Excerpt: ...ional Fact (“PAF”) Nos. 2‐10, 14, 15, 16, 19, 21, 28, 29‐34, 36, 37‐40, 44‐59, 61‐65,75 78‐81, 84‐88, 90, 91, 100, 108; Pltf's Ex. A, Malzahn Depo., at 98:1‐10; 177:6‐10; 178:13‐179:2; Pltf's Ex. B, MacCaskie Depo., at 96:16‐97:2; Pltf's Ex. D, Bunes Depo., at 131:25‐132:20; Pltf's Ex. E, Glasper Depo., at 45:3‐15; 46:15‐25; 50:20‐ 51:9; Pltf's Ex. G and/or Ex. A to Isvoranu Decl., Haywood Depo., at 86:9‐17; 21...

Excerpt: ...mmonly known as 3220 Camino Diablo, Lafayette, California. According to the Complaint and motion, the property is made up of three separate tax parcels, APN Nos. 177‐070‐002, 171‐070‐004, and 171‐070‐005. The motion was brought pursuant to CCP § 872.710(b), which provides, “partition as to concurrent interests in the property shall be as of right,” absent waiver. Code Civ. Proc., § 872.720(a) provides, “If the court finds that...

Excerpt: ...that event, the time for response to any Second Amended Complaint will be the normal time provided by law. The court grants defendants' Unopposed Request for Judicial Notice filed 6/7/19. It takes judicial notice of the existence and contents of the Exhibit A attached to the Request, that is, plaintiff's May 28, 2019 government claim. 1. Factual background. Taken together, the May 28, 2019 government claim and the FAC allege that defendants commi...

Excerpt: ...��CCP”) section 430.10(e), and are uncertain under CCP section 430.10(f). Chamberlain also moves to strike the prayer for punitive damages. The Court notes at the outset an issue not directly addressed by the parties. It is not entirely clear to the Court whether the relevant cause of action is for products liability, with three different theories ((1) design defect; (2) manufacturing defect; and/or (3) failure to warn), or if design defect, ma...

Excerpt: ...h Plate Properties, LLC., pursuant to joint venture agreements. Contrary to Defendants Gianni's representations and promises, construction was never started and/or completed on any of the projects. Plaintiff has made written demands for repayment for its investment. Plaintiff filed this action breach of contract, breach of covenant of good faith and fair dealing, breach of fiduciary duty and duty of loyalty, intentional and negligent misrepresent...

Excerpt: ...Care Center (“Tampico”). Apolonia was 90 years old and a full‐time resident of Tampico. (Cmplt, paragraphs 1, 2) She fell on August 7, 2017. No one witnessed her fall, but the Complaint alleges that Apolonia had been given a strong prescription drug, Depacote, with known side‐ effects of weakness and lack of coordination, yet the staff at Tampico did not raise her bedrails to avoid the risks associated with taking the new drug. (Cmplt, pa...

Excerpt: ...nction would not be appropriate. (See, City of San Jose v. MediMarts, Inc. (2016) 1 Cal.App.5th 842, 850; O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463‐64.) Plaintiffs' Complaint and OSC papers are problematic in a number of respects. The following are some of the key problems. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/26/19 ‐ 12 ‐ Procedural Problems.  Plaintiffs' filed their ap...

Excerpt: ...Civil Code § 2924(a)(6) and (f); (4) declaratory relief; (5) violation of Civil Code §§ 2923.5 and 2923.55; and (6) breach of contract. This case was previously dismissed on MJOP on grounds of res judicata. The Court of Appeal reversed that decision, holding that res judicata did not apply. The court did not rule on the other bases for MJOP previously asserted, however, remanding for that decision. Defendants have since refiled their motion an...

Excerpt: .... Realistically, the present ruling is simply reducing to writing what both sides, represented by competent lawyers, have known since at least when the answer was filed, if not earlier: Absent any agreement among the parties to something else, this property will be partitioned and sold (though these parties can be among the bidders if they choose). (For that reason, the Court disregards the concern about a mediation being scheduled. That's a poin...

Excerpt: ...se. There are three sequential transactions involved. In 2009 plaintiff borrowed $80,000 from the Walter E. Lawson Family Trust, secured by a property at 239 1st St., Richmond. The loan was not a purchase‐money loan; plaintiff intended to use the proceeds for property improvement. The loan called for interest‐only payments at a 12% interest rate, with the principal payable as a balloon in December 2012. The parties agree that although the int...

Excerpt: ...e purchase agreement. Defendant (then represented by counsel) answered and filed a crosscomplaint, alleging that plaintiff had cost him commission payments by inadequately servicing the underlying customers. In October 2018 Mendrin's attorney substituted out, and Mendrin has been in pro per since then. Mendrin did not appear at a CMC held a couple weeks after the substitution. In the fall of 2018 plaintiff began talking (first with defendant's at...

Excerpt: ... has since deposited the full bond amount in court. It does not appear that anyone contends American Contractors could have any further liability in the matter to anyone. If American Contractors were in the case only as a defendant, that would be a good argument for dismissing it out of the case entirely, and letting it go on its way. The joker, however, is that American Contractors has filed a cross‐complaint against a considerable number of c...

Excerpt: ...uires meet‐andconfer in person or by telephone. Defendants' attorney wrote a letter, but did not follow up with a call. Plaintiff's attorney apparently ignored the letter. Both attorneys are admonished that any repetition of such conduct invites sanctions. Background Facts This dispute arises from the alleged defective condition of the residential property tenant plaintiffs rented from landlord defendants. (Compl. at ¶ 20.) Plaintiffs allege t...

Excerpt: ...ner's injury. Petitioner's parents had an auto policy with respondent carrier. Petitioner was walking to his parents' parked car when he was hit and injured by an uninsured motorist. His theory is that this brings him within the policy's coverage as an Insured Person. Hence, he seeks to initiate an uninsured‐motorist arbitration. The carrier's position is that petitioner was injured as a pedestrian, not a motorist, and hence he is simply outsid...

Excerpt: ...ypically a petition for relief from filing a tort claim is brought as an independent proceeding before any tort lawsuit is filed. Here, however, the proposal is to add a new governmental defendant (the State) to the existing lawsuit, based on subsequent discovery of the State's involvement. Further, if this were to be played “by the book”, an independent proceeding for relief would be filed, and once granted, a separate lawsuit against the St...

Excerpt: ... Price emailed a letter to Torru's attorney confirming her “intent to reject [the arbitrator's] decision pursuant to Business & Professions Code section 6204.” (Price Decl. Ex. H.) Price filed a lawsuit against (MSL19‐02514) on April 25, 2019. (RJN 1.) Price later filed additional documents that clearly specified that she rejected the arbitrator's award, however, those were filed more than 30 days after the arbitrator's award was served. La...

Excerpt: ...as (who has also filed her own reply in support of the motion). Request for Judicial Notice Omni requests judicial notice of several documents in its moving papers and on reply. The Requests are not opposed. The Requests are granted. (Evid. Code §§ 452, 453.) Brief Procedural History Plaintiff initially filed a Motion to Enforce the Dissolution Judgment against Juras in the family law division of the Contra Costa County Superior Court on Septem...

Excerpt: ...) is the former Head of School for Orinda Academy, during the relevant period. The causes of action against Graydon have been dismissed as a result of Defendants' demurrer to Plaintiff's Complaint. Orinda Academy hired Plaintiff Mitchell Goldman as a full‐time math teacher in January 1988 in the middle of the school‐year. He signed four written teacher agreements in the first few school years he taught at Orinda Academy. That practice ceased ...

Excerpt: ...4, constitute “new law” within the meaning of CCP § 1008. (See Scott Co. v. United States Fidelity & Guaranty Ins. Co. (2003) 107 Cal.App.4th 197, 205‐206, overruled on other grounds in Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107.) Those cases do not change the analytical framework for deciding a Petition like this. Each case applied the framework established by Wood v. Superior Court (1985) 166 Cal.App.3d 1138, 1148‐1150, overruled...

Excerpt: ...; (2) promissory estoppel; (3) fraud and concealment; (4) negligent misrepresentation; (5) common counts: money lent and money had and received; (6) conversion; (7) financial elder abuse; and (8) unlawful and unfair business practices (Bus. & Prof. C. § 17200). Defendants demur to all but the first and the fifth causes of action. For the following reasons, the Demurrer is overruled as to the Second, Sixth, Seventh and Eighth Causes of Action, an...

Excerpt: ...C This is an interference with contractual relations and interference with prospective economic advantage case. Plaintiff Anthony Belcher (“Belcher”) is an independent contractor for an LLC, called Westech Environmental (“Westech”); it does environmental, health and safety work for various clients, including Defendant CSAA Insurance Services, Inc. (“CSAA”). In this lawsuit, Plaintiff Belcher contends that CSAA has deliberately interfe...

Excerpt: ... at Board of Registered Nursing (“BRN”) to set aside its decision of May 23, 2018. Petitioner also seeks cost of suit and reasonable attorney's fees. Petitioner argues the discipline against her registered nurse license and public health nurse certificate fails for two reasons: (1) there is no clear and convincing evidence of gross negligence on the part of Petitioner and (2) Petitioner's processing of the resident's pills at the non‐nursin...

Excerpt: ...ly injured by Dr. Dudum on March 6, 2017 and by Dr. Robertshaw on April 17, 2017, following treatment for a significant work injury on March 3, 2017. (See court's 11/28/18 ruling on the demurrer by Dr. Robertshaw and Proposed Amended Complaint at 2:24‐25 and 3:25‐4:22.) However, Plaintiff did not file her Complaint until May 30, 2018. Because the face of the complaint disclosed that the one‐year prong of the statute of limitations for medic...

Excerpt: ...intiffs shall file any amended complaint on or before August 2, 2019. Background This is a personal injury action arising from a motor vehicle accident. Plaintiffs allege that Defendant's vehicle collided with Plaintiffs' vehicle, and that Defendant then “fled the scene of the incident.” (Complaint, ¶ 5.) Analysis The right to claim punitive damages is governed by Civil Code section 3924. A plaintiff must adequately allege facts showing “m...

Excerpt: ...apers from plaintiff addressing the following matters. These papers shall be filed on or before July 10, 2019. Defendants may file supplemental responsive papers on or before July 17, 2019. 1. The Denial Of Plaintiff's Application. On January 7, 2019, defendant Fay issued a written denial of plaintiff's application for a loan modification. (Paterno Dec., Exh. 2.) Plaintiff alleges that he did not receive this written denial directly. (Greene Dec....