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: .... 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: ...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: ...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...