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3946 Results

Location: Contra Costa x
2024.03.18 Petition for Writ of Mandate or for Writ of Prohibition 400
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...pondent” or “DMV”) order of suspension. For the following reasons, Petitioner's Writ of Mandate denied. Petitioner's request for payment of attorney's fees pursuant to Government Code §800 is also denied. Factual Background On September 6, 2022, CHP Officer Fuller observe d a Mercedes Benz travelling at a high rate of speed travelling northbound on I -680. (Administrative Record (AR), p. 0018.) Officer Fuller visually estimated that the ca...
2024.03.18 Motion to Strike FAC 249
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...endants' a ctions in the negligence cause of action; (2) the request for repayment of attorney fees paid to Defendant during the underlying representation in the Prayer; (3) the request for “attorney's fees pursuant to Civil Code sections 52, 52.4(a) and any other a pplicable statute,” in the Prayer; and (4) Paragraph 19, which reads: Defendant Wiener did not provide response to Jane Doe's Request to know if the attorney holds liability insur...
2024.03.18 Motion for Summary Judgment 484
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...l Back ground According to the complaint filed by plaintiffs Pedro Gomez III and Brianda Gomez (collectively plaintiffs and individually referred to by first name for convenience only, no disrespect intended), on or about November 2, 2019, Pedro fell and sustaine d severe injuries. At the time, he was working on scaffolding at the Phillips 66 Rodeo Refinery. The scaffolding was allegedly negligently and improperly designed, constructed, assemb...
2024.03.18 Motion to Strike FAC 419
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...ges, the facts alleged must show fraud, oppression or malice. (Civil Code section 3294.) Subdivision (c) of the statute contains the following definitions: “(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. [P] (2) 'Oppression' means despicable conduct ...
2024.03.15 Motion to Strike Out Pleadings 652
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ... of motion to strike the whole or any part of the pleading. (Code Civ. Proc. (“CCP”) § 435(b)(1); Cal. Rules of Court, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/15/2024 Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any ple...
2024.03.15 Motion for Summary Judgment 629
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ... causes of action for 1) prof essional medical negligence and 2) loss of consortium. Defendants' Request for Judicial Notice of Plaintiffs' Complaint is granted. As discussed herein, the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DAN IELLE K DOUGLAS HEARING DATE: 03/15/2024 Court overrules Plaintiffs' objections to the Declaration of Cynthia Goodman, MD and sustains in part Defendants' objection...
2024.03.15 Motion for Relief from Default 222
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...defaul t was entered on August 21, 2023. On September18, 2023, Defendant filed her motion to set aside. Defense counsel states in his declaration that he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a lette r to Plaintiff on July 11, 2023. Defense counsel heard nothing from Plaintiff until he received a copy of the request for default in the mail around August 21, 2023. On August 22, 2023, ...
2024.03.15 Motion for Judgment on the Pleadings 991
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...024 a ny factual allegations that could cure the defects in this cause of action, leave to amend is not granted. County's notice of motion was defective because it requests judgment on the pleadings as to the first cause of action for negligence and as to a non -existent fourth cause of action for “negligent hiring, retention and/or supervision.” County argues the Court should excuse the defect and dispose of all causes of action against it ...
2024.03.15 Motion for Determination of Good Faith Settlement 069
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...Evalua tion of the parties' allocation of settlement proceeds is committed to the sound discretion of the trial court in the good faith settlement approval process. The court may rely on its own expertise and the opinions of experts in reaching a determination of the good or bad faith of a settlement. However, the court may not be able to do more than simply make a best estimate, and any challenge to the agreement's assigned value should ...
2024.03.14 Demurrer, Motion to Strike 679
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ...mended complaint (FAC), namely count 3 (covenant of quiet enjoyment), count 4 (intentional infliction of emotional distress), and count 6 (covenant of good faith and fair dealing). The demurrer is sustained without leave to amend. FPI is given 21 days in which to a nswer the remaining causes of action against it. If plaintiff contests this tentative ruling to seek leave to amend, he should attend the hearing prepared to discuss in detail what am...
2024.03.14 Demurrer 253
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ...violation of the California family rights act; (7) failure to provide meal & rest periods; (8) failure to provide overtime wages; (9) unfair business practices; (10) retaliation and wrongful termination in violation of public policy; and (11) intentional infliction of emotional distress. Defendant demurs to Plaintiff's causes of action for (1) disability harassment and (11) intentional infliction of emotional distress pursuant to Code of Civil ...
2024.03.14 Motion for Attorney Fees 142
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ... resolved in t heir favor, it was the operative catalyst in securing the relief petitioners sought, namely the termination of the Tree Removal Agreement (TRA) between Pacific Gas and Electric Company (PG&E) and the City of Lafayette. Although petitioners' present motion does not limit itself to seeking an award against only PG&E (rather than the City), only PG&E has filed an opposition. The Court would have welcomed the City's input on the issu...
2024.03.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 697
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ... 15, 2023 as a class action. PAGA claims were added by amendment on June 2. The settlement would create a gross settlement fund of $220,000. The class representative payment to the plaintiff would be $7,000. Attorney's fees would be $73,333 (one -third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs are estimated at $8,000. PAGA penalties would be $30,000, resulting in a payment of $22,500 to th...
2024.03.13 Petition to Compel Arbitration 300
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...n June 2022, Kruse filed this lawsuit seeking $308,642 for unpaid work. A first amended complaint was filed in November 2022. Thompson Builders filed this motion to compel arbitration on December 21, 2023. “ ‘ “ ‘[T]he threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' ” ' [Citations.] … This initial issue also reflects the very plain principle that you cannot compel i...
2024.03.13 Motion to Strike, Demurrer 611
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...onsumer W arranty Act, Civil Code § 1791, et seq., fails to state facts sufficient to constitute a cause of action. (MTS p. 2: 3 -5.) 2. The claim for violation of the Magnusson -Moss Warranty Act, 15 U.S.C. § 2301, et seq., fails to state facts sufficient to consti tute a cause of action. (MTS p. 2: 6 -8.) 3. The claim for breach of express warranty under California Commercial Code, Cal. Com. Code § 2103, et seq., fails to state facts suffici...
2024.03.13 Motion to Stay Civil Proceedings and Discovery 072
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...Plaintiff Jaime Gonzalez Santiago alleges he was injured on June 9, 2022, while working for Defendant Georgia Langsam's horse breeding facility. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 0 3/13/2024 On June 7, 2023, Plaintiff filed an Application for Adjudication with the WCAB alleging injury on June 9, 2022, resulting from his employment with Defendant. On August 2...
2024.03.13 Motion for Summary Judgment, Adjudication 331
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...aratory relief. Only th e first and third causes of action are alleged against the Kristons. For the following reasons, the motion for summary judgment is granted. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be sep...
2024.03.13 Motion for Summary Adjudication 476
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...UPERIOR CO URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/13/2024 from Plaintiff Region Bank's predecessor in interest. Plaintiff now moves for summary adjudication as to its first cause of acti on for breach of the promissory note by Defendant Susan Hyde. Standard Summary adjudication is proper if all the papers submitted show that there is no triable issue as to any material f...
2024.03.13 Motion for Discovery to Compel Second Physical Medical Exam 471
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...pecialis ts over the years, she has undergone MRIs, Xrays, CT scans, and physical therapy. She has been deposed and she attended a physical examination by a defense retained expert on March 25, 2021. Plaintiff's medical records, disclosed to the defense long ago, r eflect on-going neck and disc issues. At her deposition on December 10, 2020, she testified she had on- going problems with her neck and discs. At the defense- requested medical exam...
2024.03.13 Demurrer, Motion to Strike 911
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...uisance. Defenda nts' Demurrer is sustained with leave to amend as detailed below. Plaintiff's counsel is ordered to appear whether or not Plaintiff contests this tentative ruling. Order to Show Cause Before getting into the merits of the Motion, the Court must address th e conduct of Plaintiff's Counsel – Mr. Ilan Janfaza - during these early stages of this matter. This motion was originally set for hearing on February 7, 2024. The Court conti...
2024.03.11 Motion for Summary Judgment 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
Excerpt: ...met their i nitial burden to show entitlement to judgment as a matter of law, the City of Pittsburg has also shown triable issues of material fact exist that preclude summary judgment, as discussed below. Factual Background Plaintiffs entered into a written “License Agreement” with the City of Pittsburg (“City”) on August 19, 2019, pursuant to which the City would provide the location for an ice rink and plaintiffs would install and opera...
2024.03.11 Motion for Summary Judgment 336
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
Excerpt: ...r summary judgment on the negligence cause of action on the grounds that the uncontroverted expert testimony shows that plaintiff cannot establish a prima facie case of professional negligence or causation. For the following reasons, the MSJ is denied. Legal Standard Code of C ivil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause o...
2024.03.11 Demurrer 372
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
Excerpt: ...Relief; and (8) Unjust Enrichment. Defendant demurrers to each cause of action on the basis that the Complaint fails to state facts sufficient to support any of the alleged causes of action. Defendant's demurrer is overruled for the reasons set forth below. Fac tual Allegations This matter pertains to claims made by Plaintiff Raymond Lee against his former caregiver, Defendant Marniee Fabiola Sjolander. Plaintiff alleges that he was misled by Def...
2024.03.08 Motion to Set Aside Default 148
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.08
Excerpt: ...”) §473( b). Code of Civil Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, ot...
2024.03.08 Motion to Bifurcate 396
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.08
Excerpt: ...olye r purchased the Property with Defendants Gershon Luria and Irit Sanger Luria in 2011. At some point in time, the Parties' relationship devolved and Plaintiffs decided they did not want to continue to co -own the Property with Defendants. Plaintiffs filed t heir initial Verified Complaint for Partition of Real Property on March 7, 2016. On March 25, 2016, Defendants filed a separate action (MSC16 -00579) which involved issues related to th...

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