Excerpt: ... 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 operative Second Amended Complaint (SAC) was filed on July 18, 2023. It sets forth two causes of action against the Moving Defendants: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18...

Excerpt: ...each of the covenant of good faith and fair dealing. This resulted in a jury award of damages which was later reduced in the Final Judgment. The jury awarded $5,000 in punitive damages. Judge Baskin issued a statement of decision on September 7, 2022 and entered Final Judgment on September 16, 2022. The Judgment mandated the sale of the real property underlying parties' dispute unless plaintiff could buy out the defendants. It also let stand an a...

Excerpt: ..., brought by Plaintiff against Defendant Complete Solar, Inc. ("Complete" or "Defendant"). Complete is in the business of installing solar systems on residential and business buildings. In November 2020, GNR and Complete entered into a contract wherein GNR would sell solar energy systems to consumers on behalf of Complete in return for a commission paid to GNR for each system sold. In other words, GNR would do the groundwork for the sale, and Com...

Excerpt: ...s indicated below. Factual Summary On or about September 28, 2016 Plaintiff leased two storage units from Security Public Storage — Hapvard ("SPS — Hayward"), located at 24873 Huntwood Ave., Hayward, California. (9 4, Ex. 1.) In approximately February 2019, Plaintiff began noticing rat droppings, food and candy wrappers, and dead rats within her storage units. (910-14.) Plaintiff's property stored within the units was damaged by the rodents, ...

Excerpt: ...he grounds that he is a resident of Maryland. Plaintiff opposes on the grounds that the Court has specific personal jurisdiction over Gawad. 17 For the following reasons, the motion to quash is granted. Request for Judicial Notice Plaintiff requests judicial notice of documents from the California Secretary of State, a printout from the Maryland Bar Association website, and a printout from the LinkedIn website. The request is unopposed. The reque...

Excerpt: ...atus of the Probate Proceeding and its implications for this case on or before March 11, 2024. Background Plaintiff Jnbud Dawod Hadu ("Hadu" or "Plaintiff") alleges she is the "successor in interest" of her sister Sabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Third Amended Complaint ("3AC") 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP S 377.32" in support of Plaintiff's alleged standing. Plaintiff a...

Excerpt: ...d serve a second amended complaint. 2 Background This is a legal malpractice action. Plaintiff is Security Offcers & Investigations LLC (Sol). Defendants are Bradley Kass, an Individual (Kass), The Estate of Bradley Kass and Richard Kass as Executor of the Estate of Bradley Kass (the Estate), and (4) Kass & Kass Law Offices (the Firm). Sol's malpractice claim arises from the Firm's representation SOI in an underlying trial and appeal in Dodson v....

Excerpt: ...r defendant USAA General Indemnity Company ("USAA") and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring based on a claim under their homeowners' policy made in February 2016. (3AC 9, 10, 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA cwer the replacement flooring installed based on that insurance claim. (3AC 14-27.) Plaintiff...

Excerpt: ...n January 5, 2024. The Complaint The complaint is six pages long and asserts two causes of action: for breach of an oral contract and for unjust enrichment. Plaintiff Orison alleges as follows. In 2011, Orison and Palecek entered into an oral agreement (the "Agreement") providing that Orison would serve as Palecek's independent sales representative to promote the sale of its products and solicit orders from customers and potential customers in a ...

Excerpt: ... are suing their homeowners insurance carrier defendant USAA General Indemnity Company ("USAA and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring after they made a claim under Plaintiffs' homeowners' policy in 2016. (3AC 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA over the replacement flooring installed based on that insur...

Excerpt: ... notice. (Donabedian v. Mercury Ins. Co. (2004) 115 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Courts (1984) 153 Cal.App.3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) The only issue a demurrer is concerned with is whether the complaint, as it stands, states a caus...

Excerpt: ...tion to dismiss as a motion for judgment on the pleadings. A defendant may make a motion for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP S 438(c)(1)(B)(ii); Prickett v Bonnier Corp. (2020) 55 Cal.App.5th 891, 896.) Moreover, a court may grant a motion for judgment on the pleadings where a party lacks standing to bring the suit. A plaintiff...

Excerpt: ...iff which allegedly had undisclosed structural damage. Defendant contends that the Court should quash the service of summons because Plaintiff failed to serve the summons in accordance with statutory requirements. Statutory Requirements of Service Code Civ. Proc., S 416.90 provides that "[a] summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person orto a pers...

Excerpt: ...ion. Plaintiff's motion is denied. As the Court will explain, Plaintiff's argument skips a step and cannot establish as a matter of law that defendants have no right to discharge storm water into the Park because they have no easement. Procedural Objections The Court rejects Defendants' objections. They are contrary to the express directions of the Court at pretrial conferences. Defendants point out that in seeking a ruling on what Plaintiff cont...

Excerpt: ...tz. He first argues, with no citation to authority or other rationale, that discovery must be strictly limited to the issue of class certification. Who says so? First, the complaint includes non-class claims. Second, even if class certification were denied or abandoned, there would remain individual and representative claims to litigate. And in any event, this case has now been pending for over three years. If the parties have not gotten started ...

Excerpt: ...ARTMENT 21 (925)608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/13/2023 Plaintiff James Grimes worked for westcat since approximately October 2009. (UMF 1.) Effective February 14, 2022, WestCat implemented a COVID-19 Vaccination Policy (the "Policy") that required all WestCat employees to either: (1) provide a medical or religious exemption to the COVID-19 vaccination requirement ("Exemption Form") by February 28, 2022; or (2) provide p...

Excerpt: ...general demurrer to the first cause of action for failure to state facts suffcient to state that causes of action against Duggan — sustained, without leave to amend; and (c) Duggan's general demurrers to second, third and fourth causes of action and Districts general demurrers to all causes of action for failure to state facts sufficient to state those causes of action - overruled. Background Plaintiff began her employment with defendant San Ra...

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: ...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: ...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: ...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...