Excerpt: ...g error. However, this declaration appears identical in substance to the declaration Delaney submitted in August 2019 and the Court has used the declaration from August 2019 as well as the declaration from June 2020 when considering the evidence submitted in opposition. Causes of Action One and Two The Court previously denied summary adjudication of the first cause of action for breach of a written promissory note against Defendant Centralbanc Mo...

Excerpt: ...ntinues to believe this motion is not proper procedurally in important respects. Background This is an interpleader action filed by a life insurance company after a dispute between three claimants to the proceeds of the policy could not be resolved. The claimants are the decedent's wife (Scott), mother (Beasley), and brother (Mims). The decedent acquired the policy in 2000 through his employment with BART, named Beasley and Mims as beneficiaries ...

Excerpt: ...se of Property From Lien. Defendants' request for judicial notice is granted. The demurrer is sustained in part with leave to amend and in part without leave to amend. Plaintiffs may amend all causes of action except Count 9 (foreclosure of mechanic's lien) and Count 12 (wrongful eviction). Plaintiffs shall file and serve any amended complaint on or before July 31, 2020. The basis for this ruling is as follows. A. The Special Demurrer For Uncerta...

Excerpt: ...ail. (Comp. ¶2 and ex. A.) This case involves property located at APN 019‐020‐ 037. (Comp. 4.) The Authority seeks to take a portion of the property owned by Ronald Nunn. This matter is opposed by Ronald and Shirley Nunn (it is not clear what interest Shirley has in the property, but she appears to potentially have an interest and was served the summons, complaint and motion papers). Much of the Nunns' opposition is based on the Nunn Family ...

Excerpt: ... court for an order compelling arbitration of the dispute as permitted by the contract between the parties. The Defendant has opposed the motion claiming that the Plaintiff's conduct should be deemed a waiver of her right to have the matter arbitrated. For the reasons stated below, the court determines that the Defendants have failed to satisfy their heavy burden to show a waiver has occurred and grants the motion to compel arbitration. Relevant ...

Excerpt: ...ry in Las Vegas, Nevada. (Compl. ¶ 24) MM Development holds a judgment entered by a Nevada state court against defendant Linx Card, Inc. for $949,559.80, entered August 28, 2019, arising out of certain merchant processing services Linx Card provided to MM Development. (Compl. ¶¶ 25‐43, Exhs. B, D, E) A. The Claims MM Development has asserted claims against the defendants in this case for fraud, breach of contract, deceit, conversion, violati...

Excerpt: ...Defendants are referred to collectively as the “Brookfield Defendants” for purposes of this ruling), Joe Guerra, and Josh Roden (Guerra and Roden referred to as the “Individual Defendants”; the California Corporate Defendants and Individual Defendants referred to as the “Defendants” for purposes of this ruling). For the reasons set forth, the Court rules as follows: (a) demurrer to second cause of action for fraud – sustained, with ...

Excerpt: ...PARTMENT: 33 HEARING DATE: 06/25/20 ‐ 12 ‐ The Court signed the order appointing a guardian ad litem for Mateus Moniz on June 24, 2020. Since a guardian ad litem has now been appointed, the Court will proceed to the merits of this demurrer. Julia demurs to causes of action two and five. Mateus demurs to causes of action three and four. Plaintiff correctly argues that the demurrer did not identify the statutory basis for the demurrer. However,...

Excerpt: ...hurch, hereinafter “LOPC”) and co‐worker, David Englebrekston: (1) Slander Per Se, (2) Libel Per Se, and (3) Trade Libel. He alleges that Mr. Englebrekston told “LOPC management” that plaintiff was "abusive" toward janitorial staff working on the church premises. (Complaint, ¶¶14‐16.) Having first met and conferred with plaintiff pursuant to Code of Civil Procedure § 430.41, defendants demur to the complaint. They argue that, pursu...

Excerpt: ... (1) negligence; (2) negligent infliction of emotional distress; (3) conversion; and (4) conversion (bailment). Defendant PSF Danville, LLC only demurs to Plaintiff's claims for (2) negligent infliction of emotional distress and (4) conversion (bailment). The remaining Defendants demur to all of Plaintiff's claims. For the following reasons the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendants request Judicial Not...

Excerpt: ... Plaintiff failed to underline or highlight the relevant portions of the deposition transcripts. Not only is this required by California Rules of Court, Rule 3.1116(c), but the Court finds compliance with this rule helpful when reviewing deposition transcripts. Breach of Contract, Specific Performance, Covenant of Good Faith and Fair Dealing In 2016, Plaintiff and Defendant Rose Family Properties entered into a lease (“the Agreement”). The Ag...

Excerpt: ...rejected by the clerk it was served on Defendants and the Court has reviewed it. For the following reasons, the motion is granted. Request for Judicial Notice Defendant requests Judicial Notice of several orders in case no. C18‐02245 as well as several County Recorder documents. The Request is unopposed. The request is granted. Evid. Code §§ 452, 453. Vexatious Litigant Statute Code Civ. Proc., section 391 provides: As used in this title, the...

Excerpt: ...opment Corporation (“Plaintiff” or “Novin Corp”). For the reasons set forth, the motion to strike paragraph 5 of the prayer is granted in part, and the motion to strike paragraph CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/25/20 ‐ 25 ‐ 6 of the prayer is granted, with leave to amend based on this ruling and the Court's concurrent ruling on Defendants' demurrers. Defendants' motion to strike was fil...

Excerpt: ...rkers' compensation insurance premiums assessed by SCIF. Plaintiff Northern California Collection Services (hereafter “NCCS”) asserts that it is suing on the debt created by the unpaid premiums by virtue of the assignment of the debt from the SCIF. On May 18, 2020 this court previously scheduled the hearings on all motions pending at that time for June 22, 2020. The court's rulings on those three motions are set forth below. Line #9 – Defen...

Excerpt: ...te of April 29, 2019 on the basis of the advanced age and ill health of the then‐plaintiff, Mr. Garrett. Unfortunately he proved to be medically unavailable to attend trial then, and even more lamentably he has since passed away. As is discussed in Lines 4 and 5, it is represented that his claims are now being pursued by the successor trustee of his family trust. Unusually, this motion rests not on any age or health problems of any party, but r...

Excerpt: ...may further amend his proposed pleading, if he thinks necessary, better to clarify the substantive basis for his self‐identification as the new plaintiff in the case. Background and Procedural History This case has a complicated procedural history, not entirely clear from the Court's file. The complaint was originally filed on September 10, 2018 by plaintiff Carl Garrett, suing in his own name. Garrett identified himself of the owner of the sub...

Excerpt: ... In this motion, plaintiff asks the Court to require that several stated categories of documents be produced for the Court's review. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/19/20 ‐ 8 ‐ The Pitchess Procedure Penal Code § 832.7(a) and Evidence Code §§ 1043‐1046 set up an exclusive procedure for discovery of certain police personnel files. Section 832.7(a) provides that with exceptions not applicabl...

Excerpt: ...iberately became intoxicated, and then proceeded to operate a motor vehicle at high speed and in a reckless manner on West Leland Road in Pittsburg California. As a direct and proximate result of Defendant's voluntary and willful intoxication, she caused her motor vehicle to collide with an automobile operated by Ruby Houston and occupied by her granddaughter, Akilah Houston, a minor.” Complaint at Ex‐2. Analysis California Civil Code section...

Excerpt: ...bitration agreements and nondisclosure agreements are all integral parts of the employment relationship between plaintiff as employer and defendants Anthony Bishop and John Karimov; (2) plaintiff's claims are “intimately founded in and intertwined with” that employment relationship. (Boucher v. Alliance Title Co., Inc. (2005) 127 Cal.App.4th 262, 272‐273.) The general rule governing this issue is articulated in the Goldman decision as follo...

Excerpt: ...rt made an oral order at a hearing on defendants' motion for terminating sanctions that plaintiff submit to: (1) panograph x‐rays; (2) full mouth x‐rays; and (3) full mouth photograph. The court signed its written order to that effect on January 8, 2020. The written Order also states that plaintiff shall make the appointment for the x‐rays within two weeks of the court's signing the order. (See Ex. A to Yu Decl. filed 2/13/20.) Defendant's ...

Excerpt: ...ender its $300,000 policy limits to resolve the claim. It declined to do so. But later it paid $5 million to settle a subsequent breach of contract and bad faith lawsuit that the injured plaintiff, Lewis, brought after receiving an Assignment of Rights from Smith. FPIC then brought this action against its attorneys. Defendants now move for summary judgment, arguing that FPIC cannot establish causation, damages, or duty. This is a close case, with...

Excerpt: ...1) violation of Civil Code § 2923.6 and § 2924.11; (2) negligence; and (3) violation of Bus. & Prof. Code § 17200 et seq. Defendants move for summary judgment on several grounds: (1) the action is barred by a 2015 settlement agreement; (2) the action is barred by the doctrine of bankruptcy estoppel; (3) plaintiff cannot prove a dual‐tracking violation; (4) plaintiff cannot prove negligence; and (5) plaintiff does not have a predicate statuto...

Excerpt: ...endants provide alarm services to homes and businesses, and plaintiff was a customer. The standard contract used provides that a customer may cancel the contract in writing 30 days before the end of the contract term, or it automatically renews. Plaintiff alleged that she cancelled, yet defendants continued to bill her under the contract, and that defendants followed the same conduct with respect to the entire class. Under the settlement, a class...

Excerpt: ...d its tentative ruling on the merits of the motion should the Bypass Authority convince the Court that service was proper. Service on All Defendants The State Route 4 Bypass Authority seeks to condemn certain property located in Brentwood using eminent domain. (Comp. ¶¶1‐4.) The Bypass Authority listed various defendants in its complaint that it alleges are “persons who appear of record or are known by Plaintiff to have or claim an interest...

Excerpt: ...original complaint, filed August 24, 2018, alleged that defendant Foss Maritime committed various violations of wage and hour laws with respect to the employment of captains and crew members on tugboats Foss Maritime operates. After removal to federal court and a subsequent remand, the operative pleading is the Second Amended Complaint, filed June 21, 2019, which expanded the scope of the initial allegations. Discovery was taken and the matter se...