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2088 Results

Location: Contra Costa x
2021.05.07 Motion to Vacate Arbitration Award 389
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.05.07
Excerpt: ...se. Plaintiff filed this action for breach of contract and common counts. In the answer, Defendant asserted a number of affirmative defenses, including that Plaintiff made misrepresentations about the gross annual sales of the business. Thus, he was not obligated to perform under the Agreement. The Purchase Agreement contained an arbitration provision. On September 27, 2016, the Court granted Plaintiff's unopposed motion to compel arbitration. Af...
2021.05.07 Demurrer 529
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.05.07
Excerpt: ...California State Department of Parks and Recreation ("Parks Dept.") or any other interested party should be joined in the action. Cross‐complainant/defendant Mr. Cervantes and the Intervenors have filed statements of position, and Mr. Cervantes filed a response to the Intervenors' statement of position. Neither Mr. Cervantes nor the Intervenors suggest that any parties should be joined other than potentially the Parks Dept. Mr. Cervantes conten...
2021.05.07 Demurrer 030
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.05.07
Excerpt: ...Court and to the other side. If timely contested appear by Zoom or CourtCall at 10:45 a.m. (See website for links) Background In June of 2016, in response to plaintiff's helping defendant David Foutz's wife commence divorce proceedings, David called plaintiff's then‐wife, Donna Ward. (For clarity, the parties will be referred to by their first names. No disrespect is intended.) During this call, Donna and David conspired to (1) lure plaintiff h...
2021.05.07 Motion for Leave to File FAC 769
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.05.07
Excerpt: ...al amendments reflected in Exhibit A to the Rehwald Declaration in support of the motion, except that Plaintiff may name Judith Horvath and Ronald Horvath only as defendants in the FAC but not as defendant Does 1 and 2, and Plaintiff shall revise paragraphs 3 and 4 of the proposed FAC accordingly; (2) Plaintiff may make additional allegations in the FAC Plaintiff believes may be necessary or appropriate, if any, to address the statute of limitati...
2021.05.06 Demurrer 284
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.06
Excerpt: ...rs to Cross‐Complainant's causes of action for IIED and negligence pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Strange's claims are barred by the relevant statutes of limitations and dos Santos' communications are entitled to qualified privilege. For the following reasons, the Demurrer is overruled‐in‐part and sustained‐in‐part. The Demurrer is overruled with respect to the intentional infliction of ...
2021.05.06 Demurrer 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.05.06
Excerpt: ...rranty of fitness for a particular purpose, (8) strict liability – manufacturing defect, (9) strict liability – design defect, (10) strict liability – failure to warn, (11) negligence – design and manufacturing defect and (12) negligence – failure to recall / retrofit. Defendant has not challenged the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/06/21 ‐ 8 ‐ indemnity and contribution claims in its...
2021.05.03 Motion to Strike 218
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.05.03
Excerpt: ...filing of a cross‐complaint. Plaintiff has requested and the Court takes judicial notice of the Registry of Actions in this matter, the Legislative Committee Commentary to California Assembly Bill codified by law as Civil Code 1952.3. Cal. Evid. Code §§ 452, 453. A cross‐complaint is only prohibited so long as the tenant remains in possession of the premises. See Gonzales v. Gem Properties (1974) 37 Cal.App.3d 1029, 1034 Code Civ. Proc., §...
2021.05.03 Motion for Judgment on the Pleadings 246
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.05.03
Excerpt: ... 2018. Plaintiffs include as defendants the seller, Smurthwaite; Smurthwaite's real estate broker; and the escrow company, Fidelity. Smurthwaite cross‐complains against Fidelity and others. His causes of action include indemnity against all cross‐defendants, as well as specific claims against Fidelity alone: breach of contract, breach of fiduciary duty, and, in his Ninth Cause of Action, Negligence. The latter three causes of action are all b...
2021.05.03 Demurrer 966
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.05.03
Excerpt: ...based on the failure to state a cause of action and on uncertainty. The demurrer does not specify whether it is addressed to the entire complaint or to a particular cause of action as required by California Rules of Court, rule 3.1320(a). The memorandum and meet and confer letter did specify the challenged causes of action and there appears to be no prejudice to Plaintiff who addressed each challenged cause of action in his opposition. Therefore,...
2021.05.03 Demurrer 456
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.05.03
Excerpt: ...led and served on or before May 13, 2021. Background Plaintiffs own land in Lafayette (“Land”), which they acquired from John Barsell Jr. ("Barsell") in September 2005. (FAC, ¶¶1‐9.) Plaintiffs allege, on information and belief, that in 1974, as a condition of approval of a subdivision request by Barsell, Barsell agreed to a ten‐year moratorium on developing the Land. (FAC, ¶10.) They allege Barsell never succeeded in subdividing the L...
2021.04.29 Demurrer, Motions to Strike 384
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.29
Excerpt: ... the pleadings challenges to rest. However, it had to grant leave to amend as to Dr. Kim as to the First Cause of Action (Negligence) and Second Cause of Action (Battery), even though the other defendants had not demurred to the First Cause of Action and had demurred unsuccessfully to the Second. Plaintiff did not limit her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 6 ‐ amendment as the court had ...
2021.04.29 Demurrer 434
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.29
Excerpt: ...ton. (Complaint, ¶¶1‐3.) Plaintiff's property is located across the street, to the east, and uphill from defendant's property, with no other homes in between. (Complaint, ¶3.) When plaintiff moved into his home in 1968, he had an unobstructed view of the San Francisco Bay and surrounding areas. (Complaint, ¶6.) Defendant acquired the property across the street in 1991 and, since 2010, defendant's “magnolia trees and other trees” have be...
2021.04.29 Demurrer 734
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ...ealing (class); and (5) breach of the implied covenant of good faith and fair dealing (individual). Defendant demurs to Plaintiff's first four causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. This demurrer came previously on for hearing on April 8, 2021. Before that hearing, the Court posted a tentative ruling on April 7, 2021 directing that the parties be prepared to discuss the following issues: Not...
2021.04.29 Motion for Issuance of Writ of Mandate and Preliminary Injunction 048
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ... May 20, 2021. The Court waives the usual page limitation on memoranda of points and authorities for the papers to be filed on May 13 and May 20. The Court requests that courtesy copies of all papers be provided to Department 39. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/29/21 ‐ 21 ‐ A. Procedural Posture. On January 13, 2021, petitioner Oak Hill Park Company (“Oak Hill”) commenced this proceeding by...
2021.04.29 Motion for Final Approval of Class Action Settlement 299
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ...Settlement Terms The original complaint was filed June 26, 2019. It is a class action complaint alleging failure to 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 commiss...
2021.04.29 Motion for Final Approval of Class Settlement 418
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ... granted preliminary approval after requiring some supplemental briefing. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/29/21 ‐ 9 ‐ A. Terms of Settlement The proposed class would consist of all consumers in California who have or had a Mendocino Farms gift card with a balance of $10 or less from November 18, 2015 to the date of preliminary approval of the settlement. The relief provided is that Mendocino Fa...
2021.04.29 Motion for Leave to File FAC 523
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.29
Excerpt: ...mberly L. Moore in support of the Motion, which is titled First CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 2 ‐ Amended Complaint and includes Exhibit A (FAC ¶ 81), and (2) the amended pleading shall be filed within 10 days of the date of the hearing. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression...
2021.04.29 Motion for PAGA Representative Action Settlement 948
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ...overtime, failure to provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. More specifically, plaintiff alleges that defendant did not reimburse for cell phone expenses even though a cell phone is needed for use of its mobile application, that defendant failed to pay for time worked traveling between patients, that defendant changed employees' hourly rates after they began working, that defendant failed to...
2021.04.28 Motion for Summary Judgment 371
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.04.28
Excerpt: ...e of Action is denied. A factual issue exists whether Valentine was a member of ZLAJ as of July 16, 2014, given that the his title on the May 2015 Statement of Information for ZLAJ was “Managing Member,” yet in testimony he denied ever being a member of ZLAJ. (See Donchin v. Guerrero (1995) 34 Cal.App.4th 1832, 1839‐1840.) Because summary adjudication is denied as to at least one cause of action, summary judgment is also denied. Background ...
2021.04.26 Request for Restraining Orders Re Civil Harassment, Motion to Declare Vexatious Litigant 157
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.04.26
Excerpt: ...sponse using Judicial Counsel form EA‐120. Both forms are in the format of a declaration under penalty of perjury by the party. The plain language of the Elder Abuse Act authorizes a trial court to issue a restraining order against any individual who has engaged in abusive conduct, as defined by statute, toward a person age 65 or older or a “dependent adult.” On the face of his Request, Petitioner acknowledges that he is 50 years old. “De...
2021.04.23 Motion to Set Aside Default 290
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.04.23
Excerpt: ...months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not ...
2021.04.23 Motion to Contest Good Faith Settlement 099
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.04.23
Excerpt: ...dure §877.6 had the burden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the TechBilt] factors as to be inconsistent with the equitable ob...
2021.04.23 Motion for Preliminary Injunction 669
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.04.23
Excerpt: ... before May 3, 2021. Factual Background Trident Plaza is a commercial office park in San Ramon comprised of five parcels. Plaintiffs Sponges and Mr. Gallucci each own a parcel in the office park. A Declaration of Covenants, Conditions & Restrictions ("CC&Rs") was recorded in November 1993 providing for the formation of nonprofit owners' association to own the common areas and manage the office park for the benefit of the owners. (Gallucci Decl. E...
2021.04.22 Motion to Strike 744
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.22
Excerpt: ...ing this motion was not calendared with the demurrer. Upon further consideration, however, the Court finds that this motion should be considered with the demurrer. The motion and opposition have already been filed and there is no prejudice to the parties for the Court to consider this motion now. Defendants seek to strike (1) references to “all defendants” in the fraud cause of action, (2) incorporation of earlier facts in the complaint in tw...
2021.04.22 Motion for Leave to File SAC 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.04.22
Excerpt: ...Code section 1102.5 to her pending employment dispute with defendants. She requests the amendment because Labor Code section 1102.5 was recently amended to add a subsection (j). That subsection states, “The court is authorized to award reasonable attorney's fees to a plaintiff who brings a successful action for a violation of these provisions.” Defendants raise various arguments about the validity of the new cause of action. The most substant...

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