Excerpt: ...ng or “merely offensive” comments in the workplace,' and it cannot be ‘occasional, isolated, sporadic, or trivial; rather, the employee must show a concerted pattern of harassment of a repeated, routine, or a generalized nature.' [Citation] Whether the harassment is sufficiently severe or pervasive to create a hostile work environment ‘must be assessed from the “perspective of a reasonable person belonging to [the same protected class a...

Excerpt: ...ke sure that the exhibits they file with this Court are properly tabbed. Using a filing service does not relieve attorneys of their obligation to ensure that documents are properly tabbed. Defendants point out that they did not receive the opposition by fax as was stated in the proof of service attached to the opposition. Defendants also state that they did not receive all the opposition documents until September 9, 2019. (Pearson decl. ¶¶5‐6...

Excerpt: ...ay strike out “any irrelevant… matter asserted in any pleading.” CCP § 436. “Irrelevant matter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) As to striking the request for attorney's fees, the motion is granted. Defendants argue there i...

Excerpt: ...m. on November 15, 2019 in Department 14 of this Court. Plaintiff's complaint alleges that his wife, Katherine Louis Loforte‐Delgadillo, died in 2017. Her estate included a house located at 2495 Reliez Valley Road, in Martinez, California, that was either not fully completed or needed substantial repairs. Plaintiff alleges the house was worth $1.6 million in its diminished condition and that repairs would have cost $250,000. Plaintiff was jaile...

Excerpt: ...is in pro per. The Complaint pleads causes of action for (1) “violation of the Administrative Procedure Act, under the California Commercial Codes section 1207 through 3505” and (2) “cancelation of instruments for Defendants' failure to reconvey Plaintiff's deed of trust and promissory note.” For the following reasons, the Motion for Summary Judgment is granted. Standard A “motion for summary judgment shall be granted if all the papers ...

Excerpt: ... Hathaway Homeservices Drysdale Properties and its agents or employees not related to this instant lawsuit or otherwise required by law.” The Court modifies the injunction as follows: Defendant shall not communicate with the individual Plaintiffs or agents or employees of Pearson Properties except as required for this lawsuit or as follows: (1) Defendant may communicate with the Plaintiffs (or their agents) related to buyers obtaining loans for...

Excerpt: ...Complaint, FFIC has “no ability to respond to the complaint and has no obligation to meet any judgment in the action.” Memorandum of Points and Authorities (“MPA”) 5:1‐15. There is no requirement that a Complaint brought under Probate Code § 550 et seq name the insurer as a party. Probate Code § 552(a) expressly requires that the estate of a decedent insured is to be named as a party and sued on behalf of the insurer. It states, in re...

Excerpt: ...ly challenges the settlement with Lourdes Mahay (“Lourdes”). In this three car accident, Lourdes claims medical specials of $39,591, lost wages of $19,500, and $1 million in general damages related to her right hand injury. Popp contends she has zero liability for the accident and therefore cross‐defendant's $250,000 settlement is “out of the ball park” in relation to Lourdes' claimed damages of $1,059,091.04. At the very least, Popp re...

Excerpt: ...September of 2017. Plaintiff alleges the blood tests revealed she had massive systemic infections, including sepsis, infective endocarditis, C‐diff, and colitis with bleeding ulcers. Plaintiff alleges she was prematurely discharged because insurance would not pay for a longer stay. In October of 2017, after Mrs. Kalnoki became blind and lost all sensation in her legs, and was near death, she was admitted to John Muir Hospital, with a diagnosis ...

Excerpt: ... plaintiff's ownership interest in their corporation. Plaintiff was granted a 20% ownership interest in Sutter‐Tacoma, a recycling and document destruction business, in recognition for his services as manager of its Tacoma facility. (TAC, ¶ 7, 8.) This ownership interest was complete by the end of 2012 and it vested immediately. (¶ 8.) In December 2013, Sutter‐Tacoma and several other companies merged to form The Sutta Company, Inc. (¶ 9.)...

Excerpt: ...V's Administrative Per Se hearing is contrary to the weight of the evidence. Background Facts Petitioner, Dedanim Adams, prior to his arrest on September 18, 2016, was the holder of California Driver's License Number B6999306, issued by Respondent, Department of Motor Vehicles. Adams was arrested for an alleged violation of Vehicle Code § 23132(a) & (b) by Officer Jeremy Anselmi of the California Highway Patrol in Contra Costa County. Petitioner...

Excerpt: ...cts Plaintiffs' continued use and access of the easement. However, Defendants may replace the concrete driveway with pavers as described in Gibson's declaration. There is no evidence that the pavers will unreasonably CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/11/19 ‐ 2 ‐ interfere with Plaintiffs' use of the easement area and as such, Plaintiffs' will not be harmed by the placement of the pavers. The part...

Excerpt: ...rification that Defendant's construction of the fence does not further encroach on Plaintiffs' property beyond the area subject to the Settlement Agreement. The motion is denied to the extent Plaintiffs' motion seeks removal of construction materials currently located within the area subject to the Settlement Agreement. Background Plaintiffs Aamir Shan and Nadia Shan own real property at 898 El Pintado Road in Danville. Plaintiffs' adjoining neig...

Excerpt: ...nc. to serve as his agent in the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/28/19 ‐ 16 ‐ purchase of commercial property at 321 Hartz Avenue in Danville, California. FAC at ¶ 7, Ex. 1; see also FAC ¶ 9, Ex. 2. Through defendants, Plaintiff entered into a purchase and sale agreement for the property on July 10, 2018. Id. at ¶ 8. Plaintiff deposited $100,000 towards the purchase price. Id. at ¶ 11. Near...

Excerpt: ...ul Lowden. Plaintiff asks for a judgment of $112,053.20. Eric Thompson, a vice president of Plaintiff, states that Defendants borrowed $200,000 from Plaintiff in 2003. (Thompson Decl. ¶3.) The terms of the loan and personal guaranty are stated in Thompson's declaration and the loan documents are attached to the declaration. (Thompson Decl. ¶¶ 3‐5 and exhs. 1, 2 & 3.) Thompson states that Defendants defaulted on the loan on April 1, 2017 by f...

Excerpt: .... The Enforceability of Dual Selection Clauses. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/28/19 ‐ 7 ‐ The contractual language at issue here reads as follows: Any litigation arising out of this Agreement shall be brought by either party in a court of competent jurisdiction located in Tarrant County, Texas. Fay argues that this language must be treated as an unenforceable venue selection clause, and not a...

Excerpt: ...apers. Ough's “Separate Statement In Opposition” contains evidentiary objections, as well as extensive substantive argument that goes far beyond “the nature” of the factual dispute. (See Rule of Court 3.1350(f)(2); 3.1350(h).) The Court ignores the evidentiary objections made in the Separate Statement In Opposition, because they violate Rule of Court 3.1354. Although it was difficult to follow and should have been in the memorandum, the C...

Excerpt: ...e down payment, and from the time of purchase until 2010, each party paid one half of the costs of maintaining the Property, including mortgage, insurance, and repairs. Ramirez Dec. ¶ 5‐7. Plaintiff converted the garage and the rear yard to a dwelling for himself (the Backyard Unit). Id. Defendant and his family lived, and continue to live, in the main house. Ramirez Dec. Id. In 2008, Plaintiff moved out of the Backyard Unit and leased it to a...

Excerpt: ...pon three grounds: (1) inadvertence, surprise, mistake or excusable neglect under Code of Civil Procedure (“CCP”) §473(b), (2) the service of summons did not result in actual notice under CCP §473.5 and (3) the underlying dispute was between Kessler and Roesner's business, not Roesner as an individual. CCP §473(b) A motion based upon CCP §473(b) must be filed within a reasonable time after discovery of the default or default judgment and ...

Excerpt: ...dard applicable to deciding the motion. The Court considers that it must first determine the standard that governs the disposition of the motion. As it must, the Court starts with the relevant statutory language. Subdivision c of section 3295 of the Civil Code says, in relevant part: No pretrial discovery by the plaintiff shall be permitted with respect to [the financial condition of the defendant] unless the court enters an order permitting such...

Excerpt: ...w trial motion and the appeal. Plaintiffs have failed to demonstrate diligence in bringing the matter to trial and have not shown the existence of “impossibility, impractibility or futility” in timely commencing the trial. Ongoing settlement negotiations with defendants do not provide a statutory excuse to the mandatory deadlines. Nor does plaintiffs' belated decision to bring in Doe defendant Berkadia rescue the case. The five‐year period ...

Excerpt: ...nt; intentional misrepresentation; violation of Civil Code Sections 1102 and 2079; breach of fiduciary duty; and professional negligence, alleging that Defendants sellers and real estate brokers and agents CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/14/19 ‐ 17 ‐ concealed and failed to disclose an encumbrance on the Property during the sale, and that Defendants Pacific Union, Kelly Wood, and Dana Green (to...

Excerpt: ...‐ significantly to symptoms obviously requiring immediate medical attention – Maya Johnson's inability to breathe. Dr. Lee presents no evidence to refute that characterization of the case. To the extent any evidence is nevertheless necessary on this issue, there is a triable issue of fact whether Maya Johnson said in Dr. Lee's presence that she could not breathe 6‐7 minutes before he took any measures to address that problem and whether thi...

Excerpt: ... No. 1. Defendants' opening evidence exhaustively demonstrates that at all pertinent times defendants had a good faith belief that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/14/19 ‐ 23 ‐ plaintiffs' loan was in default, and made numerous good faith attempts to work with plaintiffs to cure the default. (Fact Nos. 1‐53 and evidence there cited.) Defendants did not discover the mistake made by CoreLogic Ta...

Excerpt: ...ether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part rejected unless, within the following times, the creditor commences an action on the claim or the matter is referred to a referee or to arbitration: If the claim is due at the time the notice of rejection is given, 90 days CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DE...

Excerpt: ...that event, the time for response to any Second Amended Complaint will be the normal time provided by law. The court grants defendants' Unopposed Request for Judicial Notice filed 6/7/19. It takes judicial notice of the existence and contents of the Exhibit A attached to the Request, that is, plaintiff's May 28, 2019 government claim. 1. Factual background. Taken together, the May 28, 2019 government claim and the FAC allege that defendants commi...

Excerpt: ...h Plate Properties, LLC., pursuant to joint venture agreements. Contrary to Defendants Gianni's representations and promises, construction was never started and/or completed on any of the projects. Plaintiff has made written demands for repayment for its investment. Plaintiff filed this action breach of contract, breach of covenant of good faith and fair dealing, breach of fiduciary duty and duty of loyalty, intentional and negligent misrepresent...

Excerpt: ...��CCP”) section 430.10(e), and are uncertain under CCP section 430.10(f). Chamberlain also moves to strike the prayer for punitive damages. The Court notes at the outset an issue not directly addressed by the parties. It is not entirely clear to the Court whether the relevant cause of action is for products liability, with three different theories ((1) design defect; (2) manufacturing defect; and/or (3) failure to warn), or if design defect, ma...

Excerpt: ... (“Thomas”). Thomas was driving his truck to a work site for his roofing company. Plaintiffs are Se and Pearl Yuen (“Plaintiffs”), the parents of Sui Yuen. They filed a form complaint, alleging a motor vehicle cause of action, with an exemplary damages attachment. See FAC, filed April 10, 2019. The remainder of the facts herein are taken from the exemplary damages attachment to the FAC. Sui Yuen was 60 years old. He was deaf and communica...

Excerpt: ...mmonly known as 3220 Camino Diablo, Lafayette, California. According to the Complaint and motion, the property is made up of three separate tax parcels, APN Nos. 177‐070‐002, 171‐070‐004, and 171‐070‐005. The motion was brought pursuant to CCP § 872.710(b), which provides, “partition as to concurrent interests in the property shall be as of right,” absent waiver. Code Civ. Proc., § 872.720(a) provides, “If the court finds that...

Excerpt: ...Care Center (“Tampico”). Apolonia was 90 years old and a full‐time resident of Tampico. (Cmplt, paragraphs 1, 2) She fell on August 7, 2017. No one witnessed her fall, but the Complaint alleges that Apolonia had been given a strong prescription drug, Depacote, with known side‐ effects of weakness and lack of coordination, yet the staff at Tampico did not raise her bedrails to avoid the risks associated with taking the new drug. (Cmplt, pa...

Excerpt: ...ional Fact (“PAF”) Nos. 2‐10, 14, 15, 16, 19, 21, 28, 29‐34, 36, 37‐40, 44‐59, 61‐65,75 78‐81, 84‐88, 90, 91, 100, 108; Pltf's Ex. A, Malzahn Depo., at 98:1‐10; 177:6‐10; 178:13‐179:2; Pltf's Ex. B, MacCaskie Depo., at 96:16‐97:2; Pltf's Ex. D, Bunes Depo., at 131:25‐132:20; Pltf's Ex. E, Glasper Depo., at 45:3‐15; 46:15‐25; 50:20‐ 51:9; Pltf's Ex. G and/or Ex. A to Isvoranu Decl., Haywood Depo., at 86:9‐17; 21...

Excerpt: ...ion of liability clause in the master contract reads as follows: 9.2 Unless otherwise provided by applicable law, seller's aggregate liability, if any, in damages or otherwise, shall not exceed 125% of the total contract price paid to seller by buyer for the applicable products furnished that gave rise to the claim. The Court finds plaintiff Cypress's interpretation of this clause far more plausible than defendant Canadian's interpretation. The p...

Excerpt: ...nd (3) unjust enrichment, and sued the corporate Defendant for (4) injunctive relief to get corporate documents. Defendants have demurred to each cause of action for the failure to state a claim. On the first three causes of action, Defendants argue that the amended complaint is a sham pleading and the statute of limitations has expired. On the first claim for fraud, Defendants also argue that reliance has not been alleged. As to the fourth claim...

Excerpt: ...R remedies statute, provides in pertinent part as follows: (h) A court may award a prevailing borrower reasonable attorney's fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injunctive relief or was awarded damages pursuant to this section. [Emphasis added.] The Hardie decision holds that section 2924.12 authorizes the award of atto...

Excerpt: ...relief action on February 28, 2017. Annie's filed its cross‐complaint for declaratory relief on April 3, 2017. The sole dispute in both complaints concerned whether defendant had properly exercised a lease renewal option as defendant maintained or had converted to a month‐to‐month tenancy as plaintiff maintained. The court granted defendant's motion for summary judgment, accepting defendant's interpretation of the contract. Despite losing o...

Excerpt: ...h defendant, the manner in which the current motion was briefed leaves the issue of gross negligence inadequately addressed. 1. Background. On December 29, 2017, plaintiff tripped and fell at Forma Gym in Walnut Creek, California while entering the shower due to a mat whose edges were raised. He broke his hip. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/24/19 ‐ 8 ‐ Defendant moves for summary judgment, arg...

Excerpt: ...��) and their related business entity, Bass Medical Group (“Bass Medical”). Dr. Mack and Dr. Araim practice in Tulare County. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/24/19 ‐ 12 ‐ Bass Medical is headquartered in Contra Costa County. See Declaration of Mark Canepa (“Canepa Decl.”), paragraph 4, 7 and Exhibit A. Plaintiffs filed their Complaint on November 5, 2018. Plaintiffs claim that Defendant...

Excerpt: ...y been decided by the Alameda Superior Court in 3050 College Avenue Homeowners Association v. Azari, et al., Case No. RG19014082 in a petition brought by 3050 College Avenue Homeowners Association to correct the same arbitration award (in two awards, one, dated February 28, 2018 and the other, August 20, 2018). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/17/19 ‐ 4 ‐ The filing of this case in Contra Costa ...

Excerpt: ... on the pleadings, a court may consider a party's judicially noticed admissions which cannot reasonably be controverted.) Accordingly, judgment is entered in favor of plaintiff and against defendant Anderson in the amount of $77,066.64. With respect to prejudgment interest, none of the requests for admission specifically related to Civil Code 8800(a) and the issue of whether or not “a good faith dispute” ever existed between the parties. The ...

Excerpt: ...Complaint (“FAC”). Defendant moves on the grounds that the FAC does not allege facts sufficient to support an award of punitive damages based on malice, oppression, or fraud as required by Civil Code § 3294. Request for Judicial Notice Plaintiffs request the Court take judicial notice of the Complaint. While the Court takes judicial notice of the existence of the complaint and its contents, the Court may not take judicial notice of the truth...

Excerpt: ...These are violations of California Rules of Court, rule 3.1113 (d) and (f). The parties are reminded to comply with all applicable rules in the future. The Court also notes that Defendants' notice of motion listed the language to be stricken with a line drawn through the middle of that language. This practice made it more difficult for the Court to read and should not be repeated in the future. Defendants Mark Kackley and Kackley Real Estate, LLC...

Excerpt: ...erican Motors Corp. (1983) 144 Cal.App.3rd 1, 8.) IFE unreasonably delayed in filing its Roe amendment, causing specific prejudice to Flores. Background The plaintiff insurance companies filed this case on November 29, 2016, against IFE and others to recover money they paid for losses caused by a fire that broke out at the kitchen in the Pear Street Bistro in 2014. IFE filed a cross‐complaint for indemnity on January 17, 2017 against various na...

Excerpt: ...st for a preliminary injunction. The motion has not been opposed by any of the named defendants. The motion appears to be well founded, and accordingly is granted. This relief is conditioned on (1) the timely posting of an undertaking in the initial sum of $10,000, in favor of defendant Orion Pacific Traders, Inc. (“Orion”), and (2) the timely filing of a CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/10/19 �...

Excerpt: ...; (2) promissory estoppel; (3) fraud and concealment; (4) negligent misrepresentation; (5) common counts: money lent and money had and received; (6) conversion; (7) financial elder abuse; and (8) unlawful and unfair business practices (Bus. & Prof. C. § 17200). Defendants demur to all but the first and the fifth causes of action. For the following reasons, the Demurrer is overruled as to the Second, Sixth, Seventh and Eighth Causes of Action, an...

Excerpt: ...C This is an interference with contractual relations and interference with prospective economic advantage case. Plaintiff Anthony Belcher (“Belcher”) is an independent contractor for an LLC, called Westech Environmental (“Westech”); it does environmental, health and safety work for various clients, including Defendant CSAA Insurance Services, Inc. (“CSAA”). In this lawsuit, Plaintiff Belcher contends that CSAA has deliberately interfe...

Excerpt: ... at Board of Registered Nursing (“BRN”) to set aside its decision of May 23, 2018. Petitioner also seeks cost of suit and reasonable attorney's fees. Petitioner argues the discipline against her registered nurse license and public health nurse certificate fails for two reasons: (1) there is no clear and convincing evidence of gross negligence on the part of Petitioner and (2) Petitioner's processing of the resident's pills at the non‐nursin...

Excerpt: ...ly injured by Dr. Dudum on March 6, 2017 and by Dr. Robertshaw on April 17, 2017, following treatment for a significant work injury on March 3, 2017. (See court's 11/28/18 ruling on the demurrer by Dr. Robertshaw and Proposed Amended Complaint at 2:24‐25 and 3:25‐4:22.) However, Plaintiff did not file her Complaint until May 30, 2018. Because the face of the complaint disclosed that the one‐year prong of the statute of limitations for medic...

Excerpt: ...intiffs shall file any amended complaint on or before August 2, 2019. Background This is a personal injury action arising from a motor vehicle accident. Plaintiffs allege that Defendant's vehicle collided with Plaintiffs' vehicle, and that Defendant then “fled the scene of the incident.” (Complaint, ¶ 5.) Analysis The right to claim punitive damages is governed by Civil Code section 3924. A plaintiff must adequately allege facts showing “m...

Excerpt: ...apers from plaintiff addressing the following matters. These papers shall be filed on or before July 10, 2019. Defendants may file supplemental responsive papers on or before July 17, 2019. 1. The Denial Of Plaintiff's Application. On January 7, 2019, defendant Fay issued a written denial of plaintiff's application for a loan modification. (Paterno Dec., Exh. 2.) Plaintiff alleges that he did not receive this written denial directly. (Greene Dec....