Excerpt: ...of the 1s t C/A, 3rd, and 5th C/As, treated as a motion for judgment on the pleadings as to those causes of action - granted, with leave 29 for Plaintiff to amend those causes of action; (3) alternative motion for summary adjudication of 2nd C/A – denied as moot; (4 ) alternative motion for summary adjudication of the 4th and 6th C/As – denied; and (5) alternative motion for summary adjudication of issues under Code of Civil Procedure section...

Excerpt: ...sability, retaliation, and wrongful termination. Defendant's unopposed request for judicial notice is granted. (Cal. Evid. Code § 452 (b).) For the following reasons, the Defendant's Motion for Summary Judgment is denied. Defendant's motion for summary adjudicati on is granted in part and denied in part. General Factual Background Plaintiff began working for Defendant John Muir in June 2018. (UMF 1.) At all times while employed by John Muir, Pla...

Excerpt: ...nslator, and after-school tutor at Pinole Middle School at the time. Plaintiff did not file any sort of government claim or lawsuit until this one, on May 6, 2022. The filing, though nearly two decades after the assaults took place, was nonetheless permitted by Cal ifornia Assembly Bill 218 (“AB 218”), which was signed into law in 2019 and took effect on January 1, 2020. AB 218 changed the procedural requirements for bringing a claim for ch...

Excerpt: ...tion “for i tself and as assignee of Veronica McRae […].” The Second Amended Complaint (“SAC”), like the previous version of the complaint, alleges a single cause of action for medical negligence against San Ramon Regional Medical Center (“SRRMC”) and Narendra Malani, M.D. (“Malani”). According to the SAC, Anthony McRae (“decedent”) suffered a fall while in the scope and course of his employment with Stevedoring Services of ...

Excerpt: ... of this order by defendant in which to file and serve a second amended complaint. Background Plaintiff Ahmad Esmatyar filed the operative first amended complaint (FAC) on August 31, 2023. The FAC is a Judicial Council form complaint and contains a single cause of action for breach of contract. Plaintiff alleges that defendant Farmers New World Life Insurance Company (FNWL or defendant) breached a written contract to reinstate plaintiff's life...

Excerpt: ...ed with l eave to amend. Plaintiff shall have until June 21, 2024, to file and serve a second amended complaint. Background Plaintiff Catherine Noel Nelson, as Trustee of the Catherine Noel Nelson Living Trust, U/A dated July 21, 2020 (“plaintiff”), owns the prop erty 1736 First Street, Richmond, CA 94801 -1506 (the “1736 Property”). Plaintiff leases the 1736 Property as a residential unit to tenants. Defendant Housing Authority of the C...

Excerpt: ... first and second caus es of action, sustained, with leave to amend; and (b) third cause of action for failure to comply with prior writ of mandate is sustained, without leave to amend. Any amended Petition must be filed by June 21, 2024. Background The Petition filed by Dr. Gle n Stewart in pro per ("Dr. Stewart" or "Petitioner") appears to assert three causes of action for (1) violation of due process (1st C/A), (2) breach of...

Excerpt: ...ion Desig n, Inc. to construct an Accessory Dwelling Unit (ADU) at their home. Plaintiffs allege that Civver and Sevilla were not licensed contractors and were fraudulently using co -defendant Rodney Dotson's contractor license. Plaintiffs allege the defendants faile d to timely or competently build the ADU, submitted false and inflated invoices for payment for work not performed, and failed to pay subcontractors and materialmen, who the plainti...

Excerpt: ...ate of the hearing, was not served at least 75-days before the hearing in this matter. A notice of motion for summary judgment and all supporting documents must be served 8 at least 75 -days before the hearing with additional days added for different types of serv ice. (Code of Civil Procedure section 437c(a)(2).) Trial courts cannot shorten the required 75 -day notice period. (See, McMahon v. Superior Court (2003) 106 Cal.App.4th 112, 118.) A no...

Excerpt: ...e over a times hare at one time owned by the four parties, specifically the case James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior Court Case No. MSC16 -01460 (the "Prior Litigation"). The Prior Litigation was resolved by settlement. This lawsui t arises out of the settlement and other events related to the Prior Litigation. Kilarr passed away after this lawsuit was commenced. The parties entered into a stipula...

Excerpt: ...hearing on the demurrer i s continued to 9:00 a.m. on June 10, 2024. The Court requests that CCCERA submit supplemental briefing on the issues set forth below before the Court rules on the demurrer. CCCERA' supplemental brief of no more than 10 pages shall be filed and served by el ectronic mail, facsimile, overnight mail or personal delivery by May 28, 2024. Petitioner shall file any response to CCCERA's supplemental brief of no more ...

Excerpt: ...al. Evid. Code § 452 (b), (h).) For the following reasons, Defendant's MSA is denied. Factual and Procedural Background This matter pertains to work performed by Plaintiff MVP Construction, LLC (“Plaintiff” or “MVP”) for Defendant City of Pinole (“Defendant” or “Cit y”) regarding installation of a pre -fabricated restroom facility at Fernandez Park in Pinole (the “Project”). The City previously brought a motion for summary ad...

Excerpt: ...s filed this action on February 16, 2023 alleging that they contracted with defendants Gin Ivy Sevilla and Civver Construction Design, Inc. to construct an Accessory Dwelling Unit (ADU) at their home. Plaintiffs allege that Civver and Sevilla were not licensed con tractors and were fraudulently using co -defendant Rodney Dotson's contractor license. Plaintiffs allege that defendants failed to timely or competently build the ADU, submitted false ...

Excerpt: ... denied. Sta tement of Facts The parties entered a sale and service Agreement whereby Defendants sold, and were to install, a commercial generator at Plaintiff's business location in Richmond, CA. (Complaint ¶ 11.) Plaintiff alleges that Defendants delivered the gener ator but failed to acquire the required hardware necessary to energize the generator. (Complaint ¶ 16.) Plaintiffs also allege that an express condition precedent to Plaintiff's p...

Excerpt: ...and 32 25 Clayton Road in Concord. (See SSUMF, Nos. 1 -2, and responses by defendants.) At least according to plaintiff, the work was performed pursuant to two contracts with then -owner, Hidden Glen, LLC and Kevin Hunter, a principal of Hidden Glen. (Ibid.) The Fi rst Contract, allegedly entered into in August of 2018, stated plaintiff would provide labor services, equipment and materials for 31 framing, rough electrical and mechanical work asso...

Excerpt: ...ry 21, 2021, Plaintiff submitted a proposal and was awarded a contract (“Contract”) as a general contractor for the construction of a car wash located on the commercial properly commonly referred to as 1755 Market Street, Concord, CA (APN's 128- 021-022, 128- 021 -024, 128- 033-027) (hereinafter “Project” or “Subject Property”). Defendant One Nine is and was the owner of Subject Property at that time. After Defendant One Nine fell...

Excerpt: ..."Decedent") who died on July 27, 2022 . (Third Amended Complaint ("3AC") ¶ 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP § 377.32" in support of Plaintiff's alleged standing. Plaintiff alleges she is "the intestate heir [of Decedent] whose interest is affected" by the act ion, "but for" the defendants' allegedly unlawful conduct. (3AC ¶ 3 and Exh. A [Kozicki Decl. ¶¶ 3 -7 ...

Excerpt: ... second cause of actio n is sustained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (2AC ¶¶ 11. 17, 18.) He alleges he suffers from trigeminal neuralgia as a result of the p rocedure which causes him severe pain that will require prolonged medical treatment and medication to control. (2AC ¶¶ 32 -38.) Plaintiff alleges causes of action fo...

Excerpt: ... a Certified P ublic Accountancy ("CPA") firm founded in 2006. (Compl. ¶ 10.) RP alleges it hired each of the defendants as at will employees in a time frame ranging from 2006 to 2013. (Compl. ¶¶ 11 -13) The owners of RP with equity interests in the firm are Sharon Rubens , Linda Martins and Lisa Martin. (Compl. ¶¶ 1, 20.) RP alleges that it entered into negotiations with each of the defendants beginning in 2020 by which each woul...

Excerpt: ... court ordina rily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” (OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141 quoting People v. Bell (1984) 159 Cal.App.3d 323, 329.) As the U.S. Supreme Court “explain ed, ‘the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort ...

Excerpt: ...mplaint against defendants Diablo Country Club (DCC) and Diablo Community Services District (District) alleging the following causes of action: (1) Inverse Condemnation; (2) Trespass; (3) Nuisance; (4) Injunctive Relief; (5) Negligence –Government Code Section 815 .2(a); and (6) Negligence. Plaintiffs' complaint concerns damages to their home at 208 Fairway Drive in Danville, California (the "Property") arising out of a flooding event ...

Excerpt: ...a (th e “Property”). Prior to the purchase of the Property by Plaintiff in September 2016, Defendant KRBC, LLC “was the owner and developer of the new construction on the 15 Property,” as well as some of the surrounding area. (¶ 15.) Defendant Bradley Candau, w ho was a member of KRBC, served as the broker, KRBC's listing agent, and the authorized representative of KRBC (the seller of the Property) for the transaction. (¶ 19.) As part o...

Excerpt: ...n 36(a) pr ovides that if a party is over 70 years old, the party may request a trial preference "which the court shall grant if the court makes both of the following Plaintiff Castillo filed his complaint against defendant Bachman in May 2022, asserting two causes o f action arising out of a motor vehicle accident on November 19, 2019 in which Plaintiff was rearended. Plaintiff alleges he suffered personal injuries resulting from the accide...

Excerpt: ...#34; or "Moving Parties"). For the reasons set forth, the motion is granted as to all claims other that Plaintiff's "non- individual" PAGA claims, addressed below, the class claims are dismissed, and the action is stayed pending completion of the arbitration. A case manag ement conference shall be set for 8:30 a.m. on December 10, 2024, to review the status of the case and the arbitration. Background Plaintiff Iliana Reyes all...

Excerpt: ...0 north of El Cerro Boulevard in Alamo, California on February 23, 2018. (UMF 1 -2.) The accident occurred at approximately 10:00 p.m. (UMF 1.) While attempting to change lanes, Mr. Cruz collided with Plaintiff Francie Lacey -G ra n t 's vehicle. (UMF 2.) Defendant Luis C ruz was operating a pickup truck owned by his employer – Defendant Gesick Concrete, Inc. (“Gesick Concrete”) (UMF 4.) Mr. Cruz was driving the vehicle within the course an...