Excerpt: ... parties executed a lease which provided for a five‐year rental terminating on December 31, 2015. (Complaint, Exh. A.) Paragraph 52.1 stated: “Lessee shall have two (2) – five year options to renew the lease. Base Rent shall increase 2% annually during the Option terms.” No notice requirement for exercise of the option appeared in the provision. But the contract separately included a general notice provision that “[a]ll notices required...

Excerpt: ...eliver petroleum products from about February 4, 2015 through June 14, 2017. Throughout his employment, Plaintiff was a non‐exempt employee. (Cmplt, paragraph 10) According to Robinson, SC Fuels denied him and other non‐exempt employees' the meal and rest breaks to which they were entitled. (Cmplt, paragraph 11) Based on his meal and rest break claims, Plaintiff contends that SC Fuels did not pay him and other non‐exempt employees all wages...

Excerpt: ... Twenty hours later, the fire re‐ignited. (See Complaint, Exh. 1.) Subrogated to its insured, plaintiff now brings a claim against the District to recover amounts paid due to the rekindled fire. Plaintiff alleges that District personnel failed to inspect equipment and confirm that the fire had been completely extinguished. The District demurs on governmental immunity grounds. II. The demurrer based on governmental immunity is sustained. CONTRA ...

Excerpt: ...nswered, and, moreover, has asserted affirmative defenses that, if proven, might prove a defense for the claims against Eastgate and Raman. (Cf. Adams Mfg. & Eng. Co. v. Coast Centerless Grinding Co. (1960) 194 Cal.App.2d 649, 655 (if it appears that the defaulting defendant's liability is dependent on the answering defendant being held liable, default judgment is not proper). Here, Volvo has pleaded defenses that the accident was entirely the fa...

Excerpt: ... to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “ ‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048 (even assuming there is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/27/19 ‐ 2 �...

Excerpt: ...ntiff Donna Cooper and Plaintiff Tommy G. Cooper (collectively, “Plaintiffs”). The SAC pleads causes of action for (1) violation of Consumer Credit Reporting Agencies Act; (2) slander; (3) libel; (4) intentional interference with prospective economic advantage; (5) negligent interference with prospective economic advantage; (6) declaratory relief; and (7) violation of Bus. & Prof. Code § 17200 et seq. For the following reasons, the Demurrer ...

Excerpt: ...s ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/20/19 ‐ 17 ‐ A. Evidentiary Matters. A‐1. Judicial Notice. Defendants' request for judicial notice, filed on March 5, 2019, is granted. The Court further takes judicial notice of the full procedural history of plaintiffs' first civil action, as discussed below. (See, Notice of Related Case, filed on 2‐1‐19.) Plaintiffs' objection to ...

Excerpt: ...:40 p.m. At the scene of the accident, Truong immediately complained of pain to her left shoulder and abdomen. (Fact 3 – Undisputed) Truong was taken to the Emergency Department at Defendant John Muir Medical Center in Walnut Creek by paramedics. Plaintiff complained of pain to her abdomen, left shoulder, neck and low right lower quadrant. (Fact 4 – Undisputed) Truong was seen in the Emergency Department by Eric Kenly, M.D. and trauma surgeon...

Excerpt: ...er compensation for allegedly working out of classification from June 15, 2017 until September 18, 2017. (Amended Petition, paragraph 74) Mark Peterson (“Peterson”) resigned as District Attorney on June 14, 2017. (Amended Petition, paragraph 67) Petitioner contends that he discharged the duties of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/13/19 ‐ 8 ‐ District Attorney, “with like authority and ...

Excerpt: ... for the writ of mandate will be continued from Monday, March 25, 2019, at 9 a.m., to Wednesday, March 27, 2019, at 1:30 p.m., in this Department. 2. The parties are each permitted to file one final brief before the March 27th hearing, not to exceed fifteen pages in length. The briefs should address why or why not a writ should be issued, making sure to cite the pages in the administrative record that support the arguments. The parties should not...

Excerpt: ...iff Manijeh Peyvan alleges the accident occurred on N. Civic Center Drive at Brio Drive in Walnut Creek. Defendant Shabir Ahmad operated the motor vehicle involved in the collision. Plaintiff alleges the vehicle operated by Defendant was owned/entrusted by EAN Holdings, LLC and Enterprise Rent‐a‐Car of San Francisco, LLC. Pursuant to Cal. Code of Civil Procedure (“CCP”) § 438, Defendants move for judgment on the pleadings on the ground P...

Excerpt: ...ause of action for dangerous condition of public property against Contra Costa County. The motion is granted. “The court may . . . , after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” (Code Civ. Proc. § 473.) “[I]t is a rare case in which ‘a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his ca...

Excerpt: ...Code §§ 452, 453. On reply, Plaintiff requests judicial notice of an unspecified criminal proceeding purportedly against the Defendant, but provides no case number or case name or other identifying information. The request is denied. Analysis The Court may not entertain a Motion for Reconsideration absent a showing of new or different facts, law, or circumstances. Code of Civil Procedure § 1008(e). The requirements of Code of Civil Procedure �...

Excerpt: ... to Plaintiff's Complaint for quiet title. With respect to Plaintiff's motion, the Court may not entertain a Motion for Reconsideration absent a showing of new or different facts, law, or circumstances. Code of Civil Procedure § 1008(e); Le Francois v. Goel (2005) 35 Cal.4th 1094, 1101‐04 (provisions of CCP § 1008 are jurisdictional in relation to a party's motion). The Court has carefully reviewed Plaintiff's papers and they do not identify ...

Excerpt: ...ep process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least ‘minimal merit.' [Citations.]” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1061; see also, Baral v. Schnitt...

Excerpt: ...as only to be avoided by issuance of the injunction. [Citation.]" (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) The purpose of the preliminary injunction, theoretically, is to preserve the status quo and prevent irreparable harm pending trial on the merits. (White v. Davis (2003) 30 Cal.4th 528, 554.) For the reasons below, the Court in its discretion, finds a preliminary injunction shoul...

Excerpt: ...MENT: 21 HEARING DATE: 02/27/19 ‐ 15 ‐ (collectively, TPP) could purchase and develop real property at 2 Ramon Court in Danville. TPP had acquired some funding from defendant Triumph Capital Properties, but Triumph could not fund the entire amount. So TPP made a written offer to Polgar whereby Polgar would fund the bridge loan in return for a 51% interest in the property. Polgar agreed and entered into a related partnership agreement with TPP...

Excerpt: ...“Defendants”). Plaintiff filed a First Amended Complaint on November 21, 2018 as well as an ex parte application for temporary restraining order. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) set aside trustee sale; (2) cancellation of trustee deed; (3) quiet title; (4) breach of oral contract; (5) breach of written contract; (6) wrongful foreclosure; (7) promissory estoppel; (8) negligence; (9) negligent...

Excerpt: ... of his employment with Mr. Copy, Inc., an insured of Plaintiff Hartford Accident & Indemnity Company. Plaintiff‐in‐Intervention James H. Stehr (“Plaintiff” or “Stehr” herein) was injured on November 25, 2014, when his car was struck from the rear by Defendant Judith Lindsay. The car striking Stehr was co‐owned by Defendants Judith Lindsay and Ladd Lindsey. Stehr filed his complaint for damages, including punitive damages, on March ...

Excerpt: ...e in a row that Plaintiff's opposition has failed to include a table of contents and authorities despite submitting a memorandum that is over 10 pages. (See, CRC 3.1113(f). The Court pointed this failure out in its ruling on the doctor defendants' demurrer to the SAC. It is perplexing that Plaintiff's attorney continues to violate this rule. Any further violations of this rule or other applicable Rules of Court may result in sanctions. Before fil...

Excerpt: ...nctions.” The motion is granted to the extent described below. The motion has two parts. The court will address the Discovery Order part first. 1. Discovery Order filed September 19, 2018. Code of Civil Procedure section 473 (d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of ...

Excerpt: ...ship on the property at 1125 Detroit Avenue. At the time of the incident, plaintiff also leased 1121 Detroit Avenue, which he now owns. Both were used as part of plaintiff's business. At some point in 2016 (the record is unclear), Donald White parked a trailer on defendant's property and lived in it. On June 18, 2016, at around 8:00 p.m., a fire broke out from this trailer, damaging both properties and two vehicles. Both businesses were closed fo...

Excerpt: ... October 22, 2013. According to his will and court order of June 17, 2014, his estate was to be divided among his three adult sons—John H. Quihillalt, Richard R. Quihillalt, and David E. Quihillalt. Plaintiff John Quihillalt, and Defendants David E. Quihillalt, Richard R. Quihillalt, and Sandra Millard are co‐owners of real property located at 3220 Camino Diablo, Lafayette, California. The property is made up of three separate tax parcels. (A...

Excerpt: ... of petition or free speech under the United States Constitution or California Constitution in connection with a public issue.” See CCP Section 425.16(b)(1) The claim may appear in a complaint, petition or cross‐complaint. See CCP Section 426.16(h); Kajima Engineering & Construction, Inc. v. City of Los Angeles (2002) 95 Cal.App.4th 921, 929. Here, the Cross‐Complaint of Defendant/Cross‐Complainant, Justin Mendoza, (“CrossComplainant”...

Excerpt: ...) I. Prior Good Faith Settlement Determination EBMUD once again argues that the good faith settlement in the consolidated actions does not bar this case. In its good faith order, the Court stated: “[Sharjo] is entitled to the fullest protection afforded by Code of Civil Procedure section 877.6(c).” (March 21, 2017 Good Faith Settlement Order in Consolidated Case No. C15‐01227 [Order], p. 1.) The Court declined at the time to rule on the ind...