Excerpt: ...rs in Pittsburg. Immediately adjacent to plaintiff's property is an open field belonging to UPI, where (the complaint alleges) there has been an ongoing problem with transient activity, trash, and high vegetation. Plaintiff alleges that in 2013 a transient living on UPI's property started a fire that spread onto plaintiff's facility, and that in 2015 a “similar incident” (not otherwise elaborated on) occurred. In August 2018, defendant Belche...

Excerpt: ...respect to that issue only. See CCP Section 1281.4. There is no stay of the underlying action or Sekk Virginia's Cross‐Complaint for claims other than those concerning contractual indemnity and declaratory relief. SUMMARY OF RELEVANT FACTS On or about December 2015, Cross‐ Defendant Sekk Investments Virginia, LLC (“Sekk Virginia”) purchased 1120 Virginia Lane in Concord, California from Ridgegate. See Declaration of Charlie Chou (“Chou ...

Excerpt: ...th respect to that issue only. See CCP Section 1281.4. There is no stay of the underlying action or Sekk Diane's Cross‐Complaint for any other claims other than the third cause of action for Declaratory Relief Re: Contractual Indemnity. SUMMARY OF RELEVANT FACTS On or about August 12, 2015, Sekk Diane entered into a Purchase and Sale Agreement (“Diane Purchase Agreement”) for the sale and purchase of the property located at 1760 Diane Court...

Excerpt: ... negligence; (2) invasion of privacy; and (3) negligent infliction of emotional distress. For the following reasons, the Demurrer is overruled. Factual Background In March 2018, a journalist made a California Public Records Act request to the District for records regarding Plaintiff Timothy Farley, a recent, former president of the District's Governing Board. (Compl. at ¶ 6.) On April 2, 2018, the District disclosed some documents, including a P...

Excerpt: ...amen of the dispute is the alleged rest period violations, with the remaining violations relying entirely on the rest period violations. Defendant Hospital Couriers Nevada LLC demurs as to the rest period claims, arguing that they are preempted by federal law. Defendant correctly points out that, pursuant to the Federal Hazardous Material Transportation Law, the Pipeline and Hazardous Material Safety CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORN...

Excerpt: ...the meet‐and‐confer requirement of Code of Civil Procedure section 430.41, at 8:30 a.m., on July 24, 2019, and to file a response to the Order to Show Cause no later than Thursday, July 18, 2019. The basis for this ruling is as follows. A. Preliminary Matters. Defendant Luk's unopposed request for judicial notice is granted. Counsel for plaintiff J.H. Fitzmaurice, Inc. (“JHF”) do not dispute that they failed to meet and confer with defend...

Excerpt: ...ntiffs have failed to plead specific facts to establish punitive damages. For the following reasons, the motion is denied. Background This is a wrongful death action rising from decedent Benjamin Curry drowning in his high school physical education class. Plaintiffs allege that Aaron Becker, the physical education teacher, failed to appropriately supervise students, including Benjamin, during and after a swimming exercise. (FAC, ¶ 2‐4.) Analys...

Excerpt: ... represent in this PAGA lawsuit. As set forth below, the amended pleading brings Plaintiff essentially “full circle” to where he was after his original Complaint. GENERAL ALLEGATIONS Defendant employed Plaintiff as a truck driver to deliver petroleum products from about February 4, 2015 through June 14, 2017. Throughout his employment, Plaintiff was a nonexempt employee. (FAC, paragraphs 3, 10) WAGE AND HOUR ALLEGATIONS Robinson signed a meal...

Excerpt: ...laintiff” or “Harms”) is in pro per. The Demurrer relates to the First Amended Complaint (“FAC”) for breach of contract, violation of the laws of equity, and violation of Civil Code § 2941. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice The Bank of New York's unopposed Request for Judicial Notice is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is...

Excerpt: ...T: 21 HEARING DATE: 07/10/19 ‐ 6 ‐ Defendants demur to each cause of action in the TAC for the failure to state a claim pursuant to Code of Civil Procedure §430.10(e). Defendants make two arguments. First, Defendants argue that the second and third causes of action for fraud and negligent misrepresentation fail because there are no allegations showing the trustee relied on statements from the Defendants. Second, Defendants argue that the all...

Excerpt: ...st for a preliminary injunction. The motion has not been opposed by any of the named defendants. The motion appears to be well founded, and accordingly is granted. This relief is conditioned on (1) the timely posting of an undertaking in the initial sum of $10,000, in favor of defendant Orion Pacific Traders, Inc. (“Orion”), and (2) the timely filing of a CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/10/19 �...

Excerpt: ...erican Motors Corp. (1983) 144 Cal.App.3rd 1, 8.) IFE unreasonably delayed in filing its Roe amendment, causing specific prejudice to Flores. Background The plaintiff insurance companies filed this case on November 29, 2016, against IFE and others to recover money they paid for losses caused by a fire that broke out at the kitchen in the Pear Street Bistro in 2014. IFE filed a cross‐complaint for indemnity on January 17, 2017 against various na...

Excerpt: ...These are violations of California Rules of Court, rule 3.1113 (d) and (f). The parties are reminded to comply with all applicable rules in the future. The Court also notes that Defendants' notice of motion listed the language to be stricken with a line drawn through the middle of that language. This practice made it more difficult for the Court to read and should not be repeated in the future. Defendants Mark Kackley and Kackley Real Estate, LLC...

Excerpt: ...Complaint (“FAC”). Defendant moves on the grounds that the FAC does not allege facts sufficient to support an award of punitive damages based on malice, oppression, or fraud as required by Civil Code § 3294. Request for Judicial Notice Plaintiffs request the Court take judicial notice of the Complaint. While the Court takes judicial notice of the existence of the complaint and its contents, the Court may not take judicial notice of the truth...

Excerpt: ...Z, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/07/19 ‐ 12 ‐ On March 11, 2018, Petitioner Mousa Rafiq Khouri was arrested in Alameda County on the suspicion of driving under the influence in violation of Vehicle Code § 23152(a). Petitioner was advised of the “implied consent” (Vehicle Code § 23612) and allegedly refused a chemical test. The arresting officer, Officer Zimmerman, obtained a warrant to draw Petitioner's blood. The blood tes...

Excerpt: ...nt; but an order on a motion (even a dispositive one) is not the “notice of entry of judgment or dismissal” referred to in CRC 3.1700(a)(1). The judgment was not filed until May 3, after the memorandum of costs. Some $1,500 of cross‐defendants' costs are the $500 filing fee for three nominally separate but substantially identical summary judgment motions, filed on behalf of three cross‐defendants. The Court commented at the time that thes...

Excerpt: ...d, and it is also granted. Both cross‐complaints seek indemnity as to Plaintiffs' claims, and both indemnity claims rest entirely on the assumption (perhaps arguendo) that Safeguard may have tort liability directly to plaintiffs. However, as discussed further below, Safeguard owes no tort duty to third parties for injuries sustained on the subject property. This forecloses Safeguard's liability on the cross‐complaints too. Standard CONTRA COS...

Excerpt: ...t calling for fixed interest payments, plus payments into an escrow account intended (the Court gathers) to ensure payment of property taxes and insurance. As plaintiff acknowledges, the amount of the required payments into escrow was subject to annual adjustment. Plaintiff, however, persisted in making payments in the same, unadjusted amount, ignoring the annual notices of increases in the required escrow payment amounts, and repeated warnings t...

Excerpt: ...ct not to do so, ManorCare's answer to the remaining causes of action will be due two weeks after that date. Plaintiff Counsel's Failure to Meet and Confer In its ruling of March 8, 2019 (the time of the previous demurrer), the Court expressly criticized plaintiffs' counsel for failing to engage in the required meet‐and‐confer with defendant's counsel, and expressly warned that any repetition of that failure would result in consequences, incl...

Excerpt: ...olidation. The Court of Appeal has held as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending [1] may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or [2] it may consolidate the actions. [Bracketed numbers added.] (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 3...

Excerpt: ...resent duty of defense against plaintiffs' lawsuit. (See CCP § 437c (c); Disputed Material Fact Nos. 1, 2; Additional Material Fact Nos. 12, 14, 15, 17, 18, 19, 20, 23, 24, 26, 29, 30, 31, 32, 34.) 1. Background. On March 1, 2016, Ana Gonzalez was injured when she was struck by a car while eating lunch at a table on the common area sidewalk outside of Mariachi's restaurant in Walnut Creek in the Countrywood Shopping Center. Gonzalez had purchase...

Excerpt: ...e of Action. The first cause of action is for breach of fiduciary duty. Successful pleading of such a cause of action requires facts establishing that (1) defendants owed plaintiffs a fiduciary duty, (2) said duty was breached, and (3) the defendant's actions damaged the plaintiff. (Wolf v. Superior Court (1992) 107 Cal.App.4th 25.) A fiduciary relationship is any relation existing between parties to a transaction wherein one of the parties is du...

Excerpt: ...tiff agreed to provide the residential property located at 30 Rio Vista in Orinda to Defendant and Defendant agreed to make monthly payments. Defendant allegedly breached the agreement by failing to pay rent for the period of July 23, 2018 through September 10, 2018. Plaintiff also alleges Defendant sawed down a medium‐sized oak tree located in the side yard, removed a light fixture from the bedroom, failed to maintain the yard, and dumped 60�...

Excerpt: ...s to the Second Cause of Action as to the City only. Leave to amend is granted because, while this is plaintiffs' Third Amended Complaint, these defendants were not added to the case until plaintiffs filed their First Amended Complaint. Further, the court has only ruled on the legal sufficiency of plaintiffs' allegations once, on the demurer to that version of the complaint. The Second Amended Complaint was superseded by the TAC before the court ...

Excerpt: ...s denied, and he assumed his motion was continued to February 27, 2019 and then granted. The assertions conflict with the facts. Mr. Speights' motion for reconsideration was denied on January 9, 2019. The hearing was to have been held at 9:00 a.m. that morning but no party called to contest the tentative ruling which was posted on January 8th. Mr. Speights claims that he called the department just before noon CONTRA COSTA SUPERIOR COURT MARTINEZ,...