Excerpt: ...cting that the process server may have incorrectly or falsely claimed to have served a “Mr. Estrada” at the residence 2521 Kelley Avenue, San Pablo on April 17, 2012 in lieu of personal service on the defendant. Defendant's submissions in support of his motion tend to show that he has been residing at an address in Sunnyvale, CA since at least 2012. However, documents in the file also show that the defendant was placed on notice of this case ...

Excerpt: ...to claim that the Defendant, an agency or component of the California Department of Justice (hereafter (DOJ) has declined to provide to him DNA information relating to his case and that he is entitled to that information under the California Public Records Act (CPRA). The defendant, a component of the DOJ has filed a motion for summary judgment because plaintiff has failed to allege specific facts showing that it (the agency) has the records and ...

Excerpt: ... column is used by the moving party for its material facts with citations to the evidence below the fact. The right column is reserved for use by the opposing party. (See, California Rule of Court, Rule 3.1350(h).) Defendant's separate statement references issues that Defendant believes are relevant to the case, but does not include actual statements of fact. For example, “whether there is a CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPA...

Excerpt: ...r case. Goldstein, a Judge of this court, has made rulings in that misdemeanor case with which plaintiff disagrees. Plaintiff contends that Goldstein is disqualified by bias and is required to recuse himself. He further contends that Baskin, the Presiding Judge of this court, is under a duty to ensure that Goldstein complies with all laws, including by recusing himself. The theory of the sixth cause of action is that Goldstein, by refusing to rec...

Excerpt: ...itur. They disagreed, however, on whether the reversal and remand have the effect of reopening discovery in general, and expert designation and discovery in particular (the original discovery cutoff having previously passed before the dismissal). The Court invited the parties to brief the question. Defendants have accordingly filed what they label as a motion to reopen discovery. The label is not quite right, given that defendants' (correct) posi...

Excerpt: ...arbitration,” within the meaning of the statute. Second, even if it were a consumer arbitration, the statute is obviously intended to protect the consumer, not the non‐consumer. Respondent asserts that in this dispute he is the “little guy”, which may or may not be true – but if it is, that's all the more reason why this isn't a “consumer arbitration” within the contemplation of the statute, which aims to protect “little guy” co...

Excerpt: ...fendant Almaden Associates, LLC (“Almaden” or “AA”), and Defendant Corrie Development Corporation, a California corporation (“CDC”) (collectively, “Defendants”). Plaintiffs seek an order for issuance of a writ of attachment against the entity defendants, Almaden Associates and Corrie Development Corporation in the amount of $1,401,500.00, but does not identify any specific bank accounts or real property. For the following reasons,...

Excerpt: ...om the Richmond Police Department. Dorton says that those officers employed excessive force during the course of that arrest. Apparently with limited exceptions, Dorton was then incarcerated from November 24, 2018 to approximately March 14, 2019. In late March or early April of 2019, Dorton retained present counsel to pursue this matter. Counsel engaged in a factual investigation of the matter, apparently consisting of (1) sometime between May 13...

Excerpt: ...im into settling this matter. The Kliments now bring a demurrer to Ahmmed's complaint. The Court grants the various requests for judicial notice. Breach of Written Contract This cause of action fails. The complaint fails to allege or attach a written contract between the Kliments and Ahmmed to mediate at no cost to Ahmmed. Of course, the existence of a written contract is a prerequisite to maintaining a cause of action for breach of written contr...

Excerpt: ...destar cross‐check as a way to determine whether the percentage allocated is reasonable. It stated: “If the multiplier calculated by means of a lodestar cross‐check is extraordinarily high or low, the trial court should consider whether the percentage used should be adjusted so as to bring the imputed multiplier within a justifiable range, but the court is not necessarily required to make such an adjustment.” (Id., at 505.) Counsel in thi...

Excerpt: ...ry judgment is denied. Defendants' motion for summary adjudication is granted as to all claims based on retirement payments for the years 2008‐09 through 2015‐16; the Court finds that these claims are barred by both claim preclusion and issue preclusion. The motion for summary adjudication is otherwise denied. The basis for this ruling is set forth below. A. Evidentiary Matters. A‐1. Plaintiff's Declaration And Request For Judicial Notice. ...

Excerpt: ...the medical office building located at 400 Taylor Boulevard in Pleasant Hill. On or about July 20, 2006, Dr. Patel and Dr. Sirott formed 400 Taylor and on March 26, 2007, Dr. Patel and Dr. Sirott entered into the Operating Agreement for 400 Taylor LLC. Drs. Sirott and Patel were and still are the managers of 400 Taylor. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 20...

Excerpt: ...ay strike out “any irrelevant… matter asserted in any pleading.” CCP § 436. “Irrelevant matter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) As to striking the request for attorney's fees, the motion is granted. Defendants argue there i...

Excerpt: ...ke sure that the exhibits they file with this Court are properly tabbed. Using a filing service does not relieve attorneys of their obligation to ensure that documents are properly tabbed. Defendants point out that they did not receive the opposition by fax as was stated in the proof of service attached to the opposition. Defendants also state that they did not receive all the opposition documents until September 9, 2019. (Pearson decl. ¶¶5‐6...

Excerpt: ...is in pro per. The Complaint pleads causes of action for (1) “violation of the Administrative Procedure Act, under the California Commercial Codes section 1207 through 3505” and (2) “cancelation of instruments for Defendants' failure to reconvey Plaintiff's deed of trust and promissory note.” For the following reasons, the Motion for Summary Judgment is granted. Standard A “motion for summary judgment shall be granted if all the papers ...

Excerpt: ...m. on November 15, 2019 in Department 14 of this Court. Plaintiff's complaint alleges that his wife, Katherine Louis Loforte‐Delgadillo, died in 2017. Her estate included a house located at 2495 Reliez Valley Road, in Martinez, California, that was either not fully completed or needed substantial repairs. Plaintiff alleges the house was worth $1.6 million in its diminished condition and that repairs would have cost $250,000. Plaintiff was jaile...

Excerpt: ...y is their private property, and the bicyclists have no right to use it. Plaintiffs' attack was two‐ fold. They asserted that defendant District had the power and responsibility to see to it that bicycle traffic is excluded. Plaintiffs failed at this part of their attack, which was defeated on the District's motion for judgment on the pleadings. Plaintiffs and the District have since agreed that each side would bear its own attorney fees and co...

Excerpt: ...from the FAC. As it must for purposes of ruling on both the demurrers and the motions to strike, the Court accepts as true all of the well‐pleaded factual allegations contained in the FAC. Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967. The Court is not, however, required to accept as true contentions, deductions, or legal conclusions. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. This case arises from problems plaintiffs encountered...

Excerpt: ... of $111,688.67 is to be paid, 75% of which ($83,751.50) will be paid to the LWDA. The aggrieved employees will receive $139,585.83, which includes their 25% share of the PAGA penalty ($27,922), along with payments under Labor Code section 2698 of $111,663.83. The underlying dispute concerns payment of certain commission wages for Personal Bankers employed by Citibank, in particular the proper implementation of changes made to Citibank's “Varia...

Excerpt: ...s, Presumptions, and Findings of Fact In ruling on a motion to compel arbitration, the trial court shall order parties to arbitrate “if it determines that an agreement to arbitrate the controversy exists[.]” “[T]he party CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 09/05/19 ‐ 19 ‐ seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence,...

Excerpt: ...n his payments, under a written agreement. Plaintiff alleges Defendant Bee Automotive obtained the vehicle for services on April 10, 2017. Plaintiff learned of Bee's possession of the vehicle when Defendant Bee applied for permission to sell the vehicle. On June 14, 2017, Plaintiff's counsel sent a demand for the vehicle to Bee Automotive, along with a tender of the amount provided by law for storage, towing, etc. The tender was rejected. Plainti...

Excerpt: ...rd Cause of Action for equitable indemnity. The demurrer is sustained without leave to amend as to the Fourth Cause of Action for negligence; in JHF's opposition memorandum, JHF does not oppose the demurrer as to this cause of action. JHF shall file any amended complaint on or before September 25, 2019. 1st C/A. The first cause of action is for breach of contract. JHF has failed to plead this cause of action with adequate particularity. A complai...

Excerpt: ...ction for (1) violation of Civil Code § 2923.6 and § 2924.11; (2) negligence; and (3) violation of Cal. Bus. & Prof. Code § 17200 et seq. Request for Judicial Notice Defendant requests Judicial Notice of several County Recorder documents as well as pleadings and orders filed in other actions (“RJN”). The unopposed Request is granted. Evid. Code §§ 452, 453. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/...

Excerpt: ...uir Health. However, at no relevant time were Defendants Kaiser or John Muir Health responsible for the medical care and treatment of J.K. Defendant John Muir Health learned that Defendant Kaiser, during her employment with John Muir, improperly accessed and reviewed Plaintiffs' Confidential Medical Information (“CMI”). On or about April 10, 2017, for the first time, Plaintiffs were informed by John Muir that Defendant Kaiser had, “without ...

Excerpt: ...laintiff's Additional Fact (“PAF”) Nos. 38, 39, 42‐60, 62.) Further, section 846 does not apply to either Amtrak or BNSF even as to their duties as owners of an estate in real property if they are liable of willful misconduct, and there is a triable issue of fact whether they are. (PAF 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33.) As for the individual issues that defendants want adjudicated: 1. Plaintiff's negligence claims ...