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2023.09.14 Motion to Approve PAGA Settlement 934
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...violations during the period of the initial COVID emergency'. After a demurrer was sustained to part of plaintiff's claim, her first amended complaint focused specifically on allegations that defendant unlawfully required employees to exhaust personal leave time before taking COVID-related sick time as authorized by emergency' statutory provisions. The total settlement payment is Out of this is to come attorney's fees of $41,667 (onethird of the ...
2023.09.14 Motion for Summary Judgment 142
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.14
Excerpt: ...aratory and Injunctive Relief and for Attorneys Fees. PG&E moves pursuant to Code of Civil Proc:edure S 437c on the grounds that the Second Amended Pettion challenging the Letter Agreement for Tree Removal is moot given the United States Bankruptcy Court's order rescinding and voiding the challenged Tree Removal Agreement. For the following reasons, the Motion is granted. Request for Judicial Notce PG&E requests judicial notice of several State a...
2023.09.14 Motion for Final Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...eliverable. No objections out have been received, and only one class member has opted out. The motion is granted. B. Background and Settlement Terms The original complaint was filed on October 5, 2021. A PAGA claim was added by later amendment. The settlement will create a gross settlement fund of The class representative payment to the plaintiff will be $7,5W. Attorney's fees will be $130,WO (one-third of the settlement). Litigation SUPERIOR COU...
2023.09.14 Motion for Final Approval of Class Action and PAGA Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...ts were returned by the post offce. Follow up resulted in 27 new addresses, leaving 7 nondeliverable. No objections have been received; there have been 4 valid opt-out requests. The motion is granted. A. Background and Settlement Terms Defendant is in the business of developing and selling life science research and clinical diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 ...
2023.09.14 Motion for Approval of Representative Action Settlement 762
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...und of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for unpaid off-the-clock time and untaken or shortened rest and meal breaks. This case was first filed by Iraheta on April 19, 2021 as a...
2023.09.14 Motion for Summary Judgment 179
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.14
Excerpt: ...Jr. Defendants were served with a three-day notice to vacate the property on April 27, 2022. The Defendants have failed to vacate and unlawful detainer proceedings were filed on May 12, 2022. PL has brought a motion for summary judgment based on the pleadings, asserting that PL is entitled to summary judgment because there is no issue of triable fact regarding the unlawful detainer. Defendants object, asserting that they are tenants of the proper...
2023.09.13 Motion for Judgment on the Pleadings 867
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...tradeline on his credit report in September 2020, Plaintiff Terrence Brewer filed his original complaint on April 30, 2021. That complaint contained six causes of action brought under the Investigative Consumer Reporting Agencies Act (Civ. Code S 1786 et seq.) ("ICRAA") and the Consumer Credit Reporting Agencies Act (ld., S 1785.1 et seq.) ("CCRAA"). On August 18, 2022, Experian filed a Motion for Judgment on the Pleadings as to all six causes of...
2023.09.13 Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...all serve and file notice of entry of order. Plaintiffs have 30 days from written notce of entry in which to amend. Defendants have 30 days from service of an amended complaint in which to respond. Background and Allegations Plaintiffs Kenneth Angley and Shirley Angley filed this medical malpractice action on January 26, 2023. Plaintiff Kenneth Angley suffered a stroke on April 26, 2022 after which he presented to John Muir Medical Center for tre...
2023.09.13 Demurrer to SAC 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...nt contends that the SAC fails to allege facts sufficient to support each case of action (CCP S 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP S 431.10(f).) Defendant's Request for Judicial Notce is granted. (Cal. Evid. Code S 452 Plaintiff filed an "Opposition to Defendant's Reply to Opposition to Demurrer to SAC" on September 5, 2023. No 'sur-reply' was authorized by the Court. Further, Plaintiff cites no authority...
2023.09.13 Motion for Attorney Fees 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ... reasonable and necessary. As outlined the Court will reduce the fees by $28mo, awarding National fees in the amount of $123,621.50. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 The Court finds that National's time entries reflect duplicative and/or excessive billing with respect to the preparation of the demurrers and reviewing the complaints....
2023.09.13 Motion for Leave to File FACC 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...otion for summary judgment, or in the alternative, summary adjudication is continued to a.m. on September 20, 2023 #nding the filing of the FACC in accordance with this ruling. Background LH Concord Property, LLC and Andy Lin filed their original cross-complaint against Carlos and Susan Echegaray alleging causes of achon for declaratory relief, indemnification based on equitable indemnity, and apportionment of fault. Cross-defendants the Echegara...
2023.09.13 Motion to Compel Insurance Appraisal 928
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ... Ramon was destroyed by a fire in December 2020. Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy that insured the residence for loss caused by fire. Plaintiffs mcwe for an order compelling Safeco to participate in an SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 insurance appraisal to establish the value of t...
2023.09.13 Motion to Strike Amended Complaint 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...ing of any such 'sur-reply'. As such, the Court will not consider Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 additional, unauthorized filing. Defendant's Motion to Strike is granted. Factual Allegations See discussion line 2. Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of moton...
2023.09.13 Motion to Strike, for Attorney Fees 171
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...4 to 2023. Plaintiffs have sued Defendants for (1) negligence, (2) wrongful eviction, (3) premises liability, (4) breach of the implied covenant of quiet use and enjoyment, (5) intentional infliction of emotional distress and (6) retaliation. The complaint alleges that Defendants failed to maintain the property in a habitable condition and failed to make repairs after Plaintiffs requested them. (Comp. 11 and 12.) he complaint also alleges that De...
2023.09.11 Motion to Disqualify Counsel, for Protective Order and Sanctions 066
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.11
Excerpt: ...on for a protective order is granted as discussed below. The request for sanctions is granted as discussed below. Counsel for all parties required to appear. Factual Background This Moton relates to actions taken by Plaintiff's Counsel in obtaining documents from third-party Heritage Bank of Commerce ("Heritage"), which Defendants claim were unethical and done in contravention of the procedures set forth in the Code of Civil Procedure. On June 9,...
2023.09.11 Motion to Bifurcate 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.11
Excerpt: ...located 25 Arlene Lane, Walnut Creek, California 94595 ("the Property"). Plaintiff Bryan Kappel, Jane Kappel's son, has resided at the Property at all relevant times. On May 28, 2019, Plaintiffs filed this action against Defendant Contra Costa Sanitation District ("Central San") for Dangerous Condition of Public Property (Gov. Code 5835), Nuisance (Civ. Code S 3479, et seq.), and Inverse Condemnation (Cal. Const., Art. l, S 19), related to a sani...
2023.09.07 Motion to Strike FAC, Demurrer 357
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.07
Excerpt: ...C and the prayer for relief on the grounds that "the language arises out of inadmissible settlement communications." For the following reasons, the motion is denied. Legal Standard Code of Civil Procedure ("CCP") S 436 provides: The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike ou...
2023.09.07 Demurrer to SAC 193
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.07
Excerpt: ...ve Trust (Civ. Code S 2224); (5) Adverse Possession; (6) Fraud (Promise without intent to perform); (7) Breach of Contract (Damages); (8) Breach of Contract (Rescission); (9) Financial Elder Abuse (Welt & Inst. Code S 15610.30); (10) Trespass (Intentional Tort). Defendants demurrer to all the causes of action set forth in the SAC on various grounds. First, they contend that all causes of action (except CoA 5 — Adverse Possession) are barred by ...
2023.09.07 Demurrer 459
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.07
Excerpt: ...t. Any amended complaint shall be filed and served on or before September 18, 2023. Meet and Confer Defendants' declaration documenting efforts to meet and confer is insufficient in that it fails to indicate the "means by which" defendants met and conferred with the plaintiff and whether such efforts were "in person or by telephone." (Code Civ. Proc., S 430.41 (a) and (a)(3)(A).) However, failure to meet and confer in compliance with the statute ...
2023.08.31 Motion for Judgment on the Pleadings 665
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ... including the Statement of Decision dated November 16, 2022, the Notce of Appeal filed on January 3, 2023, the Notice of Related Cases filed on August 18, 2023 (including this case), and the minute order dated August 22, 2023. Based on these documents, the Court implements a stay and sets a status hearing for January 24, 2024 at 8:30 a.m. in this Department. On that date, assuming this case is still pending, parties are requested to appear and u...
2023.08.31 Demurrer 336
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...ained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (First Amended Complaint, labeled "Amended Complaint" ("FAC") 10, 11. 16, 17.) He alleges he suffered prolonged or permanent damage to his trigeminal nerve which has caused "severe, debilitating, life-long pain." (FAC 13.) He asserts the injections were negligently administered and that he w...
2023.08.31 Demurrer to FAC, Motion to Strike 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...hat all parties have captioned their papers as if Midstate were the only cross-defendant on this cross-complaint (which was true on Fryer's original crosscomplaint). In fact, there are two other cross-defendants here, both of which have answered. Demurrer Standards A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent...
2023.08.31 Motion for Approval of PAGA Settlement 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...t a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for violations concerning missed meal breaks, rest breaks, and second meal breaks for long shifts. This case was first filed on June 17, 2021, as a PAGA action (not a class action). The total sett...
2023.08.31 Motion for Summary Adjudication 904
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...ction for breach of contract and breach of the implied covenant of good faith and fair dealing, respectively. Defendant's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (b), (c).) Plaintiff's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452(h).) For the following reasons, Defendant's MSA is granted in part and denied in part as explained below. Factual Background This matter pertains to work perfo...
2023.08.31 Motion for Leave to File FAA 972
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...o be substantively the same — as are the oppositions thereto. As such, the Court will rule on the Motions as a whole. The Defendants' Request for Judicial Notice is granted. (Cal. Evid. Code S 452(d)(1).) For the reasons set forth below, Defendants' Motions are granted. Procedural Background Plaintiff filed the initial Complaint on September 15, 2022. It appears the Defendants were served with the Complaint on September 27, 2022. Thereafter, th...
2023.08.31 Motion to Determine DHCS Lien Claim 553
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...n Esquivel, a minor, by and through her guardian ad litem, Jennifer Barnes, filed this action against Defendant Contra Costa County on March 21, 2019. Plaintiffs allege that County, through its Contra Costa Regional Medical Center staff, negligently managed Tammy Esquivel's labor and delivery resulting in a severe hypoxic brain injury to Evelyn. Plaintiffs filed a notice of conditional settlement On August 17, 2020 and Judge We] approved the sett...
2023.08.31 Motion to Enter Judgment 355
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...face and is denied. Section 664.6(a) states: If parties to a pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in ful...
2023.08.31 Motion to Quash Summons and Complaint 659
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...aintiff did not deliver copies to a Corteva officer or to a designated agent for service of process, nor did he serve the documents upon Jim Johnston or Monica Peters, who are two individual SA defendants who are moving to quash the Summons as well as the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/31/2023 9 entity, Corteva. On April 12, 2023, Plaintiff filed proofs o...
2023.08.31 Motion to Stay Court Action 405
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...For the following reasons, the motion is granted. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) Relevant Law Civil Code S 910 provides: Prior to filing an acton against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures. Section 910 and the ...
2023.08.30 Motion for Leave to File SAC 928
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.30
Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508- 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/30/2023 Plaintiffs Jorgen Vindum and Carolyn Vindum as Trustees of the Vindum Family Trust ("Vindums" or "Plaintiffs") allege their residence in San Ramon was destroyed by a fire in December 2020. (Proposed Second Amended Complaint ("2AC") "1 1, 10, 14, 16.) Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy t...
2023.08.30 Demurrer 421
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.30
Excerpt: ...ylvia Dudum FLP ("Dudum FLP") as owner and Kissane Company, Inc. as prime contractor for a commercial mixed-use development known as the "Clocktower Project" at a property located in Danville. (FACC 8, 9.) In their FACC, Cross-complainants Dudum FLP and Jack Dudum allege a seventh cause of action against cross-defendant Sean Joy for defamation. Joy generally demurs to that cause of action. Standards Governing Demurrer In ruling on the demurrer, t...
2023.08.28 Motions for Summary Judgment, Adjudication 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.28
Excerpt: ...e Moton is denied. Request for Judicial Notice Defendants request judicial notice of the Contractor's State License Board Detail Information for Priceless Kitchen and Bath and the Registrar of contractors, contractors state License Board SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Department of Consumer Affairs, Order to Adopt Stipulated Settlement (as ...
2023.08.28 Motion to Compel Arbitration and Stay Matter 343
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.28
Excerpt: ...nt Golden Rain Foundation ("Defendant" or "GRF") beginning in early 2002. Plaintiff was a member of a union and was represented by Local Union, Laborers' Union No. 34 (the "Union"). Defendant and the Union entered into a collective bargaining agreement ("C8A"), which was renewed in March 2022. Plaintiff was covered by the CBA as a member of the Union. It appears that in July 2020, GRF issued a 2020 Employee Handbook ("Handbook") to all employees....
2023.08.28 Demurrers, Motion to Strike 100
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.28
Excerpt: ...t a proposed order consistent with this ruling and serve and file notice of entry of order. Defendants shall have 15 days from notice of entry of order in which to answer the Second Amended complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Allegations of the SAC This action arises out of the custodial care and treatment provided to Dwayne Rideau wh...
2023.08.24 Motion for Attorney Fees 397
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ... issue is the amount. To calculate the appropriate lodestar in this action, one must determine the reasonable hourly rate and multiply that figure by the reasonable number of hours spent. Graham v. DaimlerChrysler Corporation (2009) 34 Cal.4th 563, 579-580. To determine the total hours spent, the court not only considered all of the papers submitted, but also its own experience evaluating a multitude of Anti-Slapp fee motions. "The experienced tr...
2023.08.24 Demurrer 452
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ...cluding any SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 supporting declaration or request for judicial notice, neither brief shall exceed eight pages. Parties are asked to directly address the analytical framework articulated in County of Alameda v. Janssen (1940) 16 Cal.2d 276 and whether the challenged portion of AB218 served a "public purpose." It is well s...
2023.08.24 Demurrer 859
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ... SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 Defendants. Defendant's Demurrer is hereby overruled. Discussion 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 complaint "is sufficient if it alleges ultimate rather than evident...
2023.08.24 Motion for Summary Judgment 179
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ...tion, which include detailed procedural and substantive requirements for bringing those motions. Plaintiffs motion is denied on that basis, without prejudice to Plaintiff filing a motion for summary judgment and/or summary adjudication in conformity with the Statute and Rules of Court. 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 as a matt...
2023.08.24 Motion for Final Approval of Class Action Settlement 153
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.24
Excerpt: ... costs, administrative costs, and a class representative payment. Since preliminary approval was granted, the administrator has mailed notices to 27 class members. After follow- up, only one notice was non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Prior Rulings and Judicial Comment When plaintiff's preliminary approval moton first came up for hearing, the Court indicated generally that the set...
2023.08.24 Motion for Leave to File SAC 498
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ...023. Background Plaintiff generally alleges that after his spouse passed away, he was denied his community property SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 interest in assets formerly held in accounts in his spouse's name at Principal Securities, Inc. Plaintiff sued his spouse's daughter Anita L. Budde, the financial firms that held or were otherwise affil...
2023.08.24 Motion to Compel Discovery Responses 521
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.24
Excerpt: ... defendant served formal responses to the discovery, objecting to all requests and interrogatories principally on the ground that defendant's arbitration motion was pending (although, for preservation, defendant also stated a number of other boilerplate objections). Thereafter, plaintiff's opposition to the arbitration motion convinced defendant that the motion would be denied, and defendant withdrew it. Defendant then assured plaintff that it wa...
2023.08.21 Motion to Enforce Settlement 376
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.21
Excerpt: ...ubject to any additional issues to be addressed after the hearing and after taking oral testimony, Plaintiff shall lodge a proposed order for judgment pursuant to the terms of the Settlement Agreement, consistent with Code of Civil Procedure section 664.6(a) and applicable authority which shall set forth the terms of the Settlement Agreement in full as stated in the agreement or shall incorporate and make the Settlement Agreement in full the judg...
2023.08.21 Motion to Consolidate Actions 329
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.21
Excerpt: ...se number QI-01689 present common questions of law and fact. (See MPA iso Mohon at p. 3:13.) For the following reasons, the Motion is denied. Brief Factual and Procedural Background July 10, 2019. Plaintiff files her initial complaint for general negligence and negligent hiring against Defendants Wilson & Kratzer Mortuaries dba Higgins Chapel, Defendant Yen Tom, and Defendant Misty Lynn Cicerello. The gravamen of Plaintiff's claim is an alleged a...
2023.08.17 Motion for Final Approval of Class Action and PAGA Settlement 038
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...resses, leaving only one non-deliverable. No objections have been received, and only one class member has opted out. The motion is granted. Background and Settlement Terms Defendant is in the shipping business. Plaintiff was employed as a driver. This case is unusual among wage-and-hour cases, in that its sole focus is on a failure-of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant f...
2023.08.17 Demurrer to FAC, Motion to Strike 139
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...ff alleges claims arising out of a real property loan by Bank of America secured by a mortgage on Plaintiffs real property, with a loan number ending 9666 ("Loan 9666"). His FAC, which is 74 pages long, exclusive of the 35 exhibits attached, alleges six causes of acton against the bank: breach of contract, violation of Civil Code secton 1785.25 pertaining to a creditor making reports to a credit reporting agency; breach of the implied covenant of...
2023.08.17 Demurrer to FAC, Motion to Strike 503
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...ranty of habitability; (3) breach of contract; (4) breach of quiet enjoyment; (5) private nuisance; (6) premises liability; (7) negligence; (8) violation of California's Just Cause Statute; (9) violation of California's Rent Control Statute; (10) unfair business practices (violation of California Business and Professions Code S 17200 et seq.); (11) retaliation; and a claim for exemplary damages. Defendant demurs to all Plaintiffs' causes of actio...
2023.08.17 Demurrer, Motions to Strike 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...leged former landlords, defendants Deanna Graves (individually and as trustee of her family trust) and her daughter Rashida Graves. The Graveses filed a cross-complaint against Ellis only. The cross-complaint asserts two causes of action — the first for breach of contract (non-payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/17/2023 2 of rent), and a cause of...
2023.08.17 Demurrer to FACC 899
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...RA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 (3) Reasonable value of services. cross-Defendant demurrers to the first cause of action on the basis that it fails to state facts sufficient to state a cause of action (CCP 5430.10(e)), and that Cross-complainant does not have the legal capacity to sue (CCP 431.10(b).) She also demurs to the second and third causes of action on the basis that those ...
2023.08.17 Motion for In Camera Review of Docs 036
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ... advice of Paul Bork", and "Internal document with legal advice of Paul Bork". CBE acknowledges that Bork is an inhouse attorney at Dow, and apparently does not dispute that Bork's legal advice is protected work product. CBE fails to state any basis for doubting the accuracy of these descriptions; nor for doubting that Bork's advice is attached, repeated, discussed, or incorporated into the challenged documents. 12. 9:00 AM CASE NUMBER: MSC21-020...
2023.08.17 Motion for Summary Judgment 208
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...partment. It started in a Whirlpool gas range (the "Range") which she purchased from Costco Wholesale and which was delivered and installed by moving Defendants Lopex and XPO (collectively the "Moving Defendants"). The Complaint alleges causes of acton for: (1) general negligence, (2) premise liability, (3) product liability, (4) general negligence, and (5) breach of contract. Only two of the causes of action are asserted against the moving Defen...
2023.08.17 Motion for Leave to Amend SAC 538
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...strict Court. Plaintiff initially filed this achon in July 2021 contending, inter alia, that the City of Hercules lacked authority to tow his vehicle. Defendants City of Hercules, Elmer Najarro and William Imboden ("City Defendants") filed a Notice of Removal in the United States District Court for the Northern District of California. The District Court granted a motion to dismiss brought by the City Defendants, and denied reconsideration of that...
2023.08.17 Motion for Preliminary Approval of Class and Representative Action 666
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...s. Plaintiff was employed there during the class period, though his job duties and dates are not provided. The original complaint was filed on December 22, 2021 as a class action. Plaintiff filed a separate PAGA acton on September 21, 2022. That action was dismissed and the PAGA claims amended into the class case to facilitate settlement. The settlement would create a gross settlement fund of $200,000. The class representative payment SUPERIOR CO...
2023.08.17 Motion for Non-Monetary Sanctions Dismissing SACC, for Monetary Sanctions 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ... 128.7 is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 Fairfield shall prepare and submit a proposed order consistent with this ruling. Fairfield shall then serve and file notice of entry of order. Relevant Background On June 30, 2020, Plaintiffs Sandra Hernandez-Perez and Jenilee Perez, individually and as successors in interest to Jesus Berrios II, fi...
2023.08.16 Motion to Strike 400
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.16
Excerpt: .... Plaintiff alleges that there were conflicts of interest between Plaintiff and Beverly and that Defendant continued to represent both of them. Defendant brings this motion to strike the requests for emotional distress and punitive damages that are sought in connection with the breach of fiduciary cause of action. (Comp. "19, 20.) The acts alleged to constitute a breach of fiduciary duty are (1) defendant prepared a document to amend an irrevocab...
2023.08.16 Motion for Summary Judgment, Adjudication 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.16
Excerpt: ...en ("the Milways") for declaratory relief (causes of achon one, two and three) and nuisance (causes of action four and five). The three declaratory relief claims seek declarations regarding different property disputes: (1) the boundary line between 1000 Homestead and 20 Alwin Road properties, (2) ownership of the 28Ft wide strip that consttutes Alwin Road and (3) whether the Milways can quiet title on the 11 ft easement located on 1000 Homestead....
2023.08.16 Motion for Summary Adjudication 829
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.16
Excerpt: ...vek Bansal MD, Inc. from approximately SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/16/2023 2016 through 2018. (Amended Separate Statement of Material Fact in Support of Plaintiff's Motion, hereinafter "Plaintiff's SSUMF," Fact No. 1, and defendants' response.) Defendant Vivek Bansal is the sole owner and CEO of defendant Vivek Bansal M.D., Inc. (Plain...
2023.08.14 Motion for Reconsideration 946
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.14
Excerpt: ... the Court's decision was its conclusion that the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 applied to this case. Plaintiff does not address the status of arbitration in brief. Defendant states in their memorandum that "the Parties are already actively engaged and near the conclusion of arbitration with Judicate West." (Opposition p.2.) The Court previously continued this matter so that the parties could included declarations on...
2023.08.14 Motion for Attorney Fees 321
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.14
Excerpt: ...es and costs upon the initation of the action." Plaintiff's form complaint asserted one cause of action for breach of contract. (Pl. Compl.) As part of that single cause of action, plaintiff averred: "...Defendant materially breached its obligation under the terms of the contract between the parties which it drafted, Defendant's obligation to pay all wages when due." (Pl. Compl. p. 7, Attachment BC-2.) "In accordance with this rule of statutory c...
2023.08.14 Joinder of Parties, Dismissal of Parties 042
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.14
Excerpt: ...CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/14/2023 Procedural Background Defendant originally filed her Motion on April 11, 2023. The Court issued a tentative ruling on August 13. The tentative ruling noted there were "several procedural problems as well as substantive issues with both Parties' positions." This includes a number of owners of property adjacent to Defendant's Property which ...
2023.08.14 Motion for Sanctions 601
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.14
Excerpt: ...aint was filed with Trey Briggs as the plaintiff. 80th complaints allege that Trey broke his arm at a school event in 2018, but Trey continued to experience problems and required surgery in 2022 and 2023. 80th the complaint and first amended complaint stated that the plaintiff had complied with the applicable claims statute. The District brings this moton for sanctions against Plaintiff's attorney based on the failure to submit a government claim...
2023.08.14 Motion to Strike 586
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.14
Excerpt: ..."Kulwant"), Dhanwant Singh Malhi's ("Dhanwant") (collectively "Defendants") Special Motion to Strike Pursuant to C.C.P. S 425.15. Allegations of Complaint Plaintiff is a member of the Sikh faith and attends the Sikh Temple — El Sobrante (the "Temple"). He is involved in the Temple's administrative activites and teaches Gatka (Sikh Martial Arts) at the Temple. He has been attending and teaching at the Temple since 2009. The Complaint sets forth ...
2023.08.14 Petition to Determine Validity of Third-Party Creditor Claim 233
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.14
Excerpt: ... the petition to invalidate Veglnvest's third party claim is denied, and judgment is granted for Veglnvest on the validity of its third party claim that it holds a superior interest in the Attached Funds, as set forth below. Defendant as the prevailing party shall file a proposed order/judgment consistent with this ruling in accordance with the Local Rules of this Court. Background Plaintiff sought and obtained an ex parte order for a right to at...
2023.08.09 Motions for Leave to File Complaint 240
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ...gust 18, 2023. Factual and Procedural Background This matter pertains to a meeting (the "Midnight Meeting") that occurred in the wee hours of August 3, 2018 when Defendant David Marcotte called a family meeting to execute a series of documents pertaining to the family business ("RJMLLC"), which was formed by the Parties' father Rene J. Marcotte ("Decedent"). The alleged purpose of the meeting related to a tax saving strategy that was designed to ...
2023.08.09 Motion for Leave to Amend SAC 561
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ...ntiff. There are a number of pleadings filed in this case, including another complaint which was consolidated with this action, as well as a number of cross-complaints. Only the pleadings relevant to the current Mohon will be discussed. Plaintiff filed her initial Complaint on December 9, 2021, naming Defendants Decker Bullock Dreyfus, Inc. (dba Golden Gate Sotheby's International Realty, Inc.) and William Leone ("Defendants"). The Defendants wer...
2023.08.09 Motion for Entry of Judgment 601
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ... Pursuant to Code of Civ-l Procedure 5654.6 ("Motion"). For the following reasons, Plaintiffs' Motion is granted. Procedural Background This matter relates to a construction defect action involving the owners of eight homes in Pittsburg, California. Plaintiffs sued the builders and general contractor of their homes consisting of several entities, including Seecon Built Homes, Inc., Albert D. Seeno Constructon Co., Inc., Cyrus Land Investments, LL...
2023.08.09 Motion for Summary Judgment 331
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.09
Excerpt: ...21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/09/2023 breach of governing documents; (2) breach of fiduciary duties; and (3) declaratory relief. For the following reasons, the MSJ is granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the ca...
2023.08.07 Motion to Continue Hearing 556
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.07
Excerpt: ...ing Agreement Dated as of April 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC2 ("Cross-Defendant" or "US Bank as Trustee")'s motion for summary judgment. For the following reasons, Cross-Defendant's Motion is granted. Brief Factual and Procedural Background This case concerns the real property located at 27 Sunset Drive, Kensington, CA 94707 (Complaint at '1 4) and a related prior lawsuit entitled John Elkins v. Provident, U.S....
2023.08.07 Motion for Leave to File TAC 760
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.07
Excerpt: ...ners insurance carrier defendant USAA General Indemnity Company ("USAA") and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring based on a claim under their homeowners' policy. (2AC "1 3, 7, 11.) Plaintiffs allege USAA has denied coverage for the defects in the replacement flooring under a policy exclusion. (2AC '1 24.) Plaintiffs sued USAA and MDI on multiple theories....
2023.08.07 Demurrer to FAC 423
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.07
Excerpt: ...s an employment discrimination case. Plaintiff Richard Van Koll, age 65, alleges he is employed by Defendant Contra Costa County as a Non-aenefitted Senior Inspector assigned to the Real Estate Fraud unit of the District Attorney's Office. Defendant alleges he was denied various promotions from 2016 to 2021 due to his age and in retaliation for taking medical leave and complaining of age discrimination. The FAC filed on January 25, 2023 asserts t...
2023.08.07 Demurrer 213
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.07
Excerpt: ...ry McCord for breach of contract and breach of guaranty. Schafer filed a cross-complaint against both RAP and McCord for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and deceit and (4) negligent misrepresentation. RAP demurrers to each claim in the cross-complaint based on the failure to state facts sufficient to constitute a cause of action and as to the first and second causes of action ba...
2023.08.04 Petition to Compel Arbitration 743
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ... action is stayed pending the completion of arbitration proceedngs. (CCP S 1281.4.) (2) A post-arbitration status conference is scheduled for February 5, 2024 at 8:30 a.m. The parties are required to file a status report or reports at least 10 calendar days before the conference. Background Plaintiffs Lindsay Jo Schutte Crittendon and Zachariah Bonsignore Crittendon filed this action for breach of a residential construction contract on April 3, 2...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 538
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...notification of LWDA of the settlement. A. Background and Settlement Terms Defendant operates two car washes located in Concord and Fremont. Plaintiff has been employed there as a car washer since the mid-2000s. The original complaint was filed on March 23, 2022. The settlement would create a gross settlement fund of $437,800. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $145,933 (one-third of the ...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 118
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...e 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement would create a gross settlement fund of $250,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $83,325 (one-third of the settlement). Litigation costs would not exceed $10,000. The settlement administrator's costs are estimated at $5,350. PAGA penalties would be $7,500, resulting in a payment of $5,625 to the LWDA. The net...
2023.08.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 686
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...mployed from April 2019 to January 2022 as a field service technician. The original complaint was filed on February 28, 2022. It is a class-action and PAGA case. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/03/2023 2 The settlement would create a gross settlement fund of $725,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees ...
2023.07.31 Demurrer to FAC 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...scussion Legal Standard "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity...
2023.07.31 Motion to Compel Arbitration and Stay Proceedings 780
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...ure to provide accurate itemized wage statements; (4) failure to produce employee file; (5) disability/perceived disability discrimination; (6) age discrimination; (7) work environment harassment; (8) retaliation; (9) failure to prevent harassment, discrimination, and retaliation; (10) retaliation; (11) failure to prov-de reasonable accommodation; (12) failure to engage in good faith interactive process; (13) unfair and unlawful business practice...
2023.07.31 Demurrers, Motions to Strike 019
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.31
Excerpt: ...ection 430.10(e), the complaint does not state facts sufficient to constitute a cause of action. Plaintiff alleges that he is a dependent adult and went to John Muir for severe back pain on October 12 at 9:49 a.m. (Comp. On October 14 at 12:45 p.m., Plaintiff had an MRI and saw a neurosurgeon who confirmed a large disc herniation at Ll-2 on the MRI. The neurosurgeon immediately recognized the need for back surgery to decompress Plaintiff's cauda ...
2023.07.27 Motion to Strike 908
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ... against defendant Sukhdeep Kaur on September 17, 2019. With leave of Court, after engaging new counsel, Plaintiffs filed an amended verified complaint on March 3, 2023. Sukhdeep is the special administration of the estate of her deceased husband, Gurpinder Singh, who Plaintiffs allege was a member of their family who lived with them when he was 20 years old and who they treated like a son. (Am. Compl. 5, 12, 18, 20, 23.) (Because of the similari...
2023.07.27 Motion in Re Legal Issues 861
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...nostic testing to determine the cause of her headache. (Compl. 18, 19.) On May 2, 2011, plaintiff Mrs. Lewis was seen by a triage nurse and examined by a physician. (Plaintiff's Trial Brief at 4.) On May 3, 2011, plaintiff Mrs. Lewis was seen by a triage nurse and a physician assistant. (ld.) Plaintiff further alleges that on May 6, 2011, she returned to SOMC with extreme headache pain and she was denied adequate medical treatment in that the sta...
2023.07.27 Motion for Judgment on the Pleadings 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...tion for judgment on the pleadings, defendants contend plaintiff exceeded the scope of that leave and accordingly, they also move to strike the added causes of action and punitive damages. 80th motions are granted. No further amendment will be permitted unless plaintiff comes to the hearing prepared to articulate facts that would justify amendment. Background The Court's previous order granting Defendants' moton for judgment on the pleadings reci...
2023.07.27 Motion for Final Approval of Class Action and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ...t office, but that member was located by skip tracing. No objections or requests to opt out have been received. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 07/27/2023 9 Background and Settlement Terms Defendant is a public-school district. Plaintiff has worked for defendant as a school bus driver since 2013. The original complaint was filed on ...
2023.07.27 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 186
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ... 65 packets were returned by the post office. Follow up resulted in 51 new addresses, leaving only 4 nondeliverable. No objections or requests to opt out have been received. The motion is granted. Background and Settlement Terms The two plaintiffs in this case initially filed separate actions in different counties. Kalaveras filed a class action in this County, and amended the complaint to add a PAGA claim. NCR removed the case to federal court b...
2023.07.27 Demurrer to Amended Complaint 552
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...property (Gov. Code S 835); (3) negligent hiring, supervision, and retention, and (4) survival action. Defendant demurs to Plaintiff's causes of action for (1) negligence, (3) negligent hiring, and (4) survival action pursuant to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice In opposition, Plaintiff requests judicial notice of ...
2023.07.27 Demurrer 688
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.07.27
Excerpt: ...se this is plaintiffs first pleading, she may file and serve an amended complaint by August 7, 2023. 1. Background According to the complaint, plaintiff was foreclosed upon by her lenders, Gregory Funcrng LLC and Gregory Funding Inc., and the property sold to defendant. Defendant then proceeded to evict her. She previously filed suit against the lender(s), and they are not parties here. Plaintiff claims, in essence, that the defendant was neglige...
2023.07.27 Motion to Strike FAC 807
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ...ction is protected by the anti-SLAPP statute, as discussed below. Background Plaintiffs Deepak Joshi and Diana Martinez filed their initial Complaint on December 30, 2022, alleging causes of action for (1) Defamation, (2) Malicious Prosecution, (3) Abuse of Pruess, (4) Intentional Infliction of Emotional Distress, and (5) Negligent Infliction of Emotional Distress. On February 25, 2023, they personally served the initial complaint on defendant. O...
2023.07.26 Motion for Summary Judgment, Adjudication 971
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.26
Excerpt: ...r being sought (Code Civ. Proc., S 1010; Cal. Rules of Court, rule 3.1110(a)), and courts generally may consider only the grounds stated in the notice of motion [Citation.]" (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) In addition, when bringing for summary adjudication "the specific cause of action, aft-mat-ive defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim,...
2023.07.26 Demurrer to SAC 649
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.26
Excerpt: ... GM when he purchased the vehicle. (Second Amended Complaint ("SAC"), 5-8.) Plaintiff alleges the Vehicle has a "Transmission Defect" more fully described in the SAC that manifested during the warranty period. (FAC, 10-18.) Plaintiff alleges GM knew about the Transmission Defect since 2014 and that the Vehicle had the Transmission Defect when he purchased it, but GM concealed and failed to disclose the Transmission Defect. (SAC, 28-44.) Plaintiff...
2023.07.26 Demurrer to FAC 406
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.26
Excerpt: ...specially to Plaintiffs' cause of action for unlawful detainer pursuant to Code of Civil Procedure ("CCP") S 430.10 on the grounds that Plaintiffs have not adequately alleged a landlord-tenant relationship. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice There are several contentious requests for judicial notice. First, Defendant requests judicial notce of the declaration of Albert D. Seen...
2023.07.24 Demurrer to FAC 313
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ...xpress contractual warranty with GM on January 24, 2019, presumably when she entered into the lease. (First Amended Complaint ("FAC") 6-8.) She alleges the Vehicle has a "Battery Defect" more fully described in the FAC that manifested during the warranty period. (FAC 9, 23-26.) She alleges GM knew about the Battery Defect since 2016 and that her Vehicle had a defective battery when she leased it, but GM concealed and failed to disclose the Batter...
2023.07.24 Demurrer 353
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ...hly repetitive Demurrers to the Complaint of Plaintiffs Michael Graziadei II, et al., along with Motions to Strike. This prolixity is particularly unwarranted given that the parties are jointly represented and make many identical or highly similar arguments. Given the overlap of the motions, the Court will address Defendants' arguments in a single ruling, proceeding in the manner presented in the briefs. The Demurrers to Complaint are sustained i...
2023.07.24 Motion to Strike Punitive Damages 313
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ... failed to allege sufficient facts to support a punt-ive damages award and that if Plaintiff's underlying fraud claim fails, then so does Plaintiff's claim for punitive damages. For the reasons set forth, the motion to strike is granted, with leave to amend. Background The background of this case is addressed in the Court's tentative ruling on the related demurrer to the fraudulent concealment cause of achon by General Motors, LLC. Legal Standard...
2023.07.24 Motion for Preference in Trial Setting 353
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.24
Excerpt: ... prevent prejudicing his or her interest in the litigation. (CCP S 35(a).) "The clear intent of the Legislature is to safeguard litigants who qualify under subdivision (a) against the acknowledged risk that death or incapacity might deprive them of the opportunity to have their case SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/24/2023 effectively tried and to ob...
2023.07.24 Motion for Summary Adjudication 156
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.24
Excerpt: ...urphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In the discussion that follows "the Murphys" includes both Kerry and Margaret Murphy, Kerry's estate and the family trust unless otherwise noted. This case involves a commission allegedly owed to...
2023.07.24 Motion for Summary Judgment 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.07.24
Excerpt: ...Relevant Procedural History Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) B...
2023.07.20 Motion for Leave to File Amended Answer 316
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.20
Excerpt: ...driven by an employee of defendant SGWS. He filed this action on November 4, 2021 against SGWS and other defendants. SGWS answered on February 17, 2022. The answer include some affirmative defenses, but none based on availability workers' compensation as a remedy. SGWS now moves to amend its answer to include such a defense. SGWS has presented a proposed copy of the First Amended Answer. (See Declaration of Michael A. McLain, Ex. A.) SGWS argues ...
2023.07.19 Petition to Compel Arbitration 390
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ...d, by a of the evidence, that the plaintiff and moving parties agreed to arbitration, the motion is denied. 1. Background Plaintiff sought to complete a remodeling project in Antioch. On October 28, 2021 plaintiff received a proposal by defendant Chung Ly on behalf of SN Building Design Group. That proposal became the basis for a contract between plaintiff and SN Building Design Group, attached as part of SUPERIOR COURT OF CALIFORNIA, CONTRA COST...
2023.07.19 Motion to Strike 645
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ... as required by the Code. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/19/2023 Page 9 of 30 Analysis At the outset, the Court expresses its concern regarding the actions, or more pro#rly inactions, of both counsel which led to the filing of this motion and the need for the Court to expend resources to address an issue that the Parties could have, and should have, res...
2023.07.19 Motion to Consolidate Actions 394
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ... fact and many of the same witnesses will testify in both actions. For the reasons set forth below, the motion to consolidate is granted. The cases shall be consolidated for all purposes with the instant case, MSC23-ffE94, deemed the lead case. Analysis Code of Civil Procedure S 1048 provides, "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters i...
2023.07.19 Motion for Summary Judgment, Adjudication 227
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.07.19
Excerpt: ...0 a.m. on August 23 to allow Plaintiff time to file a substantive opposition to the Motion. Plaintiffs' Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h)). General Background In September 21%4, Plaintiffs refinanced real property located at 1952 15th Street in San Pablo, California (the "Property") via a loan in the amount of which was secured by a Deed of Trust. The Deed of Trust was assigned a number of times, ultimately b...
2023.07.17 Motion to Set Aside Summary Judgment 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.07.17
Excerpt: ...d), (h).) Evidentiary Issues Initially, the Declaration of Plaintiff in Support of Motion to Set Aside Summary Judgment is not actually a declaration of Plaintiff David Litachevsky, despite the title. While the Declaration states that David Litachevsky "declares as follows:" the document is signed by "Dylan Hackett Attorney for Plaintiff David Litachevsky." "Although it would appear obvious, a declaration must be signed by the declarant personall...

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