Excerpt: ...lusive foru m for litigation between them. For the following reasons, the motion is denied. Legal Standard In accordance with California Code of Civil Procedure § 418.10(a)(2), a defendant may serve and file a notice of motion “to stay or dismiss [an] action on the gr ound of inconvenient forum.” Upon such a motion, if in the interest of substantial justice, a court finds that an action should be heard in a forum outside California, the co...

Excerpt: ...e LWDA. E. Background and Settlement Terms Defendant operates major hospital and other medical facilities throughout the County. Plaintiffs were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/02/2024 employed as non- exempt hourly employees of defendant, though their job duties are not specified. Lundsgaard worked at John Muir from 2021 to 2021; Randolph from 2016 t...

Excerpt: ... requested a statement of decision under Code of Civil Procedure § 1291: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment … is made that is appealable under this title [Title 9, Arbitration].” A denial of a motion to compel arbitration is appealable under Code of Civil Procedure § 1294(a). Arguably the request does not comply with the requirement of § 632 that it “...

Excerpt: ...its websit e it is apparently in the business of constructing foundations for swimming pools and similar features. Plaintiff Quiroz worked for defendant as a laborer from 1989 to 2020. Plaintiff Basurto worked as a lead from 2009 to 2022. The original complaint was fi led by plaintiff Quiroz as a PAGA and class -action case on March 14, 2022. It was amended later to include claims for piece rate employees. (The majority of defendants' non - exem...

Excerpt: ...g – and it di d not review or rely upon the original Points and Authorities. Defendant's request for judicial notice is denied because the Court does not need judicial notice for documents in this docket file. Factual Background This matter concerns injuries allegedly sustained by Plaintiff Juana Thomas as a result of the “new” fare gates installed at the Richmond BART station in 2019. BART Fare Gates In 2018, the District began investigat...

Excerpt: ...nsferred to Santa Clara County. Any costs associated with the transfer are to be shared equally between the plaintiff and the defendants. Statement of Facts This action involves a dispute related to Defendants' work on the Vasona Creek Trail in Saratoga, Santa Clara County, California. Plaintiff Storesund Construction, INC. emailed Defendants on or about May 27, 2022, to discuss performing some paving and concrete flatwork on the Vasona Creek Tr...

Excerpt: ...December 11 , 2021. (¶ 13-16.) Mr. Castillo and his son, Diego, were taking the certification course through Defendant Anchor Shack Dive and Travel LLC (“Anchor Shack). Moving Defendant John Froehlich was the Director of Training for Anchor Shack and one of the instru ctors during the dive at issue. (¶ 7.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 Pri...

Excerpt: ...e on December 1 1, 2021, which resulted in his death. (¶ 14- 17.) This matter is brought by two of his surviving children. It is worth noting that there is another lawsuit brought against these same Defendants on behalf of his son Diego (Case No. C23 -03089). The SUPERIOR C OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 operative facts of the two Complaints are nearly i...

Excerpt: ...ff opposes bo th motions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 For the reasons set forth below, both motions to compel are denied. Background During the late evening h ours of October 1, 2019, the plaintiff, Melanie Knight, was crossing Kirker Pass Road in Concord in an unlit area, not in a crosswalk, and she was carrying bags of groceries. At the sam...

Excerpt: ...ate Sta tement of Undisputed Material Facts, hereinafter “SSUMF,” Fact Nos. 1 and 3, and plaintiff's responses.) The City contends the location of the injury is a public trail while plaintiff purports to dispute this fact. (Ibid.) On June 10, 2021, plaintiff file d her complaint against the City. The complaint alleges causes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING D...

Excerpt: ...edural Backgr ound SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 This case involves personal injury claims by Plaintiff Carl Prewitt related to his work as an automotive mechanic an d service station operator at the Eastwood Texaco in Birmingham, Alabama from 19752003. During that time, Mr. Prewitt was exposed to benzene and benzene - containing substances whi...

Excerpt: ...years old at t he time, was admitted to John Muir Medical Center where defendants “negligently and carelessly” provided care for Katrina, causing her death. (FAC, ¶¶10, 19.) Though Katrina died on March 10, 2016, plaintiff alleges that she was not aware of the negligence until December 2022, when The San Francisco Chronicle contacted her to request interviews regarding her daughter's treatment and procedures performed by defendant's staff w...

Excerpt: ...nded compl aint. Background Plaintiff Melisha Matlock filed this habitability action arising from her tenancy at an apartment complex at 3400 Richmond Parkway in Richmond on August 16, 2023. The defendants are GuardianKW Hilltop, LLC (Hilltop), FPI Management, Inc. (FPI), and Yaquelin Reyes (Reyes). Hilltop answered the complaint. FPI filed a demurrer and motion to strike punitive damages allegations. The court sustained FPI's demurrer and gran...

Excerpt: ...n 36(a) pr ovides that if a party is over 70 years old, the party may request a trial preference "which the court shall grant if the court makes both of the following Plaintiff Castillo filed his complaint against defendant Bachman in May 2022, asserting two causes o f action arising out of a motor vehicle accident on November 19, 2019 in which Plaintiff was rearended. Plaintiff alleges he suffered personal injuries resulting from the accide...

Excerpt: ...�) Motion To Compel Plaintiff Vincent Garrett's claims to binding arbitration and stay the stay the state court proceedings pending arbitration. The Motion relates to Plaintiff's Complaint for (1) Violations of the Consumers Legal Remedies Act, Civil Code § 1750; (2) V iolation of the Automobile Sales Finance Act, Civil Code § 2981; (3) Violation of Penal Code § 496; (4) Fraud and Deceit; (5) Negligent Misrepresentation; (6) Violation of the R...

Excerpt: ...Cal.4th 919, 924, fn. 1.) General Allegations of the Complaint The Complaint in this matter alleges causes of action for negligence, premises liability, and wrongful death. On February 12, 2022, Llaneth Chavez and her daughter Malya Goyal visited Malya's father – De fendant Charu Goyal – at his home located at 16 E. Ridge Court in Danville (the “Property”). (¶2 -4.) It is alleged that the Property had a swimming pool. (¶5.) The swimming...

Excerpt: ...the proje ct is inconsistent with the City's Municipal Code and General Plan, that the City violated the Housing Accountability Act (Gov. Code § 65589.5, or “HAA”), and that the City violated the California Environmental Quality Act (Public Resources Code § 21000 et seq., “CEQA”). CAMPAD's Petition for Writ of Mandate and Declaratory Relief is denied. I. Background This consolidated matter involves a proposed development project at a pr...

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: ...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: ...#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: ...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: ...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: ...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: ...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: ...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: .... (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: ...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: ...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: ... 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...

Excerpt: ...ment a nd settlement agreement on the grounds that “the judgment was entered into in the absence of a trial on the merits and as the result of fraud in the inducement, surprise, mistake, inadvertence and excusable neglect and as to the fraudulent acts of Defendan t, including tax evasion, serving to void the transaction based upon the extrinsic fraud of the Defendants.” The Court has carefully reviewed the papers submitted by Plaintiff in sup...

Excerpt: ...e agreed u pon SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 forum. For the reasons set forth, the motion is granted as to Plaintiff's second, third, fourth, and sevent h cause of actions asserted against Defendant Garda, and the sixth cause of action against Defendants Garda and Poppy Bank in the FAC; further, this action shall be stayed pending the outc...

Excerpt: ...injur ed while skating at a skatepark owned by the City on February 5, 2021. Plaintiff was born in 1987 and thus, was over 12 years old when the accident occurred. (Roark depo. 6:17 -18.) The City is a public entity and owns and maintains the skatepark. (Helfenbe rger ¶2.) The skatepark has a bowl structure for people to skate. (Helfenberger ¶3.) In the center of the lowest part of the bowl is a drain. (Helfenberger ¶3.) According to the City'...

Excerpt: ...ENT 18 JUDICI AL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 their first amended complaint is granted but the Court does not "deem" the first amended complaint filed. Rather, Plaintiffs shall file their First Amended Complaint with the Court and serve the amended pleading on Defendant's counsel by April 22, 2024 Background This case involves a dispute between parents and their daughter/step - daughter over the parties'...

Excerpt: ...does, review document s in its own file without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the “Property”). The Sellers of the Property purchased the Property and performed improvements thereon, which were completed by March 2018. (¶ 16.) On or about March 7, 2018, Plaintiffs p...

Excerpt: ...parties have made , given that there have been both multiple “settlement agreements” entered into since the original one, and multiple recitations to the Court of unresolved issues requiring further negotiation and agreement. The motion before the Court purports to say that the settlement to be enforced is the one that was “agreed to at the Mediation conducted in this matter on October 15, 1998 in front of Mediator Hon. Mark Eaton”. That ...

Excerpt: ...ote") secured by a deed of trust on Plaintiffs' single - family residence located at 1452 Club View Drive in El Cerrito. (First Amended Complaint (with errata) ("FAC") ¶¶ 1, 4, 12 -15; P. Pan Decl. Exh. C [deed of trust].) Defendants Peter Pan and Jenny Pan (the "Pans" fo r convenience) are the lenders under the Note. On March 22, 2022, the Pans issued a Notice Pursuant to California Civil Code § 2966 ("Section 2966...

Excerpt: ...or concer ts and similar events. Plaintiffs state that they were employed in non -exempt positions, though their job descriptions and employment dates are not provided. Plaintiff King filed her original complaint as a PAGA case on March 7,2023. She filed a parallel c lass action on May 15, 2023. The class action was amended in December to combine the two cases and to add plaintiff Hill. The settlement would create a gross settlement fund of $80...