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1568 Results

Location: Contra Costa x
2020.07.06 Motion for Leave to File Amended Complaint 396
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.02 Motion to Quash Service of Summons 643
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.07.02
Excerpt: ...s Ryback, decedent, died of his injuries after he fell at the gas station located at 1091 Market Place, San Ramon, CA. Plaintiffs are his successor in interest, Elaine Ryback, and his two children. They filed their complaint on April 7, 2020, alleging five causes of action: (1) Negligence, (2) Negligence‐ Wrongful Death, (3) Premises Liability, and (4) Survival Action. Five of the six defendants have answered the complaint, including (1) 7‐El...
2020.07.02 Motion to Approve PAGA Settlement 547
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.07.02
Excerpt: ...ection Associate,” one of about 1,511 in at Walmart Stores in California during the time in question. APAs are required to communicate with each other on the job. Plaintiff alleges that they were required to use personal cell phones to do so, and that Walmart should have reimbursed them for some of their cell phone costs. Walmart disputes these allegations, contending that proper two‐way radios were provided, that their written policy directe...
2020.07.02 Motion for Summary Judgment 148
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.02
Excerpt: ...e Lease term was five years with an option to renew, provided Plaintiff gave written notice no later than 90 days before expiration of the lease. Plaintiff did not exercise the option in writing. Plaintiff alleges the parties came to an oral agreement to extend the lease in 2014 to 2021. The Lease also contained a right of first refusal provision, allowing Plaintiff the right to purchase the property if the Wongs ever sought to sell it. On or abo...
2020.07.02 Motion for Preliminary Approval of Settlement 729
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.07.02
Excerpt: ...ure to provide meal periods and rest breaks, failure to pay wages at termination, failure to provide sick days, failure to properly itemize wage statements, failure to pay employees twice per month, and failure to reimburse business expenses. A gross settlement of $600,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage portions of the payments will ...
2020.07.02 Motion for Preliminary Approval of Class Action Settlement 299
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.07.02
Excerpt: ...pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to reimburse business expenses. The complaint alleges that the plaintiff class regularly worked overtime, but the rate of overtime pay was not properly calculated because in calculating the regular rate of pay, defendant failed to include commission income. Plaintiff also asserts meal break violations, rest break violations, and failure to reimburse personal c...
2020.07.02 Motion for Leave to File Complaint 486
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.07.02
Excerpt: ...ieb (“Gottlieb”) as well as their law partnership, SwedelsonGoddlieb (“S&G”), for the fictitious Doe defendants 1‐3 named in the original Complaint. Plaintiff also seeks to add alter ego allegations against Swedelson, Gottlieb, and S&G and revise her prayer for relief to hold Swedelson, Gottlieb, and S&G jointly and severally liable with ALS for a judgment in this case. For the reasons described further, below, the motion for leave to a...
2020.07.02 Demurrer 053
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.02
Excerpt: ...ate it owned in San Francisco. The Accountants (for present purposes, the distinction between the accounting firm and David Bott, the individual accountant, is immaterial) demur to the complaint, contending that the professional negligence cause of action is time‐barred. Relevant Standards and Authority The Court must accept all the factual allegations of the complaint as true for purposes of ruling on the demurrer. (Blank v. Kirwan (1985) 39 C...
2020.07.02 Motion to Strike, Demurrer 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.02
Excerpt: ...tter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) The Court rules as follows: As to the Texas Penal Code, the Court has no jurisdiction to provide remedies under Texas law. Motion to strike is granted without leave to amend. As to Article 1, Se...
2020.07.01 Motion for Judgment on the Pleadings 398
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.07.01
Excerpt: ...ntinues to believe this motion is not proper procedurally in important respects. Background This is an interpleader action filed by a life insurance company after a dispute between three claimants to the proceeds of the policy could not be resolved. The claimants are the decedent's wife (Scott), mother (Beasley), and brother (Mims). The decedent acquired the policy in 2000 through his employment with BART, named Beasley and Mims as beneficiaries ...
2020.07.01 Demurrer, Motion to Strike, Petition for Release of Property from Lien 135
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.07.01
Excerpt: ...se of Property From Lien. Defendants' request for judicial notice is granted. The demurrer is sustained in part with leave to amend and in part without leave to amend. Plaintiffs may amend all causes of action except Count 9 (foreclosure of mechanic's lien) and Count 12 (wrongful eviction). Plaintiffs shall file and serve any amended complaint on or before July 31, 2020. The basis for this ruling is as follows. A. The Special Demurrer For Uncerta...
2020.07.01 Motion for Prejudgment Possession 427
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.07.01
Excerpt: ...ail. (Comp. ¶2 and ex. A.) This case involves property located at APN 019‐020‐ 037. (Comp. 4.) The Authority seeks to take a portion of the property owned by Ronald Nunn. This matter is opposed by Ronald and Shirley Nunn (it is not clear what interest Shirley has in the property, but she appears to potentially have an interest and was served the summons, complaint and motion papers). Much of the Nunns' opposition is based on the Nunn Family ...
2020.07.01 Motion for Summary Judgment 025
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.07.01
Excerpt: ...g error. However, this declaration appears identical in substance to the declaration Delaney submitted in August 2019 and the Court has used the declaration from August 2019 as well as the declaration from June 2020 when considering the evidence submitted in opposition. Causes of Action One and Two The Court previously denied summary adjudication of the first cause of action for breach of a written promissory note against Defendant Centralbanc Mo...
2020.06.29 Motion to Compel Arbitration, Request for Stay 227
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.06.29
Excerpt: ... court for an order compelling arbitration of the dispute as permitted by the contract between the parties. The Defendant has opposed the motion claiming that the Plaintiff's conduct should be deemed a waiver of her right to have the matter arbitrated. For the reasons stated below, the court determines that the Defendants have failed to satisfy their heavy burden to show a waiver has occurred and grants the motion to compel arbitration. Relevant ...
2020.06.26 Motion to Dismiss or Stay for Forum Non Conveniens 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.26
Excerpt: ...ry in Las Vegas, Nevada. (Compl. ¶ 24) MM Development holds a judgment entered by a Nevada state court against defendant Linx Card, Inc. for $949,559.80, entered August 28, 2019, arising out of certain merchant processing services Linx Card provided to MM Development. (Compl. ¶¶ 25‐43, Exhs. B, D, E) A. The Claims MM Development has asserted claims against the defendants in this case for fraud, breach of contract, deceit, conversion, violati...
2020.06.25 Motion to Strike 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...opment Corporation (“Plaintiff” or “Novin Corp”). For the reasons set forth, the motion to strike paragraph 5 of the prayer is granted in part, and the motion to strike paragraph CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/25/20 ‐ 25 ‐ 6 of the prayer is granted, with leave to amend based on this ruling and the Court's concurrent ruling on Defendants' demurrers. Defendants' motion to strike was fil...
2020.06.25 Motion to Declare Vexatious Litigant 274
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.06.25
Excerpt: ...rejected by the clerk it was served on Defendants and the Court has reviewed it. For the following reasons, the motion is granted. Request for Judicial Notice Defendant requests Judicial Notice of several orders in case no. C18‐02245 as well as several County Recorder documents. The Request is unopposed. The request is granted. Evid. Code §§ 452, 453. Vexatious Litigant Statute Code Civ. Proc., section 391 provides: As used in this title, the...
2020.06.25 Motion for Summary Judgment 528
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ... Plaintiff failed to underline or highlight the relevant portions of the deposition transcripts. Not only is this required by California Rules of Court, Rule 3.1116(c), but the Court finds compliance with this rule helpful when reviewing deposition transcripts. Breach of Contract, Specific Performance, Covenant of Good Faith and Fair Dealing In 2016, Plaintiff and Defendant Rose Family Properties entered into a lease (“the Agreement”). The Ag...
2020.06.25 Demurrer 416
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.06.25
Excerpt: ... (1) negligence; (2) negligent infliction of emotional distress; (3) conversion; and (4) conversion (bailment). Defendant PSF Danville, LLC only demurs to Plaintiff's claims for (2) negligent infliction of emotional distress and (4) conversion (bailment). The remaining Defendants demur to all of Plaintiff's claims. For the following reasons the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendants request Judicial Not...
2020.06.25 Demurrer 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...Defendants are referred to collectively as the “Brookfield Defendants” for purposes of this ruling), Joe Guerra, and Josh Roden (Guerra and Roden referred to as the “Individual Defendants”; the California Corporate Defendants and Individual Defendants referred to as the “Defendants” for purposes of this ruling). For the reasons set forth, the Court rules as follows: (a) demurrer to second cause of action for fraud – sustained, with ...
2020.06.25 Demurrer 293
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...PARTMENT: 33 HEARING DATE: 06/25/20 ‐ 12 ‐ The Court signed the order appointing a guardian ad litem for Mateus Moniz on June 24, 2020. Since a guardian ad litem has now been appointed, the Court will proceed to the merits of this demurrer. Julia demurs to causes of action two and five. Mateus demurs to causes of action three and four. Plaintiff correctly argues that the demurrer did not identify the statutory basis for the demurrer. However,...
2020.06.25 Demurrer 238
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.06.25
Excerpt: ...hurch, hereinafter “LOPC”) and co‐worker, David Englebrekston: (1) Slander Per Se, (2) Libel Per Se, and (3) Trade Libel. He alleges that Mr. Englebrekston told “LOPC management” that plaintiff was "abusive" toward janitorial staff working on the church premises. (Complaint, ¶¶14‐16.) Having first met and conferred with plaintiff pursuant to Code of Civil Procedure § 430.41, defendants demur to the complaint. They argue that, pursu...
2020.06.22 Motion for Summary Adjudication 775
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.06.22
Excerpt: ...rkers' compensation insurance premiums assessed by SCIF. Plaintiff Northern California Collection Services (hereafter “NCCS”) asserts that it is suing on the debt created by the unpaid premiums by virtue of the assignment of the debt from the SCIF. On May 18, 2020 this court previously scheduled the hearings on all motions pending at that time for June 22, 2020. The court's rulings on those three motions are set forth below. Line #9 – Defen...
2020.06.19 Motion for Trial Setting Preference 760
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.19
Excerpt: ...te of April 29, 2019 on the basis of the advanced age and ill health of the then‐plaintiff, Mr. Garrett. Unfortunately he proved to be medically unavailable to attend trial then, and even more lamentably he has since passed away. As is discussed in Lines 4 and 5, it is represented that his claims are now being pursued by the successor trustee of his family trust. Unusually, this motion rests not on any age or health problems of any party, but r...
2020.06.19 Motion for Leave to File Complaint 760
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.06.19
Excerpt: ...may further amend his proposed pleading, if he thinks necessary, better to clarify the substantive basis for his self‐identification as the new plaintiff in the case. Background and Procedural History This case has a complicated procedural history, not entirely clear from the Court's file. The complaint was originally filed on September 10, 2018 by plaintiff Carl Garrett, suing in his own name. Garrett identified himself of the owner of the sub...

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