Excerpt: ...f fiduciary duty against Gomez, aiding and abetting breach of fiduciary duty against Gold Star, and intentional interference with prospective economic advantage against Gomez and Gold Star. Background Defendant Ernesto Gomez was first hired by Plaintiff Land Home Financial Services in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originato...

Excerpt: ...that would address the deficiencies discussed herein, this ruling is without leave to amend. An answer must be filed and served on or before October 12, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/29/21 ‐ 20 ‐ If tenant timely contests this ruling, counsel shall appear at the hearing prepared to discuss any additional facts that could be added to the complaint to cure the issues herein. Meet and Conf...

Excerpt: ...MENT: 21 HEARING DATE: 09/29/21 ‐ 24 ‐ International and KCI. Robert Half has answered, but defendant KCI demurs, arguing that all four counts fail to state a cause of action, are uncertain, and mis‐ join parties. The thrust of KCI's argument is that the FAC fails to allege facts sufficient to support the allegation that KCI was plaintiff's employer. (See FAC, ¶ 13, 20, 29, 35, 41.) Plaintiff argues the FAC sufficiently alleges an employee...

Excerpt: ...i and Plaintiff Megan Frantz (collectively, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the District for (1) inverse condemnation, (2) trespass, (3) nuisance, and (7) dangerous condition of public property. For the following reasons, the District's MSJ is granted. Request for Judicial Notice Plaintiffs request judicial notice of their opposition papers to Pleasant Hill Recreation and Park Distr...

Excerpt: ... $600,000, secured by the property located at 61 Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction, the Property was sold for $950,000 by credit bid from US Bank as Legal Title Trustee for the Truman Trust. The Trustee's Deed...

Excerpt: ...or a writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) In the alternative, petitioners seek a “trial de novo.” (Gov. Code, § 53069.4.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/22/21 ‐ 31 ‐ The Court finds that the trial de novo procedure is not applicable, because petitioners have not demonstrated that they have had to pay “an administrative fine or penalty.” (Gov. Code, § 53069.4...

Excerpt: ... DATE: 09/15/21 ‐ 3 ‐ California around the time of their wedding in 2018 was a loan, not a gift. Defendants filed their Answer on November 19, 2019, but filed no cross‐complaint against plaintiff then. Now, however, more than a year and a half later, and seven months before their February 2022 trial date, they ask leave to file a late, compulsory cross‐complaint. The proposed Cross‐ Complaint alleges that Elizabeth's husband and Ryan's...

Excerpt: ...ber 29, 2021. Background The court grants Dr. Ross' Request for Judicial Notice to this extent: it takes judicial notice of the existence, contents, and date of the Coroner's Autopsy Report. The court does not take judicial notice of the cause of death stated in the Autopsy Report based on the very authority that Dr. Ross cites, People v. Castillo (2010) 49 Cal.4th 145, 157 (although courts may CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEP...

Excerpt: ...ruled; and (c) the general demurrers to the fifth and ninth causes of action are sustained, with leave to amend. Complaint Allegations Defendant David Born is a former employee of Plaintiff Brighton Jones, LLC, a financial management firm. (Compl. ¶¶ 2, 12.) While Born was employed by Brighton, he formed his own competing financial management company, defendant Private Financial Management, LLC ("PFM"), accessed confidential, proprietary and tr...

Excerpt: ...ross‐defendant Johnson commenced suit against defendant and crosscomplainant John Kenny seeking partition of a condominium unit located in Concord (the "Property") and an accounting. Kenny answered and cross‐complained against Johnson, asserting claims for quiet title and adverse possession of the Property. On June 15, 2020, the Court held a case management conference at which counsel for both parties appeared. (6/15/2020 Min.) Trial was set ...

Excerpt: ...ty and the failure to state facts sufficient to constitute a cause of action: (1) FEHA age discrimination, (4) breach of oral employment contract, (5) intentional misrepresentation, (6) negligent misrepresentation, (7) concealment, (8) breach of fiduciary duty, (9) unjust enrichment and (11) breach of written contract: shareholders' agreement. Uncertainty CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/01/21 ‐ 5...

Excerpt: ...e of action for fraud. If plaintiff contests this ruling, he should be prepared to identify such facts at oral argument. Background Plaintiff, Eid Othman, brings suit against GM and several Doe defendants, alleging he purchased a new 2017 Cadillac Escalade ESV on or about November 25, 2018 for personal, family, and/or household purposes pursuant to a contract, purportedly attached to the FAC. (FAC, ¶5.) While there are no exhibits attached, the ...

Excerpt: ...). For the reasons set forth, the motions to compel arbitration are granted, and the action shall be stayed pending completion of the arbitration proceedings. Background The five Plaintiffs are former employees of AAA NCNU. They allege ten causes of action for various forms of discrimination, harassment, retaliation, and wrongful termination, among other claims. They also allege a claim against the Company and Defendant O'Dell for intentional inf...

Excerpt: ...‐Benz USA (“MBUSA”), Mercedes‐Benz Financial Services USA (“MBFS”) and Sonic Walnut Creek M, Inc. (“MBWC”). The issue before the court is whether the parties to this motion reached a binding settlement agreement through an exchange of emails in April 2021 and/or plaintiff's signing of a subsequent settlement agreement and release, or only a preliminary agreement that would not be effective until a formal written settlement agreeme...

Excerpt: ...Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. Defendant US Bank National Association is the Legal Title Trustee for Truman 2016 SC6 Title Trust, the holder of the Deed of Trust. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction the Property was sold for $950,000 by credi...

Excerpt: ...LP (“National Retail” or “Landlord”). Because Fitness International does not shift the burden to Landlord by demonstrating that the action has no merit, the motion is denied. (See Code Civ. Proc., § 437c, subdiv. (a) & (f).) Background The facts in this case are largely undisputed. Parties entered into a lease agreement dated June 30, 2015, whereby Fitness International agreed to lease property from National Retail. (Statement of Undispu...

Excerpt: ...shall be filed no later than November 3, 2021, any reply to the opposition shall be filed by November 12, 2021, and courtesy copies of all papers shall be delivered to Chambers concurrent with the filings. Background Plaintiff alleges he was struck by a vehicle driven by defendant Mr. Gomez while riding his bicycle uphill on Pleasant Hill Road after dark. He has also sued defendant Contra Costa County, alleging "poor street lighting, the dangerou...

Excerpt: ...Ramon, California. She alleges a claim for premises liability based on negligence and willful failure to warn of a dangerous condition at the restaurant. She contends Defendant negligently maintained the premises and failed to place cones to warn customers of the slippery floor when Defendant's employees mopped the floor in the location where she fell. (Gebhart Decl. Exh. A [Pl. Complaint].) Standards Applicable to Summary Judgment Under Code of ...

Excerpt: ...It is sustained as to BCI regarding the first seven causes of action, with leave to amend. (CCP § 430.10 (e).) Any amended pleading shall be filed and served on or before September 8, 2021. If Smith elects to amend, he shall file a redlined copy of the amended cross‐complaint with his Opposition to any further demurrer, so the court can track the changes. When referring to both cross‐defendants collectively, the court will refer to them as B...

Excerpt: ...n disregard for the safety of others"; (3) the "Exemplary Damages Allegations" of paragraphs 42 through 48 in their entirety; and (4) paragraph B of the Prayer for Relief in its entirety. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/18/21 ‐ 25 ‐ This ruling is made without prejudice to Plaintiff subsequently moving for leave to amend to reassert a demand for punitive damages if Plaintiff can demonstrate she...

Excerpt: ...ed infection control officer and licensed paramedic, was employed by plaintiff, San Francisco Federal Credit Union, since November 2017 as an Information Security Engineer. (Fielding Decl., ¶1.) In that capacity, he developed a Disaster Recovery and Pandemic Plan that was approved by the CEO. (Id., ¶2.) When the March 2020 Covid‐19 related shutdown orders went into effect, plaintiff opted not to implement the plan. (Id., CONTRA COSTA SUPERIOR...

Excerpt: ...Distribution”)'s claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the counties of Benton and Washington, Arkansas as the jurisdiction for these claims. Request for Judicial Notice Walmart requests Judicial Notice of the Walmart Realty Supplier Agreement (“Supplier Agreement”) between Walmart and Plaintiff's affiliate, K2‐PS. (See Walmart's RJN; see also Caps...

Excerpt: ...edical Group, Inc. Plaintiff alleges she was wrongfully discharged in retaliation for disclosing Medicare fraud, tax fraud and unprofessional conduct. Plaintiff filed this action for retaliation, wrongful termination and violation of the CA Labor Code Private Attorneys General Act. Motion Pursuant to Code of Civil Procedure §1281.2, Defendant Diablo Nephrology Medical Group, Inc. moves this Court for an order compelling arbitration. Defendant fu...

Excerpt: ...e some unauthorized modifications to the unit. Defendants' lease was involuntarily terminated and they vacated the premises about a month prior to October 21, 2019. Defendant Cutting Edge Property owned, operated, and controlled the property. Ronald Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate. Scott was in Unit 14 performing his duties as the Property Manager Assistant, when he fell and suffered injuries due t...

Excerpt: ...gence, and active or passive negligence is limited to $77,800. While Eaglelift's motion was filed when the operative pleading was plaintiff's First Amended Complaint, this ruling applies equally to the current operative pleading, plaintiff's Second Amended Complaint (“SAC”). Thus, this limit on Eaglelift's liability applies to the first four causes of action of the SAC, but not to the fifth. Background The parties provide additional context f...