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2018.12.27 Motion for Summary Judgment, Adjudication 928
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.27
Excerpt: ...on on both the elements of breach of duty and causation. BREACH OF DUTY The School District acknowledges that California law imposes upon school districts a duty to carefully supervise students while they are on school premises during the school day, and that school districts may be held liable for injuries caused by the failure to exercise such care. (Memorandum of Points and Authorities, page 5, lines 21‐23) The School District contends it di...
2018.12.20 Demurrer, Motion to Strike 614
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.20
Excerpt: ... merit. The Kuemeller Defendants' special motion to strike pursuant to CCP Section 425.16 is very similar to the special motion to strike made by Defendant Polizzis and their Trusts. The reason for this is obvious. The Kuemmeler Defendants are not alleged to have any personal criminal liability. (Cmplt, paragraph 24(a)) The Kuemmeler Trust owns 21.7% of the property at issue in the case, 389 South, in Alamo, California 94507. (Cmplt, paragraphs 7...
2018.12.20 Motion for Summary Judgment 683
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.20
Excerpt: ...ariety of arguments in support of its motion. It argues that plaintiff's expert does not have knowledge of current standards and practices. It argues that it had no duty to provide any records and that John Muir could have accessed the records electronically. It argues that Ewing had no authority to request medical records and implies she was negligent in not ensuring her request had been met. It argues that plaintiff was negligent. All these arg...
2018.12.20 Motion for Summary Judgment 863
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.20
Excerpt: ...her roof and then migrated into the interior, damaging the framing and her personal property. Pacific provided plaintiff a policy of insurance for the home. This dispute turns on whether the policy provides coverage for her losses. II. Motion for Summary Judgment Plaintiff's claims are for breach of contract and breach of the covenant of good faith and fair dealing. Pacific moves for summary judgment on the grounds that the undisputed evidence sh...
2018.12.20 Motion for Summary Judgment, Adjudication 324
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.20
Excerpt: ...n is denied as to the disparate facilities claim, with the caveats stated below. The basis for this ruling is as follows. A. Preliminary Matters. 1. Attorney Fees. Plaintiff filed late and defective opposition papers on October 5 and October 11, 2018. At the initial hearing on October 18, the Court gave plaintiff the option of allowing defendant's motion to be treated as unopposed, or continuing the hearing and requiring plaintiff's counsel to pa...
2018.12.20 Motion to Contest Good Faith Settlement, Demurrer 614
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.20
Excerpt: ...ARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/20/18 ‐ 2 ‐ Code of Civil Procedure §877.6. (Going forward, Ghoneim and Chiba will be referred to as “Ghoneim”.) The party claiming that a settlement is not in good faith under Code of Civil Procedure §877.6 has the burden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1...
2018.12.20 Motion to Set Aside Order 103
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.20
Excerpt: ...a separate action for fraudulent transfer. The Court makes no finding on the issue of whether plaintiff's motion for leave to amend was properly served. The Court exercises its inherent judicial power to reconsider its previous order. (See, Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233, 1249.) Upon further review of plaintiff's motion for leave to amend, the Court now finds that the motion should not have been granted...
2018.12.20 Motion to Vacate Judgment 909
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.20
Excerpt: ...t (“EBRPD”)'s demurrers without leave to amend. The motion is made pursuant to Code of Civil Procedure section 663. PG&E and EBRPD filed a joint opposition. For the following reasons, Petitioners' motion is denied. Analysis Motion to Vacate Judgment As a threshold issue, PG&E argues that a § 663 motion is unavailable here, relying primarily on Payne v. Rader (2008) 167 Cal.App.4th 1569. Payne held that “a section 663 motion does not lie to...
2018.12.7 Demurrer 009
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.12.7
Excerpt: ...eja and Vegas have dismissed their claims against Freshko. No dismissal was filed, but the Court takes this statement as an agreement with Freshko's argument, and therefore the Court sustains the demurrer without leave to amend as to Ceja and Vegas. Freshko argues that Olivares's claim against it is untimely because it was filed more than two years after the accident occurred. Olivares's cross‐ complaint alleges that the accident occurred on Ja...
2018.12.7 Demurrer 572
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.12.7
Excerpt: ...ss Buybacks, LLC from June 13, 2013 to March 1, 2016. (First Amended Complaint [FAC], ¶ 13.) Sprint alleged that Snyder d/b/a 31 Echo conspired with Wireless Buybacks and Brendan Skelly to unlawfully resell Sprint smart phones from 2011 through 2016, both before and during Snyder's employment with Wireless Buybacks. (See FAC, ¶¶ 16‐20.) When Snyder passed away in October of 2016, Sprint substituted Moore in as trustee of various Snyder trust...
2018.12.7 Motion to Compel Arbitration 510
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.12.7
Excerpt: ...07/18 ‐ 7 ‐ Welcome Market's Motion. Welcome Market shows, and plaintiff acknowledges, that there is an agreement in place to arbitrate these disputes. Plaintiff, however, contends that the Court should refuse to enforce the agreement as unconscionable. To invalidate an arbitration agreement as unconscionable, a party must show that it is unconscionable both substantively and procedurally (though the two elements need not be present in the sa...
2018.12.7 Motion to Vacate Default 390
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.12.7
Excerpt: ...l be deemed denied and she will remain in default. (No default judgment has been entered at present.) The arguments on this motion are surprisingly technical. The underlying facts are not really debated. It is fairly clear that the purported service on Fei Lan, as documented by the Proof of Service of Summons filed by plaintiff, was defective and ineffective. (That is not necessarily a criticism of plaintiff, who may well have had no better infor...
2018.12.6 Motion for Monetary Sanctions 882
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.6
Excerpt: ...ed imposition of sanctions. In the previous motion, moving parties sought $24,173.50. In this motion, moving parties actually seek CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/06/18 ‐ 8 ‐ more sanctions, $27,653.66, apparently due to the cost of preparing this motion in addition to the last motion. As to the history of the matter, Judge Goode held hearings about discovery on January 11, February 15, and Apr...
2018.12.6 Motion for Summary Judgment 668
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.6
Excerpt: ...only remaining claim of the FAC is for negligence. Defendant moves for summary judgment on two grounds: (1) that the statute of limitations bars Plaintiff's claims; and on the separate and independent ground that (2) Plaintiff cannot prove his alleged exposure to emission from the refinery caused his alleged injuries. For the following reasons, the MSJ is denied. Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide ...
2018.12.6 Motion to Consolidate 563
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.6
Excerpt: .../06/18 ‐ 5 ‐ and/or make such orders concerning the proceedings therein as may tend to avoid unnecessary costs and delay. See CCP Section 1048(a). The court does so here. COMMON QUESTIONS OF LAW OR FACT 1. Tcheong, LLC v. Peter Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant, Selina Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant (C17‐00563): This case was filed on April 6, 2017. Plaintiff...
2018.12.6 Motion to Dismiss Complaint for Failure to Prosecute 453
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.12.6
Excerpt: ...sons, including mediation. Sticking to the most recent trial settings, trial was set for June 25, 2018, i.e., within the five‐year period. On April 26, 2018, the Court, on its own motion notified the parties that the trial was continued to July 30, 2018. This was based on unavailability of the Court, although the order did not so state. On June 14, 2018, the Court again continue the trial date, this time to August 6, 2018, again based on unavai...
2018.12.6 Motion to Set Aside Default 118
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.6
Excerpt: ...ranted for the reasons stated below. Personal Jurisdiction California courts may exercise jurisdiction over nonresidents “on any basis not inconsistent with the Constitution of this state or of the United States.” (CCP § 410.10.) The exercise of personal jurisdiction over a nonresident defendant comports with the Constitutions of California and the United States “ ‘if the defendant has such minimum contacts with the state that the assert...
2018.12.6 Petition to Permit Late Government Claim 268
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.12.6
Excerpt: ...jurisdictional prerequisite to a claim‐relief petition. When the underlying application to file a late claim is filed more than one year after the accrual of the cause of action, the court is without jurisdiction to grant relief under Government Code section 946.6.” (Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1779, internal citations omitted.) Accrual for this purpose is the same as accrual for purpose of the statute of limitati...
2018.12.3 Motion to Compel Arbitration and Stay Case 286
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.12.3
Excerpt: ... follows. A. Procedural History. Plaintiffs filed their complaint on June 28, 2018. Defendant filed its motion to compel arbitration on August 3. At the initial hearing on October 1, the Court requested additional briefing, and set an evidentiary hearing for the presentation of live oral testimony. The parties filed supplemental briefs on October 29, and responses to the supplemental briefs on November 5. On November 15, the Court heard oral test...
2018.12.3 Demurrer, Motion to Strike 192
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.12.3
Excerpt: ...Rios was a resident and patient of Defendant Lone Tree Convalescent (“Lone Tree”), a skilled nursing facility in Antioch. Plaintiff resided at the facility from December 27, 2017 through December 31, 2017. Plaintiff Rios died at the age of 91 on January 22, 2018. Plaintiffs allege Rios' death resulted from injuries received at the Lone Tree. At the time of her admission, Rios was known to be at risk for falls due to her weakness and other con...
2018.12.3 Demurrer 416
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.12.3
Excerpt: ... First Amended Complaint, defendants' current demurrer is addressed to only the Sixth and Seventh Causes of Action of the SAC. Sixth Cause of Action, Intentional Infliction of Emotional Distress The court overruled defendants' previous demurrer to this cause of action. The current demurrer is based on the same grounds. Accordingly, the demurrer to this cause of action is overruled. Further, the court's order on the previous demurrer said defendan...
2018.12.3 Motion for Summary Judgment, Adjudication 856
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.12.3
Excerpt: ... MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 12/03/18 ‐ 2 ‐ these claims. If the two year statute of limitations applies then the claims are barred, unless equitable estoppel or tolling applies. If the four year statute of limitations applies then the claims are timely and may proceed. Statute of Limitations: 2 vs. 4 years The key issue here is whether the two year statute of limitations applies under CCP §339(1) or the four year state...
2018.2.22 Demurrer 618
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.22
Excerpt: ... District, after counsels met and conferred pursuant to CCP § 430.41, only the first cause of action for Dangerous Condition of Public Property is subject to the demurrer. Standard of Review The role of demurrer is to test the legal sufficiency of the allegations in the complaint. It raises issues of law, not fact. (Lewis v. Safeway, Inc. (2015) 235 CA4th 385, 388.) “In passing upon the sufficiency of a pleading, its allegations must be libera...
2018.2.21 Motion to Vacate Order Re Discovery Referee 011
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.2.21
Excerpt: .... Next came Phase 2 ‐‐ collection of the judgment ‐‐ with Plaintiffs propounding Post Judgment Interrogatories, separate Sets #1 to each of the three judgment debtors, and Request for Production of Documents, Sets #1 on 2/25/16, which were never responded to. Thereafter, Plaintiffs obtained Orders of Examination on 8/5/16 for appearance of Sharon Hinchman and Henry Amado on 9/8/16, but since there had been no effective service, the hearin...
2018.2.21 Demurrer 581
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.2.21
Excerpt: ...tate a cause of action, and has again failed to do so. The demurrer as to the only remaining cause of action, negligence, is sustained without leave to amend. ...
2018.2.16 Demurrer 269
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...ther plaintiff is suing as the representative of her deceased mother's estate, or on her own behalf, or both. The County argues that the Complaint is demurrable because plaintiff was required to comply with the Government Claims Act by filing an administrative claim before suing, and has not done so. As the County notes, however, the Complaint allege that plaintiff has complied with a claims procedure. If that is not true, demurrer is not the way...
2018.2.16 Motion to Dismiss, for Entry of Judgment 132
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...tion to deny the motion. The Court sustained defendant Wells Fargo's demurrer to the original complaint in June 2017, giving leave to file a first amended complaint within 30 days. That deadline for amendment was extended by agreement or court order, so as to give the parties time to discuss settlement. The last extension of time, however, ran out in November 2017. There is no evident excuse for plaintiffs' failure to file their amended complaint...
2018.2.16 Motion for Summary Adjudication 790
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...) which is at a right angle to Walnut Boulevard in Walnut Creek. The Roadway is 30 feet wide and terminates in a 50‐foot‐wide cul‐de‐sac. The Coney property is south of the Dossa property and is closer to the cul‐de‐sac. The Dossa property is to the north of the Coney property and is closer to Walnut Boulevard. The core, but not the entirety, of the parties' dispute is whether the Coneys are permitted to park vehicles along the edge o...
2018.2.16 Motion for Summary Adjudication 312
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...udgment on the pleadings and motion for summary judgment. B. Declaratory Relief. The controversy presented to the Court for decision concerns Article VII of the Covenants, Conditions and Restrictions (“CC&Rs”) governing plaintiff's condominium. (Defendant's Supplemental Exhibit 16.) Specifically, the dispute concerns assessments levied by defendant for common area expenses. 1. Background. Plaintiff's CC&Rs define the “Project” as being 52...
2018.2.16 Motion for Recovery of Attorney Fees 110
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...as an arbitration provision in the contracts between itself and its members, including plaintiff. This Court (Judge Spanos) denied the petition to compel arbitration, holding that the purported arbitration provision was not part of the parties' contractual relationship. The Court of Appeal affirmed in an unpublished opinion. Having thus defeated defendant's attempt to force this dispute into arbitration, plaintiff now seeks an award of the attorn...
2018.2.16 Motion for Judgment on the Pleadings 552
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...y filed an answer to the complaint. Defendants' motion is based on the argument that the complaint does not state any cause of action. Plaintiff Dean Kim has sued Defendants James Totah and Giovanni Cruz for negligence and fraud. “‘The elements of a cause of action for negligence are well established. They are “(a) a legal duty to use due care; (b) a breach of such legal duty; [and] (c) the breach as the proximate or legal cause of the resu...
2018.2.16 Demurrer 060
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.16
Excerpt: ...arise directly under the dual‐tracking provisions of the Homeowners' Bill of Rights (HBOR). Some or all of the other causes of action may at least be affected by those provisions, in that they appear to appeal to the asserted illegality of the alleged dual tracking here as part of the bases for these other claims. For that reason, the Court draws the attention of the parties to a consideration apparently overlooked by both sides: the dual‐tra...
2018.2.15 Motion to Set Aside Summary Adjudication
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.15
Excerpt: ... alternatively adjudication on April 28, 2017. As part of their motion, Defendants submitted two surveys that showed where the relevant easements were located. (See Humann Decl. and Chapman Decl., filed April 28, 2017.) Plaintiff filed his opposition to this motion on July 13, 2017. Plaintiff did not include a survey of the relevant easements, and instead explained that, “I have not yet obtained a survey as I was waiting to obtain the basic inf...
2018.2.15 Motion for Reconsideration, for Protective Order 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.15
Excerpt: ...o a party's motion). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/15/18 ‐ 2 ‐ Here, moving party fails to identify any new fact, law, or circumstance that would permit the Court to reconsider its prior orders. As a result, the Court is without jurisdiction to hear the Motion, and it is therefore denied. ...
2018.2.15 Motion for Judgment on the Pleadings 858
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.15
Excerpt: ...2) violation of Civil Code § 2923.6: dual tracking; (3) wrongful foreclosure; (4) promissory estoppel; (5) promissory fraud; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) negligence & negligence per se; (9) violations of Civil Code § 1788 et seq.: The Rosenthal Fair Debt Collection Practices Act; and (10) violations of Business & Professions Code § 17200, et seq.: Fraudulent, Unlawful, and Unfair Business Practices. D...
2018.2.15 Demurrer 434
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.15
Excerpt: ...ted” between the parties. (Cmplt, paragraph 18) Defendant Orinda Academy contends that Plaintiff's employment was “at will,” since the employee handbook was changed in August 2015 and all employees so advised of the change to “at will” employment by the new employee handbook. (Cmplt, paragraph 10) An employee CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/15/18 ‐ 11 ‐ claiming employment is not “a...
2018.2.14 Motion for Protective Order 451
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.2.14
Excerpt: ...ts respective issues. There is no reason why discovery cannot proceed in this civil case, as the two actions are not dependent on each other. (See Scott v. Industrial Accident Commission (1956) 46 Cal.2d 76, 83.) Defendant's cited authority (Contractors State License Board v. Superior Court (1960) 187 Cal.App.2d 557, 562‐563) is inapplicable since it was to prevent the administrative board from taking further action in a disciplinary proceeding...
2018.2.14 Motion for Leave to File Complaint 995
Location: Contra Costa
Judge: Craddick, Judith S
Hearing Date: 2018.2.14
Excerpt: ...ntion improperly includes a claim for punitive damages. Defendants argue that leaving the scene of an accident is not malicious under Civil Code Section 3294. However, this argument must be brought by way of a motion. The Rules of Civil Procedure do not allow an attack on a part of a cause of action by demurrer or by an opposition to a motion for leave to file a pleading, which is conceded. See Daniels v. Select Portfolio Servicing, Inc. (2016) 2...
2018.2.2 Motion to Sever Cause of Action 099
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ... see also Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1271.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 02/02/18 ‐ 6 ‐ Here, Plaintiff has alleged two causes of action – Cancellation of Deed, and Quiet Title. Plaintiff transferred the subject property in 2014 to his then‐wife, Defendant Xueyan Cui, as her sole property. Cui sold the property in March of 2016 to the Irwin and Betty K...
2018.2.2 Motion to Strike 709
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ... (“IIED”), 8) negligent infliction of emotional distress (“NIED”), and 9) injunctive relief. Defendant Anna Shane asserts that each of Plaintiffs' causes of action are not actionable because they relate to communications subject to the anti‐SLAPP statute. The motion is granted as to the fifth cause of action (wrongful use of administrative proceedings), and as to all allegations concerning Defendant's alleged communications with the Dis...
2018.2.2 Motion to Strike Claim 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ... disability discrimination after he slipped and fell on an outdoor sports court during recess on December 17, 2014. Following the injury, plaintiff requested and was denied various accommodations. (See Complaint, ¶ 26.) Defendant now moves to strike paragraph 53 of the complaint and paragraph 5 of the Prayer, which seek punitive damages. Punitive damages are recoverable in actions for discrimination. (See Commodore Home Systems, Inc. v. Superior...
2018.2.2 Motion to Vacate Default Judgment 380
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ...g Handermann to serve the Asbuns by publication under Code of Civil Procedure § 415.50 in the Florida Times‐Union. The Times‐Union published notices related to this case on October 3, 10, 17, and 24, 2016. On December 5, 2016, default against the Asbuns was entered. On July 17, 2017, the Court entered a default judgment against the Asbuns. This motion followed on November 6, 2017. The basis for the motion is Code of Civil Procedure § 473.5(...
2018.2.2 Motion for Judgment on the Pleadings 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ...policies and practices. (Complaint, ¶¶ 1, 2.) Prior complaints led to settlements between the District and other parties in 2009 and 2010. (¶ 3.) Plaintiff continued to receive complaints even after those settlements, so it presented the District with a request for a structured settlement in 2013. (¶ 4.) After more than a year of negotiations, the parties entered into an Interim Settlement Agreement in March 2015. Under the terms of the Agree...
2018.2.2 Motion for Summary Judgment 969
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.2.2
Excerpt: ...negligence is denied. The motion for summary adjudication as to the second cause of action for premises liability is granted. I. Background Plaintiff Michael Thompson, represented in this case by his guardian ad litem Samarra Taylor, fell from a GameTime Play System playground structure at the Gehringer Elementary School. At the time, he was almost seven years old. The following facts are taken from those undisputed among the parties. The play ar...
2018.2.1 Motion to Set Aside Dismissal and Entry of Judgment 156
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.1
Excerpt: ...y an order of the Court. Three, plaintiff has failed to file a proof of service showing that defendants were given notice of this hearing. Four, even if the foregoing were not true, the case is more than five years old and was never reduced to judgment. The Court would dismiss it under the five year statute. ...
2018.2.1 Motion to Expunge Lis Pendens 243
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.1
Excerpt: ...e claims alleged against Defendants are real property claims. The Court's ruling on the real property claim issue is included in this ruling for completeness. The Court continued the hearing to allow supplemental briefing on whether or not Plaintiffs have met their burden by showing its claims have probable validity. (See Code of Civil Procedure § 405.30, 405.32.) Code of Civil Procedure § 405.30 allows a property owner to file a motion to remo...
2018.2.1 Petition to Compel Arbitration, Stay Proceedings 820
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.1
Excerpt: ...ling order in the near future. The parties, as well as support staff involved in e‐filing, are urged to review that order carefully and abide by its terms. The Court considers that to rule on the petition to compel arbitration (the “Petition”) brought by defendant TWC Dealer Group, Inc. (“TWC”), it must first understand the precise nature of the claims brought and relief requested by plaintiff Shannon Hamrick (“Hamrick”). Therefore,...
2018.2.1 Demurrer 323
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.1
Excerpt: ...d Omissions policy to insure itself for any liability arising out of the performance of processing and facilitating payroll taxes for its clients. (¶ 10.) Defendant Scottsdale issued Affordable a “Business and Management Indemnity Policy.” (¶ 12.) It issued a renewal policy on identical terms a year later, but the following year issued another “renewal” with a broader Endorsement 8 set of exclusions. (¶ 12‐15.) On May 10, 2013, the A...
2018.2.1 Motion for Leave to File Complaint 548
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.2.1
Excerpt: ...ice, and on any terms as may be proper, allow a party to amend any pleading… ” (CCP § 473(a)(1).) While judicial policy favors resolution of all disputed matters between the parties, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/01/18 ‐ 2 ‐ court finds the public nuisance cause of action fails to state a cause of action as it is timebarred. “Ordinarily, the judge will not consider the validity of ...
2018.2.1 Motion for Offset from Judgment 689
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.1
Excerpt: ... prevailed based on her statute of limitations defense. A judgment, representing Redig's fees and costs, was entered on that cause of action. However, it is important to remember here the procedural history of the case. The Kizors had sued Redig on both fraud and breach of contract theories. The breach of contract theory had been removed from the case on demurrer, well before the fraud cause of action was tried. Following the judgment on the frau...

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