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2018.3.23 Demurrer, Motion for Sanctions 642
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...Plaintiff Manh Singh Khalsa is a Sikh man. On September 25, 2016, while driving home, he encountered defendants Chase Little, Colton LeBlanc, Dustin Albarado and Doe 26 at a red light at an intersection in Richmond. Little threw a beer can at plaintiff, and the others yelled at him. The cars proceeded beyond the intersection. At another red light, Little, LeBlanc, and Albarado exited their vehicle and punched at plaintiff through his open window....
2018.3.23 Demurrer 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...1985) 167 Cal. App. 3d 544, 549; CRC 3.1300 (d).) The central issue in this case is who had the responsibility for verifying that plaintiff was well enough to under surgery by requesting that there be a metabolic panel test, ensuring it was done before permitting the surgery to proceed, and ensuring that the appropriate persons were provided the results for review. Plaintiff alleges that before the July 18, 2017 deposition of his CONTRA COSTA SUP...
2018.3.23 Application for Writ of Attachment 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ing date, they may simply notify the Court of that intention and provide a stipulation in due course. The parties have stipulated to continue all hearings to April 13, in order to accommodate a serious personal situation for defendants' counsel. However, the Court also wishes to receive supplemental briefing on selected issues, as discussed below, and the proposed April 13 date would likely not provide enough time for the parties to prepare such ...
2018.3.23 Demurrer 362
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.23
Excerpt: ...ered to meet and confer in person or by telephone, as required by Code of Civil Procedure § 430.41 (a). Meeting and conferring by letter, as occurred here, is not sufficient. Plaintiffs' Opposition to this motion was filed late. It was required to be served and filed on or before March 12, 2018. It was personally delivered on March 13, 2018. It was not filed until March 14, 2018. In its discretion, the court considers the late‐filed Opposition...
2018.3.22 Motion for Summary Judgment 876
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ... per se. The Court understands this to mean that Plaintiff dismisses the fourth cause of action as that cause of action appears to based solely on a negligence per se argument. Without the fourth cause of action, the Antioch Defendant is only sued in cause of action three. Therefore, this Court must decide whether summary judgment is appropriate based solely on cause of action three. Defendant argues that the assumption of risk defense applies. A...
2018.3.22 Motion for Summary Judgment 138
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ...nd obvious. Dangerous Condition To prevail on her dangerous condition cause of action, Government Code § 835, the relevant jury instruction, and prevailing authority require Grilho to prove each of the following: 1. That BART owned or controlled the property; 2. That the property was in a dangerous condition at the time of the incident; 3. That the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred; 4. ...
2018.3.22 Demurrer 053
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ...on 430.10, subdivision (f), and the complaint fails to plead the facts with particularity as required in causes of action involving fraud. Pleading Standard for Fraud Actions Fraud actions are subject to a stricter pleading standard and allegations of fraud must be pleaded with particularity. (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 216.) (disapproved on other grounds.) The legal conclusion of �...
2018.3.22 Motion to Enforce Settlement, Request for Sanctions 113
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ... per se. The Court understands this to mean that Plaintiff dismisses the fourth cause of action as that cause of action appears to based solely on a negligence per se argument. Without the fourth cause of action, the Antioch Defendant is only sued in cause of action three. Therefore, this Court must decide whether summary judgment is appropriate based solely on cause of action three. Defendant argues that the assumption of risk defense applies. A...
2018.3.22 Motion to Strike 484
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ...int which allege that defendants have been sued repeatedly for elder abuse caused by understaffing and lack of staff training, have received repeated Statements of Deficiencies from the California Department of Public Health (the “Department”) regarding similar concerns, and have been repeatedly cited by the Department regarding similar concerns. To obtain enhanced remedies in an elder abuse action, the plaintiff must prove a pattern of reckl...
2018.3.22 OSC Re Preliminary Injunction 054
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.22
Excerpt: ....12; (4) negligence; and (5) violation of Cal. Bus. & Prof. Code § 17200. On January 23, 2018, Plaintiff filed an Ex Parte Application for Temporary Restraining Order. The Court heard the Ex Parte Application, granted the TRO, and entered an Order to Show Cause to show why a preliminary injunction should not be granted, enjoining the Trustee's Sale of the Subject Property. The OSC was originally set for February 22, 2018. The parties stipulated ...
2018.3.21 OSC Re Preliminary Injunction 321
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.21
Excerpt: ...atus quo until a judgment is entered. See Lenard v. Edmonds (1957) 151 Cal.App.2d 764, 769. In determining whether to issue a preliminary injunction, a court considers two factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a prel...
2018.3.21 Demurrer, OSC Re Preliminary Injunction 527
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.21
Excerpt: ... shall state that it is also in favor of co‐defendant BDFTW, whose declaration of non‐monetary status was not timely contested. (Civ. Code, § 2924l, subd. (c).) The basis for this ruling is as follows. RJNs. Defendant Wells Fargo's requests for judicial notice are granted. (See, Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752‐761.) 1st, 2nd, and 3rd C/As. Plaintiffs have failed to allege a “material” violation of the...
2018.3.21 Demurrer 141
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.21
Excerpt: ...nt a government claim asserting facts that support a negligent hiring, training, and supervision cause of action; 2) uncertainty; and 3) failure to allege facts establishing a cause of action. (Notice at p. 3.) However, Defendants withdrew their government claim argument because defense counsel inadvertently failed to file the requests for judicial notice and exhibits that would have provided the factual basis for such an argument. (Reply at pp. ...
2018.3.19 Motion to Strike 836
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.19
Excerpt: ...f leave to amend. Its order further stated that any amended complaint “shall be filed and served on or before December 29, 2017.” (See Ex. A to Wagster Decl.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/19/18 ‐ 3 ‐ Plaintiff filed his First Amended Complaint on December 29, 2017, but failed to serve it on the two moving defendants by December 29, 2017. Plaintiff did not serve it on these defendants unt...
2018.3.19 Motion to Compel Further Responses 476
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.19
Excerpt: ...ty. The underlying claim arises from a prior case, in which James and Christine Dean sued Abacus Financial Group. At one point during that matter, Ms. Hinchman allegedly signed a declaration drafted by the Dean's counsel, Zelis. Amado claims that this violated various duties toward him and Abacus Financial. He issued subpoenas to Christine Dean and Zelis seeking information concerning the declaration, and the draft declaration itself. The matter ...
2018.3.19 Motion to Set Aside Entry of Default 827
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.19
Excerpt: ... relevant time, Romdhane was negotiating with State Farm, who advised him that while it represented Bravos, it could not accept service on his behalf. State Farm specifically requested that it be notified when the cross‐complaint was served, or before seeking entry of a default. Eventually, Romdhane obtained an order permitting service by publication. On October 13, 2017, however, Romdhane managed to personally serve Bravos, according to a proo...
2018.3.16 Demurrer 509
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...y the Cigna defendants with rigor, but it appears uncontested for purposes of this action that at least some Cigna entity is a health insurer, governed by the Knox‐Keene Act. ASH is Cigna's agent for claims administration. Diablo alleges that it has provided treatment for Cigna's insured patients, but that Cigna and ASH have underpaid Diablo. The FAC contains a number of listed causes of action, but for analytical purposes they may be grouped i...
2018.3.16 Motion for Leave to File Amended Answers 200
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...ase real property. Plaintiff alleges that she has performed her obligations while Defendants have not. Plaintiff filed her complaint on June 23, 2017. On July 25, 2017, Defendant Sobayo, in pro per, filed answers on behalf of himself and his corporation, Kingsway. Plaintiff filed a motion to strike Defendants' separate answers and Defendant Sobayo's cross‐complaint. This Court denied the motion as it related to Defendant Sobayo individually, bu...
2018.3.16 Motion to Strike 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...arties whether or not the amended complaint changes any allegations regarding all parties because an amended complaint generally supersedes the original complaint for all purposes. (See 1 Weil & Brown, California Practice Guide: Civil Procedure Before Trial § 6:688, p. 6‐193; State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) The court does not work with one complaint for the parties that choose to answer rather...
2018.3.16 Demurrer 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.16
Excerpt: ...s of $100,000 to $150,000. PLSCS characterizes the loans as “usurious, unconscionable, unfair, predatory, and fraudulent.” The only meat attempted to be placed on the bones of that string of pejorative adjectives, however, is the conclusory allegation that the loans charged interest rates in excess of what is lawfully allowed. 1st C/A‐Violation of California Civil Code § 1916.1 2nd C/A—Violation of Civil Code § 1916.2 At the outset, cro...
2018.3.15 Petition for Writ of Mandate, Motion to Seal 217
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.15
Excerpt: ... served as Levandowski's transactional attorney for roughly a decade and took part in many of the transactions that underlie Google's claims against Levandowski. Gardner filed a motion to quash the subpoena arguing that depositions of opposing counsel are presumptively invalid. The arbitration panel ultimately denied the motion. Standard of Review The Court first addresses the appropriate standard of review. Google contends that under Bak v. MCL ...
2018.3.15 Motion for Summary Judgment 654
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.15
Excerpt: ...on Service (“Northern”). The motion is denied because a genuine issue of material fact exists regarding the amount Lyon owes on the policy. In relevant part, the policy agreement between SCIF and Lyon provides as follows: “E. The premium shown on the Declarations, schedules and endorsement is an estimate. The final premium will be determined after this policy ends by using the actual premium basis and the proper classifications, rates and r...
2018.3.15 Motion for Relief from Dismissal 163
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.15
Excerpt: ...n Rodriguez was asked to address the following issue of statutory construction: whether Section 473(b)'s requirement that the “application for relief” be “in proper form” means verified discovery responses must be served with a motion for mandatory relief from a terminating sanction when that sanction was based on failure to respond to discovery. The Court answered, yes. An application for relief from a terminating discovery sanction is �...
2018.3.14 Motion to File Complaint 077
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.14
Excerpt: ...at the pending motion for summary judgment may be treated as a motion for summary adjudication of the existing causes of action. Defendants have been put to the considerable expense of bringing the motion, and fairness demands that the motion be heard on its merits despite plaintiff's last‐ minute decision to try to amend his complaint. If, as the Court has tentatively decided, the motion for summary adjudication is granted, plaintiff shall omi...
2018.3.14 Motion for Summary Judgment 077
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.14
Excerpt: ...tiff from pursuing the new legal theory set forth in the proposed Second Amended Complaint, but shall preclude plaintiff from pursuing the implied‐inlaw public easement theory. The Court rules as follows: Defendants Frederick Hill, Pamela Hill, Andrew Bassak and Rebecca Bassak's motion for summary adjudication is granted. A defendant meets its burden on a motion for summary adjudication by showing either that plaintiff's claims have no merit or...
2018.3.14 Motion for Restraining Orders and Preliminary Injunction 931
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.14
Excerpt: ...y located at 2116, 2218, 2120, and 2122 Barrett Ave, Richmond, CA 94801 (the “Subject Property”). Plaintiff pleads thirteen causes of action relating to the circumstances of the money used to purchase the property as well as torts between the parties. Though styled as a “Motion for Restraining Orders and Preliminary Injunction,” the briefing appears to solely request a preliminary injunction. Furthermore, the Court notes this Department i...
2018.3.14 Demurrer, Motion to Strike 401
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.14
Excerpt: ...T: 09 HEARING DATE: 03/14/18 ‐ 9 ‐ Defendants Gold Star Mortgage Financial Group and Ernesto Gomez's demurrer to the second cause of action is sustained with leave to amend. “The elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional ...
2018.3.14 Demurrer, Motion to Strike 325
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.3.14
Excerpt: ...intiff is suing Defendants for (1) tortious breach of the implied warranty of habitability, (2) contractual breach of the implied warranty of habitability, (3) breach of contract, Civil Code §3300, et seq., (4) breach of quiet enjoyment, Civil Code §1927, (5) private nuisance, Civil Code §3501, et seq., (6) premises liability, Civil Code §1714, (7) retaliation, Civil Code §1942.5, (8) negligence, (9) constructive eviction, (10) retaliatory e...
2018.3.12 Motion to Strike 276
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ...Court to undertake a two‐step analysis. First, the Court must determine if the conduct Dr. Braunstein allegedly engaged in is activity protected by section 425.16. If the Court answers that question in the negative, the analysis stops and the motion must be denied. If the Court answers that question affirmatively, the Court must then analyze Karkanen's probability of prevailing on the merits. Navellier v. Sletten (2002) 29 Cal.4th 82, 88‐89; ...
2018.3.12 Petition for Alternative Writ of Mandamus 292
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ...es, in part, as follows: [Following] an order of suspension or revocation of the person's privilege to operate a motor vehicle after the hearing pursuant to Section 13558, the person may file a petition for review of the order in the court of competent jurisdiction in the person's county of residence. . . .The review shall be on the record of the hearing and the court shall not consider other evidence. If the court finds that the departme...
2018.3.12 Demurrer 346
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ...tentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship, and (5) resulting damage. See Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126. Subtronic previously demurred to this cause of action on two grounds: (1) elem...
2018.3.12 Motion for Attorney's Fees 816
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ...al requested is $9,550 for 19.1 hours by Michael S. Burk (at $500 per hour), $29,980 for 82.8 hours of work by Emily Fowler (at $350 per hour), and $3,553.31 in CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/12/18 ‐ 8 ‐ costs. Plaintiff argues that the request is excessive because the hourly rates are too high and the hours include time spent on matters other than the Anti‐SLAPP motion. Plaintiff argues tha...
2018.3.12 Motion to Strike 092
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.3.12
Excerpt: ... as 10359 San Pablo Avenue in El Cerrito. The lease was renewed in 2009. In 2014, the Wongs attempted to evict Ms. Tan for failure to pay the rent in September and October. They filed an action, Wong v. Tan (Contra Costa Superior Court Case No. RS14‐ 1020.) Defendant Tan successfully defended that action. On March 18, 2016, the Wongs filed another unlawful detainer, Contra Costa Superior Court Case No. RS16‐0235. (See Defendant's RJN, Ex. B.)...
2018.3.2 Motion for Attorney Fees 542
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...ntained provisions for plaintiff to collect attorney fees incurred in enforcing the notes. As plaintiff acknowledges, these are the kind of fee clauses rendered bilateral under § 1717. Plaintiff argues that that statute does not apply here (at least not fully), because some of its pleaded causes of action were on purportedly non‐contractual theories such as open book, misrepresentation, and estoppel. At base, however, all of plaintiff's pleade...
2018.3.2 Demurrer 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...gn the 1999 deed, or that she did not. Defendant's effort to knock out plaintiff's duress theory is being rejected today for procedural reasons (line 9). But the briefing on that motion is nevertheless revealing: Facing a limitations attack on her claim of having been coerced into signing a deed 19 years ago, plaintiff seeks to rescue that claim from limitations by giving it away substantively – attesting that she actually didn't sign the deed ...
2018.3.2 Motion to Strike 939
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... outset, plaintiff argues that defendant failed to meet and confer as required by Code of Civil Procedure § 433.5(a)(2). This motion, however, was filed before that section came into effect. Moreover, defendant's counsel recounts that she offered to discuss the issues in the motion to strike after the fact. This is a medical malpractice action. Much of the verified complaint is taken up in alleging the history of defendant's treatment, not of pl...
2018.3.2 Motion to Stay Case 903
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... recounts the procedural history of this case and Waraich, to the extent relevant to the disposition of this motion. This case was filed in May 2015. In September 2015 the Court (Judge Spanos) denied the petition to compel arbitration brought by Fry's. Fry's appealed that ruling, and it was affirmed by the First District Court of Appeal. The remittitur was issued on January 19, 2018. The instant motion followed on January 31, 2018. Waraich was a ...
2018.3.2 Motion for Recovery of Costs 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ...ific, the building owner, and Schindler, the company contracted to maintain the elevator at the time of the accident (and now). Sierra Pacific and Schindler in turn cross‐complained against Otis, the company that performed a modernization of the elevator in 2005‐06 and then held the maintenance contract until late 2012. A threecornered jury trial resulted in a substantial recovery for Zapotoczny as against both Sierra Pacific and Schindler, e...
2018.3.2 Motion for Leave to File Complaint, for Summary Adjudication 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.3.2
Excerpt: ... want to heed the Court's comments on the need for her to decide what her case really is (see line 1). 9. TIME: 9:00 CASE#: MSC17‐00140 CASE NAME: MARY STORELLI VS. ROSE SATORI HEARING ON MOTION FOR SUMMARY ADJUDICATION FILED BY ROSE SATORI * TENTATIVE RULING: * Defendant's motion for summary adjudication is denied. The motion would not dispose of an entire cause of action, but only one branch of a cause of action. It is therefore impermissible...
2018.3.1 Motion to Compel Arbitration 996
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.3.1
Excerpt: ...here there is more than one appellate court decision, and such appellate decisions are in conflict,” the inferior tribunal “can and must make a choice between the conflicting decisions.”). WCA2 contends the Court ought to follow the Fifth District Court of Appeal's decision in Esparza v. KS Indus., L.P. (2017) 13 Cal.App.5th 1228 (“Esparza”). Opposing the Motion, plaintiff Landen Ely (“Ely”) contends the Court ought to follow the Fo...
2018.3.1 Motion for Judgment on the Pleadings 004
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.1
Excerpt: ... by matters that can be judicially noticed. [Citations.] [Citation.]' [Citation.]” (Pointe San Diego Residential Community, L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 274.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/01/18 ‐ 2 ‐ This action arises out of a motor vehicle accident that occurred on or about May 25, 2014. Plaintiff Andrew Mark Robinson was injured when his ...
2018.3.1 Motion for Attorneys' Fees 426
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.3.1
Excerpt: ...ce set for April 17, 2018 is off calendar. It appears that none of the parties are arguing that the fee motions should be stayed pending the appeal by 7 Stars Holistic Foundation, Inc. and Zeaad Handoush. If any party plans to argue that one or more of the pending attorneys' fees motions should be stayed pending appeal that party shall file and serve a motion to stay on or before March 16, 2018. The hearing on any such motion shall be on April 12...
2018.3.1 Demurrer 614
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.1
Excerpt: ... alleges that defendant “negligently . . . continued to apply vacuum extraction (VE) . . . . after three failed attempts; continued to apply VE for more than 10 minutes; used forceps after multiple failed VE attempts; failed to follow protocol regarding the use of VE and use of forceps; failed to perform CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/01/18 ‐ 5 ‐ an episiotomy; failed to adequately monitor t...
2018.3.1 Demurrer 284
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.3.1
Excerpt: ...d Parties”). The demurrer is opposed by cross‐complainant Cherokee Simeon Venture I, LLC (“CSV”). The requests for judicial notice are granted. The demurrer is overruled. The Cherokee Fund Parties shall file an answer on or before March 16, 2018. The Court finds that the two causes of action stated against the Cherokee Fund Parties are not barred by res judicata. (See, Wells Fargo Bank, N.A. v. Weinberg (2014) 227 Cal.App.4th 1, 7.) Also,...
2018.2.9 Motion for Summary Judgment 260
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.9
Excerpt: ... March 24, 2015, plaintiff Veronica Wang was a pedestrian crossing the bottom of the Highway 24 cloverleaf offramp in a marked crosswalk. (The moving papers identify it as the exit from eastbound 24, but cursory examination shows it to be the exit from from westbound 24. The detail is not material.) She was struck and injured by defendant Yvonne Pope‐Lane, who was a driver exiting Highway 24 onto northbound Pleasant Hill Road. As relevant here,...
2018.2.8 Motion to Quash Subpoenas, for Protective Order 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.8
Excerpt: ...ued discovery subpoenas that intrude into the protected private sphere of Plaintiff and her children. Specifically, the Motion seeks to quash subpoenas issued by Defendants on the Employment Development Department (“EDD”), the financial aid departments of UC Berkeley and CSU San Diego, Covered California, and California's Department of Health Care Services. For reasons explained below, the Motion is granted. Legal Standard Code of Civil Proce...
2018.2.8 Motion for Leave to File Complaint 098
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.8
Excerpt: ...Lincoln Prop. Co., N.C., Inc. v. Travelers Indem. Co. (2006) 137 Cal.App.4th 905, 916. Further, “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” Kittredge Sports Co. v. Super. Ct. (1989) 213 Cal.App.3d 1045, 1048. The opposition argues that the proposed first amended cross‐complaint (“1ACC”) is a sham pleading. It generally avers that this is so because the 1AC...
2018.2.8 Motion for Judgment on the Pleadings 793
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.8
Excerpt: ...fendants' request for judicial notice is granted in part. The Court takes judicial notice of Exhibits “B” through “F”, documents on file in this action. The Court does not take judicial notice of Exhibit “A”, because the subject building permit is not dispositive of any cause of action. 1st and 2nd C/As (Fraud). The motion is granted without leave to amend as to the First and Second Causes of Action for fraud and deceit. Plaintiffs ha...
2018.2.7 OSC Re Preliminary Injunction 531
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.2.7
Excerpt: ...riate. (See, SB Liberty, LLC v. Isla Verde Assn., Inc. (2013) 217 Cal.App.4th 272, 280.) The Court finds defendants' detailed opposition declaration substantially more persuasive than plaintiffs' conclusory opening declaration. Further, plaintiffs' own opening declaration demonstrates that (1) plaintiffs came into default on their loan, and (2) plaintiffs' application for a loan modification was considered and denied. (Sioson Dec., ¶ 5 and ¶¶ ...
2018.2.7 Motion to Strike Punitive Damages 805
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.2.7
Excerpt: ...ge that “Cross‐Defendants['] breaches of fiduciary duty were done with malice, fraud or oppression toward the TRUST entitling the TRUST to an award of punitive damages according to proof at trial.” The motion to strike is denied. Punitive damages may only be awarded “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” (Civ. Code § 3294(a).) As elaborated on below, the...

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