Excerpt: ...dants: (1) intentional interference with ex#cted inheritance; (2) financial elder abuse; (3) aiding and abetting financial elder abuse; and (4) imposition of constructive trust and accounting. Defendants demurrer to causes of action 1, 2, and 4. Meet and Confer Requirement Before filing a demurrer, the "demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer...." (Cal. ...

Excerpt: ... under the pseudonym "C.W.," was a student at Kensington Elementary School in West Contra Costa Unified School District ("District"). (SAC, "11-2.) Plaintiff alleges that from approximately 1971 to 1973, plaintiff suffered the sexual assault and abuse of his special education teacher, who was employed by the District. (SAC, 919.) The acts of sexual abuse and assault took place in the classroom and at a local riding and gun club. (SAC, 919.) Plain...

Excerpt: ...inehart on June 23, 2023 are ordered vacated. Defendants shall file their answer to the complaint by no later than November 15, 2023. Plaintiff's requests for attorneys' fees and/or imposition of a penalty under Code of Civil Procedure section 473(c) are denied. Background Plaintiff Concentric Development Group, Inc. filed a complaint against defendants Exact Construction and Developers, Inc. and Ricky Rhinehart for breach of contract and convers...

Excerpt: ... defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Raymond Cordova, and the supporting exhibits included with it. No opposition has been filed by defendant. Standard A 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. (Code Civ...

Excerpt: ...23 ("Collections Complaint"). The Collections Complaint pleads causes of action for account stated and open book account for Walker's alleged breach of a credit card agreement with LVNV's assignor, Navy Federal Credit Union ("NFCU"), in the approximate amount of $26,000. On May 2, 2023, Defendant and Crosscomplainant Mark T. Walker ("Walker") filed an unverified Class Action Cross- Complaint for Declaratory Relief and Damages against LVNV ("Cross...

Excerpt: ...act. Defendant demurs to Plaintiff's claims on several grounds. For the following reasons, the Demurrer is sustained without leave to amend. Request for Judicial Notice Defendant requests judicial notice of a settlement agreement between the parties as well as several County documents and dc„cuments from the California Department of Industrial Relations. Plaintiff objects to the request for judicial notice. With respect to the Settlement Agreem...

Excerpt: ... Plaintiff is unlikely to prevail on the merits of the dispute. The Motion is hereby GRANTED. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; ...

Excerpt: ...ars that a party is entitled to judgment as a matter of law. (Code Civ. Proc. S 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 cal.App.4th 1055, 1061; Burnett v. Chi...

Excerpt: ...023. A hearing for the matter will take place on January 15, 2024, at 9:00 a.m. in Department 9.1. Did the Order Discharging Defendant Registrar From Liability (filed May 22, 2023) dismiss the Complaint's 14th Cause of Action in favor of the State of California defendants, particularly the Registrar of Contractors, Contractors State License Board? (See Order, p. 2, lined 6-7, "That the Fourteenth Cause of Action for Claim of Deposit Against CSLB ...

Excerpt: ...Should plaintiff choose not to amend, the time to answer shall run from that date. Background Plaintiff, who filed this action under the pseudonym "Jane Doe A.M.M.," is a former high school student at Richmond High School in West Contra Costa Unified School District's ("District"). (SAC, 913.) Plaintiff alleges that, during the time she attended, approximately 1979 to 1983, District employed a counselor who used his position to groom, lure, and e...

Excerpt: ... may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Code Civ. Proc. S 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a moton for judgment on the pleadings inwlves the same type of procedures that apply to a general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.A...

Excerpt: ...P S 1281.4 in light of the Court's order on May 1, 2023 6 granting Plaintiff's moton to compel insurance appraisal pursuant to Insurance Code S 2071. The insurance appraisal process under Insurance Code S 2071 is a form of arbitration and subject to the rules governing arbitration. (Louise Gardens of Encino Homeowners' Assn., Inc. v. Truck Ins. Exchange, Inc. (2WO) 82 Cal.App.4th 548, 658; Lambert v. Carneghi (2008) 158 Cal.App .4th 1120, 1131.) ...

Excerpt: ...he proof of service for the summons and complaint. She avers that she was not home on Monday, November 6, 2017, at 1:55 p.m„ but instead ata work training. Additionally, she notes that the physical description of the person served is not a description of defendant herself. According to defendant, she weighed more at the time of service than the we-ght of the individual indicated by defendant. When a motion is made on grounds that the default ju...

Excerpt: ...ecific dollar amounts (Prayer A). Punitive Damages In order to obtain punitive damages, the facts alleged must show fraud, oppression or malice. (Civil Code section 3294.) Subdivision (c) of the statute contains the following definitions: "(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or ...

Excerpt: ...on for a protective order is granted as discussed below. The request for sanctions is granted as discussed below. Counsel for all parties required to appear. Factual Background This Moton relates to actions taken by Plaintiff's Counsel in obtaining documents from third-party Heritage Bank of Commerce ("Heritage"), which Defendants claim were unethical and done in contravention of the procedures set forth in the Code of Civil Procedure. On June 9,...

Excerpt: ...located 25 Arlene Lane, Walnut Creek, California 94595 ("the Property"). Plaintiff Bryan Kappel, Jane Kappel's son, has resided at the Property at all relevant times. On May 28, 2019, Plaintiffs filed this action against Defendant Contra Costa Sanitation District ("Central San") for Dangerous Condition of Public Property (Gov. Code 5835), Nuisance (Civ. Code S 3479, et seq.), and Inverse Condemnation (Cal. Const., Art. l, S 19), related to a sani...

Excerpt: ...ubject to any additional issues to be addressed after the hearing and after taking oral testimony, Plaintiff shall lodge a proposed order for judgment pursuant to the terms of the Settlement Agreement, consistent with Code of Civil Procedure section 664.6(a) and applicable authority which shall set forth the terms of the Settlement Agreement in full as stated in the agreement or shall incorporate and make the Settlement Agreement in full the judg...

Excerpt: ... the petition to invalidate Veglnvest's third party claim is denied, and judgment is granted for Veglnvest on the validity of its third party claim that it holds a superior interest in the Attached Funds, as set forth below. Defendant as the prevailing party shall file a proposed order/judgment consistent with this ruling in accordance with the Local Rules of this Court. Background Plaintiff sought and obtained an ex parte order for a right to at...

Excerpt: ... the Court's decision was its conclusion that the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 applied to this case. Plaintiff does not address the status of arbitration in brief. Defendant states in their memorandum that "the Parties are already actively engaged and near the conclusion of arbitration with Judicate West." (Opposition p.2.) The Court previously continued this matter so that the parties could included declarations on...

Excerpt: ...es and costs upon the initation of the action." Plaintiff's form complaint asserted one cause of action for breach of contract. (Pl. Compl.) As part of that single cause of action, plaintiff averred: "...Defendant materially breached its obligation under the terms of the contract between the parties which it drafted, Defendant's obligation to pay all wages when due." (Pl. Compl. p. 7, Attachment BC-2.) "In accordance with this rule of statutory c...

Excerpt: ...ing Agreement Dated as of April 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC2 ("Cross-Defendant" or "US Bank as Trustee")'s motion for summary judgment. For the following reasons, Cross-Defendant's Motion is granted. Brief Factual and Procedural Background This case concerns the real property located at 27 Sunset Drive, Kensington, CA 94707 (Complaint at '1 4) and a related prior lawsuit entitled John Elkins v. Provident, U.S....

Excerpt: ...s an employment discrimination case. Plaintiff Richard Van Koll, age 65, alleges he is employed by Defendant Contra Costa County as a Non-aenefitted Senior Inspector assigned to the Real Estate Fraud unit of the District Attorney's Office. Defendant alleges he was denied various promotions from 2016 to 2021 due to his age and in retaliation for taking medical leave and complaining of age discrimination. The FAC filed on January 25, 2023 asserts t...

Excerpt: ...ry McCord for breach of contract and breach of guaranty. Schafer filed a cross-complaint against both RAP and McCord for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and deceit and (4) negligent misrepresentation. RAP demurrers to each claim in the cross-complaint based on the failure to state facts sufficient to constitute a cause of action and as to the first and second causes of action ba...

Excerpt: ...ure to provide accurate itemized wage statements; (4) failure to produce employee file; (5) disability/perceived disability discrimination; (6) age discrimination; (7) work environment harassment; (8) retaliation; (9) failure to prevent harassment, discrimination, and retaliation; (10) retaliation; (11) failure to prov-de reasonable accommodation; (12) failure to engage in good faith interactive process; (13) unfair and unlawful business practice...

Excerpt: ...ection 430.10(e), the complaint does not state facts sufficient to constitute a cause of action. Plaintiff alleges that he is a dependent adult and went to John Muir for severe back pain on October 12 at 9:49 a.m. (Comp. On October 14 at 12:45 p.m., Plaintiff had an MRI and saw a neurosurgeon who confirmed a large disc herniation at Ll-2 on the MRI. The neurosurgeon immediately recognized the need for back surgery to decompress Plaintiff's cauda ...