Excerpt: ...ellation of the trustee's and foreclosure sale and (3) fraud and deceit and/or negligent misrepresentation pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. (The second cause of action for wrongful foreclosure is not alleged against Defendant Project Lift Up.) For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complai...

Excerpt: ... pleadings (“MJOP”). The MJOP relates to Plaintiff Vahid Haghiri (“Plaintiff” or “Haghiri”)'s Complaint for (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Promissory Estoppel; (3) Negligent Misrepresentation; (4) Wrongful Foreclosure; (5) Cancellation of Instruments; and (6) Declaratory Relief. As a threshold issue, the Court declines to disregard Plaintiff's late‐filed opposition. Defendants were able to file and serve ...

Excerpt: ...”). BAP and PSP are completing businesses that sell fuel. BAP hired Nguyen as a sales representative to service its customers throughout the Bay Area. (See Declaration of BAP principal Tim Gately [“Gately Decl.”], par. 2.) Nguyen was provided with a work laptop and a cell phone and had password‐protected access to files and databases where BAP stored confidential and proprietary information, including the “identity of plaintiff's custom...

Excerpt: ...on, and shall submit that proposed judgment to defendant's counsel for approval as to form. Plaintiff's request for judicial notice is granted. The trial and issue conference dates are vacated. The basis for this ruling is as follows. A. Background. Plaintiff Allevity, Inc. seeks summary judgment on its claim that defendant Brickyard Landing Owner's Association, Inc. breached its contract by failing to indemnify Allevity for the costs of defendin...

Excerpt: ...ultiple defects in violation of express and implied warranties covering the car and that despite efforts to have the vehicle repaired at authorized Nissan repair facilities, the vehicle is still defective. (Def. RJN Exh. 1 [Compl. ¶¶ 7‐16].) Plaintiff's complaint alleges seven causes of action, including various violations of the Song‐Beverly Consumer Warranty Act, Civil Code section 1790 et seq. ("Song‐Beverly Act" for convenience) (1st�...

Excerpt: ...OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/08/2022 Page 3 of 16 Standard Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature...

Excerpt: ...9, 2018. She alleges defendant Charlie Paul Ramos rear‐ended her vehicle when she had slowed before making a right turn from northbound L Street onto Sycamore in Antioch. (Compl. p. 5.) Ramos filed an answer to the Complaint on September 2, 2021, alleging as his seventh affirmative defense that Plaintiff's claim is barred by the doctrine of accord and satisfaction. Plaintiff is represented by the Joseph Farzam Law Firm, and was formerly represe...

Excerpt: ...sons, the MJOP is granted, with leave to amend. Request for Judicial Notice Plaintiff's unopposed Request for Judicial Notice is granted. (Evid. Code §§ 452, 453.) Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with ma...

Excerpt: ...mber 19, 2020, raising claims under PAGA and 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, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class represen...

Excerpt: ...round and Settlement Terms The original complaint was filed October 16, 2019, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid wages due to rounding and off‐the‐clock work, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $390,000. The class represent...

Excerpt: ...cember 2020, Dr. White alleges causes of action for negligence and premises liability. The Court has before it a motion for summary judgment (“MSJ”) brought by defendant John Muir Health (“John Muir”). The MSJ makes a single argument: that even assuming the facts are as alleged by Dr. White, John Muir did not owe Dr. White a duty to prevent the particular injuries suffered here, and as a result, summary judgment is warranted. Dr. White op...

Excerpt: ... to the fourth cause of action for breach of fiduciary duty ‐ moot based on the Court's concurrent ruling granting Placer's motion to strike the fourth cause of action. Plaintiff shall file any amended complaint by December 27, 2022. If Plaintiff seeks to allege a cause of action for breach of fiduciary duty or other new causes of action, Plaintiff shall seek leave to file an amended complaint. (See, e.g., Cal.R.Ct. 3.1324; Zakk v. Diesel (2019...

Excerpt: ...ed a tentative ruling on the October 31, 2022 hearing, requesting supplemental briefing and continuing the hearing to this date. In the supplemental briefing, Kaiser informed the Court it would dismiss defendant KH from the action without prejudice. The dismissal of KH having been entered, the Court addresses only the demurrer by defendant PH in this ruling. For the reasons set forth, the demurrer is overruled. Defendant PH shall file her answer ...

Excerpt: ...uninhabitable due to the structure being located on the top of a landslide. (FAC ¶9.) Plaintiff hired several different engineers that prepared reports on the property, but Defendant refused to remove the red tag. (FAC ¶¶11‐15.) The final report was provided to Defendant on December 13, 2019, but Defendant still refused to remove the red tag and issue a building permit. (FAC ¶15.) Plaintiff submitted a government claim on February 5, 2020, ...

Excerpt: ...dy injury resulting from physical assault by Defendant Peter Hilliard, an employee On Air, LLC. Hilliard was working near Plaintiff's home in Walnut Creek when the incident occurred on September 14, 2020. Plaintiff alleges the incident during the course and supervisory scope of Peter Hilliard's employment or contract with Defendants Verizon California, Inc., and GTE Corporation. Motion Plaintiff alleges a sole cause of action for general negligen...

Excerpt: ... Second Amended Complaint (“SAC”) for (1) breach of written contract; (2) accounting; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) fraud; and (9) recovery of contractor's bond. Defendant demurs generally to the SAC's allegations regarding Alter Ego Liability. Defendant further demurs to the causes of action for (6) intentional misrep...

Excerpt: ...int by December 19, 2022. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) As...

Excerpt: ...l Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Property was sold to David Robb. Defendant Ronald Knarr purchased the Property in 20...

Excerpt: ...of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $1,520,000. The class representative payment to plaintiffs would be $5,000 each. Counsel's attorney's fees would be $532,000 (35%). Litigation costs would not exceed $55,000. The settlement administrato...

Excerpt: ...PARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/01/2022 purportedly sets forth three causes of action, namely: (1) Breach of Written Contract; (2) Common Counts; and (3) Declaratory Relief. Cross‐ Defendant demurs to the FACC in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendant also demurs to each of the above causes of action individually on the basis th...

Excerpt: ...y the issues raised by the Court previously will be discussed. Responses to the Court's Inquiries: 1. “There is no estimate of the number of aggrieved employees involved.” The parties advise that there are eleven aggrieved employees. 2. “There is no assessment of the strengths and weaknesses of the case.” Counsel for plaintiff has provided a somewhat general, but sufficient evaluation of the case. 3. “There is no provision for follow up...

Excerpt: ...lement was filed. Plaintiff has now filed a motion for attorneys' fees and costs. The motion seeks an award of $40,570.60, which includes $25,508.00 in attorneys' fees, $2,634.80 in costs, a $8,927.80 lodestar multiplier, and an additional $3,500 for this motion. Defendant asks the court to deny the motion entirely, or, in the alternative, to award a reduced amount. For the following reasons, the Court denies Plaintiff's motion for attorneys' fee...

Excerpt: ...fy an award of fees for services rendered to her 1 The court very nearly denied this Motion in its entirety. As stated above, the court was under the apparently mistaken understanding that no fee declarations had been filed in support of the Motion at all, as stated in the court's tentative ruling that became the order of the court on October 27, 2022. Evidently, the fee Declaration of Carolyn Cain was filed on August 30, 2022, nine days before t...

Excerpt: ...40 rendered under California law. Prob. Code §§ 15681, 16423, 16247. In a proceeding to determine an award of fees, the court always has discretion in the exercise of its supervisory role over the administration of trusts to determine the reasonableness of fee requests. Donahue v. Donahue (2010) 182 Cal. App. 4th 259, 268‐270. II. TRUSTEE'S FEES Debra requests an order authorizing her to pay herself $13,250.00, for trustee's fees for the peri...

Excerpt: ...nt at ¶ 2.) A. Litigation Background This particular case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021, by Plaintiff Ricardo Villalobos. (Byrd Decl. at ¶ 7.) On August 9, 2021, Plaintiff Villalobos filed a First Amended Class Action Complaint...

Excerpt: ... the Holders of WaMu Mortgage Passthrough Certificates, Series 2600‐AR14 (“Cross‐Defendant” or “U.S. Bank”)'s motion for judgment on the pleadings (“MJOP”). The MJOP relates to Cross‐Complainant Simone Braxton (“Cross‐Complainant” or “Braxton”)'s Cross‐ Complaint for (I) declaratory relief and cancellation of instruments, (II) prohibitive injunction, (III) mandatory injunction, (V) disgorgement, (alternative count VI...

Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...

Excerpt: ...791 is granted. For the reasons set forth below, Defendant's Motion is denied. The matter is stayed pending resolution of the criminal matter currently pending in Alameda County Superior Court – Case No. 21‐ CR‐005791. Factual Summary This matter involves a personal injury action wherein Plaintiff Andrew Altamirano (“Plaintiff”) alleges that Defendant Dominic Garibaldi (“Defendant”) physically assaulted him resulting in injury to Pl...

Excerpt: ...ch owns an undivided 50% interest as tenant‐in‐common in a residential property located at 1670 San Luis Road in Walnut Creek. Defendant Oscar Hernandez is the owner of the remaining undivided 50% interest in the property. Plaintiff is Danelia Hernandez's daughter. Danelia and Oscar Hernandez, an unmarried couple, purchased the subject property in 1992, and held title as tenants in common. Danelia Hernandez transferred her 50% interest in the...

Excerpt: ...ction, and as to Thomas Atherstone, defendant named only in the fifth cause of action, is granted. To the extent that Pawnee's pending motion also seeks entry of a default judgment against defendant Granite, that portion of the motion is denied, without prejudice to Plaintiff re‐filing the motion as a separate motion for relief which will be heard on January 11, 2023 pursuant to the Court's prior order setting the default prove‐up hearing. Pl...

Excerpt: ...elow, is granted, and Plaintiffs' individual PAGA claims are ordered to arbitration. The motion to stay action pending the decision on the motion is denied as moot. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through May 15, 2022. The case management conferen...

Excerpt: ...21.5(b), i.e., whether “the necessity and financial burden of private SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/01/2022 30 enforcement…are such as to make the award appropriate[.]” To meet this test, a party must show that “the cost of the claimant's legal victory transcends his [or her] personal interest, that is, when the necessity for pursuing the lawsu...

Excerpt: ... (Code Civ. Proc., § 473, subd. (b).) The failure to make such a showing is fatal to a motion for relief: Section 473 ("The court may, upon such terms as may be just, relieve a party . . . from a judgment . . . taken against him . . . through his . . . mistake, inadvertence, surprise, or excusable neglect."), by its own terms, both grants and circumscribes trial court discretion. Thus, if a party shows that a judgment has been taken against him ...

Excerpt: ...oFi Lending Corp., as Attorney‐in‐Fact for Regions Bank, filed this action asserting a single cause of action for breach of contract against Defendant Pirthipal Dhillon arising from the alleged breach of a personal loan agreement. Plaintiff alleges that Dhillon breached the agreement by failing to make certain payments and $39,916.20 remains due and owing. In her November 12, 2020 answer, Dhillon checked the box stating she admits the allegat...

Excerpt: ...et forth, the motion is denied, without prejudice. If Plaintiffs elect to re‐file their motion for leave to file the 2AC, Plaintiffs shall include with the moving papers the proposed 2AC as well as a complete, redlined copy of the 2AC marked to show all deletions and additions made in the 2AC from the FAC. If Plaintiffs do not intend to make a claim for attorneys' fees against Yudien (see Plaintiffs' Reply, p. 2, fn. 1), then the proposed 2AC s...

Excerpt: ...enue in Brentwood. 3330 Concord is located behind 3320 Concord, and it is landlocked. Historically, the sole means of accessing 3330 Concord has been the use of the driveway that crosses over 3320 Concord. In 2021, after litigation with Rachelle Chacon (Plaintiff's predecessor‐in‐title to 3330 Concord Avenue), Defendant granted an express easement that runs with the title to both properties. However, Plaintiff alleges that beginning in early ...

Excerpt: ...e‐posts the text of the tentative ruling, reflected in the October 3, 2022 minutes issued on the hearing. Before the Court is a petition to compel arbitration filed by defendant SFS 39, Inc. For the reasons set forth, the petition to compel arbitration is granted in part as to Plaintiff's individual PAGA claims which are ordered to arbitration as well as stayed pending arbitration, and denied to the extent the motion seeks dismissal of the repr...

Excerpt: ...”). For the following reasons, Defendant's Motion to Compel Arbitration, Dismiss Plaintiffs' Class Claims, and Stay Action is granted. Plaintiffs class claims are dismissed. This matter is stayed as to the individual causes of action pending resolution of the Parties arbitration of those claims. Factual Background Plaintiff Brett Roche was hired by Defendant as a Tow Service Driver in February 2020. He worked for Defendant until March 2021. Pla...

Excerpt: ... dismiss representative PAGA claims alleged in the Complaint is denied without prejudice. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 15, 2023. The case management conference presently set November 30, 2022 is vacated, and a new case management conference is set for 8:30 a.m. on April 28, 2023. The parties shall include with their case management conference statements a report on th...

Excerpt: ...aims on behalf of nonexempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, failure to provide meal and rest breaks, failure to provide proper wage statements, failure to reimburse necessary business expenses, and failure to pay all wages due on separation. The complaint included PAGA claims, based on notices previously provided to the LWDA. A First Amended Complaint...

Excerpt: ...cedural Background This is a putative class action arising out of a data breach. (Complaint at ¶ 2.) Proposed Intervenor is a putative class member in this action. (Id. at ¶¶ 88, 89.) This case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021 by...

Excerpt: ...nses. (An order after hearing was entered on August 17, 2022.) On August 7, 2022, plaintiff served supplemental responses, which ARAG asserts were still deficient. Further meeting and conferring resulted in further supplemental responses, which ARAG asserts still remain deficient. Evidentiary sanctions are appropriate where previous attempts at gaining compliance through orders to supplement have been ineffective, and the court must make such ord...

Excerpt: ... in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendant's motion is granted. Defendant shall prepare a proposed judgment of dismissal3 separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. Preliminary Matters. Defendant's request for judicial notice is granted. The Court's grant of summary judgment shall not prejudice any right plaintiff may have...

Excerpt: ...cussed below, the demurrer is overruled. The motion to strike is granted as to the new causes of action (2, 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 17 and 18), and otherwise denied, as discussed below. This order is without leave to amend, but without prejudice to plaintiff making the appropriate motion seeking leave to amend. Defendants One Gro, Daniel Isaacson, Peter Perisin and Placido Martinez, Jr. shall file and serve their answers on or before N...

Excerpt: ...OVERRULED in part and SUSTAINED in part, with 15 days' leave to amend. Background Plaintiffs Piedmont Capital Management, LLC and Dennis Lanni (collectively, “Piedmont”) brought this breach of contract action against defendants Terry Stephens and Kimberly Stephens (collectively, “Stephens”) to collect a debt arising from a home equity line of credit originally issued by National City Bank. Stephens answered, generally denying that any deb...

Excerpt: ...ia 94509, Assessor's Parcel Number 066‐136‐004. Plaintiff, an unmarried man holds the property as a joint tenant and co‐owner with Defendant Renae Chackel. Chackel holds title to an undivided, one‐ half fifty percent interest in the subject property. Plaintiff and Defendant have negotiated several agreements for buyout, but Defendant has yet to execute a quitclaim. Plaintiff filed this action for declaratory relief, quiet title, partition...

Excerpt: ...me" page. Shanti Elixirs is a limited liability company organized under North Carolina law and does business in Weaverville, North Carolina. (Compl. ¶ 3.) Defendant Volpe is the owner and founder of Shani Elixirs and resides in North Carolina. (Compl. ¶ 2.) Plaintiff cites two "Gofundme" pages attached as Exhibits 1 and 2 to the Complaint as the basis for his defamation suit, one of which invited support for Defendants "as we navigate the legal...

Excerpt: ...quires the Defendant to either: (a) "generally den[y] each element of the complaint..." or (b) "admit all the statements of the complaint... are true except" those specifically denied. (Answer at p.1, ¶ 3.) Steben checked Box B, stating that she admits the allegations. However, Staben also checked Box 5, stating “In denying the allegations of the Complaint above, defendants denies not only the specific numbers and amounts alleged by plaintiff,...

Excerpt: ...R COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/14/2022 and Fernando Guerrero in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code and other relief arising out of her employment by Reliant which does business as Cactus Café. Kim and Guerrero are the CEO and CFO, respectively, of Rel...

Excerpt: ...ual Background Plaintiff Anthony Astone (“Plaintiff”) entered into a purchase and sale agreement (“Agreement”) for real property located in Cabo San Lucas, Mexico (“Property”). The Agreement stated that “Global Mortgage [a/k/k MoXi] – [i.e. Defendant Global Mortgage Group, LLC d/b/a/ MoXi] – will handle the closing” of the transaction. Plaintiff provided a deposit of $35,350. Plaintiff applied, and was approved, for a loan thr...

Excerpt: ...tions in the Complaint The parties reside in the same general neighborhood in Danville, California and live less than one half mile from each other. Defendant owns a large Bernese Mountain dog named “Vera,” that weighs in excess of 100 pounds. Vera is very excitable, and Defendant has difficulty controlling her. Defendant often allows Vera to run around the neighborhood without a leash and uncontrolled. She will often run up to people and jum...

Excerpt: ...the Application is denied. The temporary restraining order is rescinded. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Prope...

Excerpt: ...rsuant to the Arbitration Agreement. Plaintiff's representative PAGA claims are not dismissed but stayed pending arbitration. However, if the California Supreme Court issues a ruling in the interim, Defendant may revisit the ruling on the stay. (Review granted in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860,) Background Plaintiff Laurie Johnson is a former employee of Defendant AmSpec, LLC, a New Jersey limited liability comp...

Excerpt: ...rden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the Tech‐Bilt] factors as to be inconsistent with the equitable objectives of the stat...

Excerpt: ...ure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $25,000. This is composed of attorney's fees of $8,333. (onethird of the recovery), and a PAGA penalty of $16,667, of which $12,500.25 will be forwarded to the LWDA and $4,166.75, to be distributed to the aggrieved employees. Plaintiff also entered into a separate settlement of his individual claims, which is confidential. Counsel's motion ...

Excerpt: ...ve class consists of employees who directly provide those services. For the Court's October 20, 2022, calendar, the Court issued a tentative ruling identifying certain issues as to which it requested supplemental briefing. Plaintiff has now provided that information. A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated t...

Excerpt: ... process (FEHA), (4) failure to prevent discrimination (FEHA), (5) retaliation (FEHA), (6) retaliation (Labor Code section 233), (7) discrimination and retaliation (CFRA) and (8) wrongful termination in violation of public policy. Defendant's motion seeks summary judgment or alternatively summary adjudication as to each cause of action and as to punitive damages. Facts Plaintiff worked for Defendant Allied from 2007 to December 2019. (Garcia dec....

Excerpt: ...ject to “trail immunity” for which Martinez cannot be liable as a matter of law, that Martinez did not have notice of a dangerous condition, and that Martinez has no liability for any claim that it failed to provide adequate trail lighting. For the following reasons, the MSJ is granted. Evidentiary Objections None. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for decidin...

Excerpt: ...rnative, summary adjudication on plaintiffs' complaint against them. The summary judgment motion is denied. The motion for summary adjudication is granted on issues 1, 4, 7, and 9 (1st, 3rd, 4th, 5th, and 7th C/A), and otherwise denied, as discussed below. Plaintiffs also move for summary adjudication on their first through sixth, and eighth causes of action asserted against defendant. Their motion is denied in its entirety, as discussed below. I...

Excerpt: ...allege to have entered into an oral agreement with Mr. Davis (deceased) in or about 1998, whereby Plaintiffs would provide full‐time caregiving and construction services to Mr. Davis's family and the family home would be left to Plaintiff upon the Davises' deaths. The Davises placed the property into the James Wilbur Davis SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: CECILIA CASTELLANOS HEARING ...

Excerpt: ...located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin in early 2019. Defendants/Cross‐Defendants Camille Ahern, a licensed realtor, and her broker, Pacific Union International, Inc. (“PUI”), dba Compass, listed the property. Ahern also represented the buyers. On January 18, 2019, Plaintiffs hired Cross‐Defendant Specialty Home Inspections, Inc. to conduct a non‐ invasive visual inspection of the property and ...

Excerpt: ...bring this breach of contract action. In early 2017, Senior Living was approached by Defendant Nuance Energy Group with a proposal to install solar power systems for Plaintiffs' four buildings. Defendant Brian Boguess is the Principal and Owner of Nuance. Plaintiffs entered into the Agriculture & Commercial Installation and Limited Warranty Agreements with Nuance on September 22, 2017. The Agreements called for four milestone payments. Although P...

Excerpt: ...1 and 12 – denied in part as moot, as set forth in the ruling, and otherwise addressed in the ruling below; (c) Motion to Strike No. 3 – denied. The Court notes that the motion does not contain a Motion to Strike No. 10. Background The factual background alleged in the2AC is set forth in detail in the Court's concurrent ruling on Defendant's demurrer to the 2AC. Legal Standards Governing Motion to Strike Generally The Court may strike allegat...

Excerpt: ...nd 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, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 11/03/2022 11 unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, wa...

Excerpt: ...ants demur to the Cross‐Complaint in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendants also demur to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e).) For the following reasons, Cross‐Defendants' demur is sustained. Cross‐Complainants are granted leave to amend. Fa...

Excerpt: ... the level of malice, oppression or fraud. Plaintiffs claim of right to recover punitive damages against Defendants Lafayette Oaks Associates, LP, Sack Properties LLC is denied as Plaintiffs have not properly alleged a claim for punitive SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/02/2022 Page 2 of 11 damages against the entity defendants in accordance with Civil Co...

Excerpt: ...' cross‐complaint (Milway and Hansen, together “Milway”) must be given time to challenge that cross‐ complaint. In order to expedite any challenges to this cross‐complaint, the parties are ordered to meet and confer regarding any challenges to the pleadings prior to the filing of the cross‐complaint. The parties shall conduct a meet and confer pursuant to Code of Civil Procedure section 430.41 and/or 435.5 no later than November 18, 2...

Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...

Excerpt: ...as employed by Defendant Kinder's as a Shift Lead at the time. Plaintiffs contend that Derksen was in the course and scope of her employment for Kinder's when the accident occurred because post‐shift drinking and marijuana use was a customary incident of Derksen's employment. During the course of her work, Derksen had become friendly with Kimberly Byrne, Kinder's Assistant General Manager and one of Byrne's direct supervisors. On July 24, 2018,...

Excerpt: ...Paver Stones & Landscape, Inc., hold itself out as an expert licensed landscape contractor. On or about July 15, 2018, Plaintiffs Kevin and Erin Roth, owners of real property located at 9 Meadow Park Court in Orinda entered into a contract with Black Diamond for an extensive backyard landscape project, including retaining walls, excavation, and grading. Plaintiffs alleged that instead of doing the work, Black Diamond "subcontracted" the project o...

Excerpt: ... indemnity, (6) equitable indemnity, (7) declaratory relief, (8) intentional misrepresentation, and (9) negligent misrepresentation. Defendant demurs to all Plaintiff's causes of action for pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests the Court take judicial notice of several documents from the Superior Court of...

Excerpt: ...ly utilized by cyclists,” Grant Gibbons, his sister, and a friend, went on an “out‐and‐back” ride on the Delta de Anza Trail. While traversing a portion of the trail, Mr. Gibbons' front bicycle tire became perilously lodged in a gap between the concrete slabs on which he was riding. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' momentum was suddenly halted and he was ejected over the handlebar...

Excerpt: ... section 430.41(a) mandates that the defendant filing a demurrer to a complaint meet and confer with the plaintiff by telephone or in person at least five days prior to filing the demurrer to discuss with the plaintiff all the party's objections to the pleading. The demurring party is required to file a declaration regarding the party's compliance with this meet and confer obligation with the demurrer. Defendants failed to file a declaration refl...

Excerpt: ...ment This a PAGA case, alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Johnson filed his complaint October 11, 2019. On November 22, 2021, Johnson amended his complaint to add plaintiff Arreola and a claim for reporting time pay violations. action. Julian Smith filed a PAGA case against defendant in San Francisco ...

Excerpt: ...ound This action arises from a failed business partnership between Plaintiff Rajinder Singh and Defendant Gurpartap Randhawa in a trucking company called Star J. Trucking, Inc. (“Star J”). In his June 20, 2020 complaint, Plaintiff alleges he ran a successful trucking business operating out of the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 10 Port of Oakland. After Defendant Gurpratap ...

Excerpt: ... class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to pay all wages due on separation. The complaint also raised PAGA claims, which had been raised in a notice to the LWDA. The settlement would create a gross settlement fund of $...

Excerpt: ...es, Contra Costa Regional Medical Center, and Stephen D. Weiss., M.D. (collectively, “Respondents”). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 23 For the following reasons, the Petition is denied. Factual Background On June 17, 2021, Dr. Weiss performed exploratory laparotomy and low interior colon resection on Petitioner at the Contra Costa Regional Medical Center. (Lehman Decl. at ...

Excerpt: ...xtent the motion seeks dismissal of the representative PAGA claims alleged in the Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 15, 2023. The case management conference presently set for December 12, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 28, 2023. The parties shall include with their case management conference statements ...

Excerpt: ...eparate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), initially set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, raising class action claims on behalf of “all former and prospective applicants f...

Excerpt: ...t leave to amend. Demurrer to the Fifth Cause of Action (Violations of Unfair Competition Law) is overruled. Background Plaintiffs Yesenia Chavez and her family, along with six other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlordtenant habitability case. On February 24, 2017, Plaintiffs filed suit against SEKK Investments Diane LLC, current owners of the subject ...

Excerpt: ...ules on the demurrer as follows: Defendant demurs to the sole cause of action for quiet title pursuant to the Code of Civil Procedure section 430.10(e) on the grounds that the First Cause of Action does not state facts sufficient to constitute a cause of action. Defendant asserts that the first cause of action for quiet title fails as a matter of law because the deed of trust (“DOT”) does not convey possession. This is correct. A mortgage or ...

Excerpt: ...nanda Alves and Gabriella DePaula Alves. Respondent's vehicle was rear‐ended and completely totaled. Gabriella DePaula Alves suffered a severe concussion for which she was treated for over a year by a neurologist. Claimant DePaula filed an uninsured motorist claim with her insurer, CSAA Insurance Exchange. Petitioner asserts that Gabriella DePaula Alves' claim was settled on June 30, 2022, for $50,000. Respondent disputes that the claim was set...

Excerpt: ...lic General Insurance Seeking Declaratory Relief That Ohio Security Insurance Company Had a Duty to Defend S.C. Anderson, Inc. on the Cross‐Complaint in S.C. Anderson v. El Capitan Holtel Merced LLC, Case 20CV‐ 01290 is GRANTED. Allegations that a contractor provided defective work do not qualify as property damage and in any case would come within the Impaired Property Exclusion. (Reg'l Steel Corp v. Liberty Surplus Insurance Copr. (2014) 22...

Excerpt: ...ly upon essentially the same facts, the Motions will be addressed together. For the following reasons, the Plaintiff's Motion is denied. Defendant EBMUD's motion for summary judgment is granted. Factual Background As the time of the sale at issue, Plaintiffs Kris Leamy (“KL”) and Robin Leamy (“RL”) (collectively “Plaintiffs”) owned property located at 4123 Happy Valley Road in Lafayette, California (the “Property”). (Plaintiffs' A...

Excerpt: ...ly Act‐Breach of Implied Warranty, Plaintiff's Third Cause of Action for Violation of the SongThe following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), fail...

Excerpt: ...tition Law (“UCL”), as stated in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendants' motion is granted without leave to amend. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. The First Cause of Action. The First Cause of Action is for an alleged HBOR violation: recording a noti...

Excerpt: ...Background The facts as alleged in the current 4AC have previously been recounted in the Court's ruling on DoorDash's demurrer and need not be repeated. In relevant part, the 4AC alleges that defendant Khawaja was a resident of the City of Vacaville, though her current whereabouts are unknown (4AC, ¶2), that Khawaja was “assigned work” by DoorDash despite her lack of fitness for such work (4AC, ¶33), and that Khawaja “regularly violates�...

Excerpt: ... Stimming. The Board is investigating the care of AV, a pregnant woman, whose baby died three days after birth, due to a congenital heart defect. The investigation was based on a complaint by a treating pediatric critical care specialist, Dr. Daniel Falco. Having been properly served, Respondent has not complied with the subpoena. The authority of the Board to issue investigative subpoenas in aid of its authority to enforce its enforcement duties...

Excerpt: ...��8.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/24/2022 3 The easement is known as “S‐3 Access Condition” and includes the following language: “private right‐of‐way easement shall be left open for pedestrian access between Happy Valley Road and Glen Road”. (TAC ¶7.) The easement route is sometimes called “the Dips” and members of the public “regularly and continuously” use...

Excerpt: ..., 8, 14, 15, 16, 18, 19, and 22. It is denied as to defenses 1, 3, 6, 9, 10, 11, 12, 13, 17, 20, 21, 23 and 24. The answers filed by Yu and Martinni are nearly identical and the parties' papers in supporting of and opposing these motions are nearly identical. Martinni did not file its own opposition memorandum, but its response to the separate statement is very similar to Yu's response to the separate statement. The evidence opposing both motions...

Excerpt: ...he Fair Credit Reporting Act. (This class action concerning background checks is entirely separate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, ra...

Excerpt: ... COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 6 is entirely separate from plaintiff's motion for preliminary approval of her other class action concerning background checks (MSC20‐00481), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020,...

Excerpt: ...s in need of assistance, and the putative class consists of employees who directly provide those services. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 2 A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay m...

Excerpt: ...ll & Bar (Walnut Creek), Food Specialists, Inc., and Valet Hospitality Services Jack London Square (“Scott's”). Both motions will be considered together. A. Background and Settlement Terms The original complaint was filed March 10, 2021, raising claims under PAGA and 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, con‐complian...

Excerpt: ...rriage and awarding both spousal and child support to plaintiff. On October 16, 2020, Colin Waugh died testate. On June 11, 2021, defendant Lynn L. Kampfen was appointed executor of his estate. (FAC, ¶13.) A probate action is currently pending in this County, Case No. P21‐00417. (FAC, ¶13.) Defendant Kampfen is also believed to be trustee of the Colin Waugh Trust dated May 29, 2015, which is the sole beneficiary of the estate. (FAC, ¶14.) Pl...

Excerpt: ...to December 1, 2022 in Department 36. Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a...

Excerpt: ...RC 3.1700(b)(3). Given this authority, the court considers the motion. 1. Filing fees Defendant seeks to tax $1,103.32 of the plaintiff's filing fees as unnecessary and unreasonable. The fees are all attributable to a motion to compel that plaintiff lost. Motion fees are recoverable under CCP 1033.5(a)(1) provided they are reasonable and necessary to the successful claim. See Quiles v. Parent (2018) 28 Cal.App.5th 1000, 1018. The court strikes th...

Excerpt: ...he former Human Resources Director of the City of Richmond where she worked for 15 years. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 2; Pl. Resp. to DUMF Nos. 1, 2; Pl. Addl. Material Facts ("AMF") Nos 1, 2.) She alleges the conduct giving rise to the City's alleged retaliation began in June 2019 shortly after she reported to City Manager Carlos Martinez claims by two African American employees of racial discrimination by the ...

Excerpt: ...(“Plaintiff”) filed its verified complaint on August 29, 2016. Francine McMahon (“Defendant”) filed an answer thereto on October 5, 2016. In accordance with California Code of Civil Procedure section 583.310, an “action shall be brought to trial within five years after the action is SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/17/2022 19 commenced against the defendant.” (CCCP § 583.31...

Excerpt: ...in its entirety. Background On May 18, 2020, plaintiffs Genevieve Carlon, by and through her guardian ad litem, Lisa Carlon and Lisa Carlon, individually, filed a civil complaint alleging causes of action against defendants for elder abuse, negligence, violation of statutory rights and negligent infliction of emotional distress. The complaint alleges that 86‐year‐old Genevieve Carlon was a patient at Promedica Skilled Nursing and Healthcare (...