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2024.06.13 Motion for Summary Judgment 352
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.13
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...
2024.06.13 Motion for Judgment on the Pleadings 503
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.13
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...
2024.06.13 Demurrer to FAC 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.13
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...
2024.06.12 Motion to Compel Discovery Responses 191
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
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...
2024.06.12 Motion for Leave to File Complaint 575
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
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...
2024.06.12 Motion for Appointment of Receiver, Preliminary Injunction 866
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
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...
2024.06.12 Demurrers to FACC 391
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.12
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...
2024.06.10 Demurrer 108
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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...
2024.06.10 Demurrer 898
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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...
2024.06.10 Demurrer to FAC 321
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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...
2024.06.10 Demurrer to SAC 740
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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 ...
2024.06.10 Motion for Judgment on the Pleadings 943
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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...
2024.06.10 Motion for Summary Judgment 535
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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...
2024.06.10 Motion for Summary Judgment, Adjudication 195
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.10
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...
2024.06.07 Demurrer, Motion to Strike 531
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.06.07
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...
2024.06.06 Motion to Enforce Settlement Agreement 233
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
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...
2024.06.06 Motion to Compel Arbitration and Stay Action 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
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...
2024.06.06 Motion to Compel Arbitration 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
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...
2024.06.06 Motion for Right to Attach Order, Writ of Attachment, TPO 873
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.06.06
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...
2024.06.05 Motion to Transfer Venue 793
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
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...
2024.06.05 Motion for Terminating, Issue, Evidentiary Sanctions 454
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
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...
2024.06.05 Demurrer 633
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
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...
2024.06.05 Application for Right to Attach Order 984
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.06.05
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...
2024.06.03 Motion for Judgment on the Pleadings 271
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.03
Excerpt: ...e over a times hare at one time owned by the four parties, specifically the case James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior Court Case No. MSC16 -01460 (the "Prior Litigation"). The Prior Litigation was resolved by settlement. This lawsui t arises out of the settlement and other events related to the Prior Litigation. Kilarr passed away after this lawsuit was commenced. The parties entered into a stipula...
2024.06.03 Motion to Set Aside Default and Quash Service of Summons 358
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.03
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...
2024.06.03 Motion for Summary Judgment, Adjudication 414
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.06.03
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...
2024.05.31 Motion to Transfer Action for Coordination 334
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.31
Excerpt: ...roxi mately August 2016 to December 2022. (Declaration of Peter I. Isola in Support of Motion, Ex. 4.) She ultimately settled for a sum she contends was much less than the case was worth because the suit was subject to dismissal under Code of Civil Procedure, s ections 583.310 and 583.360 (the statutes requiring cases to be tried within five years). Plaintiff filed this malpractice action against her second attorneys whose representation began ...
2024.05.31 Motion to Strike 992
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.31
Excerpt: ...tricken: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/31/2024 1. “Plaintiff is entitled to an award of punitive damages for such reckless conduct in order to deter such bad behavior by major corporations placing profits over people.” (Paragraph two on page six of twelve (final sentence) of plaintiff's First Amended Complaint.) 2. Plaintiff's prayer for pun...
2024.05.31 Motion for Preliminary Injunction 292
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.31
Excerpt: ...ent) f or: A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer lines and for telephone, television service, electric light and power lines, together with the necessary poles o r conduits, over the area designated as a "28[ -foot] strip dedicated to Contra Costa County" in Book 19 of Parcel Maps, Official Records, Page 36, Contra Costa County. (See 9/12...
2024.05.30 Motion to Stay Pending Appeal 062
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...the motion is denied. Background Plaintiff Marcus Mitchell was employed by defendant San Pablo Healthcare and Wellness Center, Inc. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 12 His complaint alleges a single cause of action under the California Private Attorneys General Act, Labor Code §§ 2698 et seq. (PAGA) for various wage and hour and other Labor Co...
2024.05.30 Motion to Compel Arbitration 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ey- Davidson motorcycle from defendant McGuire Powersports, LLC (McGuire or defendant) pursuant to a Retail Sales Installment Contract (RISC) dated April 27, 2022. (Declaration of David MacDonald, ¶ 3 and RISC, 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE Z, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 2 Exh. A.) Plaintiff filed an amendment to the complaint naming McGuire on January 30, 2023. (See ...
2024.05.30 Motion for Reconsideration or to Deny Motion for Summary Judgment 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ration M otion Defendants' prior summary judgment motion rested on four distinct arguments: 1. Plaintiff's present lawsuit is barred because of its failure to comply with the procedural requirements of Code of Civil Procedure § 474 as to naming Doe defendants. 2. P laintiff's present lawsuit is barred by judicial estoppel, arising from its inconsistent statements in the prior lawsuit as to whether it knew or didn't know the identity of the Doe d...
2024.05.30 Motion for Approval of PAGA Settlement 441
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: .... Plaintiff was employed by defendant during the relevant time period as a per sonal attendant. Plaintiff also moves for approval of her attorney's fees, litigation costs, administration costs, and representative payment. The motion is granted. A. Background 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 pa...
2024.05.29 Demurrer to SAC 792
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.29
Excerpt: ...pertai ns to issues arising from the purchase of real property located at 4120 Happy Valley Road in Lafayette, California. Plaintiffs Kenneth Hershbell and Jewel Shim purchased the Property from Defendants Kamesh and Hinaben Patel in June 2017. (¶ 12.) Defendant Simon Motley, dba The Motley Team (“Defendant” or “Motley”) represented Plaintiffs as their real estate agent for the transaction. (¶ 3.) At some point prior to this sale, it is...
2024.05.23 Demurrer 977
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...ief, the cas e arose out of allegations that plaintiff was stabbed on the premises of a restaurant in Pacheco. Counsel filing the complaint on Fernandez's behalf was Robert Rodriguez. However, Rodriguez was suspended from the practice of law on April 30, 2021, and he was disbarred on September 23, 2022. The parties have not identified the grounds for the suspension and disbarment, but there is no contention that they arose from any conduct dire...
2024.05.23 Demurrer 091
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...h caus e of action for abuse of process is sustained without leave to amend. Tyma's demurrer to the fifth cause of action for injunctive relief is sustained with leave to amend as set forth below. If Be Kind contests this tentative ruling to seek leave to amend the third and fourth causes of action, it should come to the hearing with a specific proposal as to how it intends to amend the complaint and argument as to how the amendment will salvag...
2024.05.23 Motion for Preliminary Injunction 262
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...cedure § 5 29(a); and (b) Plaintiffs filing amended proofs of service demonstrating service of the summons, complaint, and motion pleadings on defendants Town SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TRE AT HEARING DATE: 05/23/2024 14 of Moraga and Z -Golf Food and Beverage Services, LLC dba Wedgewood Weddings as set forth below. Specifically, the Court grants a preliminary injunc...
2024.05.23 Motion to Compel Arbitration 918
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ... December 2 020 through July 2023. (Declaration of Melissa Harborne 1/29/24 (“First Harborne Decl.”) ¶ 3.) Plaintiff Donna Prevost worked for CMG as an hourly, non -exempt funder from approximately 2016 through 2023, and was also based in San Ramon, California. (First Harbourne Decl. ¶ 4.) On November 15, 2023, Plaintiffs filed a class action complaint against Defendant alleging that Defendant engaged in a pattern and practice of wage abus...
2024.05.22 Motion to Strike 367
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...ound This c ase arises out of a motor vehicle accident. Plaintiff alleges that he was involved in a motor vehicle accident involving Defendant Brinkman and Defendant Lopez on or about April 5, 2022. (Complaint at ¶¶ 18, 19.) The Complaint alleges that both Defendants were driving in an unsafe manner in violation of California Vehicle Code Sections 22350, 23123 and 21703. (Id. at ¶¶ 30, 31.) Legal Standard California Civil Code (“CC”) § 3...
2024.05.22 Motion to File Confidential Settlement Agreement Under Seal 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...s. A full his tory is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER : TERRI MOCKLER HEARING DATE: 05/22/2024 Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolvi...
2024.05.22 Motion to Enforce Settlement Agreement, Demurrer 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...omplaints, an d amended pleadings. A full history is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolving all the issues between those parties. Thereafter, on May 30, 2023, Plaintiffs filed, and received, a...
2024.05.22 Motion to Compel Arbitration 505
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: .../22/20 24 claims to binding arbitration, and to either dismiss or stay this civil action pending the conclusion of arbitration. The Motion relates to Plaintiffs' Complaint for (1) motor vehicle negligence; (2) general negligence; (3) fraud; and (4) declaratory re lief. Defendant moves for an order compelling arbitration of Plaintiffs' claims and to dismiss or stay this action pending completion of the individual arbitration. Plaintiff argues that...
2024.05.22 Motion for Mandatory Joinder 885
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...d Matthew Tyler Lopez, on or before June 3, 2024. Plaintiff's truck was destroyed by a vehicle operated by defendants Mark Lewis Hinton and Tara Khawaja early in the morning on February 1, 2021. These drivers were allegedly working for DoorDash an d h i g h on d rugs at th e t ime of the collision. This case was filed on May 3, 2021, after both the insurer for DoorDash and the insurer for Khawaja (owner of the vehicle) refused to cover plaintiff...
2024.05.22 Motion for Discovery Protective Order 153
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...RI MOCKLER HEARING DATE: 05/22/2024 Background This case involves a multi- vehicle collision that occurred on April 7, 2022, in Concord, California. Defendant Ruben Andrade, while employed by defendant ARB and driving an ARB vehicle, rear -ended a vehicle dr iven by defendant Irfan Chaudhry, who, in turn, collided with plaintiff's vehicle. The plaintiff, Romeo Monzon, sustained physical injuries and his vehicle sustained extensive damage. The pla...
2024.05.20 Motion to Set Aside Default and Quash Service of Summons 358
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.20
Excerpt: ...s filed this action on February 16, 2023 alleging that they contracted with defendants Gin Ivy Sevilla and Civver Construction Design, Inc. to construct an Accessory Dwelling Unit (ADU) at their home. Plaintiffs allege that Civver and Sevilla were not licensed con tractors and were fraudulently using co -defendant Rodney Dotson's contractor license. Plaintiffs allege that defendants failed to timely or competently build the ADU, submitted false ...
2024.05.20 Motion for Summary Adjudication 904
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.20
Excerpt: ...al. Evid. Code § 452 (b), (h).) For the following reasons, Defendant's MSA is denied. Factual and Procedural Background This matter pertains to work performed by Plaintiff MVP Construction, LLC (“Plaintiff” or “MVP”) for Defendant City of Pinole (“Defendant” or “Cit y”) regarding installation of a pre -fabricated restroom facility at Fernandez Park in Pinole (the “Project”). The City previously brought a motion for summary ad...
2024.05.20 Demurrer 108
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.20
Excerpt: ...hearing on the demurrer i s continued to 9:00 a.m. on June 10, 2024. The Court requests that CCCERA submit supplemental briefing on the issues set forth below before the Court rules on the demurrer. CCCERA' supplemental brief of no more than 10 pages shall be filed and served by el ectronic mail, facsimile, overnight mail or personal delivery by May 28, 2024. Petitioner shall file any response to CCCERA's supplemental brief of no more ...
2024.05.17 Motion to Strike 237
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...(“District”) is a reclamation district that owns and controls levees and drainage facilities in Contra Costa County. The District owns and operates a levee that runs through a portion of Defendants' Property. District policies prohibit encroachments on the levee crown (e.g. fences or gates), so that its employees will have unobstructed access to the levees. (¶ 25.) In or around August 2022, Defendants' representative contacted the District t...
2024.05.17 Motion to Enforce Settlement, for Attorney Fees 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ... gr anted. Mazzarella may prepare and submit a proposed judgment consistent with the SFSU and this order, after circulating the document for approval as to form. Mazzarella's request for attorney fees is granted in part. Mazzarella is awarded attorney fees and costs in the amount of $3,560. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/17/2024 Background Defendan...
2024.05.17 Motion for Summary Judgment 647
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...tions, L LC, is unable to prevail on its complaint for breach of contract, as discussed below. In response, plaintiff fails to raise triable issues of fact. Cambra shall prepare and circulate a proposed form of judgment, separate from any order on this motion, to submit for the Court's signature. Factual and Procedural Background The facts are largely undisputed. Defendant, Ronald Cambra lives at 1364 Warren St. in Martinez, a property he inherit...

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