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4076 Results

Location: Contra Costa x
2024.05.23 Motion to Compel Arbitration 918
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ... December 2 020 through July 2023. (Declaration of Melissa Harborne 1/29/24 (“First Harborne Decl.”) ¶ 3.) Plaintiff Donna Prevost worked for CMG as an hourly, non -exempt funder from approximately 2016 through 2023, and was also based in San Ramon, California. (First Harbourne Decl. ¶ 4.) On November 15, 2023, Plaintiffs filed a class action complaint against Defendant alleging that Defendant engaged in a pattern and practice of wage abus...
2024.05.23 Motion for Preliminary Injunction 262
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...cedure § 5 29(a); and (b) Plaintiffs filing amended proofs of service demonstrating service of the summons, complaint, and motion pleadings on defendants Town SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TRE AT HEARING DATE: 05/23/2024 14 of Moraga and Z -Golf Food and Beverage Services, LLC dba Wedgewood Weddings as set forth below. Specifically, the Court grants a preliminary injunc...
2024.05.23 Demurrer 977
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...ief, the cas e arose out of allegations that plaintiff was stabbed on the premises of a restaurant in Pacheco. Counsel filing the complaint on Fernandez's behalf was Robert Rodriguez. However, Rodriguez was suspended from the practice of law on April 30, 2021, and he was disbarred on September 23, 2022. The parties have not identified the grounds for the suspension and disbarment, but there is no contention that they arose from any conduct dire...
2024.05.23 Demurrer 091
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...h caus e of action for abuse of process is sustained without leave to amend. Tyma's demurrer to the fifth cause of action for injunctive relief is sustained with leave to amend as set forth below. If Be Kind contests this tentative ruling to seek leave to amend the third and fourth causes of action, it should come to the hearing with a specific proposal as to how it intends to amend the complaint and argument as to how the amendment will salvag...
2024.05.22 Motion to Strike 367
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...ound This c ase arises out of a motor vehicle accident. Plaintiff alleges that he was involved in a motor vehicle accident involving Defendant Brinkman and Defendant Lopez on or about April 5, 2022. (Complaint at ¶¶ 18, 19.) The Complaint alleges that both Defendants were driving in an unsafe manner in violation of California Vehicle Code Sections 22350, 23123 and 21703. (Id. at ¶¶ 30, 31.) Legal Standard California Civil Code (“CC”) § 3...
2024.05.22 Motion to File Confidential Settlement Agreement Under Seal 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...s. A full his tory is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER : TERRI MOCKLER HEARING DATE: 05/22/2024 Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolvi...
2024.05.22 Motion to Enforce Settlement Agreement, Demurrer 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...omplaints, an d amended pleadings. A full history is laid out in the Court's tentative ruling on Cross -Complainants' Motion to Contest Good Faith Settlement Pursuant to Code of Civil Procedure § 877.6(a)(2). Relevant to the present Motion, in May 2023 Cross -Complainants and Plaintiffs entered into a confidential settlement agreement resolving all the issues between those parties. Thereafter, on May 30, 2023, Plaintiffs filed, and received, a...
2024.05.22 Motion to Compel Arbitration 505
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: .../22/20 24 claims to binding arbitration, and to either dismiss or stay this civil action pending the conclusion of arbitration. The Motion relates to Plaintiffs' Complaint for (1) motor vehicle negligence; (2) general negligence; (3) fraud; and (4) declaratory re lief. Defendant moves for an order compelling arbitration of Plaintiffs' claims and to dismiss or stay this action pending completion of the individual arbitration. Plaintiff argues that...
2024.05.22 Motion for Mandatory Joinder 885
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...d Matthew Tyler Lopez, on or before June 3, 2024. Plaintiff's truck was destroyed by a vehicle operated by defendants Mark Lewis Hinton and Tara Khawaja early in the morning on February 1, 2021. These drivers were allegedly working for DoorDash an d h i g h on d rugs at th e t ime of the collision. This case was filed on May 3, 2021, after both the insurer for DoorDash and the insurer for Khawaja (owner of the vehicle) refused to cover plaintiff...
2024.05.22 Motion for Discovery Protective Order 153
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.22
Excerpt: ...RI MOCKLER HEARING DATE: 05/22/2024 Background This case involves a multi- vehicle collision that occurred on April 7, 2022, in Concord, California. Defendant Ruben Andrade, while employed by defendant ARB and driving an ARB vehicle, rear -ended a vehicle dr iven by defendant Irfan Chaudhry, who, in turn, collided with plaintiff's vehicle. The plaintiff, Romeo Monzon, sustained physical injuries and his vehicle sustained extensive damage. The pla...
2024.05.20 Demurrer 108
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.20
Excerpt: ...hearing on the demurrer i s continued to 9:00 a.m. on June 10, 2024. The Court requests that CCCERA submit supplemental briefing on the issues set forth below before the Court rules on the demurrer. CCCERA' supplemental brief of no more than 10 pages shall be filed and served by el ectronic mail, facsimile, overnight mail or personal delivery by May 28, 2024. Petitioner shall file any response to CCCERA's supplemental brief of no more ...
2024.05.20 Motion for Summary Adjudication 904
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.20
Excerpt: ...al. Evid. Code § 452 (b), (h).) For the following reasons, Defendant's MSA is denied. Factual and Procedural Background This matter pertains to work performed by Plaintiff MVP Construction, LLC (“Plaintiff” or “MVP”) for Defendant City of Pinole (“Defendant” or “Cit y”) regarding installation of a pre -fabricated restroom facility at Fernandez Park in Pinole (the “Project”). The City previously brought a motion for summary ad...
2024.05.20 Motion to Set Aside Default and Quash Service of Summons 358
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.05.20
Excerpt: ...s filed this action on February 16, 2023 alleging that they contracted with defendants Gin Ivy Sevilla and Civver Construction Design, Inc. to construct an Accessory Dwelling Unit (ADU) at their home. Plaintiffs allege that Civver and Sevilla were not licensed con tractors and were fraudulently using co -defendant Rodney Dotson's contractor license. Plaintiffs allege that defendants failed to timely or competently build the ADU, submitted false ...
2024.05.17 Motion to Strike 237
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...(“District”) is a reclamation district that owns and controls levees and drainage facilities in Contra Costa County. The District owns and operates a levee that runs through a portion of Defendants' Property. District policies prohibit encroachments on the levee crown (e.g. fences or gates), so that its employees will have unobstructed access to the levees. (¶ 25.) In or around August 2022, Defendants' representative contacted the District t...
2024.05.17 Motion to Enforce Settlement, for Attorney Fees 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ... gr anted. Mazzarella may prepare and submit a proposed judgment consistent with the SFSU and this order, after circulating the document for approval as to form. Mazzarella's request for attorney fees is granted in part. Mazzarella is awarded attorney fees and costs in the amount of $3,560. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/17/2024 Background Defendan...
2024.05.17 Motion for Summary Judgment 647
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...tions, L LC, is unable to prevail on its complaint for breach of contract, as discussed below. In response, plaintiff fails to raise triable issues of fact. Cambra shall prepare and circulate a proposed form of judgment, separate from any order on this motion, to submit for the Court's signature. Factual and Procedural Background The facts are largely undisputed. Defendant, Ronald Cambra lives at 1364 Warren St. in Martinez, a property he inherit...
2024.05.17 Application for Right to Attach Order 708
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.05.17
Excerpt: ...hou t prejudice. Background Happy Hours, LLC executed a Promissory Note and Business Loan Agreement each dated May 27, 2022 in favor of Plaintiff Stearns Bank National Association reflecting a loan in the original amount of $10.9 million. (Bell Decl. ¶ 9 and Exhs. 1 and 2.) The loan was secured by a deed of trust on real property located in Desert Hot Springs, California (“Property”). (Bell Decl. ¶ 10.) The loan was guaranteed as reflecte...
2024.05.16 Motion for Summary Judgment 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ted. Judici al Notice Defendant requests judicial notice of four exhibits. Judicial notice is granted as to Exhibits 3 and 4, which are a filing and a transcript from plaintiff's family -law case in Monterey Superior Court. (See, e.g., Cuenca v. Safeway San Francisco E mps. Fed. Credit Union (1986) 180 Cal.App.3d 985, 997; People v. Smith (1989) 215 Cal.App.3d 19, 25.) Notice is denied as unnecessary as to exhibits 1 and 2, which are the Court's...
2024.05.16 Motion for Summary Adjudication 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ur and PAGA claims against Chevron U.S.A. Inc., Contra Costa Electric, Inc., Nooter Construction Company, and Nooter Corporation. Plaintiff moves for summary adjudication of the following affirmative defenses asserted in CCE's Amended Answer: Twenty- Eighth (Bar and Release), Twenty -Ninth (Collateral Estoppel and/or Res Judicata), and Thirtieth Affirmative Defenses (Double Recovery). Each affirmative defense centers around the argument that Plai...
2024.05.16 Motion for Preliminary Injunction, OSC Re Preliminary Injunction 563
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ... Country Club Drive, Lafayette (in unincorporated County). The complaint alleges that plaintiff David Forkosh entered into a business deal with plaintiff Suraj Ethirajan and defendants Brian Adair, Perry Gong, and Diquan Gong. The purpose of the deal was to acq uire, rehabilitate, and flip the property. Forkosh was to contribute construction work (personally and through subcontractors). However, Forkosh (who had taken up residence) was evicted f...
2024.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 628
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...tes, it app ears that Staffers is in the business of providing temporary clinical personnel to cover open shifts for health care organizations. Plaintiff Valpey, a certified nursing 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 05/16/2024 assistant, worked at least two extended assignments for Staffers, in Modesto and Walnut Creek. Valpey's declaration states that ...
2024.05.16 Demurrer, Motion to Strike 212
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...f law.” (H oliday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the pl...
2024.05.16 Demurrer on FAC 425
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ointed to represent the estate in civil litigation. The remaining plaintiffs are the surviving children of the decedent. The attorney who filed the original complaint and FAC has subbed out, and counsel for plaintiffs now is Tariq Mohaddidi, representing himself and the remaining plaintiffs. However, he has filed no opposition to this demurrer or motion to strike. The FAC names three defendants: Dr. McWhirter, who has answered; Dr. Kamlot, who ...
2024.05.15 Motion to Set Aside Entry of Default 293
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.15
Excerpt: ... separate ly file and serve the demurrer sufficiently in advance of the June 26th hearing to comply with CCP section 1005(b). Opposition and reply briefing shall be pursuant to code. The parties should call the clerk's attention to this order when submitting their filings. If the documents are e -filed, this can be done in the comment box. Background Plaintiff Melquiades Chavez filed this action to quiet title on May 31, 2023. Defendant Sama...
2024.05.15 Motion for Protective Order 234
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.15
Excerpt: ...ranted. SU PERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/15/2024 Discussion The plaintiff, Bay Area Propane, filed a complaint on October 18, 2022, alleging five causes of action. The se causes of action are as follows: 1) misappropriation of trade secrets; (2) conversion; (3) breach of contract; (4) intentional interference with prospective economic relations; (5) un...

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