Excerpt: ...no viable b asis of liability and causation against defendant.” (Notice of Motion at 2:3 -4.) For the following reasons, Defendant's Motion is denied. Brief Factual Background As a threshold issue, the Court notes that Defendant's Objections and Response to Plaintiff's separate statement fails to entirely comply with Code of Civil Procedure § 437 (b)(3) and California Rules of Court 3.1350(f). Section 437c(b)(3) requires “an opposing party's...

Excerpt: ...e adminis trator has mailed notices to 555 class members. 61 packets were returned by the post office. Follow up resulted in 49 new addresses, leaving 12 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA CO STA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 07/25/2024 18 The motion is granted. A. Background and Settlement Terms Defendant Sharjo provides...

Excerpt: ...cross- complainants) – has filed a memorandum of costs. Each side has filed a motion under Code of Civil Procedure § 1032 to strike or tax the other side's memorandum of costs – principally on the contention by each side that they, and not the opponents, are the prevailing parties for purposes of an award of costs (although there is also some marginal criticism of particular items of costs). And in parallel, each side has filed a motion u...

Excerpt: ...As to the medical records, the motion in the alternate to modify the subpoena order as to “relevant body parts” is granted. 2. As to the financial records, the motion to quash the subpoena as to Plaintiff's financial information is granted. Background: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 07/24/2024 On May 31, 2024, Plaintiff Pablo Beltran filed a motion ...

Excerpt: ... the motion to qu ash is granted. Brief Factual Background Plaintiff Land Home believes that Defendant Gold Star Mortgage Financial began recruiting Gomez to manage its Central Valley operation in December 2016. According to Plaintiff, Gold Star also recruited Defendant and cross -complainant Ernesto Gomez began working for the plaintiff Land Home as a loan officer/originator in 2008. In 2014, Gomez entered into a Producing Branch Manager Employm...

Excerpt: ...1. In SUPE RIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 07/24/2024 the Doe amendment, Plaintiff claims to have been ignorant of the true name of NCR and amended the complaint by substituting the true name for the fictitious name wherever it appeared in the complaint. NCR. was served on April 5, 2024. On May 31, 2024, NCR filed this motion to dismiss. NCR argues that Willi...

Excerpt: ...tructura l, Inc.(GVS), is a subcontractor responsible for framing, foundation, and site retaining walls. Work commenced in 2017 but problems arose, and the home construction was defective. The general and subcontractors pointed fingers at each other, and the matter was first referred for contractmandated arbitration in 2019. Allegedly, GVS refused to participate in arbitration and the matter was sent back to court at the end of 2020 with instru...

Excerpt: ...thout le ave to amend. Factual and Procedural Background This matter concerns damages claims related to a flooding event that took place in January 2023 at or near the intersection of Byron Highway and Camino Diablo in Contra Costa County. FAC Allegations Accord ing to the FAC, Plaintiffs own a single-family residence located at 3238 Camino Diablo. Defendant Shahi owns and operates a gas station, convenience store, and restaurant located at 1503...

Excerpt: ... a motion for leave to file a second amended complaint which is not yet scheduled for a hearing. A motion for leave to file an amended complaint does not obviate the need to file an opposition to the demurrer and the Court could simply sustain the demurrer based on non -opposi tion. However, the primary issue here, a statute of limitations issue, is significant and the Court has considered the merits of the Defendants' demurrer. For the reaso...

Excerpt: ...s (Principle)'s Comp laint for five contract and fraud related causes of action. For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants detailed their meet and confer efforts with Plaintiff's counsel in the Declarati on of Ernest Chen. Defendant's counsel explained his meet and confer efforts regarding the First Amended Complaint (“FAC”) made over an April 28, 2023, email. (Chen Decl....

Excerpt: ...uties (Reasonabl e Care); and (3) Bus. & Prof. Code § 17200 et seq. Defendant demurs to each of Plaintiffs' causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that they are compulsory cross -claims to Case No. C22 -01746 and that each of them fail as a matter of law. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests judicial notice of several Court recor...

Excerpt: ...o 5th, 7th, a nd 9th C/As – sustained, without leave to amend. Background Plaintiff and cross -defendant FR Crow Canyon, LLC is the lessor under a commercial lease of the premises located at 3191 Crow Canyon Place, Store #K11, in San Ramon. (First Amended CrossComplaint ("FACC") ¶¶ 17, 28.) Spavia San Ramon, LLC (“Spavia”) is the lessee under the lease. (FACC ¶¶ 22, 28.) FR Crow Canyon sued Spavia and individual defendants Shoba...

Excerpt: ...5 -2006 by Marcos Uribe, who was a bilingual teaching aide, translator, and after -school tutor at Pinole Middle School at the time. Plaintiff did not file any sort of government claim or lawsuit until this one, on May 6, 2022. The filing, though nearly two decade s after the assaults took place, was nonetheless permitted by California Assembly Bill 218 (“AB 218”), which was signed into law in 2019 and took effect on Januar y 1, 2020. AB 21...

Excerpt: ...��Seecon Built Homes”) , Albert D. Seeno Construction Co. (“ADSCO”), West Coast Home Builders, Inc. (“West Coast”), North Village Development, Inc. (“North Village”), and Alsan Financial & Leasing, Inc. (“Alsan”) and (collectively, “Plaintiffs”). This hearing is scheduled along with related matters C23 -00614, C23 -01658, C24 -00327, N24 -0406, and C23 -01029. For the following reasons, the Court grants the motion to designa...

Excerpt: ...elow, the motion is denied. Background On April 11, 2024, Plaintiff Chantel Reyes filed a motion for terminating, issue, evidence, and/or monetary sanctions against Defendant General Motors, LLC. Plaintiff alleges Defendant has not cooperated with court- ordered production of documents. On April 27, 2023, Plaintiff filed suit against Defendant for alleged violation of the Song -Beverly Consumer Warranty Act, after her newly purchased 2021 Cadil...

Excerpt: ...oves to strike Plaintiff's claim for punitive damages primarily because Plaintiff's fraud claim is not adequately pleaded in Plaintiff's first amended complaint ("FAC"), the only cause of action that can support a claim for punitive damages. Legal Standards The court may strike allegations that are "irrelevant, false or improper matter" or any portion of a pleading "not drawn . . . in conformity with the laws of this state.&#...

Excerpt: ...call being offered any type of claim form or being told that she needed to fill out a claim form. Hopkins believed she had properly reported the incident and her injuries. (Hopkins dec. ¶5.) Hopkins retained a lawyer on March 21, 2024. (Hopkins dec. ¶7.) On March 27, 2024, Hopkins' lawyer submitted a claim to the City. The City denied the claim on April 24, 2024. This petition for relief was filed on May 16, 2024. Initially, the petition stat...

Excerpt: ...eny a stay . The decision to deny defendant's arbitration motion was not a difficult or close one. And while it is not this Court's business to tell the court of appeal what to do, the Court is not overly impressed with defendant's chances on appeal. However, as expl ained below, the Court's view of the governing law does not give the Court that discretion. The Court concludes that federal, not state, law governs defendant's entitlement to a stay...

Excerpt: .... Second , it asks that the duration of the resumed session be limited to the remainder of the seven hours provided as a default length in Code of Civil Procedure § 2025.290(a). Neither side's papers are technically compliant. Plaintiff's three -page brief is suppo rted by no declaration or factual evidence at all, as to such points as the stress on plaintiff, the duration of session 1, or the topics still remaining to be covered. And on defenda...

Excerpt: ...rrigation. Plaintiff was employed there in a non -exempt position between May 2021 and August 2022, though his job position is not described. The original complaint was filed on August 10, 2023 as a class action. PAGA claims were added by later amendment. The settle ment would create a gross settlement fund of $500,000. The class representative payment to the plaintiff would be $7,500. Attorney's fees would be $166,667 (one - third of the settle...

Excerpt: ...erial han dler and delivery driver in 2018 and 2019. The original complaint was filed on April 19, 2022 as a class action. PAGA claims were added by later amendment. The settlement would create a gross settlement fund of $200,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $66,667 (one - third of the settlement). Litigation costs would not exceed $25,000. The settlement administrator's costs are ...

Excerpt: ... of action (fraud), third cause of action (negligent and intentional infliction of emotional distress), and fifth cause of action (slander of title). They say they're demurring also to the fourth cause of action (cancellation of written instrument) and sixth cause of action (quiet title), but their brief contains no separate argument as to those counts. The demurrer is overruled. The Koblicks are given to August 9 to file and serve their answe...

Excerpt: ...EZ , CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 07/17/2024 collision on State Route 24 on August 25, 2018. A jury trial was held in April 2024, and on April 16, 2024, the jury found, in a special verdict, that the defendant was not negligent. A judgment on the special verdict was entered on May 6, 2024, and the Notice of Entry of Judgment was dated May 8, 2024. The defendant filed a Memorandum of Costs on May 14, 2024, reques...

Excerpt: ...had a " a left anterior total hip arthroplasty, including ancillary services and the administration of anesthesia" performed at a facility owned and operated by Sequoia Surgical Pavilion, LLC. (Compl. ¶ 7.) It is undisputed that vials of medication, tranexamic aci d ("TXA"), a blood clotter, and Mepivacaine, an anesthesia, were placed on an anesthesia cart, and the anesthesiologist, Dr. Ryu, mistakenly injected the TXA instead of...

Excerpt: ...rranty under the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 07/17/2024 California Commercial Code § 2103 on the grounds for failure to state a claim. (Demurrer p. 2: 14 -16.) Fo r the following reasons, the Demurrer has overruled as to the Breach of Express Warranty under the California Commercial Code. Meet and Confer Requirement Defendant satisfied its meet and co...