSC Re Preliminary Hearing 370
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.1
Excerpt: ...d he wants them to be part of the record in this case, he must immediately serve and file them. In these lodged papers, plaintiff complains that the Opposition was not served on him by email or fax and that he wants additional time. However, the file does not reflect any order requiring service by email or fax. Therefore, under Code of Civil Procedure § 1005(c), service by overnight delivery was sufficient. Furthermore, Code of Civil Procedure �...
2019.3.1 Motion for Attorney Fees 322
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.3.1
Excerpt: ...s detailed at length in the Court of Appeal's first ruling, of August 23, 2017. To make a long story short, in 2007 the County (specifically the Department of Conservation & Development, Building Inspection Division – hereinafter DCD) issued two Notices To Comply to petitioner homeowners, asserting that there were permitting problems with their use and occupancy of two adjoining properties in Oakley. The DCD never proceeded with any administrat...
2019.2.28 Petition to Disqualify Insured's Appraiser 844
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.28
Excerpt: ...aims adjuster and/or the attorneys representing CSAA on this claim that he had sued CSAA on June 7, 2017 as an assignee of a breach of contract and insurance bad faith claim of another insured, Sui. CSAA further argues that it brought this petition at the first reasonable opportunity after those CSAA employees and agents learned of the non‐disclosure, and that the Sui/Pearson lawsuit against CSAA would cause a reasonable person, aware of all th...
2019.2.28 Motion to Set Aside Default 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.28
Excerpt: ... the default was entered, but it was rejected. Code of Civil Procedure section 340.41 (a)(2) states, “If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under pe...
2019.2.28 Motion to Expunge Lis Pendens 106
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.28
Excerpt: ...oldings, but Parcel B was sold. When Parcel B was sold, it was made subject to certain easements: a Landscape Easement, which gives 956 Holdings, as the owner of Parcel A, the right to control landscaping (including fencing) within a defined portion of Parcel B. In addition, a Sewer Line, with an authorizing easement, runs through Parcel B, serving Parcel A, and connecting to the main sewer line on the west side of Parcel B. The owner of Parcel B...
2019.2.28 Motion for Judgment on the Pleadings 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.28
Excerpt: ...tute a cause of action. For the foregoing reasons, the motion is denied in its entirety. Facts Alleged in the Complaint The parties entered into an agreement for the purchase of a show quality female standard schnauzer puppy for $2,500. (Complaint ¶ 6.) On June 9, 2017, plaintiffs paid a non‐refundable deposit of $1,000 and understood that they would have to pay the remaining $1,500 to take possession of the puppy. (Complaint ¶ 6.) On May 2, ...
2019.2.28 Demurrer 001
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.28
Excerpt: ...y plaintiff alleges. (See Gov. Code §§ 815, 818.8; see also Masters v. San Bernardino County Employees' Retirement Association, (1995) 32 Cal.App.4th 30, 42‐43.) Plaintiff Valerie M. Brown alleges that she was misinformed as to the requirements for taking a lump‐ sum rollover of her 30‐year accrued retirement as an employee of the Alameda Court. She alleges that she was told the process for calculating her final retirement benefit would t...
2019.2.27 OSC Re Preliminary Injunction 287
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ...“Defendants”). Plaintiff filed a First Amended Complaint on November 21, 2018 as well as an ex parte application for temporary restraining order. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) set aside trustee sale; (2) cancellation of trustee deed; (3) quiet title; (4) breach of oral contract; (5) breach of written contract; (6) wrongful foreclosure; (7) promissory estoppel; (8) negligence; (9) negligent...
2019.2.27 Motion to Strike 995
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ... of his employment with Mr. Copy, Inc., an insured of Plaintiff Hartford Accident & Indemnity Company. Plaintiff‐in‐Intervention James H. Stehr (“Plaintiff” or “Stehr” herein) was injured on November 25, 2014, when his car was struck from the rear by Defendant Judith Lindsay. The car striking Stehr was co‐owned by Defendants Judith Lindsay and Ladd Lindsey. Stehr filed his complaint for damages, including punitive damages, on March ...
2019.2.27 Motion for Judgment on the Pleadings 221
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ...e in a row that Plaintiff's opposition has failed to include a table of contents and authorities despite submitting a memorandum that is over 10 pages. (See, CRC 3.1113(f). The Court pointed this failure out in its ruling on the doctor defendants' demurrer to the SAC. It is perplexing that Plaintiff's attorney continues to violate this rule. Any further violations of this rule or other applicable Rules of Court may result in sanctions. Before fil...
2019.2.27 OSC Re Preliminary Injunction 487
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.27
Excerpt: ...MENT: 21 HEARING DATE: 02/27/19 ‐ 15 ‐ (collectively, TPP) could purchase and develop real property at 2 Ramon Court in Danville. TPP had acquired some funding from defendant Triumph Capital Properties, but Triumph could not fund the entire amount. So TPP made a written offer to Polgar whereby Polgar would fund the bridge loan in return for a 51% interest in the property. Polgar agreed and entered into a related partnership agreement with TPP...
2019.2.22 Motion to Set Aside Dismissal 429
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...or June 1, and the order after hearing was filed on June 29. The Court noted then that plaintiffs and their then‐counsel, Mr. Boasberg, had entirely ceased participating in the case, including their failures to respond to discovery, to obey several orders compelling discovery responses, to pay court‐ ordered sanctions, and to oppose the terminating‐sanctions motion. It later transpired that Boasberg was suspended, and then disbarred. That w...
2019.2.22 Motion for Summary Judgment 084
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...entify each cause of action or issue on which they seek summary adjudication as required by CRC 3.1350(d). The separate statement does not follow the format requirements set forth in CRC 3.1350(h). In addition, the separate statement does not cite to specific evidence following each fact. Instead, each fact is followed by citations to the entire declaration of Athan Magganas and the complaint. No specific paragraphs in the declaration or complain...
2019.2.22 Motion for Stay of Action or Stay of Discovery 469
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ... a formal stay of the case because of Fifth Amendment concerns. They note that Mr. Martin has been charged with a felony arising from the same alleged facts. They further note that while Ms. Martin has not been charged, the complaint accuses her of potentially criminal acts, with which she could still be charged. This kind of problem is usually handled at Case Management Conferences rather than by formal motion. Plaintiffs have not opposed the mo...
2019.2.22 Motion for Protective Order and Return of Docs 289
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...ndant company (Garaventa Enterprises, or GE), but concerned about his position there. He asked GE's general counsel, Bonnifield, who told him that he was an at‐will employee. Colvis then met with attorneys from the Downey Brand firm, his present litigation counsel. At issue on this motion is the e‐mail traffic from that 2015 consultation, which occurred between Downey Brand attorneys and Colvis's work e‐mail address at GE. In 2018 GE and it...
2019.2.22 Motion for Preliminary Injunction 592
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ... filings. (See CRC 3.1110(f).) The numerous exhibits to the Complaint, the Ex Parte Application, and the Reply are all untabbed. This has caused the Court's staff considerable inconvenience.  RJN. Defendants' unopposed request for judicial notice of recorded documents is granted.  Reply. The Court has exercised its discretion to consider plaintiff's reply papers, despite their being filed one court day late. Plaintiff is directed to comply ...
2019.2.22 Demurrer, Motion to Strike 005
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...hs 6‐8, 13, 129, 150, 152, and 153, because they contain improper allegations against these individuals. That portion of the motion is denied, because these allegations remain proper to support claims against defendant on an agency theory. 3. TIME: 9:00 CASE#: MSC16‐01005 CASE NAME: BRENNON B. VS. WCCUSD HEARING ON DEMURRER TO 2nd Amended COMPLAINT FILED BY WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, et al. * TENTATIVE RULING: * Defendant scho...
2019.2.21 Motion to Set Aside Order 174
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.21
Excerpt: ...standing discovery by December 11, 2017, awarded sanctions of $1,050 against Dees for his failure to respond to discovery and it ordered that the Requests for Admission were deemed admitted. Defendants ask this Court to set aside the Discovery Order based upon extrinsic mistake. Defendants explain that in order to set aside this order, they must show: “ ‘ “First, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DA...
2019.2.21 Motion for Preliminary Approval of Class Settlement 307
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.21
Excerpt: ..., the risk of meaning class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to the proposed settlement.” Because this matter also proposes to settle PAGA claims, the Court also must consider the criteria that apply under that statute. The Legislature's express co...
2019.2.21 Demurrer, Motion to Strike 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.21
Excerpt: ...igence. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests judicial notice of several facts regarding his previous representation of Plaintiff as well as individual docket entries regarding case nos. C94‐03923 and C13‐01476. Though unclear, Plaintiff appears to object to this request. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the ...
2019.2.21 Motion to Sever or Bifurcate Issues at Trial 713
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.21
Excerpt: ... bifurcation. The standard of review on a tax refund case under Rev. & Tax. Code Section 5140 confines the court to the administrative record, whether the issues are factual or legal in nature. When a taxpayer claims a valid valuation method was applied improperly, the court may overturn the assessment appeals board's decision only if there is no substantial evidence in the administrative record. See California Minerals, L.P. v. County of Kern (2...
2019.2.21 Application for Determination, Motion for Terminating Other Severe Sanctions 101
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.21
Excerpt: .... Respondent relies on White v. Ultramar (1999) 21 Cal.4th 563. Petitioners claim that White does not apply, because its discussion of whether a person is a managing agent is for purposes of the defendant's liability for punitive damages under Civil Code section 3294(b). The Court has found no authority specifically addressing whether the White test applies under Code of Civil Procedure section 1987(b). The language “officer, director, or manag...
2019.2.20 Demurrer 931
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...of action on the terms stated below or as requested on page 5, lines 9‐14, of his Opposition. If plaintiff chooses to amend, any amended complaint shall be filed and served on or before March 1, 2019. If plaintiff does not amend, defendant Raymundo shall file and serve her Answer on or before March 15, 2019. The SAC alleges the following. On February 27, 2010, defendant, Melissa Raymnudo, signed and subsequently recorded a Memorandum of Option ...
2019.2.20 Motion for Change of Venue 577
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...a County. Because plaintiffs allege the existence of a settlement agreement that contains a provision selecting Alameda County as the proper venue, the motion is granted. Code of Civil Procedure section 395.5 provides the possible venue options for an action against a corporation: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occu...
2019.2.20 Motion to Amend Judgment to Correct Clerical Errors 581
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...nctions.” The motion is granted to the extent described below. The motion has two parts. The court will address the Discovery Order part first. 1. Discovery Order filed September 19, 2018. Code of Civil Procedure section 473 (d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of ...
2019.2.20 Motion for Summary Judgment, Adjudication 231
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...ship on the property at 1125 Detroit Avenue. At the time of the incident, plaintiff also leased 1121 Detroit Avenue, which he now owns. Both were used as part of plaintiff's business. At some point in 2016 (the record is unclear), Donald White parked a trailer on defendant's property and lived in it. On June 18, 2016, at around 8:00 p.m., a fire broke out from this trailer, damaging both properties and two vehicles. Both businesses were closed fo...
2019.2.20 Demurrer 057
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ...ch 22, 2019. The basis for this ruling is as follows. A. Preliminary Matters. The exhibits to the declaration of Hooman Yavi, filed on November 26, 2018, are not CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/20/19 ‐ 9 ‐ tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) Cross‐defendant is directed to tab its exhibits in all future filings. Despite the efforts of cross‐defendant's counsel, cross�...
2019.2.20 Motion for Interlocutory Judgment of Partition 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.20
Excerpt: ... October 22, 2013. According to his will and court order of June 17, 2014, his estate was to be divided among his three adult sons—John H. Quihillalt, Richard R. Quihillalt, and David E. Quihillalt. Plaintiff John Quihillalt, and Defendants David E. Quihillalt, Richard R. Quihillalt, and Sandra Millard are co‐owners of real property located at 3220 Camino Diablo, Lafayette, California. The property is made up of three separate tax parcels. (A...
2019.2.15 OSC Re Preliminary Injunction 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.15
Excerpt: ... First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have been successfu...
2019.2.15 Motion to Strike or Tax Costs 282
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.15
Excerpt: ... ‐ recover all her post‐offer costs, and her reasonable expert witness costs incurred after the offer. The Court rejects plaintiff's assertion that the § 998 offer was not made in good faith. Plaintiff attempts no serious factual showing that the expert witness fees incurred were unreasonable. This was an expert‐intensive case. Plaintiff made a six‐figure § 998 offer of her own, and asked the jury to award a seven‐figure verdict. Plai...
2019.2.15 Demurrer 072
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.15
Excerpt: ...so named as a defendant. Several of the complaint's causes of action are asserted only against the employee defendants (Demeter, Milton, and Herrero), and those causes of action have not been demurred to. With one exception, the Court sustains the employee defendants' demurrers to all challenged causes of action, with leave to amend, for the same reasons stated on Guaranteed's demurrer (Line 6). The exception is the 11th cause of action, for “i...
2019.2.14 Motion for Preliminary Injunction 048
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.14
Excerpt: ...on (“LAFCO”) from dissolving the District without confirmation of voters as required by Government Code section 57077.1(b)(2)(A)(II). Petitioner/Plaintiff District alleges LAFCO has voted to dissolve the District without confirmation of the voters even though the District has obtained more than the number of valid protest signatures. The motion is made on the grounds the District requires adequate time and reasonable access to the protests to...
2019.2.14 Demurrer 928
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.14
Excerpt: ...on or before March 13, 2019. However, Alameda County is also granted leave to amend its allegations regarding actual receipt of the Notice of Violation by Angela Calvillo or to better allege any claim of a continuous or repeated nuisance even after the incident of February 21, 2017. As to the latter claim, Alameda County may state such claim within the nuisance counts currently alleged or as one or two new standalone counts. If Alameda County ele...
2019.2.14 Motion for Summary Judgment 937
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.14
Excerpt: ...: 1) the Wood Destroying Pests and Organisms Report (Termite Report); 2) the Roof Inspection Report, for which Specialty hired a third party (Roof Report); and 3) the Property Inspection Report (Property Report). After receiving the reports, plaintiffs closed escrow on May 21, 2014. According to plaintiffs, when their remodeling contractor, John Corbett, viewed the property to begin work, he saw major problems. Though the Termite Report did docum...
2019.2.13 Motion for Summary Judgment, Adjudication 021
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ...m. A‐1. The Written Contracts. Plaintiff Cypress has failed to negate the existence of a triable issue of fact concerning the $ 150,000 bond premium it seeks to recover as breach of contract damages. There is no contractual language, either in the master contract or in the three subject purchase orders, suggesting that such a premium can fairly be characterized as part of the “price” to be paid for the subject solar modules. (See, Cal. U. C...
2019.2.13 Motion to Strike 685
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ...ince defendant has never been convicted of a felony. Further, reference CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/13/19 ‐ 7 ‐ to criminal conduct involving theft is not pertinent to the cause of action because the particular risk complained of here is sexual harassment, not theft. See Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054. To the extent plaintiff suggests that she would like to introduce...
2019.2.13 Demurrer 107
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ... is not pled with particularity against Foshay. From the Complaint, it is clear that Plaintiff entered into a written purchase order for commercial solar modules with Defendant Kodiak Moon Corporation (“Kodiak Moon”). The material terms of the purchase order were: that Kodiak Moon would supply Plaintiff with 2,664 units of SPR‐E19‐ 320w Sunpower Modules at a cost of $192.00 per unit, for a total price of $511,488.00. (Cmplt, paragraph 11 ...
2019.2.13 Demurrer 327
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.13
Excerpt: ...that remain in the TAC on or before March 13, 2019. If there is a further meet and confer, defendant shall state specifically whether the meet and confer occurred in person or by telephone, pursuant to CCP § 430.41 (a) and (a)(3)(A). This is a case involving damage caused by a fire that started in the City of Antioch's Los Medanos Spillway and Wasteway (the “Wasteway”) and spread to property owned by plaintiff's insured, Roem Corporation. Ro...
2019.2.11 Demurrer 496
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2019.2.11
Excerpt: ...shall file and serve an answer by February 25, 2019. Defendant demurs to the first cause of action for Intentional Infliction of Emotional Distress and the second cause of action for Negligent Infliction of Emotional Distress as to all plaintiffs and demurs to the entire SAC as to Plaintiff Richard Stritt. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 02/11/19 ‐ 3 ‐ IIED (cause of action one) The Court previous...
2019.2.8 Motion to Strike 052
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...be brought to strike any “irrelevant, false, or improper matter inserted in any pleading”. (Code of Civil Procedure § 436.) When ruling on a motion to strike, a court applies the same rules as applicable to a demurrer: The court may consider only matters shown on the face of the complaint or of which it may take judicial notice. (Code of Civil Procedure § 437(a); see Circle Star Center Associates, L.P. v. Liberate Technologies (2007) 147 Ca...
2019.2.8 Petition to Compel Arbitration 610
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...s are directed to tab their exhibits in all future filings. (See CRC 3.1110(f).) Respondent's RJN. Respondent's request for judicial notice is granted. Res Judicata. The present petition is barred by res judicata. (See petitioners' Exhibit 2 [8‐1‐18 order denying arbitration in Case No. N18‐0674].) Prior orders denying arbitration must generally be given res judicata effect. (See Lounge‐A‐Round v. GCM Mills, Inc. (1980) 109 Cal.App.3d 1...
2019.2.8 Motion to Strike 740
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ... ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least ‘minimal merit.' [Citations.]” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1061.) Background On August 29, 2018, Plaintiff Paul Hantke as trustee of the Alex W. Hantke Survivor's Trust (“Hantke”) filed a lawsuit against R...
2019.2.8 Demurrer 209
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...e § 338(a).) It requires the defendant to have “engaged in a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff.” (Civ. Code § 1708.7(a)(1).) To establish this element, the plaintiff “shall be required to support his or her allegations with independent corroborating evidence.” (Id.) Plaintiff pleads actions in 2016 and 2017 that, if proven, would support a stalking claim within...
2019.2.8 Motion for Determination of Good Faith Settlement 800
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ... they have seen in the settlement agreement has affected their Opposition. On or before March 1, 2019 the moving parties may file and serve a Supplemental Reply Brief responding to the Supplemental Opposition Brief. None of the supplemental briefs may exceed three pages. This case concerns an alleged failure to disclose problems affecting a house in Alamo that plaintiff purchased. Plaintiff filed suit on August 31, 2018, and a first amended compl...
2019.2.8 Motion for Summary Judgment, Adjudication 570
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...rty at issue. CDC sent an e‐mail giving notice of its intention to contest the tentative, raising several issues addressed in the briefs and the tentative. (That's not a criticism of CDC; that's what contesting a tentative is for.) At the actual hearing on January 18, however, CDC chose not to go into any of the points mentioned in its e‐mail. Instead, it raised an argument it concededly had not mentioned at all in CONTRA COSTA SUPERIOR COURT...
2019.2.8 Motion to Quash Service of Summons 209
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...tice are unopposed and granted. Defendant must file and serve an answer within 30 days. Plaintiff argues that personal jurisdiction exists for two reasons. First, defendant appeared at a case management conference and a restraining order hearing. (Code of Civil Procedure § 410.50(a) [general appearance is equivalent to personal service].) Second, defendant satisfies the “minimum contacts” required for California jurisdiction based on purpose...
2019.2.7 Motion for Summary Adjudication 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.2.7
Excerpt: ...se of Action for Reformation in the Second Amended Complaint, pursuant to CCP § 437c and CRC, Rule 3.1350. Plaintiffs seek reformation of the First Amendment to the Operating Agreement of 400 Taylor Holdings, LLC as to 50% ownership of 400 Taylor Holdings, LLC. “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judg...
2019.2.7 Demurrer 595
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.7
Excerpt: ...) I. Prior Good Faith Settlement Determination EBMUD once again argues that the good faith settlement in the consolidated actions does not bar this case. In its good faith order, the Court stated: “[Sharjo] is entitled to the fullest protection afforded by Code of Civil Procedure section 877.6(c).” (March 21, 2017 Good Faith Settlement Order in Consolidated Case No. C15‐01227 [Order], p. 1.) The Court declined at the time to rule on the ind...
2019.2.7 Motion for Judgment on the Pleadings 197
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.7
Excerpt: ...icizing the doctrine, Witkin notes, “so long as the rule remains, however, it seems wise to avoid the detailed form of specific denials and use the simpler methods of specific denial by paragraphs or parts,” while noting that such denials “will not always be safe.” (See also Weil & Brown California Civil Procedure Before Trial (2018) Par. 6:421 [p. 6‐128].) At least one reported case, however, refused to apply the doctrine mechanically,...
2019.2.7 Motion to Strike Complaint 093
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2019.2.7
Excerpt: ... of petition or free speech under the United States Constitution or California Constitution in connection with a public issue.” See CCP Section 425.16(b)(1) The claim may appear in a complaint, petition or cross‐complaint. See CCP Section 426.16(h); Kajima Engineering & Construction, Inc. v. City of Los Angeles (2002) 95 Cal.App.4th 921, 929. Here, the Cross‐Complaint of Defendant/Cross‐Complainant, Justin Mendoza, (“CrossComplainant”...
2019.2.4 Motion for Summary Judgment 256
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2019.2.4
Excerpt: ... out of a restaurant building fire. The owner of the building, Frangieh, and the owner of the restaurant, Guistomangia, Inc., were both insured. Frangieh was insured by National Surety Corporation. National Surety paid damages as a result of the fire and is subrogated to the rights of Frangieh. Guistomangia was insured by Golden Eagle Insurance Corporation. Golden Eagle paid damages as a result of the fire and is subrogated to the rights of the G...
2019.2.1 Demurrer 860
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ...ts have not filed an answer as to the other causes of action, they shall file and serve such answer on or before February 15, 2019. This case arises out of plaintiff's claim that defendants rented her uninhabitable premises at 1300 Roosevelt Ave., #420, Richmond, an apartment complex known as The Hacienda. General Rules Applicable to Claims against Public Entities California public entities are liable only as provided by statute. (Eastburn v. Reg...
2019.2.1 Motion for Preliminary Injunction 210
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ... negotiate toward a possible resolution. This time there has been no stipulation. Neither, however, has defendant filed any opposition to the motion for preliminary injunction. Repeated calls to the attorneys have given no better information. Plaintiffs' counsel has stated simply that the matter is going forward, and defendant's counsel has not responded to messages. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING ...
2019.2.1 Motion for Reconsideration 849
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ...he forum for the original evidentiary hearing, that would properly qualify as new and different facts under § 1008 only if there were a showing why this fact could CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING DATE: 02/01/19 ‐ 7 ‐ not have been adduced at the evidentiary hearing. But as it stands, the newly adduced fact is not properly before the Court at all, because it would not show what DMV would have ne...
2019.2.1 OSC Re Preliminary Injunction 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ...vailing on the First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have ...

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