Excerpt: ... order, defendant sent an amount as payment in full and plaintiff accepted it. That constitutes an accord and satisfaction. (See CC § 1521‐1523; see Potter v. Pacific Coast Lumber Co. (1951) 37 Cal.2d 592, 597.) Relief has already been granted as to the March 8, 2018 judgment, and that judgment is no longer operative so as to be set aside. Defendant failed to pay pre‐lawsuit invoices when due. It owed something. Further, after it was served ...

Excerpt: ...fendants, under the circumstances of this case. (See, Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296‐297 [denial of leave to add alter ego theory six weeks before trial was error]; Landis v. Superior Court of Los Angeles County (1965) 232 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/29/19 ‐ 3 ‐ Cal.App.2d 548, 557 [“it seems unreasonable to deny a party the right to amend where the only appare...

Excerpt: .... Any amended complaint shall be filed and served on or before June 12, 2019. The rulings on the motion to strike appear at the end of this ruling. To avoid confusion over names in this family dispute, this ruling will refer to crosscomplainant by his first name, Dan. First Cause of Action, Declaratory Relief: The demurrer to this cause of action is overruled. Cross‐defendants admit that at least a portion of this count states a cause of action...

Excerpt: ...he state of Alaska before trial and has not been back to Alaska since. (Comp. ¶¶8‐12.) Plaintiff is seeking damages for her injuries from that accident, as well as punitive damages. (Comp. ¶¶21‐22.) Defendant has demurred to the complaint, arguing that Plaintiff's claim is barred by res judicata and the applicable statute of limitations. Res Judicata / Claim Preclusion The parties have not addressed whether California or Alaska law would ...

Excerpt: ...f Paulo Kirchhoff Soares Fernandes (“Plaintiff” or “Fernandes”). The Motion previously came on for hearing on April 10, 2019. The Court expressed concerns regarding service and asked for additional briefing on the issue of whether the parties can “contract around” the Hague Convention's service requirements. For the following reasons, the Court grants the motion to quash. Factual Background As a married couple, Plaintiff and Defendant...

Excerpt: ...rust, however, it is hoped that the present pair of mirror‐image motions are the final scene of the final act of this drama. The Court entered judgment as between the Kosis and the Trust on May 1, 2019. By agreement among these parties (and with the express or tacit consent of the Bankruptcy Court), there remains only one issue to be decided: Who is the “prevailing party” in the Kosi/Trust portion of these cases, for purposes of awarding at...

Excerpt: ...change in the law. Even if the motion were jurisdictionally proper, it raises no valid grounds. Plaintiffs' principal argument is that while the Court held that fees must be disallowed because of the restrictions of Government Code § 25845(c), the motion is governed instead by subdivision (b) of that section. No such argument was made by their then‐lawyer on their original motion, and for good reason. Subdivision (b) allows an award to the Cou...

Excerpt: ...tutions Code § 15657. Likewise, the Court's ruling on the demurrer as to Health & Safety Code § 1430(b) resolves the question of whether plaintiff properly states a claim for damages, attorney's fees, and injunctive relief thereunder. Treble damages are available where certain actions are taken against senior citizens. (Civ. Code § 3345.) Factors include whether the defendant knew the conduct was directed to a senior citizen, and whether a sen...

Excerpt: ...he 10th day of each month, with the first payment due on June 10, 2019. These payments will be applied to plaintiff's mortgage loan account. In order to properly decide a request for a preliminary injunction, the Court must assess the likelihood that plaintiff will prevail on the merits. However, in the case at bar doing so is almost impossible at this time, because plaintiff has agreed to file an amended complaint, and that amended complaint is ...

Excerpt: ...tion alleging a variety of wage‐and‐hour violations, including minimum wage, meal breaks, rest breaks, overtime, and misclassification of employees as independent contractors. Defendants are K2 Health Care, LLC, a corporation running a temporary services agency, and a number of related persons and entities. On May 2, 2017, a First Amended Complaint was filed identifying two additional plaintiffs (Josel Vasquez and Jericho Francisco), and asse...

Excerpt: ... capacity as “owners, principals, officers, directors managers, members, partners, agents, and/or employees” of High CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 05/23/19 ‐ 4 ‐ End Development, Inc. (“High End”). (SAC ¶ 4(d).) Defendants argue that plaintiffs' allegations are uncertain and insufficient to state a cause of action. (See Code of Civil Procedure § 430.10 (e)‐(f).) The tort liability of...

Excerpt: ...T: 21 HEARING DATE: 05/22/19 ‐ 8 ‐ Plaintiff's opposition fails to follow the specific instructions from this Court in its ruling on the judgment on the pleadings. There were also several other rule violations, which are discussed in Defendant's reply. If Plaintiff decides to contest this ruling, Plaintiff's attorney should be prepared to discuss the various rule violations. On the merits of this demurrer, the Court finds that Plaintiff has n...

Excerpt: ...erruled as to the Sixth Cause of Action for Declaratory Relief. Cross‐ Complainant shall file and serve the amended complaint on or before June 12, 2019. Background On or about January 6, 2014, Plaintiff Bruce Lohmann was pushing one of Safeway's shopping cart into Safeway Store #1215, located at 660 Bailey Road in Pittsburg. The Gatekeeper security wheel on the cart locked, causing the causing the cart to abruptly cease movement. Plaintiff's f...

Excerpt: ...se a component was damaged during maintenance, leading the fryer to overheat. This occurred because of negligence by an employee of settling defendant Ania. However, plaintiff also claims that some or all of the losses would have been avoided but for the negligence of defendant International CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/22/19 ‐ 16 ‐ Fire Equipment Co. (“International”) in servicing the f...

Excerpt: ...gan Frantz (collectively, “Plaintiffs”). The SAC pleads causes of action against the Park District for (4) nuisance; (5) withdrawal of lateral support; (6) inverse condemnation; and (8) dangerous condition of public property. The Park District demurs to Plaintiffs' causes of action for nuisance, withdrawal of lateral support, and inverse condemnation. At the outset, the Court notes that it previously overruled the Park District's demurrer to ...

Excerpt: ...his could not have happened before the default. Counsel for respondents, Ms. Maloney, concedes to repeatedly indicating that an answer was forthcoming, including: 1) in the 45 days after the petition was served during which both counsel worked through a defect in the petition (Maloney Decl., ¶ 4); 2) in December, 2018, when Ms. Maloney indicated, in response to questions about the answer, “We'll get this going” (id., Exh. C); and 3) in Febru...

Excerpt: ...ed the TRO, and entered an order to show cause why a preliminary injunction should not be granted, calendared for April 12, 2019. The parties stipulated to continue the hearing date, presumably so that the bank could consider plaintiffs' then‐pending modification application. Plaintiffs' motion for a preliminary injunction is continued to June 21, 2019 at 9:00 a.m. The TRO remains in place. Either side may file and serve appropriate supplementa...

Excerpt: ...d by either side and became the order of the Court. The order granting the motion was filed on September 26, 2018. Judgment for defendants was also entered on September 26, 2018. Notices of entry of the order and judgment were mailed to plaintiff on October 2, and filed with this Court on October 4, 2018. Plaintiff filed these two motions on March 25, 2019. Plaintiff's motion to vacate summary judgment is based upon an argument that she did not r...

Excerpt: ...eriod has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, ei...

Excerpt: ... County of Santa Barbara (1994) 7 Cal.4th 725, 740‐741.) The basis for confirming the arbitration award is as follows. A. The Arbitrator's Powers. The parties' arbitration clause provides in pertinent part as follows: The prevailing party in any action to enforce the terms of this Agreement or otherwise to determine the rights and obligations of the parties shall be entitled to recover reasonable attorneys' fees, arbitration fees and costs and ...

Excerpt: ...gainst Defendant Panchal, Defendant John Muir Health and other John Muir doctors for failure to diagnose cauda equine syndrome from September 3, 2015, when he first presented at the Emergency Room at John Muir, to September 8, 2015, when Dr. Terrence Chen performed a laminectomy and L4‐5 microdiscectomy on Plaintiff. (Cmplt, paragraphs 8‐14, 16‐23) Plaintiff Nil Rahbin, Mousa's wife, asserts a claim for loss of consortium. (Cmplt, paragraph...

Excerpt: ...however, relied primarily on the argument that the Court ought not to reach the merits of the issue, and therefore did not provide evidence in support of its opposition. Plaintiff asserts that this is a straight‐forward post‐foreclosure unlawful detainer, i.e., that the plaintiff foreclosed on the property in a non‐judicial foreclosure complying with all statutory notice requirements, that title was perfected, that a notice to quit was issu...

Excerpt: ... WorldGrill, LLC and Fortress Restaurant, Selina Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant (Contra Costa Superior Court Case No. C17‐00563): This case was filed on April 6, 2017. Plaintiff Tcheong, LLC (“Tcheong”) filed a First Amended Complaint on July 28, 2017. The FAC alleges that on or around April 2016, Defendants Peter and Salina Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant,...

Excerpt: ...te Connections US, Inc., Madera Disposal Systems, Inc., Potrero Hills Landfill, Inc., and Waste Solutions Group of San Benito, LLC (collectively, “Defendants”). ACWA moves for judgment pursuant to Code Civ. Proc. § 438(c)(1)(A) on the grounds that the undisputed facts establish as a matter of law that ACWMA has a justiciable cause of action against Defendants and that each of Defendants' remaining affirmative defenses lack merit. For the fol...

Excerpt: ...ed pleading motions on calendar. While settlement is a noble goal, these eleventh‐hour stipulations pose difficulties because they would not permit the Court to continue all matters, which leads to confusion and potential decisions on some of the issues that some parties may wish to settle. For example, Save Mount Diablo's stipulation would continue Oak Hill Park Company's Motion for Judgment on the First and Tenth Causes of Action in its Petit...