Excerpt: ...V's Administrative Per Se hearing is contrary to the weight of the evidence. Background Facts Petitioner, Dedanim Adams, prior to his arrest on September 18, 2016, was the holder of California Driver's License Number B6999306, issued by Respondent, Department of Motor Vehicles. Adams was arrested for an alleged violation of Vehicle Code § 23132(a) & (b) by Officer Jeremy Anselmi of the California Highway Patrol in Contra Costa County. Petitioner...

Excerpt: ...cts Plaintiffs' continued use and access of the easement. However, Defendants may replace the concrete driveway with pavers as described in Gibson's declaration. There is no evidence that the pavers will unreasonably CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/11/19 ‐ 2 ‐ interfere with Plaintiffs' use of the easement area and as such, Plaintiffs' will not be harmed by the placement of the pavers. The part...

Excerpt: ...llegations. This dispute has had a long and winding history, with several docket numbers and several layers of pleadings. For purposes of the present motion, however, those can be ignored. The issues on this motion are presented identically as if this were simply an original lawsuit filed by the Gannons against Coldwell Banker and the Argabright defendants. The Gannons bought a residence from the Argabrights, in which Coldwell Banker acted as the...

Excerpt: ...o allow for meaningful rulings. This is a case for breach of warranty and violation of the Song‐ Beverly Act, based on alleged unrepairable defects in a vehicle purchased as certified pre‐owned. Plaintiff purchased the car in 2013, and (according to his suit) he encountered a long train of significant problems with it. He demanded repurchase in February 2016, and filed this suit in March 2016. More than two years later, in July 2018, defendan...

Excerpt: ...the file and cannot be located by the clerk's office. The Court is working from a copy faxed by counsel (thanks for that), but it is neither file‐stamped nor complete, with all exhibits after Exh. A missing. Plaintiff is requested to provide a substitute copy of it, with exhibits, for filing so that the Court's file will be complete. The Parties and the Dispute Plaintiff Brachium is a health technology company headquartered in San Ramon. Defend...

Excerpt: ... says “Disputed fact … Defendant is unable to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/30/19 ‐ 5 ‐ confirm or deny and reserves a right to submit evidence in dispute.” Of course, that is not remotely how summary judgment in California works. On this motion, Jang bears the burden of persuasion that there is no triable issue of material fact and that Jang is entitled to judgment as a matter of law. ...

Excerpt: ... Defendants demurred to the First Amended Complaint as to Plaintiff Veronica Salcedo. Defendants did not demur to the claims brought by the minors, Gisele and Isabel Salcedo. The demurrer is based on a statute of limitations argument. Code of Civil Procedure section 335.1 states that there is a two year statute of limitations for actions for “injury to… an individual caused by the wrongful act or neglect of another.” The accident happened o...

Excerpt: ...Apartments in San Pablo. The apartment complex consists of five buildings on one contiguous parcel, and defects are alleged at all five of the buildings. JHF relies on the statute of repose, i.e., Code of Civil Procedure section 337.15, which provides that action for construction defects may not be brought more than ten years after “substantial completion” of the construction in question. “Substantial completion” is defined as the earlier...

Excerpt: ...Defendants Miao Lan Lana Yu, Harmony Beauty Med Spa and Harmony Beauty Spa through their authorized real estate brokers, Defendants Mardel Realty and Loans, Inc. and Doris De Leon made an offer to purchase real property, owned by the Sonja Colbert Living Trust, located at 1006 Regatta Point in Hercules. Plaintiffs allege the offer was accepted and consideration in the form of $10,000 was exchanged, binding the agreement. Defendants allegedly brea...

Excerpt: ...n answer on or before September 6, 2019. The basis for this ruling is as follows. A. Claim Preclusion. The Court finds that this action is not barred by the claim preclusion aspect of res judicata, for two independent reasons. A‐1. The LWDA Notice. Defendants' argument that claim preclusion applies is based on the premise that the plaintiffs in the earlier Torres litigation “could have” brought claims based on the failure to provide appropr...

Excerpt: .... The Enforceability of Dual Selection Clauses. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/28/19 ‐ 7 ‐ The contractual language at issue here reads as follows: Any litigation arising out of this Agreement shall be brought by either party in a court of competent jurisdiction located in Tarrant County, Texas. Fay argues that this language must be treated as an unenforceable venue selection clause, and not a...

Excerpt: ...nc. to serve as his agent in the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/28/19 ‐ 16 ‐ purchase of commercial property at 321 Hartz Avenue in Danville, California. FAC at ¶ 7, Ex. 1; see also FAC ¶ 9, Ex. 2. Through defendants, Plaintiff entered into a purchase and sale agreement for the property on July 10, 2018. Id. at ¶ 8. Plaintiff deposited $100,000 towards the purchase price. Id. at ¶ 11. Near...

Excerpt: ...rification that Defendant's construction of the fence does not further encroach on Plaintiffs' property beyond the area subject to the Settlement Agreement. The motion is denied to the extent Plaintiffs' motion seeks removal of construction materials currently located within the area subject to the Settlement Agreement. Background Plaintiffs Aamir Shan and Nadia Shan own real property at 898 El Pintado Road in Danville. Plaintiffs' adjoining neig...

Excerpt: ...ul Lowden. Plaintiff asks for a judgment of $112,053.20. Eric Thompson, a vice president of Plaintiff, states that Defendants borrowed $200,000 from Plaintiff in 2003. (Thompson Decl. ¶3.) The terms of the loan and personal guaranty are stated in Thompson's declaration and the loan documents are attached to the declaration. (Thompson Decl. ¶¶ 3‐5 and exhs. 1, 2 & 3.) Thompson states that Defendants defaulted on the loan on April 1, 2017 by f...

Excerpt: ...apers. Ough's “Separate Statement In Opposition” contains evidentiary objections, as well as extensive substantive argument that goes far beyond “the nature” of the factual dispute. (See Rule of Court 3.1350(f)(2); 3.1350(h).) The Court ignores the evidentiary objections made in the Separate Statement In Opposition, because they violate Rule of Court 3.1354. Although it was difficult to follow and should have been in the memorandum, the C...

Excerpt: ...a difference in several respects. Most notably, the “partnership agreement” belatedly attached to the complaint, and alleged to embody the terms of the asserted oral contract, includes only plaintiff and defendant Jaca as contractual parties. Plaintiff is very vague as to how he has any contractual relationship at all with the other two defendants, Mountain Movers and Roquemore. And on a directly related note, the motion also does not specify...

Excerpt: ... But the basic reason for denial is the same for all five: There is no attempt to provide serious evidence of damages, let alone to show that the amount of damages is established to a summary‐judgment standard. In a nutshell, these are what may be called “liability‐only” summary adjudication motions. Such motions are flatly impermissible under California summary judgment procedures. Form of Plaintiffs' Papers A word is in order at the out...

Excerpt: ... and that if this dispute were only between Abbington and Shapell, it must be arbitrated. Thus, the Court need not engage in the customary analysis of the arbitration agreement to determine whether it covers this particular dispute between these particular parties. Waiver While Abbington does not expressly argue waiver, it does say that by filing a demurrer, Shapell subjected itself to the jurisdiction of the Court. Such a statement sounds like a...

Excerpt: ...ct case. In support of that argument, the demurrer cites only federal cases. On reply, Hirschhorn cites Roth v. Rhodes (1994) 25 Cal.App.4th 530. In her reply brief, Hirschhorn contends (for the first time) that the agent's immunity rule insulates her from liability for acting on behalf of a corporate principal. Sanctions Hirschhorn does not dispute that she failed to comply with the statutory meet and confer requirement set out in Code of Civil ...

Excerpt: ...description of the subject real property is set forth in the Order to Show Cause, filed on July 18, 2019. This relief is conditioned on the posting an undertaking in the sum of $ 7,500, on or before August 23, 2019. The basis for this ruling is as follows. A. Preliminary Matters. The parties' requests for judicial notice are granted. Plaintiffs are directed to properly tab their exhibits in all future filings; the exhibits to the request for judi...

Excerpt: ...posed answer was indeed attached to another document in the Court's file. Defendant's motion appears to be procedurally compliant with CCP § 473(b). As to the merits, Defendant Jeffrey Rose Melenudo motion brings this timely motion, pursuant to CCP § 473(b), to set aside the default and default judgment entered on March 20, 2019. Melenudo moves to set the default and any judgment taken against him on the ground CONTRA COSTA SUPERIOR COURT MARTI...

Excerpt: ...the terms of the settlement agreement on the record before the Court. (See, Reporter's Transcript attached as Ex. A to Isola Decl. and Ex. A to Hooshmand Decl.) The parties agreed that the settlement could be enforced pursuant to Code of Civil Procedure section 664.6. (Reporter's Transcript at 8:2‐4.) The terms stated on the record were that (1) the Mahoneys would pay Hooshmand $40,000 within 30 days after a settlement agreement is executed, (2...

Excerpt: ... language in the Contract providing for indemnity to the fullest extent permitted by law for all losses. (Undisputed Material Fact No. 20, 28, 29; DBI”s Additional Fact Nos. 5 and 6.) Background This is a construction defect case. It involves alleged defects at a subdivision called CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/08/19 ‐ 4 ‐ Brighton Station. The original builder was Western Pacific Housing, ...

Excerpt: ...leave to amend. Request for Judicial Notice Defendant's unopposed Requests for Judicial Notice are granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420. A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th ...

Excerpt: ...he time, but directed Springhill to file one later. 956 Holdings subsequently dismissed the action. Objections: On August 6, 2019, 956 Holdings filed objections to certain matters raised in Springhill's reply. As to the objections on the ground that they constitute new matter in a reply, the submitted information responded to issues raised in the opposition. Overruled. As to the objections on the ground that the materials constitute inadmissible ...