Excerpt: ...sferred only an easement rather than a fee simple with a condition subsequent. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/04/20 ‐ 7 ‐ The construction of a deed is ultimately a question of law for the court. Some deeds to railroads have been held to be unambiguous, and thus that courts must construe them without resort to extrinsic evidence. (See Severns v. Union Pac. R.R. Co. (2002) 101 Cal.App.4th 1209,...

Excerpt: ...motions for summary judgment rely on the same evidence and made nearly identical arguments. In addition, Plaintiffs provided one opposition to all three motions. Therefore, the Court's analysis below applies to all three motions equally. Plaintiffs are suing the Defendants for fraudulent transfer and civil conspiracy. In 2016, Chou transferred his ownership interest in five properties to five separates trusts. At the same time, Cui transferred he...

Excerpt: ...me Foods”). For the following reasons, the Motion for Summary Judgment is granted. Standard Code of Civil Procedure (“CCP”) §§ 437c(c) provides, in relevant part: The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Section 437c(p)(1) provides: A plaintiff or cross‐complainant has me...

Excerpt: ... amended complaint on or before March 27, 2020. Special Demurrer. The special demurrer is sustained because plaintiff's Complaint is ambiguous as to whether plaintiff is seeking reimbursement for both emergency and nonemergency services, or just emergency services. Plaintiff concedes that it has no legal basis to seek reimbursement for non‐ emergency services. 1st C/A. Implied Contract. Plaintiff has failed to allege facts giving rise to an imp...

Excerpt: ...dant”) filed this action for breach of a lease agreement against its former tenants, Anrol International, Inc. and Carol Y.W. Liao (collectively, “Cross‐Complainants”). As alleged in the original complaint, CrossComplainants entered into a commercial lease agreement with Cross‐Defendant's predecessor in interest for a unit in a mall, the term of which was three years, beginning May 1, 2018. (Complaint, ¶¶1‐2.) Cross‐Defendant then...

Excerpt: ...COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/19/20 ‐ 6 ‐ Her First Amended Complaint (“FAC”) sets forth seven causes of action: (1) Negligence; (2) Battery; (3) Nuisance; (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; (6) Breach of Contract; and (7) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff's counsel by phone, and failing to reach an ...

Excerpt: ...her students; and school administrators, her supervisors, and the District knew this but failed to act. On February 22, 2018, she ordered a student, plaintiff Austin Swope, to stand for the duration of her lecture. As a result, he fainted and fell, fracturing his skull and suffering permanent brain damage. (TAC, ¶ 22.c.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/19/20 ‐ 3 ‐ The complaint has gone throug...

Excerpt: ...inally founded in 1950 as the Home for Jewish Parents in Oakland, defendant The Reutlinger Community (“Reutlinger”) is a nonprofit public benefit corporation that owns and operates a senior living community in Danville. (Complaint, ¶¶1, 2, 22, 36.) Home to up to 180 senior citizens, it offers specialized assisted living, enhanced care, memory care, and skilled nursing units. (Id. at ¶1.) The mission of Reutlinger is to “provide high qual...

Excerpt: ...efendants”) demur to Plaintiff Lester Sequeira (“Plaintiff” or “Sequeira”)'s First Amended Complaint. Plaintiff is in pro per. Defendants demur pursuant to Code of Civil Procedure § 430.10 subsections (e) and (f) on the grounds that the FAC (a) fails to state facts sufficient to support any of its alleged causes of action against Defendants and (b) is uncertain, ambiguous and unintelligible. For the following reasons, the Demurrer is s...

Excerpt: .... Superior Court (2014) 229 Cal.App.4th 468, 472 [an unconsummated agreement that clouds title to real property constitutes a taking of property for purposes of the elder abuse act]. See also, Mahan v. Charles W. Chan Ins. Agency, Inc. (2017) 14 Cal.App.5th 841, 860‐861 [the financial elder abuse statutes are remedial and so are to be liberally construed on behalf of the class of persons they are designed to protect].) Cross‐defendants are co...

Excerpt: ...ent Ordinance and other related claims. Defendant demurs to all claims based on collateral estoppel. Defendant also demurs to causes of action four, five and eight based on the failure to state a cause of action and to cause of action eight for uncertainty. Collateral Estoppel Defendant argues that all of Plaintiffs' claims are barred by collateral estoppel because the parties settled an unlawful detainer case that Defendant brought against Plain...

Excerpt: ...nsel's argument is not evidence].) The motion is therefore denied without prejudice. Should plaintiff choose to file another motion for leave to amend complying with the above rules, the proposed amended complaint should additionally properly set forth the location of the incident and account for the newly added parties as substitutions (i.e., as the numbered Does for which they are being substituted). Background On August 13, 2019, after the sta...

Excerpt: ...est controller with Terminex, was working at Defendants Don and Beverly Steffen's home at 300 Summerhill Lane in Martinez, when Defendants' dog gave chase. Defendants owned a Dutch Shepherd dog and a mixed breed Dutch Shepherd/Belgium Shepherd. In trying to avoid the dogs, Plaintiff fell and suffered injuries to his shoulder, requiring surgery. Plaintiff filed this action for negligence. Motion Defendants move for summary judgment/adjudication on...

Excerpt: ...to stay arbitration is based on a sales agreement between Plaintiff Jeff Trudeau and the sellers Mitsuda LLC and Charles Mitsuda. Bayview Ex. 4. Bayview Builders is not a party to this agreement. For the following reasons, the motion to compel joinder and motion to stay action pending arbitration is denied. Analysis Code of Civil Procedure subdivision (a) provides: A person who is subject to service of process and whose joinder will not deprive t...

Excerpt: ...ry Plaintiff filed his complaint commencing this action on February 6, 2019. On September 9, 2019, Plaintiff filed a request for dismissal of defendants Hartford Fire Insurance Company and “Hiscox, Inc.” On October 7, 2019, Hiscox filed a demurrer to the complaint, which Hiscox subsequently withdrew on November 8, 2019 based on Plaintiff's filing of the FAC. Hiscox's current demurrer is the first challenge to the sufficiency of Plaintiff's pl...

Excerpt: ..., alleging, inter alia, causes of action for breach of contract and negligence in the preparation of their Danville home site and construction of their new home. Plaintiffs allege Clawson failed to implement the grading and drainage plans prepared by their engineer, cross‐defendant DeBolt Civil Engineering, which were part of Clawson's contract. (Complaint, Exhibit 1 to RJN, ¶¶24‐29.) They also allege that Clawson failed to meet the standar...

Excerpt: ...UPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/15/20 ‐ 11 ‐ Plaintiffs Philip Ferreira and Crystal Ferreira, their agents, servants, employees, and all persons acting under, in concert with, or for them, including any contractors or subcontractors, are to stay off of 2386 Heritage Oaks Drive, Alamo, California, and refrain from any construction activities within ten (10) feet of the property line bordering 2378 Heritage Oa...

Excerpt: ...ication served by mail must be served 80 days before the date of the hearing. (CCP § 437c (a)(2).) October 25, 2019 is 81 days before the hearing date of January 15, 2020. Therefore, the court rejects defendants' argument that plaintiff gave insufficient notice of the motion. The Opposition was due 14 days before the date for the hearing, but was served only 13 days before, on January 2, 2020, rather than on December 31, 2019, the day before the...

Excerpt: ...200. Foshay alleges that Cross‐Defendants Davis and Kodiak Moon entered into an agreement with Plaintiff for over $400,000 in solar modules. Cross‐Defendants represented that Foshay was involved in this transaction when Foshay was not aware of the transaction and did not condone or ratify it. (XComp. ¶10.) For this claim, Foshay seeks “injunctive relief, restitution and any other principal, incidental and consequential damages including bu...

Excerpt: ...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).) The motion to strike may lie where the facts alleged do not rise to the level of “malice, fraud or oppr...

Excerpt: ... Plaintiff moves for summary judgment on the grounds that “it is undisputed that Defendant entered into a written agreement whereby Defendant borrowed money and agreed to pay the same back with interest” and that Defendant “materially breached his obligation to repay amounts due and owing.” The Court notes at the outset that while Plaintiff has filed a request for judicial notice of Plaintiff's Complaint and Defendant's Answer to the Comp...

Excerpt: ...hat defendant has not persuasively distinguished the governing case law. (See, Chacker v. JP Morgan Chase Bank, N.A. (2018) 27 Cal.App.5th 351, 356‐359; Hart v. Clear Recon Corp. (2018) 27 Cal.App.5th 322, 327‐329.) Defendant first attempts to distinguish the Chacker decision (ignoring entirely the Hart decision) by arguing that “unlike here, the mortgage loan in Chacker had not yet been foreclosed and so a loan existed to which attorney fe...

Excerpt: ...tional Distress. Any amended complaint shall be filed and served on or before January 29, 2020. Background In November of 2017, Plaintiff came under the professional care of Defendant Dr. Khashayar Montezari at John Muir Medical Center. Plaintiff alleges Dr. Montezari, while knowing the critical medical condition of Mrs. Kalnoki, intentionally or negligently discharged Mrs. Kalnoki on November 5, 2017. Plaintiff alleges her discharge came about a...

Excerpt: ... on September 12, 2019. He alleges one cause of action for “Violation of Standards for Residential Construction.” In this cause of action, plaintiff complains of many defective conditions including defective waterproofing of windows and patio doors, defective hardscape and drainage systems, defective plumbing and utility lines, structural concerns, and electrical fixtures. (Complaint, 8:1‐ 11:26.) Defendants, having first satisfied the stat...

Excerpt: ...Antioch. They retired from the City at different times in different years. Defendant City of Antioch provides retiree health benefits through CalPERS. Plaintiffs are eligible participants in Defendant City of Antioch's retiree Medical‐After‐Retirement benefit. The insurance premium for CalPERS health insurance plans is deducted from the retiree's monthly annuity payment from CalPERS. The City then reimburses the retiree for a portion of the r...