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: ...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...

Excerpt: ...his wholly owned company, Kenzie Consulting, Inc. (“plaintiffs”) filed this action in June 2019 against defendants Hart Pearson Cunningham and his wholly owned companies, Lender Scout Corporation (“Lender Scout”), Alansis.Com, Inc. (“Alansis”), and Speak With A Geek, Inc. (“SWAG”). (Collectively referred to herein as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/18/20 ‐ 20 ‐ “defendants”)...

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: ...pproximately a year later, Derek Beal was granted leave to file a cross‐complaint. Around the same time, Derk Beal also sought leave to amend his complaint. Trial, which had initially been set for February 2018, was vacated. The second trial date, set for February of 2020, was also vacated pursuant to the parties' stipulation, and a new (third) trial date was set for June 29, 2020. Recently, on May 19, 2020, Derek Beal appeared ex parte to requ...

Excerpt: ...us job classifications and in various collective bargaining units at the City of Antioch. They retired from the City at different times in different years. Defendant City of Antioch provides retiree health benefits through CalPERS. Plaintiffs are eligible participants in Defendant City of Antioch's retiree Medical‐After‐Retirement benefit. The monthly insurance premium for CalPERS health insurance plans is deducted from the retiree's monthly ...

Excerpt: ...onstitute a cause of action.” Code Civ. Proc. § 430.10(e). “A demurrer should not be sustained without leave to amend if the complaint states a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Seidler v. Municipal Court (1993) 12 Cal.App.4th 1229, 1233. Analysis Defendants demur on three bases. They first argue that the Complaint does not sufficiently set forth allegations of t...

Excerpt: ...age Pass Through Certificates, Series 2006‐3 (“Bank of New York”) (collectively, “Defendants”). The Demurrer relates to the Second Amended Complaint (“SAC”) filed by Plaintiff Robert Peralta, as Trustee of the Beatriz Peralta Revocable Trust (“Plaintiff” or “Peralta”). The SAC alleges causes of action for (1) violations of HBOR (Civil Code §§ 2923.5 and 2923.7); (2) violation of SBOR (Civil Code § 2920.7); and (3) violati...

Excerpt: ...ng Requirement. Defendants must support a motion for summary judgment with competent evidence in order to shift to the plaintiff the burden of coming forward with opposition evidence. (See generally, Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐855; Canifax v. Hercules Powder Co. (1965) 237 Cal.App.2d 44, 50.) In other words, if the defendants' showing would not support a judgment, it does not shift the burden of coming forward ...

Excerpt: ...ndant Carrington. In the supplemental brief filed on June 1, 2020, plaintiffs state as follows: “Upon further review of the record, Plaintiffs will dismiss Defendant Carrington from this action.” Plaintiffs are directed to file the request for dismissal on or before June 24, 2020. The motion is granted as to defendant BSI. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on this motion, and shall submit...

Excerpt: ...§ 437c on the grounds that the insurance policy at issue is void and that CSAA did not unreasonably withhold insurance benefits from the Plaintiffs. For the following reasons, the Court denies Defendant's motion for summary judgment or in the alternative summary adjudication. Factual Background Plaintiffs business and residence were burglarized on February 26 and February 29th, respectively. (Def. UMF 6, 7.) CSAA opened a claim for the business ...

Excerpt: ...ent could be entered if it breached the agreement. Linxpay failed to make the first payment. Accordingly, on October 9, 2019, the court entered judgment against Linxpay for $143,588.71. Citibank was about to conduct a debtor's examination of Patrick Hammond when Linxpay agreed to provide some written post‐judgment discovery responses instead. Through CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 06/17/20 ‐ 17 �...

Excerpt: ...ntiff filed a motion for summary judgment or in the alternative, a motion for summary adjudication (hereafter “the MSJ”). On June 1, 2020 Defendant Fackler filed his responsive pleadings that included his opposition to the Plaintiff's motion and multiple objections to statements contained in the Declaration of Plaintiff's witness (Becker) which had been submitted in support of the motion for summary judgment. The court has examined the entire...

Excerpt: ...ourt's order overruling the demurrer to plaintiff's Second Amended Complaint. Defendants did not waive their right to Answer or to allege Affirmative Defenses solely by filing the Answer a few days late. (See Goddard v. Pollock (1974) 37 Cal.App.3d 137, 141 (pleading filed late but before entry of default is not a nullity).) Plaintiff has benefitted from the court's and the law's preference for deciding cases on their merits. That policy preferen...

Excerpt: ....4. The Court accepted this offer and sustained the demurrer to these claims without leave to amend. The Court also found that Plaintiff's negligence claim was barred by failing to timely file the claim after receiving a denial of the tort claim. The demurrer to the negligence claim was sustained without leave to amend. As to Plaintiff's other FEHA claims, the Court found that Plaintiff filed her DFEH claim on June 27, 2018, and received a right�...

Excerpt: ...ion (public policy), and the issue of emotional distress damages. Because summary adjudication is denied on some claims, summary judgment is also denied. Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/12/20 ‐ 2 ‐ Plaintiff Frank Colwell is Caucasian and complains of unlawful actions against himself and property because of his race. He alleges his employer did nothing to stop the behavior of anonymo...

Excerpt: ...ties referred their dispute to a referee, retired Superior Court Judge Bonnie Sabraw. After a trial, Judge Sabraw ruled against West One and awarded attorney's fees to CMG. West One now moves to Set Aside Judge Sabraw's Final Statement of Decision. For the reasons stated below, the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/11/20 ‐ 2 ‐ Facts CMG and West One executed a “Correspondent L...

Excerpt: ...t jurisdictional discovery and for the parties to file supplemental papers to address the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/11/20 ‐ 17 ‐ Court's ability to exercise personal jurisdiction over Brookfield Residential Properties, Inc. Plaintiff shall file a supplemental brief and any supplemental evidence in support of its opposition at least nine (9) Court days prior to the continued hearing, and s...

Excerpt: ...201(a)(1). Plaintiff's attorneys are ordered to provide the court clerk in D33 with two redacted copy of exhibit 6 that remove the social security number on or before June 25, 2020. A cover letter should be included to ensure these documents are delivered to D33. Defendants' exhibits A and B contain the social security number of the Plaintiff. The last two pages in exhibit F also contain the social security number of the Plaintiff. These are also...

Excerpt: ... filed a motion to leave to file a second amended complaint, but the motion was never heard and the pleading was not filed.) The First Amended Complaint alleges failure to pay required overtime, failure to maintain accurate records, failure to furnish proper wage statements, and derivative waiting time violations. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/11/20 ‐ 3 ‐ The agreement provides three separate...

Excerpt: ...ious wage and hour law requirements. Specifically, plaintiffs allege that wage statements did not accurately identify the proper rate of pay when double overtime wages were paid. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The settlement motion was provided to the LWDA on September 12, 2019...

Excerpt: ...round/Terms of the Settlement The gross settlement amount is $750,000, non‐ reversionary. Class counsel requests a fee of one‐third of that amount. Costs of $15,000, a plaintiff's enhancement fee of $7,500, and settlement administration costs of approximately $10,000, would be deducted from that amount, leaving a payment to the class of $467,500. The settlement was negotiated with the assistance of an experienced mediator. The Complaint does ...