Excerpt: ...that he has no viable case against at least this defendant. If so, the professionally appropriate response would have been to agree to dismiss as against this defendant. The Court suggests that going forward, plaintiff's counsel should exercise an appropriate selectivity in judging which defendants he has an arguable claim against, and which he doesn't. Factual Background On May 23, 2021, Plaintiff Ethan Lynch was involved in a dirt bike accident...

Excerpt: ...ersonal injury and professional negligence related to medical care she received from Dr. Cominos at the Contra Costa Regional Medical Center and Health Clinics (sued herein as Contra Costa Health). She is also suing Anna Roth who is the Chief Executive Officer of Con tra Costa Health. Plaintiff received medical care from Dr. Cominos and Contra Costa Health in 2021. She continued to experience pain, but she alleges that was unable to receive appro...

Excerpt: ... The Court not es that both sides' briefs have reversed the numbering of the two counts at issue, referring to the § 98.6 count as count 6 and the § 1102.5 count as count 7. The Court will follow the numbering in the FAC. The MJOP is granted without leave to amend as to the sixth cause of action. It is denied as to the seventh cause of action. The motion to strike is denied. Legal Standard A defendant may move for judgment on the pleadings on t...

Excerpt: ...ed by the de fendants. For the reasons set forth below, the motion to compel is granted. Background Plaintiff John Rogan was admitted to defendants' facility on February 23, 2021, for a left total hip arthroplasty. Two different medications, in almost identical looking vials, were lined up next to each other in the operating room. Allegedly, the wrong medication was injected into plaintiff John resulting in seizures, renal failure, pneumonia, and...

Excerpt: ...G DATE: 06/12/2024 Background Plaintiff Stars Holding Co. commenced this action in April 2020 against Defendants Karim Mehrabi and Golam Hossein Baig alleging defendants breached an implied- in-fact contract between Stars and defendants pursuant to which Stars loane d defendants $400,000 to remodel a 76 Gas Station in Aromas, California owned and operated by Defendants. Stars filed a first amended complaint on August 21, 2020, and then a second...

Excerpt: ... Dev in and Senique Braswell are majority shareholders in the defendant corporation, which is a cannabis dispensary doing business as Lemonade, in Antioch, California. The Braswells serve on the 3 -person Board of directors of Alluvium. The third Board member is Patti O'Brien. O'Brien is a minority shareholder along with non - Board member Michael Gourkani. The plaintiffs loaned Alluvium, defendant corporation, $1,000,050 in May 2023, to be repai...

Excerpt: ...is entit led to the sale proceeds of real property at 400 6th Street in Rodeo, California, titled in the name of the David L. Gregory Revocable Trust at the time of the sale. Defendants are (1) Shannon Gregory Duke, individually, and as the Administrator of the Est ate of David L. Gregory; (2) Jeannie Gregory; and (3) Gilbert J. Gregori. Jeannie Gregori (Jeannie) and Shannon Gregory (Shannon) are David L. Gregory's (David's or the decedent's) adu...

Excerpt: ... of this order by defendant in which to file and serve a second amended complaint. Background Plaintiff Ahmad Esmatyar filed the operative first amended complaint (FAC) on August 31, 2023. The FAC is a Judicial Council form complaint and contains a single cause of action for breach of contract. Plaintiff alleges that defendant Farmers New World Life Insurance Company (FNWL or defendant) breached a written contract to reinstate plaintiff's life...

Excerpt: ... first and second caus es of action, sustained, with leave to amend; and (b) third cause of action for failure to comply with prior writ of mandate is sustained, without leave to amend. Any amended Petition must be filed by June 21, 2024. Background The Petition filed by Dr. Gle n Stewart in pro per ("Dr. Stewart" or "Petitioner") appears to assert three causes of action for (1) violation of due process (1st C/A), (2) breach of...

Excerpt: ...ed with l eave to amend. Plaintiff shall have until June 21, 2024, to file and serve a second amended complaint. Background Plaintiff Catherine Noel Nelson, as Trustee of the Catherine Noel Nelson Living Trust, U/A dated July 21, 2020 (“plaintiff”), owns the prop erty 1736 First Street, Richmond, CA 94801 -1506 (the “1736 Property”). Plaintiff leases the 1736 Property as a residential unit to tenants. Defendant Housing Authority of the C...

Excerpt: ...tion “for i tself and as assignee of Veronica McRae […].” The Second Amended Complaint (“SAC”), like the previous version of the complaint, alleges a single cause of action for medical negligence against San Ramon Regional Medical Center (“SRRMC”) and Narendra Malani, M.D. (“Malani”). According to the SAC, Anthony McRae (“decedent”) suffered a fall while in the scope and course of his employment with Stevedoring Services of ...

Excerpt: ...nslator, and after-school tutor at Pinole Middle School at the time. Plaintiff did not file any sort of government claim or lawsuit until this one, on May 6, 2022. The filing, though nearly two decades after the assaults took place, was nonetheless permitted by Cal ifornia Assembly Bill 218 (“AB 218”), which was signed into law in 2019 and took effect on January 1, 2020. AB 218 changed the procedural requirements for bringing a claim for ch...

Excerpt: ...sability, retaliation, and wrongful termination. Defendant's unopposed request for judicial notice is granted. (Cal. Evid. Code § 452 (b).) For the following reasons, the Defendant's Motion for Summary Judgment is denied. Defendant's motion for summary adjudicati on is granted in part and denied in part. General Factual Background Plaintiff began working for Defendant John Muir in June 2018. (UMF 1.) At all times while employed by John Muir, Pla...

Excerpt: ...of the 1s t C/A, 3rd, and 5th C/As, treated as a motion for judgment on the pleadings as to those causes of action - granted, with leave 29 for Plaintiff to amend those causes of action; (3) alternative motion for summary adjudication of 2nd C/A – denied as moot; (4 ) alternative motion for summary adjudication of the 4th and 6th C/As – denied; and (5) alternative motion for summary adjudication of issues under Code of Civil Procedure section...

Excerpt: ...tes to Cross -Complainant Crowder Construction Inc.'s (“Crowder”) Third Toe Amended Cross -Complaint for twelve causes of actions relating to contract, indemnity, and negligence claims. Cross -Defendant demurs to Plaintiff's first, sixth, eighth, tenth, and twelf th cause of action on the grounds that Cross -Complainant Crowder Construction's Third Toe Amended Cross -Complaint is uncertain and fails to state sufficient facts for the challeng...

Excerpt: ...12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 06/06/2024 15 See Line 1 for a schedule and comments as to how to proceed from here. Factual and Procedural Background BIT filed this lawsuit against Spalasso, seeking collection on what were alleged to be two loans made to him. The details of the parties' claims and defenses on the underlying lawsuit are not material to this motion. The case was set for trial on August 14, 2023. On July 28, 20...

Excerpt: ...cerning the status of arbitration. 1. Background Plaintiff obtained a high interest car title loan from Simple Cash Loans, Inc. on November 29, 2018. (Shafir Decl., Ex. A; see also First Amended Complaint ¶14.) After he made payments through December 2020, plainti ff defaulted on the loan and Simple Cash Loans attempted repossess his SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT H...

Excerpt: ...AGA cla ims. The FAA applies to the arbitration agreement. (Arbitration Agreement ¶15.) Under current law, Plaintiff would be required to arbitrate her individual PAGA claim. (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639, 661.) However, when the parti es entered into the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/06/2024 10 arbitration agreement Vik...

Excerpt: ...s of d efendant Signature Painting and Construction, Inc., but only as to the amount of $407,000, plus interest accruing up to the date of the writ of attachment. Attachment is denied as to defendants Brandon Morford and BOME Holdings, Inc. As a condition of attachment, Mitchell must post a bond in the amount of $10,000. Background and the Pleadings This case arises from the buyout of plaintiff Mitchell's majority ownership in SPC, a painting con...

Excerpt: ...OFFICER: TERRI MOCKLER HEARING DATE: 06/05/2024 2 Request for Judicial Notice Defendant Preimesberger requests judicial notice of Plaintiff's First Amended Complaint filed May 22, 2024, the operating complaint for the case at bar. Since the FAC is the operating compla int in the current case judicial notice is unnecessary and denied. Plaintiff requests judicial notice of three exhibits. The first two exhibits are Statements of Information file...

Excerpt: ... denied. Background Plaintiff Gonzalo Zarate was a customer at the La Loma Market in San Pablo, California, on November 7, 2022, when he slipped and fell on the floor inside the store and suffered injuries. Plaintiff filed this action for negligence, premises liab ility, and loss of consortium on February 27, 2023. The complaint states that the plaintiff stepped on an “unknown hazard” which caused him to fall and be injured. (See paragraphs...

Excerpt: ...te sufficient facts. The motion to strike is granted as to punitive damages and injunctive relief. Plaintiff has leave to amend and shall file and serve any amended complaint by June 17, 2024. I. Factual Background According to the complaint, on or about April 20, 202 3, plaintiff, Eli Hazan, purchased a new 2021 Audi SQ8. (Complaint, ¶¶4 -5.) Defendant Volkswagen Group of America, Inc. (“VW”) offered an "express warranty" pursuant...

Excerpt: ...NEZ, CA DE PARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 06/05/2024 17 Background According to the declarations filed in support of this application, plaintiff's predecessor, California Plaza, L.L.C., and defendant Yapstone Holdings, Inc. entered into a commercial lease agreement on or around April 1, 2015. (Declaration of Joshua Roddy, hereinafter “Roddy Decl.,” ¶2.) The premises leased included Suites 400 and 425, 2121 N. Cali...

Excerpt: ...ion Desig n, Inc. to construct an Accessory Dwelling Unit (ADU) at their home. Plaintiffs allege that Civver and Sevilla were not licensed contractors and were fraudulently using co -defendant Rodney Dotson's contractor license. Plaintiffs allege the defendants faile d to timely or competently build the ADU, submitted false and inflated invoices for payment for work not performed, and failed to pay subcontractors and materialmen, who the plainti...

Excerpt: ...ate of the hearing, was not served at least 75-days before the hearing in this matter. A notice of motion for summary judgment and all supporting documents must be served 8 at least 75 -days before the hearing with additional days added for different types of serv ice. (Code of Civil Procedure section 437c(a)(2).) Trial courts cannot shorten the required 75 -day notice period. (See, McMahon v. Superior Court (2003) 106 Cal.App.4th 112, 118.) A no...