Excerpt: ...Astro Construction (“Riley,” “Astro,” or “Plaintiff”)'s First Amended Complaint (“FAC”). The FAC alleges seven causes of action for: (1) breach of oral contract, (2) complaint for services, (3) promissory estoppel, (4) fraud, (5) violation of prompt payment statute, (6) recovery on payment bond, (7) enforce of stop payment notice, and includes a prayer for punitive damages. Defendants move for summary judgment pursuant to Code of ...

Excerpt: ...een made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. Section 100...

Excerpt: ...ollectively, “Plaintiffs”). This is an unlawful foreclosure case. The Complaint pleads causes of action for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2923.6(c); (3) violation of Civil Code § 2923.7; (4) violation of Civil Code § 2924.9; (5) violation of Civil Code § 2924.10; (6) negligence; (7) unfair business practices (Bus. & Prof. Code § 17200, et seq.); and (8) cancellation of instruments (Civil Code § 3412)...

Excerpt: ...TINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/19/19 ‐ 18 ‐ This case presents the question whether a tenant who raises habitability claims as an affirmative defense in an unlawful detainer action and receives a partial rent reduction based on such claims may thereafter file a civil lawsuit seeking recovery for personal injuries and emotional distress based, at least in part, on those same habitability claims. Under the circumstances of th...

Excerpt: ...its. In support of their special demurrer, defendants pointed out many inconsistent or otherwise confusing allegations that render plaintiffs' complaint ambiguous and unintelligible. Plaintiffs failed to address the special demurrer in their opposition memorandum, leaving the special demurrer functionally unopposed. (See, Cal. Rules of Court, rule 8.54, subd. (c) [“[a] failure to oppose a motion may be deemed a consent to the granting of the mo...

Excerpt: ...f action for (1) declaratory relief, and (2) violation of Civil Code § 2923.6. Plaintiffs moved ex parte for a temporary restraining order on August 23, 2019. The Court heard the ex parte application, granted the TRO, and entered an order to show cause why a preliminary injunction should not be granted calendared for September 26, 2019. The parties stipulated to continue the hearing date and the matter is now before the Court. For the following ...

Excerpt: ...llowing reasons, Defendant's motion is denied. Papers Before the Court On or about December 12, 2019, Plaintiff filed a document titled “Plaintiff Tami Ware's Amended Statement of Disputed Facts and Additional Undisputed Material Facts in Opposition to CSAA's Motion for Summary Judgment or Alternatively Summary Adjudication.” This document is untimely, and no arguments or evidence have been offered to show good cause for its inclusion in the ...

Excerpt: ... unopposed request for judicial notice is granted. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Cause of Action is for negligent misrepresentation. Defendant Bank's demurrer is sustained on four grounds. First, as pleade...

Excerpt: ... in the Company was owned by a third party.) This ruling refers to Kerry Murphy as Defendant and Michael Verlander as Plaintiff, however, this ruling also applies to Margaret Murphy and Janet Verlander. Together the parties operated a winery for a number of years. In 2015, Plaintiff sold his shares in those companies to Defendant pursuant to a Purchase and Sales Agreement. The parties signed the PSA on May 11, 2015 and escrow closed on this agree...

Excerpt: ...he plaintiffs' property, outside the easement area, without express permission from plaintiffs or plaintiffs' counsel. Plaintiffs have failed to present any evidence that the construction activities of defendant have occurred, or may occur, at unreasonable times. As a result, the Court declines to limit the schedule of any ongoing activities incidental to construction. The undertaking is set in the amount of $5,000. (Code Civ. Proc. §§ 529, 995...

Excerpt: ...aying no role in the foreclosure process. This relief is conditioned on plaintiff posting an undertaking in the sum of $ 1,000.00, on or before December 20, 2019. The basis for this ruling is as follows. A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are moot. Mr. Nejat filed a supplemental declaration on November 14, 2019, and plaintiff has not filed evidentiary objections directed to that supplemental decl...

Excerpt: ...n Lafayette. (FAC, ¶¶6, 11.) Defendants acted as a dual agent representing both the plaintiff (buyer) and seller in the transaction. (FAC, ¶¶12‐13.) Plaintiff alleges that defendants represented the lot as “buildable” without any basis, and that plaintiff purchased the lot in reliance on that statement and lack of disclosures. Plaintiff contends that the lot was not buildable, and that he incurred significant damages resulting from his ...

Excerpt: ...ts “on any basis not inconsistent with the Constitution of this state or of the United States.” (Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17.) “‘When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.'” Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17, internal quotation marks omitted.) “If the pl...

Excerpt: ...um of $ 1,000.00, on or before November 22, 2019. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/07/19 ‐ 6 ‐ A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are sustained. Mr. Nejat has not established personal knowledge of the matters that are the subject of his declaration, has not stated his qualifications as a custodian of reco...

Excerpt: ...the tripartite membership works among the American Dental Association, California Dental Association and the component societies for each county in California. She states the both CCDS and MCDS approved Dr. Clark's request to remain in the CCDS, notwithstanding the fact that she may no longer live, work, or practice in Contra Costa. (RossPatchin Decl., ¶15(A).) The CDA recognized and approved the transfer exception as a final resolution to Dr. C...

Excerpt: ...tiff offers no evidence that defendant Mehrzad Azari is mismanaging the subject businesses in a manner that is causing harm to the businesses; plaintiff simply objects to the amount of compensation that Mr. Azari is receiving from the profits of the businesses. This is an objection that can be fully remedied through an award of monetary damages. A‐2. The Threat of Disruption. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARI...

Excerpt: ...not addressing the substance of the motion now, the Opposition that plaintiff filed on 11/4/15 raises several issues that require discussion. First, plaintiff argues that defendant has no right to bring this motion because the motion is based on the same grounds as defendant's previous motion and thus violates CCP § 437c (f)(2). However, the court denied defendant's previous motion “without prejudice,” so this argument lacks merit. Second pl...

Excerpt: ...tute a cause of action. For the foregoing reasons, the motion is denied in its entirety. Facts Alleged in the Complaint The parties entered into an agreement for the purchase of a show quality female standard schnauzer puppy for $2,500. (Complaint ¶ 6.) On June 9, 2017, plaintiffs paid a non‐refundable deposit of $1,000 and understood that they would have to pay the remaining $1,500 to take possession of the puppy. (Complaint ¶ 6.) On May 2, ...

Excerpt: ... the default was entered, but it was rejected. Code of Civil Procedure section 340.41 (a)(2) states, “If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under pe...

Excerpt: ...igence. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests judicial notice of several facts regarding his previous representation of Plaintiff as well as individual docket entries regarding case nos. C94‐03923 and C13‐01476. Though unclear, Plaintiff appears to object to this request. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the ...

Excerpt: ...standing discovery by December 11, 2017, awarded sanctions of $1,050 against Dees for his failure to respond to discovery and it ordered that the Requests for Admission were deemed admitted. Defendants ask this Court to set aside the Discovery Order based upon extrinsic mistake. Defendants explain that in order to set aside this order, they must show: “ ‘ “First, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DA...

Excerpt: ... bifurcation. The standard of review on a tax refund case under Rev. & Tax. Code Section 5140 confines the court to the administrative record, whether the issues are factual or legal in nature. When a taxpayer claims a valid valuation method was applied improperly, the court may overturn the assessment appeals board's decision only if there is no substantial evidence in the administrative record. See California Minerals, L.P. v. County of Kern (2...

Excerpt: ...on or before March 13, 2019. However, Alameda County is also granted leave to amend its allegations regarding actual receipt of the Notice of Violation by Angela Calvillo or to better allege any claim of a continuous or repeated nuisance even after the incident of February 21, 2017. As to the latter claim, Alameda County may state such claim within the nuisance counts currently alleged or as one or two new standalone counts. If Alameda County ele...

Excerpt: ...on (“LAFCO”) from dissolving the District without confirmation of voters as required by Government Code section 57077.1(b)(2)(A)(II). Petitioner/Plaintiff District alleges LAFCO has voted to dissolve the District without confirmation of the voters even though the District has obtained more than the number of valid protest signatures. The motion is made on the grounds the District requires adequate time and reasonable access to the protests to...

Excerpt: ...: 1) the Wood Destroying Pests and Organisms Report (Termite Report); 2) the Roof Inspection Report, for which Specialty hired a third party (Roof Report); and 3) the Property Inspection Report (Property Report). After receiving the reports, plaintiffs closed escrow on May 21, 2014. According to plaintiffs, when their remodeling contractor, John Corbett, viewed the property to begin work, he saw major problems. Though the Termite Report did docum...