Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

2772 Results

Location: Contra Costa x
2022.05.23 Motion for Summary Judgment 656
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2022.05.23
Excerpt: ...hat 364 Notice was not addressed or presented to the person designated to receive government claims by Government Code section 915 (a) and was not received by such person within six months after accrual of the cause of action, if ever. (See Gov't C. § 915 (e).) (See Material Fact Nos. 1‐17.) With the benefit of a fullydeveloped factual record, the court has reconsidered the prior rulings that this case is governed by Phillips v. Desert Hospita...
2022.05.20 Motion for Good Faith Settlement 167
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.20
Excerpt: ...tal Briefing The Hiteses' motion seeks a determination that their settlement with plaintiffs Jeffrey M. Jones and Shannon B. Jones ("Plaintiffs") is a good faith settlement under Code of Civil Procedure sections 877 and 877.6. In connection with that determination, they request an order that claims asserted in the cross‐ complaint of Guy Tzen‐Wen a/k/a Tzen‐Wen Guo a/k/a/ Guo Tzen‐Wen ("Guo") and Lin BihWan a/k/a Bih‐ Wan Lin ("Lin") (c...
2022.05.20 Demurrer 959
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.20
Excerpt: .... The demurrer is overruled as to the Second and Fourth Causes of Action. If Plaintiff elects to amend, the amended complaint shall be filed and served on or before June 9, 2022. Demurrer Pursuant to CCP § 430.10(e), Defendant Elliot demurs to each cause of action in the Second Amended Complaint on the ground Plaintiff has failed to allege facts sufficient to state a cause of action. 1st C/A— Declaratory Relief Defendant's demurrer to the Firs...
2022.05.20 Application to File Confidential Info 167
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.20
Excerpt: ...fs Jeffrey M. Jones and Shannon B. Jones, Trustees of the Jeffrey & Shannon Jones Trust, and the Hiteses and a supplemental brief filed by the Hiteses in support of their motion for a good faith settlement determination. For the reasons set forth, the application is denied. The Settlement and supplemental brief are ordered filed in the public records of the Court. Standards for Sealing Records Court records are presumed to be open. (Cal. Rules of...
2022.05.20 Application for Appoint of Receiver 709
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.20
Excerpt: ...er over 115 Thayer Way, American Canyon, CA 94503 (the “Subject Property”) and the residential care facility for the elderly (“Care Home”) operated thereon. Defendant seeks an order granting the Receiver the authority to manage the Subject Property and the Care Home. Defendant also seeks an order authorizing the Receiver to secure funding for the receivership estate through the issuance of receiver's certificates that may be recorded as s...
2022.05.20 Motion to Dissolve or Modify Preliminary Injunction, to Seal Declaration 059
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.20
Excerpt: ...from BookFactory, LLC and BookFactory's manager, William Murray, plaintiff Andrew Gilmore filed this action for breach of fiduciary duty in May 2021. He later also filed a related writ petition in this same Court (Case No. N21‐1410) for an order allowing him to inspect the books and records of BookFactory, LLC. Between July 26 and August 6, 2021, eight of the BookFactory members signed a “consent” document stating a resolution that Murray s...
2022.05.19 Demurrer 238
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.19
Excerpt: ... or before June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 05/19/2022 10, 2022. Background Plaintiff Clive Hitchens and Meghan O'Bra began living together in May of 2015 in a lease property located at 881 San Simeon Drive in Concord. In October 2017, both parties signed for a purchase loan of the San Simeon property. Title was taken in Defendant O'Bra's name only. The parties broke up in 2020 but Pl...
2022.05.18 Motion for Summary Judgment 957
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.05.18
Excerpt: ...21, 22, 23, 24, 25, 29, 30; (all subject to any evidentiary objections that have been sustained).) The motions are granted as to plaintiff Debbie Habegger and defendant John Muir Medical Group (“JMMG”) as unopposed. (See Defs' Exs. C, D, and E and Pltfs' Opp. at 10:20‐11:16, which contains no argument regarding Debbie Habegger. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (issue abandoned when plaintiff did not oppose a gr...
2022.05.18 Motion for Summary Judgment 171
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.05.18
Excerpt: .... (California Code of Civil Procedure (“CCP”) §437c(a)(2).) Plaintiff filed its opposition papers, but apparently had an issue serving them on Defendant at that time. It appears they were not served until April 20, 2022 – after Defendant sent a notice of non‐opposition to Plaintiff. As the papers were filed, the Court continued the hearing date to allow Defendant time to prepare and file a reply. The Court's order stated that the Reply w...
2022.05.16 Petition to Compel Arbitration 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...SE COURT CALENDAR FOR MAY 16, 2022 DEPARTMENT 18 JUDGE DANIELLE K DOUGLAS Factual Background: On or about March 7, 2018, Plaintiffs Shiamalee Perumal and Shyam Sunter (collectively “Plaintiffs”) and defendant Mayari Development, LLC entered into a written residential purchase agreement (the “Contract”) for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that “any dispute or...
2022.05.16 Motion to Set Aside Default Judgment 029
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...rvice of Summons as to Defendant G.C. Block Investment.com, LLC (“Defendant” or “G.C. Block”) was filed on October 4, 2019. Thereafter, on November 15, 2019, default was entered against G.C. Block. After providing additional documentation regarding alleged damages, a money judgment was entered on December 1, 2019 awarding $563,740.50. Defendant filed the instant motion seeking to set aside the default judgment on April 11, 2022. Standard ...
2022.05.16 Demurrer 199
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2022.05.16
Excerpt: ...t Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Defendant demurrers to all five causes of action on the basis that the court lacks jurisdiction over the subject matter of each cause of action as the proper venue is the family law court before which the parties' divorce is currently pending. (CCP §430.10(a).) Additionally, Defendant moves to strike the portion of the Prayer in the Complaint...
2022.05.13 Demurrer 419
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.13
Excerpt: ... twelfth (injunctive relief) causes of action, as well as to the eighth cause of action with respect to defendants Gurinder K. Sandhu, Narinder Singh Sandhu, or Rajwinder Kaur Sandhu. The demurrer is overruled as to the third, fourth, fifth, seventh, and ninth causes of action. Leave to amend is granted. For clarity, plaintiff may amend the first cause of action (against defendant Stephen Yatsko) if he deems appropriate. Any amended complaint sha...
2022.05.13 Motion to Augment Administrative Record 525
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.13
Excerpt: ...aff notes, (2) county documents related to Urban Line Limits and (3) EBMUD's 2020 Urban Water Management Plan. As an initial matter, this motion is a request to have certain document included as part of the record. Although judicial notice is discussed in the papers, the notice of motion does not the Court to take judicial notice of any documents. Therefore, the Court is not deciding whether any of these documents can be considered under Evidence...
2022.05.13 Motion for New Trial 410
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2022.05.13
Excerpt: ...ition. Alternatively, they seek to set aside and vacate the judgment pursuant to Code of Civil Procedure, section 663. The motion is denied. Procedural Background Petitioner filed this matter to enforce his inspection rights to the books and records of BookFactory, pursuant to Corporations Code § 17704.10. In their Answer, filed on September 17, 2021, respondents took the position that petitioner has no member rights because he was dissociated f...
2022.05.12 Motion to Compel Arbitration 647
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...iff's argument that defendants have failed to adequately authenticate the employment agreement containing the arbitration clause defendants seek to enforce. Plaintiff's objections to the opening declaration of Michael James are sustained; Mr. James does not have personal knowledge that plaintiff signed the agreement, and does not attempt to authenticate the agreement as a business record. (See, Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.A...
2022.05.12 Motion to Compel Arbitration 628
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...f stock equaling 25% of authorized shares of Plaintiff Risoftdev. Plaintiff alleges Defendants breached the agreement and conspired to retain and use Risoftdev's propriety information and trade secrets. Defendant Joel McVay was one of the senior investment partners at Chatfield and lead contact for the Risoftdev‐Chatfield business deal. Motion Pursuant to Code of Civil Procedure § 1281.2, Defendant Joel McVay moves to compel arbitration and st...
2022.05.12 Motion to Approve Settlement of Claims 204
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...e violations. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This is composed of attorney's fees of $31,666.66 (one‐third of the recovery), $10,063.84 in in litigation costs, and up to $4,200 in costs to the settlement administrator (Phoenix). PAGA penalties of $44,133.34 would be apportioned 75% to the LWDA and 25% to the aggrieved employees. Counsel's motion indicates that there are an estimated...
2022.05.12 Motion for Summary Judgment 524
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...ate and time on the motion. The proof of service attached to the moving papers shows the motion pleadings were served on the other parties by overnight mail on February 23, 2022, the same date they were filed and served without a hearing date. (See Braun Decl. Exh. 1.) The hearing date assigned to the motion by the Clerk on the face of the notice of motion after it was filed is June 9, 2022. The Court file does not contain any amended notice of t...
2022.05.12 Motion for Preliminary Approval of Class Action Settlement 492
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...nt Terms The original complaint was filed March 10, 2021, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, con‐compliant meal and rest periods, unreimbursed business expenses, failure to provide one day of rest in seven, failure to provide reporting time, failure to maintain payroll records, waiting ti...
2022.05.12 Motion for Leave to File FAC 898
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...ncern, nor any prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation.” (Solit v. Tokai Bank (1999) 68 Cal.App.4th 1435, 1448.) Further, under section 128 of the Code of Civil Procedure, the Court has inherent discretionary power to “provide for the orderly conduct of proceedings before it.” (Code Civ. Proc., § 128, subd. (a)(3); see, People v. Alvarez (1996) 14 Cal.4th 155, 209.) ...
2022.05.12 Motion for Leave to File Complaint-in-Intervention 704
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ... who was injured at work on December 12, 2017 after tripping on a 2x4 that was negligently nailed to the roof he was working on. (Complaint at ¶ 5.) Plaintiff filed a workers' compensation claim pursuant to the Workers' Compensation Act of the State of California and sought benefits under the California Labor Code and applicable regulations for his injuries. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DAT...
2022.05.12 Motion for Good Faith Settlement Determination 593
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2022.05.12
Excerpt: ...lidated for purposes of pretrial proceedings, filed by multiple homeowners against EBMUD and numerous other parties arising out of a landslide in March 2020. Though the cause of the landslide has not been determined, the landslide resulted in serious damage to the roadway of Tappan Terrace and affected at least seven properties on Tappan Terrace, Tappan Lane, and Ichabod Lane. (Am. Memo ISO Mot. pp. 5‐7.) Tappan Terrace property owners are memb...
2022.05.12 Motion for Determination of Good Faith Settlement 524
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2022.05.12
Excerpt: ...st allege destroyed their home in Orinda. (Memo. ISO Mot. p. 2.) Defendants Steven Yee and June Yee own the property next door to the Plaintiffs' residence. (Memo ISO Mot. p. 2, ¶ 2.) They allege the defendants altered the natural flow of surface water across their properties which contributed to the landslide on Plaintiffs' property. (Memo ISO Mot. pp. 2‐3, ¶¶ 4, 5.) The Yees have filed a crosscomplaint for damages they contend their proper...
2022.05.11 Application for Preliminary Injunction 753
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2022.05.11
Excerpt: ...ctively “Plaintiffs”) own property located at 4123 Happy Valley Road in Lafayette, California. Sometime in approximately 2007, Defendant East Bay Municipal Utility District (“EBMUD” or “Defendant”) approached Plaintiffs seeking to purchase an approximately .58‐acre portion of Plaintiffs' undeveloped property (the “Property”) as a site for the Sunnyside Pumping Plant (the “Plant”). The parties spent the next few years negotia...

2772 Results

Per page

Pages