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1313 Results

Location: Contra Costa x
2018.10.25 Demurrer 763
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...ated May 30, 1990, brings this action as co‐owner of the real property located at 3511 School Street. Cross‐Defendant Milton Bruzzone owns the adjacent Rosedale Street Property. There are two small parking areas along the western side and southern portion of the School Street Property, which Cross‐Complainant has labeled “Area B” that are in dispute. As alleged, Area B has always been within the School Property's side of the fence separ...
2018.10.25 Demurrer 224
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...rah Shapero, are ordered to show cause why they should not be sanctioned in the sum of $ 900.00, jointly and severally, pursuant to sections 128.5 and 128.7 of the Code of Civil Procedure. On or before November 1, 2018, plaintiff shall file and serve a declaration signed by plaintiff's counsel. Attached to this declaration shall be a ‘redlined' copy of the “Amendment to Second Amended Complaint For Damages” filed on October 19, 2018. This r...
2018.10.18 Demurrer, Motion to Strike 944
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...t cannot determine whether the enactment relied upon was intended to impose an obligatory duty to take official action to prevent foreseeable injuries or whether it was merely advisory in character. [Citation]”).) In addition, a complaint against a public entity will ideally make clear whether plaintiff the plaintiff is claiming the public entity is directly liable under Government Code section 815 and/or 815.6 and a statutory or constitutional...
2018.10.18 Motion for Summary Judgment, Adjudication 324
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...rs contain serious defects. The Court will not consider these opposition papers, and gives plaintiff two procedural options. First, plaintiff may submit the pending motion for the Court's decision as functionally unopposed. The Court would review only the moving papers, and would send out a ruling by the end of the day. Second, plaintiff may stipulate to (1) briefly continuing the existing issue conference and trial dates, (2) setting a new heari...
2018.10.18 Demurrer 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...continued this demurrer so that the parties could meet and confer “in person or by telephone” as required by code of civil procedure § 430.41. The Court further ordered Plaintiff to file a declaration of compliance with § 430.41(a) by October 11, 2018. He has not done so. Although the Plaintiff is in pro per, the Court notes that pro per litigants are not entitled to special treatment and must follow the procedural rules that govern civil l...
2018.10.18 Demurrer, Motion to Disqualify Counsel 614
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...ing to bring their eleven (11) Penal Code claims against any party. The District Attorney's office (or U.S. Attorney with respect to the federal RICO claim) is the entity (or entities) who must prosecute those claims. No civil remedies are contained in the violations set out in the Complaint. NO CAUSE OF ACTION PLED AGAINST THE STATE OR ITS AGENCY, THE CSLB Regardless of the problems with standing, this demurrer is confined to the deficiencies in...
2018.10.11 Demurrer, Motion for Leave to Amend Complaint 094
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...te causes of action. The amended complaint may also include the changes listed in Plaintiff's request for leave to amend. Res Judicata Defendant argues that Plaintiff's complaint is barred by res judicata because there was a final judgment on the merits in a small claims action between the same parties. This argument was raised and rejected by this Court in the last demurrer. This appears to be an improper motion for reconsideration, however, occ...
2018.10.11 Demurrer 884
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...al theories. Any amended complaint shall be filed and served on or before January 31, 2019. The basis for this ruling is as follows. Background Plaintiffs are the current owners of the Renaissance Square Apartments, located at 1825 Galindo Street, in Concord, California (the “Property.”) They sue defendant Signature Properties, Inc. over allegedly defective construction services that Signature provided for a prior owner under a contract with ...
2018.10.11 Motion to Strike (Anti-SLAPP) 503
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...e and two is granted in part and denied in part. The motion is granted as to the STA Notice. Paragraphs 26 and 27 are ordered stricken from the complaint. Otherwise the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/11/18 ‐ 10 ‐ Relevant Allegations Defendants seek to strike the first and second causes of action (libel per se and libel per quod) in the complaint. Defendants have not moved to...
2018.10.11 Petition for Writ of Mandate 168
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...k to be assigned “benefits because the premises are the very definition of unsafe...” Plaintiffs include what appears to be a copy‐andpaste rendition of Health and Safety Code section 17975 et seq. regarding tenant relocation assistance. In apparent efforts to improve the Petition's chance of success, Plaintiffs filed an “addendum to petition for writ of mandate” on October 5, 2018, three court days before the hearing and without a proo...
2018.1.25 Motion for Summary Judgment 596
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...aglins, in 2010, but they lost the property to foreclosure. Bank of New York purchased the property at a foreclosure sale on August 15, 2011. After the foreclosure sale, the property manager was originally defendant Tenant Access and later moving party Rockbridge Group, LLC. Rockbridge is the successor in interest to Tenant Access. Neither party has provided the precise date when Rockbridge took over from Tenant Access, but Tenant Access was stil...
2018.1.25 Motion to Disqualify Attorney 451
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...y settled Armstrong's claims against Daly, but did not settled Daly's crosscomplaint against Armstrong. Armstrong filed a second opposition to this motion on January 11, 2018 and Daly filed a timely reply. Daly's motion seeks to disqualify Armstrong's attorney Robert De Vries because De Vries represented Armstrong's brother, Richard Armstrong, during his deposition. Daly argues that De Vries' representation of Richard Armstrong at his deposition ...
2018.1.25 Demurrer 184
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...d vehicle, but does not explain or identify why that would be. Furthermore, LaPlante does not explain which entity she had/has an auto policy with or which policy had/has the underinsured provision and/or any preservation of a crashed vehicle provision. From the FAC, one cannot know who the two individual employees are, who represented that they would keep the crashed vehicle for Plaintiff, or for which insurer they even worked. Hence, one cannot...
2018.1.25 Demurrer 814
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.25
Excerpt: ...nee Benham (“Benham”). This is an unlawful foreclosure case. The FAC pleads causes of action for (1) violation of Civil Code § 2923.6; (2) violation of § 2923.7; (3) negligence; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) unfair business practices. The Court previously sustained Defendant's demurrer to Plaintiff's original Complaint, which pled causes of action for (1) violation of Civil Code § 2923.6; (2) v...
2018.1.18 Motion for Summary Judgment, Adjudication 024
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...the motion is granted as to Wells Fargo, LTD. Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment is granted for the following reasons. Background Facts Plaintiff Colin Fraser is a 52‐year‐old Caucasian male. Plaintiff began working for Wells Fargo in September of 2003. In April 2007, Plaintiff became licensed as a Personal Banker and transferred to the Blackhawk branch effective September 30, 2007. He remained a “Personal Banker...
2018.1.18 Motion for Further Award of Post-Jugment Attorney Fees 493
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...60 and 701.680. Moreover, the judgment was fully satisfied 2 months prior to the initiation of this litigation. CCP Section 685.080 only allows for an award of fees if the motion seeking fees is brought before the judgment is fully satisfied. ...
2018.1.18 Demurrer 565
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...ele (collectively “Plaintiffs”) have sued the Bay Area Air Quality Management District (the “District”) and several individuals: Wayne Kino, Brian Binger, Bill Guy, Satnam Hundel, Rex Sanders, Jeffrey McKay and Jack Broadbent (collectively the “Individual Defendants”). Plaintiffs' First Amended Complaint (FAC) includes a single cause of action against all defendants for violations of Labor Code §1102.5 (all statutory references are t...
2018.1.18 Demurrer 098
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.18
Excerpt: ...Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The Complaint pleads causes of action for (1) violation of Civil Code § 2923.7; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2924(b); (4) negligence; (5) intentional misrepresentation; (6) negligent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/18/18 ‐ 22 ‐ misrepresentation; (7) promissory estoppel; (8) to set aside truste...
2018.1.11 Demurrer 388
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.11
Excerpt: ...ople or entities employed plaintiff Singh. On page 5 of the opposition, Singh says that the Thekkeks owned all the entity defendants, and says their ownership “begs the question, who other than them had the right to control plaintiff's work or terminate his [employment] [sic]?” (Opp. 5:4‐6.) If that is true, then perhaps only the Thekkeks and Paksn, Inc. need to be named as defendants in this action. The demurrer does not question whether P...
2018.1.11 Demurrer 404
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.11
Excerpt: ...ow through damages.” The demurrer is sustained without leave to amend as to this plaintiff on the reformation cause of action. 1st Cause of Action—Reformation Plaintiff Patel has standing to bring this reformation action as signatory to the contract. A party seeking reformation must generally allege and show: (1) The true intention of the parties for the instrument [see Civ. Code § 3399; American Home Ins. Co. v. Travelers Indemnity Co. (1...
2018.1.11 Motion for Attorney Fees 322
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.11
Excerpt: ...d award the reasonable attorney fees to which the Fratuses are entitled under section 800, subdivision (a). The Court of Appeal did not instruct this Court to consider the applicability of any other statute. The Court of Appeal tasked this Court with two specific undertakings: (1) Determine the reasonable attorney fees under section 800, subdivision (a); and (2) Award the reasonable attorney fees under section 800, subdivision (a). The “section...
2018.1.11 Demurrer 763
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.11
Excerpt: ...ilton Bruzzone was written or oral; she had not remedied her failure to satisfy the Statute of Frauds; and she has not remedied her failure to avoid the statute of limitations. Once the breach of contract claim has been dismissed, there is no legal theory to entitling Cross‐Complainant to a decree quieting title and declaratory relief; no basis for the trespass claim and injunctive relief; and no basis for reformation and novation where no enfo...
2018.1.4 Motion to Set Aside Default, Judgment 754
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.4
Excerpt: ...ion to collect in excess of $160,000 allegedly owed on an agreement to rent equipment for use at the Camp Park and other construction projects. Defendant Federal Solutions Group, Inc., ordered the equipment and defendant Selina Singh guaranteed payment. Plaintiff filed its lawsuit on May 4, 2017. It served each defendant by substituted service on May 12, 2017. It did the required mailing on May 16, 2017. (See CCP § 415.20 (a), (b).) Service was ...
2018.1.4 Motion for Leave to Amend Complaint 138
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.4
Excerpt: ... can be denied where there is “‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048 (even assuming there is unreasonable delay, “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.”).) Leave to amend can be denied where the proposed amendment is insuf...
2018.1.4 Demurrer 468
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.4
Excerpt: ...ourt declines to overrule or strike the Demurrer due to what Espinosa says is defective notice. Espinosa was able to oppose the Demurrer in a timely fashion, and Espinosa is on notice of the hearing date. Espinosa has identified no prejudice he CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/04/18 ‐ 8 ‐ has suffered as a result of the purportedly defective notice. Brief Factual Background The facts in this cas...

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