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

2385 Results

Location: Contra Costa x
2021.10.22 Demurrer 462
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.22
Excerpt: ...and impermissibly vague. (FAC, ¶ 18.) In any further amended complaint, plaintiffs shall allege separately numbered causes of action for each contract at issue, shall specify whether each contract was oral or written, and shall attach copies of any writings evidencing each written contract as properly tabbed exhibits. (See Cal. Rules of Court, rule 3.1110, subd. (f).) Further, plaintiffs shall allege facts supporting their theory that NYLife can...
2021.10.22 Demurrer 662
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.10.22
Excerpt: ... the court's ruling on the last demurrer. In addition, plaintiff appears to have added at least one allegation of an injury specific to Fresenius: “a severe and infected wound at [decedent's] dialysis port.” (SAC, ¶ 38 a.) However, Fresenius has raised concerns that the Second Amended Complaint is still really just a form complaint, borrowed from complaints dealing with entirely different kinds of heath care facilities. In this connection, t...
2021.10.21 Motion to Dismiss or Stay Case 584
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ...sed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural Posture Plainti...
2021.10.21 Motion to Dismiss Complaint 870
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.21
Excerpt: ... filed by Petitioners AFSCME Local 2703, Merced County Sheriff's Employees Association (an affiliate of Teamsters Local 856), Mary McWatters, and Jeffrey Miller; and (4) a motion to enter a stipulated judgment filed in the Contra Costa County ERA case by Ken Westermann, Sean Fawell, the Contra Costa County Deputy Sheriff's Association, and the United Professional Fire Fighters of Contra Costa County, Local 1230. On September 11, 2020, the First D...
2021.10.21 Motion for Preliminary Approval of Class Action Settlement 119
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.21
Excerpt: ...ls gift cards redeemable at Arco gas stations in California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. A. Terms of the Settlement. BP will use its “best efforts to provide written notice to its ARCO‐branded dealers and operators of stations” in 43 specified northern California counties that “any gift certificate with a cash value of less than ten dollars is redeemable in cash for its cas...
2021.10.21 Motion for Preference, OSC Re Preliminary Injunction 593
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ... B. Gilbert and Judy B. Gilbert Trust Dated January 28, 1999 ("Gilberts" or "Moving Parties"). In its September 30, 2021 tentative ruling, the Court requested supplemental briefing from the parties on certain issues. The Gilberts, East Bay Municipal Utility District ("EBMUD"), Nick Lawrence, Trustee of the 911 Trust, and Barbara Sorenson ("Lawrence/Sorenson"), and the Bennetts filed supplemental memoranda, and Defendants and Cross‐Complainants ...
2021.10.21 Motion for Determination of Good Faith Settlement 074
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ...488 (“Tech‐Bilt”). Background On August 22, 2019, while driving on Highway 80, plaintiff was rear ended by defendant Garcia, who was, in turn, rear ended by defendant Cilirino Llanto Angulo. It appears that defendant Angulo was working for Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medica...
2021.10.21 Demurrer 245
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.21
Excerpt: ...esides or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlord‐tenant habitability case. The parties have reached an impasse in settlement negotiations. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and Bedbug Addendum to the leases. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/21/21 ‐ 2 ‐ Plaintiffs fil...
2021.10.20 Motion for Preliminary Injunction 810
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The Moving Parties contend Janice Alamillo is wrongfully interfering with the sale of the Property to a third party that was scheduled to close on September 20, 2021. Moving ...
2021.10.20 Demurrer 031
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...od was 32 when she died on July 1, 2020 at John Muir Medical Center in Walnut Creek, CA. (FAC, X, Ex. 1.) Plaintiff Anne McLeod was at her daughter's bedside, as was a nurse who had been caring for Erin prior to her death. (Ibid.) Erin had been at the medical center since June 20, 2020, when she was admitted for abdominal pain attributed to acute colitis. (FAC, IX.) After Erin's death, plaintiff asked the nurse to identify the cause of death, but...
2021.10.20 Motion for Summary Judgment, Adjudication 125
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...nd was then terminated from her position at the company. Defendant moves for summary judgment or alternatively summary adjudication of the following causes of action: (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of FEHA, (3) FEHA discrimination, (5) failure to prevent discrimination CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 4 ‐ and harassment, and ...
2021.10.20 Motion for Summary Judgment, Adjudication 291
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ...een completed, and the Court now tentatively rules on the MSJ. By way of a brief introduction, this cases arises from Moran's tenure as the Director of Tennis at the Club. Moran succeeded Sue Leo, who had been the Club's longtime Director of Tennis. It is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 12 ‐ undisputed that in late 2017, Leo decided to retire from the Director position. Leo did not, how...
2021.10.20 Motion to Compel Binding Arbitration 127
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.20
Excerpt: ..., Civil Code § 1790 et seq. ("Song‐Beverly Act") based on Hyundai's breach of its express warranties and implied warranties. Plaintiff alleges she purchased a 2016 Hyundai Tucson that is defective. Plaintiff alleges that "[u]pon [her] purchase of the Subject Vehicle Defendant HYUNDAI issued an express warranty to Plaintiff, which Defendant undertook to preserve or maintain the utility or performance of the vehicle." (2AC ¶ 11.) She further al...
2021.10.18 Petition to Compel Arbitration and Stay Action 086
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.18
Excerpt: ..."Defendants"). For the reasons set forth, the motion is granted, and the action is stayed pending completion of the arbitration. Factual Background Plaintiff Elizabeth Hernandez alleges she was employed by AAA Insurance as a customer service representative beginning in 2005. (Compl. ¶ 13.) Hernandez declares that in the facts of growing dysfunction between the insurance company and the club operations, the company underwent a corporate reorganiz...
2021.10.18 Motion for Summary Judgment, Adjudication 696
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.18
Excerpt: ...rlying credit lines and loaned additional funds to the borrowers and then-owners of the property, permitting a cloud on title when plaintiffs purchased the property. As discussed below, plaintiffs' have failed to shift the burden to Wells Fargo and, accordingly, their motion is denied. For the same underlying reasons, Wells Fargo's motion for summary judgment is granted. I. Factual Background Plaintiffs, Ying Huang and Koon Huat Low, are the curr...
2021.10.18 Motion for Judgment on the Pleadings 556
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.10.18
Excerpt: ...aint for (1) cancellation of instruments and (2) declaratory relief. The MJOP is opposed by Defendant and CrossComplainant John W. Elkins (“Defendant” or “Elkins”). Defendant is in pro per. As a threshold issue, the Court notes that it never reached the merits of the Plaintiff's prior motion for judgment on the pleadings, as it was rendered moot by the filing of Defendant's Amended Answer. This is the first hearing on the merits of Plaint...
2021.10.14 Motion to Strike or Tax Costs 241
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ... of costs is defined in Code of Civil Procedure section 1032(a)(4), which provides, in part, “If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides[.]” While there are a number ...
2021.10.14 Motion to Dismiss or Stay Case 322
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ... Ford and Pamela Thurman‐Ford, oppose the motion, arguing CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 7 ‐ Chevron has not met its burden. Because Chevron has not sufficiently shown California to be inconvenient, and Texas a more appropriate forum, the Court denies the motion. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's ...
2021.10.14 Motion for Preliminary Approval of Class Action Settlement 956
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ...e case in order to justify the settlement amount. Second, the Court is concerned about the installment provisions. Installment payments create a risk of non‐payment, and increase the likelihood that some class members will not be found. Accordingly, a justification should be provided for the delay. (If it requires the provision of confidential business information, an appropriate application under CRC 2.550 can be made.) The Court has noticed t...
2021.10.14 Motion for Final Approval of Class Action Settlement 080
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ...ms The original complaint was filed October 4, 2019. It is a class action complaint alleging that defendant violated the Labor Code by underpaying overtime to traveling healthcare staff, by excluding per diem benefits and non‐discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The clas...
2021.10.14 Demurrer 673
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.14
Excerpt: ...st added this claim to her case through a motion for leave to file a Second Amended Complaint. In the ruling granting that motion, the court observed that this new count appeared to state a cause of action. The court did this because failure to state a cause of action was a ground that defendants claimed justified denying leave to amend. Plaintiff only filed the Third Amended Complaint because defendants demurred to the Second Amended Complaint a...
2021.10.14 Demurrer 576
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.10.14
Excerpt: ...d 10th causes of action, inclusive, are sustained, with leave to amend. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 11 ‐ Factual Background Plaintiff alleges that she is a former employee of Golden State Defendants. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as individu...
2021.10.14 Demurrer 213
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.10.14
Excerpt: ...iv. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) violation of Civ. Code § 3273.15; (4) negligence; (5) wrongful foreclosure; (6) interpleader pursuant to Code Civ. Proc. § 386, Civ. Code §§ 2924j and 2924k; (7) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.); and (8) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to Plaintiff's causes of action pursuant to Code of Civil P...
2021.10.13 Motion to Strike FAC 885
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...
2021.10.13 Motion to Quash, for Sanctions 285
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.10.13
Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...

2385 Results

Per page

Pages