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3215 Results

Location: Contra Costa x
2023.02.02 Motion to Strike, Demurrer 089
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.02.02
Excerpt: ... Complaint in the Superior Court for the County of San Diego. The action was transferred to this Court in September 2021. A. Original Complaint Plaintiff's original complaint identified the class in the action as "All Rabobank checking account holders in California, who, within the applicable statute of limitations preceding the filing of this action incurred one or more Continued Overdraft Fees." (Compl. ¶ 30.) The "Continued Overdraft Fees" ar...
2023.02.02 Motion to Augment Administrative Record 568
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.02.02
Excerpt: ...ts three causes of action: (1) Violation of several specified provisions of the Health and Safety Code; (2) violation of the California Environmental Quality Act; and (3) violation of the California Public Records Act. Martinez Refining asserts nine causes of action: (1) CEQA; (2) violation of Health and Safety Code section 40783; (3) violation of Health and Safety Code section 40920.6; (4) violation of Health and Safety Code section 40406; (5) t...
2023.02.02 Motion for Preliminary Approval of Class Action Settlement 153
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.02
Excerpt: ...NTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/02/2023 13 When this motion first came up for hearing, the Court indicated generally that the settlement appeared appropriate in most respects, but that it had concerns in two respects. However, the Court is a little concerned by the relatively modest level of recovery provided. The gross settlement amount is recited to be less than 24% of the claims' “likely valu...
2023.02.02 Motion for Leave to File SACC 794
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.02
Excerpt: ...n August 20, 2019. On October 31, 2019, Defendant – in pro per at that time – filed a cross‐ complaint alleging eight causes of action against Plaintiff and Cross‐Defendant Michael Murphy (“Plaintiff”). Defendant's current counsel substituted in as counsel of record in December 2019. On April 23, 2021, Defendant filed a motion for leave to file a first amended cross‐complaint (FACC) to add four new causes of action and a new cross...
2023.02.02 Demurrer to FAC 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.02
Excerpt: ... the surviving causes of action. Background Plaintiffs are obligors under a $200,000 promissory note dated April 1, 2008 secured by a deed of trust on plaintiffs' residence located at 1452 Club View Drive, El Cerrito, CA recorded on April 9, 2008. (FAC ¶¶ 1, 4, 12‐15; Defs. RJN Exh. A.) The lenders under the note and deed of trust are defendants the Pans. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OF...
2023.02.02 Demurrer 364
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.02.02
Excerpt: ...A3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff alleges he discovered the vehicle had been in an accident...
2023.02.02 Demurrer 354
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.02.02
Excerpt: ...ion of Rights [42 U.S.C. § 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. § 1085]; (4) inverse condemnation; (5) regulatory taking; (6) declaratory relief; (7) intentional interference with contractual relations; and (8) negligent interference with prospective economic SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 02/02/2023 26 relati...
2023.02.02 Motion to Strike or Tax Costs, for Attorney Fees 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.02.02
Excerpt: ...y's fees. While a proportionate reduction based on limited success may be appropriate for attorney's fees, the Court declines to apportion the much smaller cost items. Specifically contested items are addressed below. As to specifically contested items, “the objecting party has the burden to show that a cost item is unrecoverable because it was not necessary to the litigation.” (Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th 328...
2023.02.01 Demurrer 999
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.02.01
Excerpt: ...e to amend. Plaintiffs shall have until March 1, 2023 to file and serve an amended complaint. Background This is a Homeowners' Bill of Rights (“HBOR”) action. Plaintiffs obtained a $560,000 mortgage loan secured against real property in Richmond, California. Plaintiffs fell behind on their loan payments. In response, on June 24, 2022, a Notice of Default was recorded on the property. Plaintiffs' application for loan modification was denied. T...
2023.02.01 Demurrer 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.02.01
Excerpt: ...ufficient to support each case of action (CCP § 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP § 431.10(f).) Factual Allegations This matter ostensibly pertains to an automobile accident that occurred on May 1, 2013 wherein Plaintiff was injured. (FAC p. 4.) It is alleged that both Plaintiff (through her father's policy) and the other driver were insured by Defendant CSAA. (Ibid.) Following the accident, Plaintiff ...
2023.01.30 Demurrer to SAC 494
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ....7; and (2) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). Defendants' Request for Judicial Notice ("RJN”) regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Fonteno...
2023.01.30 Demurrer 623
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.01.30
Excerpt: ...use of Action for Declaratory Relief. The amended complaint shall be filed and served on or before February 20, 2023. Background Plaintiff Prime Capital Investments, LLC is the owner of property commonly known as 3330 Concord Avenue in Brentwood. Defendant Mo Zhou is the owner of property commonly known as 3320 Concord Avenue in Brentwood. The two parcels of land are adjoining, and Plaintiff's parcel has no street access. Plaintiff alleges it own...
2023.01.30 Demurrer to FAC 311
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...23 2 Plaintiff was working at a Save Mart Supermarket in Antioch on July 24, 2020 when Plaintiff came upon a man hidden in the back of the store. The man brutally attacked Plaintiff, causing serious and life‐threatening injuries. (FAC ¶¶9, 14.) Plaintiff alleges that Defendant Phillips Edison & Company, LTD “co‐ owned, managed, directed, leased and/or controlled the shopping center and security thereon including the structures, adjacent s...
2023.01.30 Motions for Summary Judgment 285
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...uding RDR Builders LP (“RDR”), D. Winn Painting, Inc. (“D. Winn”), Lines of Integrity Caulking & Sealants (“LOI”), and Millbrae Glass LTD (“Millbrae”) were involved in the construction of the School. Aside from MWF, each entity named above (i.e., Diede, HKIT, RDR, D. Winn, LOI, and Millbrae) seeks summary judgment in motions or joinders presently before the Court. This tentative ruling addresses the motion for summary judgment or ...
2023.01.30 Motion for Summary Judgment 167
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ... reasons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5...
2023.01.30 Motion to Strike, Demurrer 842
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...ving in the number two lane of California Avenue as Plaintiff approached California Avenue. (2AC ¶¶ 8‐14.) In addition to suing Moss, Plaintiff has sued the City of Pittsburg alleging a first cause of action against the City for dangerous condition of public property. The Court previously sustained demurrers by the City to the original Complaint and to the First Amended Complaint ("FAC"). Standards for Ruling on Demurrer In ruling on the demu...
2023.01.30 Petition for Writ of Mandate 274
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...Parties" or sometimes "Developer" or "Project applicant") are named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this tentative ruling when the parties appear for the hearing. The Court will take the matter under submission after o...
2023.01.30 Petition for Writ of Mandate 509
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.01.30
Excerpt: ...visors as Respondents. FT Land, LLC; Meach, LLC; BI Land, LLC; and TH Land, LLC (collectively "Real Parties" or sometimes "Developer" or "Project applicant") are presently named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this ten...
2023.01.26 Motion to Strike Complaint 991
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...rvice of the amended complaint in which to respond. Background This is a revival action brought by Plaintiff S.C. for repeated acts of childhood sexual assault committed upon her after being placed in a foster home in Vallejo in approximately 2006. (Complaint, ¶¶ 25‐26.) Plaintiff alleges she disclosed her abuse to her social worker who was then employed by Defendant Contra Costa County (“County”). Plaintiff alleges that no investigation ...
2023.01.26 Motion for Summary Judgment 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...laint, filed 5/18/2021.) Defendants were the buyer's brokers for this deal. Plaintiff entered into a contract with Yu on December 14, 2018 where Plaintiff agreed to sell real property located in Hercules. Escrow was to close on January 28, 2019. (De Leon dec. ¶4.) De Leon sent Plaintiff a request of extension of time on January 21, 2019, which Plaintiff ignored. (De Leon dec. ¶7; Colbert depo. 99:15‐17) On January 25, Plaintiff requested that...
2023.01.26 Motion for Final Approval of Class Action Settlement 831
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...inal complaint was filed April 30, 2019, raising claims as 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, off‐the‐clock work, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/26/2023 2 unreimbursed business exp...
2023.01.26 Motion for Final Approval of Class Action Settlement 317
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...d and Settlement Terms Plaintiffs filed this action on February 16, 2021, alleging that on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the Bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring SUPERIOR COURT OF CALIFOR...
2023.01.26 Motion for Final Approval of Class Action Settlement 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...g that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement will create a gross settlement fund of $95,000. The class representative payment to the plaintiff will be $10,000. Counsel's attorney's fees will be $31,666.67 (one‐ third of the settlement). Litigation costs are estimated at $15,000. The settlement administrator (Phoenix) would receive an estimated $4,500. PAGA penalties w...
2023.01.26 Demurrer 588
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.01.26
Excerpt: ...aintiff Shalini Sharma, an experienced heavy equipment operator, was severely injured when the door of a motor grader snapped out of place and struck her in the head. Plaintiff was working at an ARS construction site when the incident occurred. Defendant American Equipment Company (“AMECO”) allegedly manufactured, sold, or leased the “defective” equipment to ARS. Plaintiff also alleges NorCal Rental Group, LLC helped manufacture, supply a...
2023.01.25 Motion Re Injunction to Stop Trespass 771
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.01.25
Excerpt: ...xsons seek an injunction that bars CrossDefendants Thomas Milway and Megan Hansen (“the Milways”) and their guests, family members and service personnel from using Alwin Road. The motion also seeks to bar the Milways from claiming ownership of Alwin Road. The motion requests the Milways stop assault, harassment and other verbal or physical attacks upon the owners of Alwin Road. In deciding whether or not to issue a preliminary injunction, thi...

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