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1485 Results

Location: Contra Costa x
2020.03.13 Motion to Strike or Tax Costs 725
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.13
Excerpt: ...ising from a destructive landslide that seriously harmed plaintiffs' residential property. Padilla moved for summary judgment, which was granted. This represented a total victory for Padilla. Padilla then filed his memorandum of costs as the prevailing party. The § 998 Offer Most of the costs sought consist of expert fees incurred after plaintiffs declined Padilla's Code of Civil Procedure § 998 offer. Section 998 is designed to encourage the s...
2020.03.13 Motion for Summary Judgment, Adjudication 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.13
Excerpt: ...30, 32.) I. Factual Background On September 4, 2016 at approximately 8:00 p.m., while riding his bike south along the northbound side of Big Break Road in the City of Oakley, 14‐year‐old Kaleb Vancil was struck by an oncoming truck going north, driven by Jerry McKinzie. McKinzie has testified that he did not see Kaleb. Kaleb is said to have left the sidewalk to pass two pedestrians headed the same direction as himself. Plaintiffs, Kaleb's p...
2020.03.12 Petition to Compel Arbitration 113
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.03.12
Excerpt: ...collectively, “Plaintiffs”)'s claims for (1) elder abuse, (2) violation of resident's rights, and (3) wrongful death. Plaintiffs oppose the motion. For the reasons discussed further below, the motion is denied. Burden of Proof on Motion to Compel Arbitration Code of Civil Procedure (“CCP”) § 1281.2 creates a summary proceeding for resolving petitions to compel arbitration. “A petition to compel arbitration ‘is in essence a suit in eq...
2020.03.12 Motion to Strike Settlement Agreement 943
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.03.12
Excerpt: ...ment, since they cannot perform the future services described in the settlement and they have not filed a motion to enforce the settlement under Code of Civil Procedure § 664.6. 2. Whether Phillips' acceptance of the settlement check after filing the motion means he intends to affirm the settlement, rather than seeking to vacate it; 3. If Phillips still intends to try to vacate or rescind the settlement, whether he has returned the settlement pa...
2020.03.12 Motion to Strike or Tax Costs 167
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.03.12
Excerpt: ... relatively general objections, the opposing party submits justification for the costs, and the defendant replies, the true nature of the dispute is apparently only based on what remains in the moving party's reply. Two such items remain. A. Item 1: Filing Fees. Plaintiffs assert that to the extent costs were incurred for “fax‐filing” fees, they are unreasonable. “Fax‐filing” fees are fees charged by a third party vendor to accept by ...
2020.03.11 Petition to Release Mechanic's Lien Claim and Claim on Bond 271
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.03.11
Excerpt: ...side has cited a published California appellate decision directly on point: i.e., a decision dealing with the situation where the owner records a release bond before expiration of the 90‐ day limitations period for commencing a mechanic's lien foreclosure action, and — with notice of the release bond — the claimant chooses to forego commencing a foreclosure action and instead rely on the six‐month limitations period for bringing an action...
2020.03.11 Motion for Leave to File Complaint 341
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.03.11
Excerpt: ...ckground Following a car accident in 2017, plaintiff Conrad Garcia, is suing defendants for damages related to his injuries. He originally filed this suit in November 2018, naming Does 1‐ 100. On August 13, 2019, after the statute of limitations had run, plaintiff filed an amendment to the complaint attempting to add defendants Mubarek and Alicea as Doe defendants. Defendant Mubarek brought a demurrer and motion to strike, arguing, in part, tha...
2020.03.09 Petition for Release Order Re Mechanic's Lien 197
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.03.09
Excerpt: ...chanics lien filed by Soligent pursuant to Civil Code section 8480(a). For the reasons stated below, the petition for release of the mechanics lien is granted and the defendant is granted reasonable attorney's fees pursuant to Civil Code section 8488(c). The court notes that under CC §8488(a) the lien claimant has the burden of proof as to the validity of the lien. Most of the relevant facts are undisputed. Soligent supplied “solar photovoltai...
2020.03.09 Motion to Reconsider or Set Aside Dismissal 212
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.03.09
Excerpt: ...acate the dismissal. The Plaintiff filed its complaint on August 21, 2019 claiming that it was owed contractual fees for legal services rendered to the Defendants. On September 4, 2019 the Defendants submitted an ex parte petition to dismiss the case on the basis that, at the time of filing the suit, the Plaintiff had failed to provide notice to the Defendants of a client's right to mandatory fee arbitration. This ex parte motion was granted on t...
2020.03.09 Motion to Consolidate Cases 236
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.03.09
Excerpt: ...hat opposition. Furthermore, the opposition includes a proof of service reflecting service by mail on Plaintiff. The Court of Appeal has held as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consoli...
2020.03.09 Demurrer 286
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.03.09
Excerpt: ... amend. On cause of action two for gender discrimination, Defendant argues that Plaintiff did not file a DFEH complaint related to that claim and the time has now passed to file such a complaint. The filing of a DFEH complaint is a pre‐requisite to bringing a cause of action under the FEHA for a claim such as such as gender discrimination. Defendant asks this Court to take judicial notice of the complaint in this case. That request is denied as...
2020.03.06 Demurrer 160
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ...of plaintiffs John Doe and Jane Doe. Jane Doe was briefly involved in relationship with John Doe, which ended in May 2017. Defendant Russell was involved in a subsequent relationship with John Doe from August 2017 to August 2018 and again beginning in December 2018. Russell CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 03/06/20 ‐ 7 ‐ discovered and distributed a copy of the photograph to defendant Gracie becaus...
2020.03.06 Demurrer 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ... she healed with keloids and required special care before, during and following her surgical procedure. In or about 2004, Plaintiff had undergone an abdominoplasty. To avoid further keloid formations, she requested her surgeon use the same incision for her fibroid removal. Since the fibroid mass was large, the decision was made to make the incision through the umbilicus (belly button). Plaintiff alleges that after surgery, her belly button was op...
2020.03.06 Demurrer 430
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ...e Demurrer is sustained with leave to amend. Plaintiff may file and serve a first amended complaint by March 27. If plaintiff has no allegations to make of actual wrongdoing by this defendant, however, he may find it the better part of valor to drop the foreclosure trustee and proceed (if he can) only against the lender. Analysis Defendant asserts that the complaint is uncertain as against Clear Recon. Uncertainty is a disfavored ground for demur...
2020.03.06 Demurrer, Motion to Expunge Notices of Pendency 570
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.03.06
Excerpt: ...sentation) and the sixth cause of action (unfair business practices), but only to the extent that plaintiff may, if he chooses, amend to add Askew to his intentional misrepresentation cause of action. It is sustained without leave to amend as to the second cause of action (conversion). Meet and Confer The Court is not satisfied with either side's compliance with the letter and spirit of the requirement of meeting and conferring before filing this...
2020.03.04 Motion to Sever Complaint 555
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.03.04
Excerpt: ...dants filed an antiSLAPP motion. The court granted the motion in part by dismissing four causes of action. The court denied the motion in part by allowing the sixth cause of action for defamation against Mr. Graves to proceed. The only other cause of action remaining in the cross‐ complaint is a breach of contract cause of action against the Gannon plaintiffs, Mr. Odell's former clients. Plaintiffs/cross‐defendants filed this motion to sever ...
2020.03.04 Motion for Summary Judgment, Adjudication 257
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.03.04
Excerpt: ...orth, Plaintiff's motion for summary judgment is granted. Based on the Court's determination that summary judgment should be awarded to Plaintiff, the Court does not reach the alternative relief sought in the motion for summary adjudication in Plaintiff's favor on Martarella's affirmative defenses. Summary of Facts The complaint alleges a single cause of action for enforcement of a judgment obtained by Plaintiff against defendants Martarella and ...
2020.03.04 Motion for Summary Adjudication 125
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.03.04
Excerpt: ...sferred only an easement rather than a fee simple with a condition subsequent. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/04/20 ‐ 7 ‐ The construction of a deed is ultimately a question of law for the court. Some deeds to railroads have been held to be unambiguous, and thus that courts must construe them without resort to extrinsic evidence. (See Severns v. Union Pac. R.R. Co. (2002) 101 Cal.App.4th 1209,...
2020.02.28 Demurrer 112
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.28
Excerpt: .... Shoreline's Allegations and Shapell's Demurrer This action arises out of the construction of a retirement community on property owned by defendant Shapell. FAC ¶¶ 9, 11. The FAC alleges that Shapell hired defendant SCM as the contractor for the project. FAC ¶ 13. On June 30, 2016, Plaintiff submitted a bid to SCM to perform the framing, based on architectural drawings, engineering specifications, and plans ("Design Documents") prepared by de...
2020.02.28 Application for Right to Attach Order 740
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.28
Excerpt: ... less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commercial in nature.” (Goldstein v. Barak Construction (2008) 164 Cal.App.4th 845, 852.) In issuing a writ of attachment, the court must make the following findings: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the cla...
2020.02.27 Motion to Dismiss or Stay Action for Forum Non Conveniens 038
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2020.02.27
Excerpt: ...n for Forum non Conveniens, based on a clause of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/27/20 ‐ 2 ‐ Employment Agreement calling for any such dispute to be litigated in Franklin County, Ohio. Because that forum selection clause is voidable under Labor Code section 925, the motion is denied. Key Facts Plaintiff began working for defendant in October 2014 as a Sales Manager in Training under a writt...
2020.02.27 Motion to Consolidate Cases 494
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.27
Excerpt: ...taneously pending, the trial court in which the unlimited action is pending [1] may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or [2] it may consolidate the actions. (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385 [Bracketed numbers added].) While Martin‐Bragg and other cases mention consolidation as a theoretical possibility, plaintiff has failed to cite the Court to a decision wher...
2020.02.27 Motion for Reconsideration of Prior Order 048
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.27
Excerpt: ...) § 1008 on the grounds that had it known the Court would grant the motion it would have argued that Defendant's performance was a condition concurrent rather than a condition precedent (as it argued at the hearing). Code of Civil Procedure § 1008(a) provides that a party affected by a prior court order may, “based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconside...
2020.02.27 Motion for Preliminary Injunction 078
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2020.02.27
Excerpt: ...ntiff has shown the threat of irreparable harm, in the form of the loss of a unique parcel of real property. The Factual Merits. The evidence is in conflict. The Court does find it somewhat odd that plaintiff had in his possession a full written agreement for the repayment of arrearages, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/27/20 ‐ 7 ‐ if the agreement was just a working draft that had not been appr...
2020.02.26 Motion for Summary Judgment 311
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2020.02.26
Excerpt: ...motions for summary judgment rely on the same evidence and made nearly identical arguments. In addition, Plaintiffs provided one opposition to all three motions. Therefore, the Court's analysis below applies to all three motions equally. Plaintiffs are suing the Defendants for fraudulent transfer and civil conspiracy. In 2016, Chou transferred his ownership interest in five properties to five separates trusts. At the same time, Cui transferred he...

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