Excerpt: ...l demurrers by PSG are overruled, unless otherwise stated below as not addressed by the Court based on the rulings on the general demurrers. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/06/2023 11 General Factual Background The 3AC filed by Plaintiff Janice Alamillo ("Janice") alleges 26 causes of action against approximately 25 defendants. The defendants include Pla...

Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transaction for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendan...

Excerpt: ...ally and in their capacities as trustee of the M & K Murphy Family Trust for breach of contract and fraudulent concealment. After this lawsuit was filed, Kerry Murphy passed away and Margaret Murphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In...

Excerpt: ...set for April 18, 2022. Plaintiff was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 02/27/2023 10 given notice in January, 2022 of Mr. Ortiz's intent to withdraw. Plaintiff has repeatedly sought to continue the matter to “find counsel” and has also failed to appear in court. Defendant now seeks to have the court expunge the lis pendens, in anticipation of the Court d...

Excerpt: ...hat: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent (*)from the client. …” (Rules of Prof'l Conduct, Rule 3.7.) The comment on Rule 3.7 explains that “[n]ot...

Excerpt: ...on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of Lafayette filed a demur contesting the viability of each of the six causes of action. The demurrer was sustained as to the first three causes of act...

Excerpt: ...use of Action for Declaratory Relief. The amended complaint shall be filed and served on or before February 20, 2023. Background Plaintiff Prime Capital Investments, LLC is the owner of property commonly known as 3330 Concord Avenue in Brentwood. Defendant Mo Zhou is the owner of property commonly known as 3320 Concord Avenue in Brentwood. The two parcels of land are adjoining, and Plaintiff's parcel has no street access. Plaintiff alleges it own...

Excerpt: ...) Defendant Bay Business Credit, Inc. moves the Court for an order quashing service of the summons and complaint on the grounds that Plaintiff Commercial Door & Frame, Inc. failed to properly serve it. California law requires service on a corporation to be effected on the person designated as an agent for service of process, or the “president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant ...

Excerpt: ... for fraudulent transfer. Plaintiffs are Kelly Yates and Mark Tumminelli. Defendants are Kevin Yates and Betty Fong, DDS. Plaintiffs allege that Kevin Yates borrowed $70,000 from them to make repairs to a property prior to its sale. Plaintiffs allege that Yates sold the property at a profit and did not repay the borrowed funds. Plaintiffs allege that after they obtained a judgment for the unpaid debt, Kevin transferred some portion of the propert...

Excerpt: ...e with contract; and (6) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional interference with contract and (6) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐ in‐part and overruled‐in‐part, without leave to amend. Legal Standard “The function of a demurrer is to test the ...

Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...

Excerpt: ...ons set forth, the demurrer is overruled. Defendant shall file her answer to the CrossComplaint by January 3, 2023. Background Plaintiffs are some of the co‐ owners of the property located at 221 Sanford Avenue, Richmond, California (the "Property") along with Defendants Tarnetta Tatum and Shenitta Singleton, who each own a 1/24th interest in the Property. Plaintiffs' Complaint seeks partition of the Property. On September 26, 2022, Tatum and S...

Excerpt: ...udication of Issue Nos. 1, 2 and 6 is denied. Summary adjudication of Issue Nos. 3 and 5 is granted. Defendants' Issue No. 4 for adjudication is moot. Summary judgment on the complaint is denied. Relevant Factual and Procedural Background Defendants Nicole M. Evans and William F. Evans are former owners of a family residence within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes a...

Excerpt: ...sons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5950 ...

Excerpt: ...ground SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/19/2022 9 Plaintiff Maria Gonzalez filed her complaint against Reliant Food Services, Inc. ("Reliant"), Shinja Kim, and Fernando Guerrero (collectively, "Defendants") in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code an...

Excerpt: ...on, and shall submit that proposed judgment to defendant's counsel for approval as to form. Plaintiff's request for judicial notice is granted. The trial and issue conference dates are vacated. The basis for this ruling is as follows. A. Background. Plaintiff Allevity, Inc. seeks summary judgment on its claim that defendant Brickyard Landing Owner's Association, Inc. breached its contract by failing to indemnify Allevity for the costs of defendin...

Excerpt: ...l Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Property was sold to David Robb. Defendant Ronald Knarr purchased the Property in 20...

Excerpt: ...enue in Brentwood. 3330 Concord is located behind 3320 Concord, and it is landlocked. Historically, the sole means of accessing 3330 Concord has been the use of the driveway that crosses over 3320 Concord. In 2021, after litigation with Rachelle Chacon (Plaintiff's predecessor‐in‐title to 3330 Concord Avenue), Defendant granted an express easement that runs with the title to both properties. However, Plaintiff alleges that beginning in early ...

Excerpt: ...the Application is denied. The temporary restraining order is rescinded. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Prope...

Excerpt: ...me" page. Shanti Elixirs is a limited liability company organized under North Carolina law and does business in Weaverville, North Carolina. (Compl. ¶ 3.) Defendant Volpe is the owner and founder of Shani Elixirs and resides in North Carolina. (Compl. ¶ 2.) Plaintiff cites two "Gofundme" pages attached as Exhibits 1 and 2 to the Complaint as the basis for his defamation suit, one of which invited support for Defendants "as we navigate the legal...

Excerpt: ...quires the Defendant to either: (a) "generally den[y] each element of the complaint..." or (b) "admit all the statements of the complaint... are true except" those specifically denied. (Answer at p.1, ¶ 3.) Steben checked Box B, stating that she admits the allegations. However, Staben also checked Box 5, stating “In denying the allegations of the Complaint above, defendants denies not only the specific numbers and amounts alleged by plaintiff,...

Excerpt: ...located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin in early 2019. Defendants/Cross‐Defendants Camille Ahern, a licensed realtor, and her broker, Pacific Union International, Inc. (“PUI”), dba Compass, listed the property. Ahern also represented the buyers. On January 18, 2019, Plaintiffs hired Cross‐Defendant Specialty Home Inspections, Inc. to conduct a non‐ invasive visual inspection of the property and ...

Excerpt: ...allege to have entered into an oral agreement with Mr. Davis (deceased) in or about 1998, whereby Plaintiffs would provide full‐time caregiving and construction services to Mr. Davis's family and the family home would be left to Plaintiff upon the Davises' deaths. The Davises placed the property into the James Wilbur Davis SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: CECILIA CASTELLANOS HEARING ...

Excerpt: ...Paver Stones & Landscape, Inc., hold itself out as an expert licensed landscape contractor. On or about July 15, 2018, Plaintiffs Kevin and Erin Roth, owners of real property located at 9 Meadow Park Court in Orinda entered into a contract with Black Diamond for an extensive backyard landscape project, including retaining walls, excavation, and grading. Plaintiffs alleged that instead of doing the work, Black Diamond "subcontracted" the project o...

Excerpt: ... Stimming. The Board is investigating the care of AV, a pregnant woman, whose baby died three days after birth, due to a congenital heart defect. The investigation was based on a complaint by a treating pediatric critical care specialist, Dr. Daniel Falco. Having been properly served, Respondent has not complied with the subpoena. The authority of the Board to issue investigative subpoenas in aid of its authority to enforce its enforcement duties...