Excerpt: ...ung, filed suit as a qui tam plaintiff, alleging violations of the California False Claims Act (also "CFCA") and violations of the unfair Competition Law. After an initial demurrer was sustained, she filed the FAC, abandoning the LICL claim and only alleging false claims. On behalf of the City of Walnut Creek and the State of California (collectively, "Government Plaintiffs"), plaintiff alleges defendants "knowingly concealed and decreased their ...

Excerpt: ...ngs. For his breach of contract cause of action he asserts that he made an agreement with AmaWaterways on April 8, 2022, and a copy of the agreement is attached as Exhibit A to the complaint. Exhibit A is a guest invoice, and one page of an apparent several page contract. AmaWaterways asserts that Mr. Orvis is a retired attorney. AmaWaterways contends that the full contract includes a mandatory forum provision, stating that Basel, Switzerland was...

Excerpt: ... right to appear at the scheduled hearing on the motion, make oral argument, and present evidence. (Code Civ. Proc. S 391.2; Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 225.) For the reasons set forth, the Court's tentative ruling is as follows: (1) the motion is granted in part insofar as it seeks (a) an order designating Plaintiff Malaya Taylor Keys a vexatous litigant under Code of Civil Procedure section 391(b)(1), and (b) a prefiling order pro...

Excerpt: ...end the judgment to add Matrai's former spouse, Michele Uriarte, as an alter ego judgment debtor under CCP section 187.1. Brar contends that Uriarte is in possession of funds belonging Goodwood Properties which could be used to satisfy the judgment. Plaintiff applied for an order of third- 18 party examination of Uriarte to answer concerning property of the judgment debtors in her possession or control but was unable to serve Uriarte with the ord...

Excerpt: ...ended interlocutory judgment for partition, regarding a single-family residence. At the time of the interlocutory judgment, the owners of the fee simple interest in the property were Plaintiff 50% and Defendant 50%. Subsequent to the interlocutory order, Defendant Mattie B. Edwards passed away. Thereafter, Odette Crawford moved to substitute the Estate of the Decedent in place of Deceased Defendant pursuant to CCP S 377.32. The Court granted the ...

Excerpt: ...t all times relevant" she was an employee of Lyft, Inc. and "a beneficiary under an insurance policy" purchased by Lyftfrom Allstate. (Compl. '12.) She alleges an actual controversy has arisen under the insurance policy as to the rights of Plaintiff and Allstate in that she contends she is entitled to benefits under Lyft's policy based on an accident that occurred on November 7, 2021 on the 1-80 freeway. (Comp'. 3.) Standards Governing Demurrer I...

Excerpt: ...The complaint was personally served on defendant Lisa Johnson on September25, 2023. On October 23, 2023, Johnson brought the current motion. Johnson argues the action is a SLAPP, in other words a strategic lawsuit against public participation—a suit arising from defendant's acts in furtherance of her right of petition or free speech. Johnson supports the motion with her own declaration. Johnson states plaintiff is her ex-husband and father of h...

Excerpt: ...0865, which was consolidated with the present matter for all purposes on September 18, 2023. The Oliva Complaint was filed on April 21, 2022, and alleges three causes of achon against Defendants: (1) general negligence, (2) premises liability, and (3) res ipsa loquitor. Defendant moves for judgment on the pleadings as to the entire complaint, contending that each of the causes of action are barred by the applicable statute of limitations. Defenda...

Excerpt: ...ins and Petitioner Collins (collectively, "Petitioners)'s writ of mandate requesting that Respondents vacate the August 20, 2021 coroner decision ruling Angelo Quinto's death an "accident" and amend the record to rule his death a "homicide." Respondents demur to Petitioners' writ pursuant to CCP SS 430.10(e) 430.50(a) on the grounds that Petitioners lack standing to sue pursuant to CCP S 1086, that issuance of a writ will not grant any effectual ...

Excerpt: ...en Accounts; and (4) Common Counts — For Work and Labor Furnished. Defendants' demurrer to the whole complaint on the ground that it fails to state facts sufficient to constitute a cause of acton (Cal. Code Civ. Proc. S 430.10(e). They also demurrer to the second cause of action separately claiming that the failure to record and serve a Notice of Pendency of Action (Lis Pendens) as required by Civil Code S 8461 renders the recorded Mechanic's L...

Excerpt: ...ound and Mohon Plaintiffs, Sabrine Finau and her husband Soli Finau, filed their complaint on February 18, 2021. They allege that on February 23, 2019, 45-year old Sabrine Finau attended a cross fit class on the premises of Grace Bible Fellowship Church of Antioch ("Church"). The cross fit class, parties agree, did not offer what the "CrossFit" brand offers, but rather the term was used to mean "fitness training." Ms. Finau was an invited guest o...

Excerpt: ... Fernandes and Andrew Fernandes), to add a cause of action for aiding and abetting breach of fiduciary duty and an equitable claim for imposition of constructive trust against Cross-Defendant Viramontes, and to remove copyright claims that must be brought in federal court. Cross-Defendants oppose the motion on several grounds. For the following reasons, the motion is granted. Analysis Code of Civil Procedure S 473(a)(1) provdes the Court discreti...

Excerpt: ...n April 21, 2023. As such, any response was due on or before May 22, 2023. On May 15, 2023, Defendant filed a motion to extend time to respond to the Complaint. The Court granted this request, holding the Defendant "may have until August 24, 2023, to answer in this SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/08/2023 matter." The Court also made clear that "No f...

Excerpt: ...by Plaintiff Praveen Gupta. For the follow-ng reasons, the Mohon is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 12/07/2023 26 Legal standard lis pendens is recorded by someone asserting a real property claim, to give notice that a lawsuit has been filed which may, if that person prevails, affect title to or possession of the real property described in the no...

Excerpt: ...in addition to whatever other costs it may be entitled to. Background and Substance of the Case Plaintiff filed this lawsuit against two residents to compel them to correct a number of what plaintiff said were violations of the HOA rules concerning defendants' unit and common areas. To make a long story short, after some litigation and extensive discussion, plaintiff now acknowledges that defendants have taken all the corrective actions that plai...

Excerpt: ... action. The other, No. C23-01484, is filed as a PAGA-only case, but asserts essentially the same set of violations of the law. In both cases, defendants bring substantially the same motion to compel arbitration, based on an arbitration agreement found in Wynn's employment contract. (See Line 12.) Although the two motons would call for slightly different treatment if they were to be granted, they raise essentially the same issues; the parties' ar...

Excerpt: ... by unspecified forms of cyber harassment and traumatization by agents of the Chinese government on account of plaintiffs' political opposition to the Chinese regime. The events giving rise to this complaint occurred in June 2020. Plaintiff Yue Ma admitted herself to an emergency psychiatric facility in Santa Clara County for trauma allegedly induced by the repressive acts of the Chinese government. She was transferred to John Muir Health Behavio...

Excerpt: ...twice during each calendar month, on days designated in advance by the employer as the regular paydays." Defendant demurs. The demurrer is overruled. Defendant is given 28 days in which to file and serve its answer. Demurrer Standards "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420. A complaint "is sufficient if it alleges ultimate...

Excerpt: ...s shall file their first amended general denial by no later than December 15, 2023. Background This case involves a neighbor dispute over the removal of plants along a fence between Plaintiffs' and Defendants' residences. Plaintiffs Shannon Coccimiglio and Nicholas Coccimiglio ("Coccimiglios") filed a complaint for trespass and other relief against James Watt and Kathryn Watt ("Watts") on May 4, 2022. The Watts filed an answer consisting of a gen...

Excerpt: ...ovenant of Good Faith and Fair Dealing; (5) Breach of Fiduciary Duty; (6) Negligence; (7) Negligent Misrepresentation; (8) False Promise; (9) Rescission of Contract; (10) Violation of Bus. & Prof. Code S 17200 et seq.; (11) Quantum Meruit — For Work, Labor and Services; (12) Quantum Meruit— For Money Due on an Open Book Account; and (13) Account Stated. M&S, Inc. demurrers to each of the nine causes of action alleged against it (all except Co...

Excerpt: ...to CCP section 473(b) are granted. Pipia's motion to quash service of the summons and cross complaint is denied. Cross Defendants shall answer the cross-complaint no later than December 15, 2023. 5 Background This is a debt collection case filed by LVNV Funding, LLC (LVNV) against Defendant Mark T. Walker on March 22, 2023. Walker answered on May 2, 2023, at which time Walker also filed a putative class acton cross-complaint against Mandarich Law...

Excerpt: ...rovide such services. After a dispute arose between the Parties, Curia initiated arbitration related to the dispute. Curia ended up prevailing at the arbitration. Curia then moved to have the Court confirm the arbitration award. The instant motion to seal relates to portions of the motion to confirm, along with statements made in documents related to the underlying arbitration, including in the demand for arbitration and the partial final award. ...

Excerpt: ...21. Factual and Procedural Background In August 2022 following shoulder surgery, plaintiff Nancy Lowenstein was admitted to Legacy Post Acute Care, a skilled nursing facility operated by defendant Sycamore Healthcare Associates (hereinafter "Legacy"). Plaintiff alleges Legacy withheld care and failed to prevent her from developing serious pressure sores while in Legacy's care. One sore, located on plaintiff's heel, reached her bone and Achilles t...

Excerpt: ...lings. On or about December 16, 2018 their mother, Dolores Murray, passed away. Plaintiff, Rosemary, and their brother John were all beneficiaries in a trust created by their mother, to which virtually all her property and assets were transferred upon death. Upon Dolores' death, Rosemary became the successor trustee. One of Dolores' primary assets was a house located in San Francisco, which was transferred into the trust. After Rosemary became tr...

Excerpt: ...pany") to perform construction work on her home. She alleges the work was defective. She asserts in a judicial council form complaint two causes of action for negligence and breach of contract against both the Company and Jeffrey Klaus. Defendant Klaus generally demurs to both causes of acton. Standards Governing Demurrer In ruling on the demurrer, the Court must accept as true all well- pled factual allegations of the complaint, but not legal or...