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3016 Results

Location: Contra Costa x
2022.10.06 Petition to Compel Arbitration and to Dismiss Non-Individual PAGA Claims 996
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.06
Excerpt: ...emonstrating the existence of an agreement to arbitrate its dispute with plaintiff Landen Ely (“Ely”) because WCA2 had not shown that the arbitration agreement here was sufficiently similar to the agreement in Viking to compel a conclusion that Viking controlled the analysis. WCA2 timely contested the Court's tentative ruling, and the parties, represented by counsel, appeared and argued the matter. The Court solicited supplemental briefing an...
2022.10.06 Motion for Final Approval of Class Action Settlement 956
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.06
Excerpt: ...atter was continued more than once, another hearing was held, preliminary approval was granted on January 14, 2022. The interim steps in obtaining preliminary approval will not be discussed here. A. Background and Settlement Terms The original complaint was filed May 11, 2018. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage ...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 078
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.10.06
Excerpt: ...ey's fees and a representative incentive payment. A. Background and Settlement Terms Castellanos filed the original complaint on October 13, 2020, raising a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, unreimbursed business expenses, failure to maintain payroll records, waiting time, and wage ...
2022.10.06 Demurrer 483
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ..., the City of Oakland, and Alameda County as defendants in her action for a breach of duty of care for her slip and fall in front of property located in the Town. On January 6, 2022, the Town sought more time to respond to the original complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 noting that they intended to file a demurrer and had been unable to have the requisite “meet and con...
2022.10.06 Demurrer 228
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ...ssociation, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset‐Backed Certificates, Series 2006‐HE4's (“MLMIT Defendant”) Demurrer to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 Complaint. The Complaint alleges eight causes of action: violations of Civil Code Sections (1) 2923.5; (2) 2924(...
2022.10.06 Motion for Summary Judgment, Adjudication 213
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.10.06
Excerpt: ...ry judgment or alternatively, summary adjudication as to defendants Jill Osur and Thomas Atherstone is denied. For the reasons stated, the hearing on the request for entry of a default judgment as to defendant Granite is continued to 9:00 a.m. on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 November 3, 2022, subject to further briefing and proof as set forth below. Background Pawnee is the ...
2022.10.05 Motion for Judgment on the Pleadings 867
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.10.05
Excerpt: ...ia Consumer Credit Reporting Agencies Act (“CCRAA”), Civ. Code § 1785, et seq. and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), Civ. Code § 1786, et seq., on September 20, 2022. Plaintiff alleges that on September 14, 2020, he disputed a negative tradeline on his Experian credit report in the amount of $304, held under the collection agency Sequium Asset Solutions, Inc. (“Sequium”) on behalf of their clien...
2022.10.03 Petition to Compel Arbitration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...e Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 1, 2023. The case management conference presently set for November 29, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 25, 2023. The parties shall include with SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 their case management c...
2022.10.03 Petition for Writ of Mandate 302
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...2, and had accrued 27 years of service credit. On SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 December 15, 2015 he pled no contest to a single charge of felony violation of Penal Code §§ 503‐ 508, based on misconduct arising out of the performance of his official duties. His pension benefits were adjusted pursuant to Government Code 7522.72 following the felony conviction. Petitioner s...
2022.10.03 Motion to Enforce Settlement Agreement 119
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...g reasons, Defendant's Motion is granted as set forth below. Plaintiff's motion is denied. Procedural Background This matter involves a medical malpractice action wherein Plaintiff Jerry D. Smith (“Plaintiff”) alleges that Defendant Grace S. Chou (“Defendant”) was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Partie...
2022.10.03 Demurrer to FAC 419
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ... the Court's ruling on the first demurrer, a detailed account of the facts, as stated in the original complaint, was provided. It need not be repeated here. In sum, this case was filed by plaintiff, Frank Souza, who was the tenant of former property owner, defendant Stephen W. Yatsko. Plaintiff claims he had continuing tenancy rights pursuant to an amended lease at the time Sandhu Defendants purchased the property. The Court partially sustained a...
2022.10.03 Demurrer 570
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.10.03
Excerpt: ...ings suit to recover investments allegedly procured and converted by defendant Kevin Hampton through his fraudulent actions as the agent and co‐conspirator of the named co‐defendants, including cross‐complainants Michael Coleman III and Coleman Property Holdings, LLC. Abrahams' Fourth Amended Complaint (“4th AC”) alleges a fraudulent real estate scheme through a network of LLCs, which involved shifting debt from one property to another ...
2022.09.29 Demurrer to FAC 674
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ... violation of Civil Code § 2924h(g); (3) fraud; (4) violation of Civil Code § 2924f; (5) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendants demur to each cause of action of the FAC pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 4 For the follow...
2022.09.29 Demurrer 243
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...ENT 36 HEARING DATE: 09/29/2022 17 must be filed and served by October 10, 2022. Should plaintiff elect not to amend, the time to answer will run from that date. Background In May of 2019, plaintiff worked with defendant McMorrow, who was acting as an agent for IP Investors, Inc., to refinance his existing home loans. (Complaint, ¶8; see also ¶15.) Plaintiff alleges he was wrongly induced to enter into a loan transaction (including a promissory...
2022.09.29 Demurrer to FAC 603
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...ff may file and serve an amended complaint by October 10, 2022. I. Background According to the First Amended Complaint (“FAC”), plaintiff engaged defendants Reallaw, APC and Michael J. Hassen on May 15, 2018, and later engaged defendant Thomas J. Kensok on October 17, 2018, for representation in an action “against or brought by” Mojgan Kavianinejad. (FAC, 3:20‐28.) Defendants agreed to “perform legal services to resolve any and all ma...
2022.09.29 Motion to Strike Punitive Damages 663
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...dant's Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 2 Summary of Allegations This matter pertains to a motor vehicle accident that occurred on December 14, 2020 on the westbound side of Route 4 in Martinez, California. According to the Complaint, Defendant caused the accident by rear‐ending Plaintiff Laura Hinton (“Plaintiff”) after losing control of his vehicle. (Co...
2022.09.29 Demurrer to FAC 674 (2)
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendant demurs to Plaintiff's causes of action (1), (2), (3), (6), (7), and (8) 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. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a...
2022.09.29 Motion to Dismiss Case 673
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...inst Defendants. (CCP § 583.310.) This action was commenced on August 31, 2016. Defendants contend that Plaintiff was required to bring the case to trial no later than August 1, 2022. On April 29, 2020, the California Judicial Council issued Emergency Rule 10(A) which extended the five‐year statute by six months. Defendants contend that filing of the complaint on August 31, 2016, plus six months for the pandemic places the deadline on February...
2022.09.29 Motion to Set Aside Default 264
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.09.29
Excerpt: ...a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (CCP § 473(b).) "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order...
2022.09.28 Petition to Compel Arbitration 495
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...bout August 30, 2010 Plaintiff Ishaq Shariff (“Plaintiff”) was hired by Defendant ERAC SF to work at their Concord, California location. On that date, as part of the hiring process, he was presented with a Mutual Arbitration Agreement (“Arbitration Agreement”). Plaintiff does not deny that he signed the Arbitration Agreement. (Declaration of Ishaq Shariff (“Shariff Decl.”) ¶2.) He does contend, however, that he was ‘forced' to sign...
2022.09.28 Motion to Vacate or Set Aside Default Judgment, Writ of Possession 681
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ... and Sheriff Eviction is denied. Background Plaintiff Jet Airways of India, Inc. is a California corporation. Plaintiff was the owner of property commonly known as 10 Brewin Court in San Ramon. Plaintiff, acting through its corporate secretary, Minda De Santos, and with its counsel Richard Taguinod, agreed and entered into a real estate purchase agreement (“RPA”) on February 3, 2020, with Juanetta Stephens. On February 14, 2020, Juanetta Step...
2022.09.28 Motion for Summary Judgment 385
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...ein as the "Driver" or "Barturen"), when that vehicle made a left turn from Moraga Way onto Coral Drive. That defendant and two others who were the owners of the vehicle defendant Barturen was driving, have settled with Plaintiff pursuant to a good faith settlement approved by the Court on April 11, 2022. Defendant Jane Sayre owns the property bordering the public right‐of‐way next to the bike lane just before the intersection where Plaintiff...
2022.09.28 Demurrer to FACC 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.09.28
Excerpt: ...forth, the demurrer is overruled. Factual Background The FACC at issue in the demurrer alleges that the Menascos breached an agreement for the sale of a timeshare interest to Jerry Kilarr, now deceased. (FACC ¶¶ 15‐18 and Exhs. G and H.) The Menascos agreed to sell a timeshare interest in property in South Lake Tahoe (the "Timeshare") to Kilarr as part of a settlement of litigation that began in 2016 between the Menascos, on one hand, and Jer...
2022.09.26 Petition for Relief from Government Claim Filing Requirements 579
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ...Mr. Arnold Borgen was driving home when he struck Petitioner Ryan Thibodeaux (“Petitioner”), who was apparently in the middle of the roadway, injuring him. Mr. Borgen was an off‐duty San Francisco Police Department Traffic Officer driving home from an overtime shift in his personal vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/26/2022 6 Petitioner promptly hired an attorney to represe...
2022.09.26 Demurrer 941
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.09.26
Excerpt: ... of Public Property. The Complaint alleged that Plaintiff was walking on the sidewalk in front of 1060 Hensley Street in Richmond, California on September 3, 2021. “As he was walking, he tripped and fell due to a gap from missing concrete.” The Complaint names City of Richmond, County of Contra Costa, J.T. Thorpe & Son, Inc., and Hensley Property, LLC as defendants. The General Negligence and Premises Liability – Negligence claims are asser...

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