Excerpt: ... notify th e Court and opposing counsel by 4:00 p.m. on the date of this posting, April 24. In short, the Court now rules: • Although there is a question about the report being read by Judge Campins, there is no broader prohibition on the Court generally (a differen t Judge) seeing and reviewing the report. • The District Attorney's office, however, may not see the report, at least not at this point. • The Court can and should review the re...

Excerpt: ... intesta te. The Petition seeks an order confirming that one half of the Decedent's 2.2582% separate property ownership interest in Countrywood Shopping Center Associates (which the Decedent received through an inheritance from his father's trust) be confirmed to Petitioner as her intestate share of this asset (see Prob. Code § 6401(c)(2)). Respondent objected to the Petition on January 19, 2024 (the “Objection”). The Objection alleges tha...

Excerpt: ... locations . Plaintiff is a former nonexempt employee of defendants, though her job description and employment dates are not provided. The original complaint was filed on March 3, 2021. Several amendments were made, one of which (in September 2022) added PAGA claims. The settlement would create a gross settlement fund of $625,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICI...

Excerpt: ... granted, the administrator has mailed notices to 120 class members. No packets were returned by the post office, and there are thus no nondeliverable notices. One additional person came forward and, after inquiry, was determined to be a class member as well. No o bjections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a ...

Excerpt: ...laintiff als o moves for approval of his attorney's fees, litigation costs, administration costs, and representative payments. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging violations of the Lab or Code. The allegations have been revised by amendments, but as framed in the second amended complaint they center principally on untimely payment of wages. This case was first �...

Excerpt: ...emurrer is otherwise overruled. The Dis trict shall file and serve its answer by May 9, 2024. In addition, as discussed below, the matter is set for June 5, 2024 at 8:30 a.m. (the next CMC date) for an order to show cause why the complaint should not be dismissed for the inappropriate attempted representation of a trust by a non-attorney. Background and Allegations Plaintiff is one of the trustees of the Jordan Family Trust, which owns real prop...

Excerpt: ...ion for inverse condemnation . Defendant moves pursuant to Code of Civil Procedure (“CCP”) § 437c for summary adjudication of Top Solutions inverse condemnation claim on the grounds that Top Solutions cannot establish that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/24/2024 the service lateral serving a single residential property is a public project. For the f...

Excerpt: ...s for Judicial Notice are granted. (Cal. Evid. Code § 452 (d).) For the following reasons, Defendant's Demurrer is sustained. Allegations of Cross -Complaint This matter concerns damages claims related to a flooding event that took place in January 2023 at or near the intersection of Byron Highway and Camino Diablo in Contra Costa County. The First Amended Cross -Complaint (“FACC”) alleges two causes of action against Contra Costa County: (...

Excerpt: ...#34; or "Moving Parties"). For the reasons set forth, the motion is granted as to all claims other that Plaintiff's "non- individual" PAGA claims, addressed below, the class claims are dismissed, and the action is stayed pending completion of the arbitration. A case manag ement conference shall be set for 8:30 a.m. on December 10, 2024, to review the status of the case and the arbitration. Background Plaintiff Iliana Reyes all...

Excerpt: ...0 north of El Cerro Boulevard in Alamo, California on February 23, 2018. (UMF 1 -2.) The accident occurred at approximately 10:00 p.m. (UMF 1.) While attempting to change lanes, Mr. Cruz collided with Plaintiff Francie Lacey -G ra n t 's vehicle. (UMF 2.) Defendant Luis C ruz was operating a pickup truck owned by his employer – Defendant Gesick Concrete, Inc. (“Gesick Concrete”) (UMF 4.) Mr. Cruz was driving the vehicle within the course an...

Excerpt: ...tion Defendant seeks summary adjudi cation as to seven separate issues related to causes of action two through six, eight through nine, and the prayer for punitive damages. For the following reasons, the MSA is granted -in -part and denied -in -part. The MSA is denied as to of Employee as Indepe ndent Contractor; (2) Failure to Indemnify and Reimburse Employees; (3) Failure to Pay Overtime Compensation; (4) Failure to Furnish Timely, Accurate and...

Excerpt: ...ground In the operative second amended complaint ("SAC"), Plaintiffs allege a single cause of action for breach of fiduciary duty defendant Jordan Yudien. (Second Am. Comp. ("2AC") 3rd C/A, ¶¶ 36 -47.) Yudien represented defendants Jerry Kilarr, now deceased, and Co nstance Kilarr in litigation with Plaintiffs the Menascos in James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior 16 Court Case No. MSC16 -0...

Excerpt: ...ation t hat he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a letter 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, Defendant attempted to file an answer that was rejected by the court because default had been entered. Defendant moves to set aside the defa...

Excerpt: ...l of th e party's intention to contest, specifying the issues to be contested. As stated in last week's tentative ruling, however, even if there is no contest, counsel are to appear (Zoom okay) to discuss scheduling and the future course of this case. The Court va cated last Friday's scheduled Issue Conference/Mandatory Settlement Conference in light of its not having decided this motion yet. Moreover, the Court predicted last week that the prese...

Excerpt: ...for atto rney's fees pursuant to Code of Civil Procedure section 1021.5. Under section 1021.5, a court may award fees “to a successful party … in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a signifi cant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons; and (b) the necessity and financial burden of private enfor...

Excerpt: ..., CON TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/17/2024 The plaintiff filed this action for negligence on February 27, 2023, alleging injuries caused by an unleashed dog in Calistoga, California on June 2 1, 2021. The defendants propounded Form Interrogatories Set One, Special Interrogatories Set One, and Request for Production of Documents Set one on April 11, 2023, with responses due May 13, 2...

Excerpt: ... to th is evidence prior to a ruling on the motion. Plaintiff shall file and serve a response to this evidence, not exceeding five (5) double -spaced pages, by April 23, 2024. Background While walking for exercise, plaintiff Felicia Sonnier fell and sustained sev ere injuries on May 24, 2020. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact Nos. 1 and 3, and plaintiff's responses.) The City contends the location o...

Excerpt: ...URT OF CALIFORNIA, CONTRA C OSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/17/2024 liability. Only the first and fourth causes of action are alleged against Defendant City of Oakley. Defendant demurs to Plaintiff's first cause of action p ursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiff's general negligence cause of action against the City is improper and the Cour...

Excerpt: ...laint Plaintiff Emeziem & Others is a law firm that represented seven individuals – Melondy Spears, Candace Spears, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “Beneficiaries”), in a Wills and Trust case filed in Contra Costa County (Case no. P21 -00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries – Willie L. Spears St...

Excerpt: ...y judgment direc ted toward the first amended complaint. Procedural Background Plaintiff filed his Complaint on November 10, 2021. Defendant Oakwood Athletic Club, LLC (“Oakwood”) filed its Answer on January 26, 2022. Thereafter, Defendant filed its MSJ on May 5, 2023. T he MSJ was set for hearing on August 17, 2023. On July 17, 2023, the Court continued the hearing 24 25 until November 16, 2023. On November 9, 2023, the Court continued t...

Excerpt: ...care), and add additional allegations regarding certain loan distributions. Defendant Albert D. Seeno Jr. opposes the motion on several grounds including legal futility and inexcusable delay. For the following reasons, the motion is granted. The First Amended Complaint is deemed filed as of April 15, 2024. Plaintiff is directed to electronically file a new copy of the Second Amended Complaint by April 19, 2024. Analysis A trial court has discre...

Excerpt: .... (Second Am . Comp. (“SAC”) 1st C/A, ¶¶ 1-30.) Kilarr was previously a party to litigation with Plaintiffs the Menascos, specifically the case James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior Court Case No. MSC16 -01460 (the "Prior Litigatio n"). The Prior Litigation was resolved by settlement. This lawsuit arises out of the settlement and other events related to the Prior Litigation. 21 After this acti...

Excerpt: ...ining c laims. Plaintiffs may amend their complaint to include a wrongful foreclosure cause of action at a later date should it become necessary. WFB shall answer the FAC no later than April 29, 2024. The Complaint This case arises out of the claim of plaintiffs Steven V. Schnier and Ana Maria D. Schnier that defendant Wells Fargo Bank, N.A. (WFB) moved forward with foreclosing on plaintiffs' residence despite their application for a loan modifi...

Excerpt: ...t moved to intervene in t he action as of the date of the hearing or within seven days of the date of the hearing, the Court will appoint a guardian ad litem for Plaintiff under Code of Civil Procedure sections 372 and 373(c) as set forth below. Background In the SAC, Plaintiff Chl oe Lauren Zebrach alleges a single cause of action for negligence against Monte Nido, a residential care facility. (SAC ¶ 2.) Plaintiff was diagnosed with bi -polar d...

Excerpt: ... 2023 she, as tenant, entered into a written agreement with defendant Starwood Enterprises, LLC (Starwood), as landlord, to rent the premises located at 1907 Hoffman Boulevard in Richmond. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMEN T 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 (Complaint, ¶ 9.) Plaintiff alleges the premises suffers from substantial habitability defects, including “rodents/ins...