Excerpt: ...exempt employees alleging that defendant violated the Labor Code in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not e...

Excerpt: ... overruled. The demurrer to the First and Second Causes of Action is sustained with leave to amend. The demurrer to the Fifth and Sixth Causes of Action is overruled. Winehaven shall file any amended complaint on or before October 20, 2022. The basis for this ruling is as follows. A. The City's Request For Judicial Notice. Winehaven's objection to the City's request for judicial notice is sustained. The hearing on a demurrer may not be turned int...

Excerpt: ...ate nuisance, (5) public nuisance, (6) declaratory relief. For the reasons set forth below, the Demurrer is sustained in part and overruled in part, as outlined below. The City is granted leave to amend. CRPC's request for judicial notice regarding the Antioch Municipal Code is granted. (Cal. Evid. Code § 452 (b), (c).) Factual Allegations On January 8, 1991, the City Council of the City of Antioch (“City Council”) granted a 25‐year Franch...

Excerpt: ...dants first through thirty‐ninth affirmative defenses on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. The Demurrer is sustained, with leave to amend, as to the fourth, fifth, sixth, seventh, eighth, thirteenth, fourteenth, sixteenth, seventeenth, eighteenth, twenty‐fourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, twenty‐eighth, twenty‐ninth, thirtieth, thirty‐ firs...

Excerpt: ...a party is entitled to judgment as a matter of law. (Code Civ. Proc. § 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney S...

Excerpt: ...nville, California, on December 6, 2019. Petitioner Mustafa Ayubi, was driving for rideshare application Uber. Petitioner and his passengers, Chandima Fernando and Avanthi Bandarnaike, were injured in the accident. Other involved drivers include Antoinette Chavez‐Jesus (an Allstate insured) and Kathleen McElroy (a Nationwide insured). Petitioner and his passengers pursued bodily injury claims against Chavez‐Jesus, which resulted in a settleme...

Excerpt: ...aintiffs”). The MSA is opposed by the defendants/respondents, San Joaquin County Emergency Medical Services Agency and the County of San Joaquin (collectively, “Defendants”). The Court previously denied Plaintiffs' MSA in November 2021. In bringing the renewed MSA, Plaintiffs contend that City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010 (“Oxnard”), which was decided after this matter was submitted and finalized after the C...

Excerpt: ...is case involves the personal injury and eventual death of Ms. Loyola Meagher (hereinafter “Loyola”), who was an elderly woman who suffered a stroke in August 2017. On September 12, 2017, after a stay at John Muir Medical Center, she was placed in the care of defendant, Manor Care of Walnut Creek, LLC (“Manor Care”) for rehabilitation and skilled nursing services. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” ...

Excerpt: ...m breach of a home equity line of credit originally issued by National City Bank. Defendants answered, generally denying that any debt is owed and asserting various affirmative defenses, including that the complaint is barred by the statute of limitations and Piedmont violated the Fair Debt Buying Practices Act. Defendants also filed a cross‐complaint against Piedmont to redress its debt collection practices. The material facts are largely undi...

Excerpt: ...breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The complaint was filed March 9, 2021, initially as a class action. PAGA claims were added by a First Amended Complaint May 20, 2021, and the Court approved dismissal of the class and individual claims on June 7, 2021. The total settlement payment is $170,000. This is composed of attorney's fees of $56,666.66 (one‐third of the recovery), a ceiling on litigat...

Excerpt: ...(2) negligent hiring, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/08/2022 supervision & retention, and (3) elder abuse – neglect. Defendants demurrer only to the third cause of action for elder abuse – neglect. Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Allegations in the Complaint Bay Medic is a medical transport service. Since 2022, Bay Medic has reduced its fiel...

Excerpt: ...ful death, (2) wrongful death based on negligent supervision, training discipline and retention, (3) Bane Act, and (4) negligent infliction of emotional distress. Negligent Hiring, Supervision, Training and Retention (C/A 2) and Bane Act (C/A 3) The Court previously found that Plaintiffs had not stated a claim as to negligent hiring, supervision, training and retention and as to the Bane Act claim. The Third Amended Complaint does not change the ...

Excerpt: ...misrepresentation, (3) intentional misrepresentation, (4) fraud, (5) negligence, (6) implied indemnity, (7) equitable indemnity, (8) comparative indemnity, (9) contribution, (10) declaratory relief, (11) violation of prompt payment act, (12) common counts—money paid, (13) quantum meruit, and (14) alter ego liability. Cross‐Defendant demurs to Cross‐Complainant's fifth, sixth, seventh, eighth, ninth, and tenth causes of action pursuant to Co...

Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods (all primarily based on off‐the‐clock work), and waiting time and wage statement claims. The settlement would create a gross settlement fund of $726,600. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $242,000 (one‐third of the settlement). Litigation costs a...

Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, unreimbursed business expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $224,400. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $74,800 (one‐third of the settlement). Litigation co...

Excerpt: ...ciated with replacing an electrical pole that was struck by a vehicle driven by defendant Sofia Mirella Madruga on June 10, 2017. (Separate Statement of Undisputed Material Fact, hereinafter “SSUMF,” Fact Nos. 1, 5, and response.) PG&E filed this action on October 1, 2020, alleging three causes of action against defendant: (1) negligence, (2) negligence per se, and (3) trespass. PG&E claimed it was entitled to “compensatory damages accordin...

Excerpt: ... (1) Plaintiff was never employed by Shannon B. Jones Law, Inc.; (2) Based on after‐acquired evidence, Plaintiff cannot establish her constructive discharge claim; (3) Plaintiff cannot sustain her constructive discharge claim, independent of after‐acquired evidence; and (4) Plaintiff's intentional infliction of emotional distress claim is subject to the exclusivity remedy of the Workers' Compensation Act. Defendants Shannon B. Jones Law Group...

Excerpt: ...filed by October 15, 2022. Background On December 6, 2021, Defendants Jeremy D. Williams, Raymond Landry, and Synthia Jones‐Clark ("Cross‐Complainants") filed a cross‐complaint naming as cross‐defendants plaintiffs Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, who is now deceased, and William Simpich, who is counsel for the Plaintiffs and other named CrossDefendants. On January 11,...

Excerpt: ... documents and witnesses. Defendant Karen Moroz objects to the motion to consolidate arguing that “Plaintiffs' 2019 Action is not pending before the Court.” (Objection at 1:28‐2:1.) Factual Background: Plaintiffs filed the instant case in December 2019. A First Amended Complaint (“FAC”) was filed on May 4, 2022. The FAC alleges five causes of action: (1) strict liability; (2) negligence; (3) intentional infliction of emotional distress;...

Excerpt: ...) nuisance. (The caption of the Complaint references a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Defendant moves on the grounds that the HOA is entitled to make decisions SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 09/02/2022 15 regarding landscaping under the Conditions, Covenants, and Restrictions (CC&R's) of the HOA, that the HOA's dec...

Excerpt: ...round Plaintiff Todd Alden Whitacre was a pump man aboard the tanker ship SLNC PAX for just under four months. (First Amended Complaint, also referred to herein as “FAC,” 2:19‐22.) Over two days, November 26‐27, 2018, plaintiff dried out the pumproom. The next day he called the medic and complained of irregular heartbeats. (FAC, 5:19‐23.) Plaintiff wrote an official ship statement after the cleaning operation, stating he "felt wobbily [...

Excerpt: ... First Cause of Action, and is otherwise overruled. Defendants shall file an answer to the Third Amended Complaint on or before September 22, 2022. The basis for this ruling is as follows. A. Plaintiffs' Evidentiary Objections. Plaintiffs' evidentiary objections, filed with plaintiffs' opposition memorandum on August 22, 2022, are overruled. The Court may take judicial notice of court filings and orders that are pertinent to defendants' res judic...

Excerpt: ...aintiff shall file and serve any amended complaint on or before September 22, 2022. Background Plaintiff Edgar Wilson alleges that on July 10, 2020, he was assaulted by Michael Roberts Construction, Inc.'s employee, Defendant Juan Miguel Medina, when he went to retrieve his paycheck from Defendant Michael Roberts Construction. Demurrer Pursuant to Code of Civil Procedure § 430.10(e), Defendants Michael Roberts Construction, Inc. (“MRC”) and ...

Excerpt: ...h, are deficient because they (i) fail to state facts sufficient to constitute a cause of action under section 425.10(e) of the Code of Civil Procedure (“CCP”) and (ii) are uncertain under section 425.10(f) of the CCP. Plaintiffs Alexander Katz (“Alexander”) and Julia Mirman (“Mirman” (collectively, “Plaintiffs”) oppose. (The Court notes here that the decedent and Alexander share the surname Katz. Accordingly, for the sake of clar...

Excerpt: ...wages and overtime, failure to reimburse business expenses, and cascading derivative violations. The total settlement payment is $215,000. This is composed of attorney's fees of $71,666.66 (one‐third of the recovery), $12,829.83 in litigation costs, and up to $4,500 in costs to the settlement administrator (Phoenix). PAGA penalties of $126,003.51 would be apportioned 75% to the LWDA SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA...

Excerpt: ...rest; (3) the party conferred a significant benefit, whether pecuniary or nonpecuniary, on the public; and (4) the necessity and financial burden of private enforcement makes an award appropriate. (1) Prevailing Party The Real Party in Interest prevailed in the case. A Real Party in Interest is eligible for fees as a prevailing party, if it meets the other statutory criteria. (Early v. Becerra (2021) 60 Cal.App.5th 726, 736.) (2) Public Interest ...

Excerpt: ...the submission of the motion, the parties submitted a declaration pursuant to Rule of Court 3.770 There are two claims against the State defendants in the Third Amended Complaint. The First cause of action is for violations of Education Code section 56000 (right to a Free and Appropriate Education), and alleges that the plaintiffs “suffer, will suffer, or have suffered, irreparable harm, including substantial losses of educational opportunities...

Excerpt: ... a motion for summary judgment. ProWest then made a Code of Civil Procedure section 998 offer for $159,000. Ultimately, the offer was accepted. Elite was a subcontractor of ProWest. Elite demanded payment, including from the surety, and was not paid. Elite filed a mechanics lien and subsequent suit. It filed a motion for summary adjudication. In addition, the property owner (San Ramon Owner) filed an action against ProWest, which resulted in ProW...

Excerpt: ...of 5 Mile Road, which is located in El Dorado County. The accident occurred when Defendants vehicle made a left turn across US‐50, in front of Plaintiff's vehicle, resulting in a collision. Emergency medical attention was performed on location and at a local hospital in El Dorado County, and one of the Plaintiff was airlifted to a hospital in Placer County. Both Defendants are residents of Contra Costa County. All five Plaintiffs are residents ...

Excerpt: ...mation. As the Assembly Committee on Health stated in describing section 1280.15: CMIA prohibits, with exceptions, health‐care providers . . . from disclosing medical information . . .. CMIA does not address “access” which could involve an individual “snooping” at a patient's records without a healthcare related or other legally authorized purpose, but who does not disclose or otherwise use the medical information. In Regents of Univers...

Excerpt: .... (Compl. ¶ 2.) She filed her complaint initiating this action on April 7, 2021, alleging a single cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA") for violation of Labor Code section 2751(a). The complaint alleges that Broker violated Labor Code section 2751(a) by its failure to include or disclose its "lean in" policy affecting the employees' commissions. Defendant Broker filed its answer to the ...

Excerpt: ...evant, false or improper matter" or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Like a demurrer, the grounds for a motion to strike must appear on the face of the pleading or be based on a matter subject to judicial notice under Evidence Code sections 450‐453. (Code Civ. Proc. § 437(a) and (b).) "A motion to strike, like a demurrer, challenges the legal sufficiency...

Excerpt: ...orandum on July 6, 2022, are overruled. This evidentiary ruling, however, is not dispositive of defendant's motion; the Court would have issued the same ruling if defendant's evidentiary objections had been sustained. A‐2. Defendant's Verified Answer. In paragraphs 15 and 20 of the Verified Amended Complaint, plaintiffs allege as follows: 15. Notwithstanding the apparent transfer of the real property in Contra Costa County leased to Plaintiff J...

Excerpt: ...ord shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Facts On or about June 30, 2015, landlord and tenant, Fitness International, LLC (“Fitness International” or “tenant”) entered into a commercial lease (“Lease”) for 5001 Lone Tree Way, Antioch, CA 94509 (the “Premises”). (SSUMF, Fact No. 1 and response.) The Lease has a term of 19 years, with the option to extend ...

Excerpt: ...laint This is an action for breach of lease and related torts. Plaintiff Noble Learning Academy (NLA) is a middle school owned and operated by plaintiffs Cassondra Hull and Mark Hull (the Hulls). On or about March 18, 2021, Cassondra Hull (Hull) asked defendant Walnut Creek Presbyterian Church (WCPC) whether NLA could rent space at WCPC's facility for the 2021‐2022 academic year. The parties discussed the proposal in a series of email messages ...

Excerpt: ...urt on July 11, 2022. Statement of Facts: On January 14, 2020, Petitioner entered a plea of Nolo Contendre to one count of violation of Vehicle Code section 20001(a) (“Section 20001”), “Hit And Run Resulting In Death Or Injury Felony.” (AR 33‐34.) The plea had the same effect as a guilty plea. (Ibid.) The imposition of a sentence was suspended. (AR 31, 33‐ 34.) Petitioner was, however, placed on formal probation for five years, on ter...

Excerpt: ...e near Edward Avenue in the City of Pittsburg when a vehicle driven by defendant Mikenya Moss struck him. (FAC ¶ 10.) Plaintiff alleges the City controls and maintains the road where Plaintiff was struck. (FAC ¶ 7.) After the Court sustained a demurrer by the City of Pittsburg ("City") to Plaintiff's original complaint, Plaintiff filed his FAC alleging a first cause of action for dangerous condition of public property against the City under Gov...

Excerpt: ...of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the “Property”). (SAC ¶3, Ex. A.) In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice (“RJN”), Ex. B.) In October 2004, Plaintiff obtained a home equity line of credit in the maximum amount of $100,000 from E‐Loa...

Excerpt: ...ivil), (5) intentional infliction of emotional distress, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that the TAC fails to allege facts sufficient to support a finding of foreseeability required to impose a duty on Defendant Tankersley. The Court previously continued the hearing on this matt...

Excerpt: ...oss‐Complaint filed 7/7/20 by H. Max and Renee Peyvan (“Peyvans”), (3) the Second Amended Cross‐ Complaint filed 8/11/20 filed by Ali Hassan and others (“Hassan”), (4) the First Amended Cross‐Complaint filed 8/4/20 filed by Inga Stiles, (“Stiles”) and (5) the Second Amended Cross‐Complaint filed 12/4/20 filed by Massoud Fanaieyan (“Fanaieyan”). (The Krabers, Peyvans, Hassan, Stiles and Fanaieyan are collectively referred t...

Excerpt: ...ence with contract, (2) interference with prospective advantage, (3) conversion, (4) statutory theft, (5) unfair competition in violation of business and professions code section 17200 (“UCL”), (6) unfair competition in violation of common law, (7) misappropriation of trade secret, (8) breach of fiduciary duty, and (9) breach of oral contract. For the following reasons, the Motion is continued to allow time for corrected briefing of this matt...

Excerpt: ...s as follows: (a) PSG's motion to strike is denied in part, and denied in part as moot as set forth below; (b) Gamma Defendants' motion to strike is denied in part,, and denied in part as moot as set forth below, and granted in part only as to Prayer for Relief paragraph 2; and (c) PIIC's motion to strike is denied in part, and granted in part, as detailed in the ruling below. Legal Standards Applicable to Motion to Strike The Court may strike al...

Excerpt: ...mily residence located in Orinda. Plaintiffs allege that from the time they moved into the premises, the property had issues with mold. (FAC ¶ 7.) They allege Lewis informed them of the mold, but that Plaintiffs attempted to address the mold with bleach and cleaning. (FAC ¶ 7‐10.) They allege that after the COVID‐ 19 pandemic began, the Plaintiffs suffered income loss and began to fall behind in their rent payments in May 2020 (or in late 2...

Excerpt: ...URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 08/25/2022 decision Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). Opposing the MTC, Ely contends (1) that the arbitration agreement in this case is materially different from the one at issue in Viking, such that Viking does not control the outcome here; and, (2) that WCA waived its right to seek arbitration in this matter. Requests for Ju...

Excerpt: ...). Each case alleges that defendant has violated various wage & hour requirements of the California Labor Code, and sues under the Private Attorneys General Act. On July 10, 2022, the Chief Justice, acting as Chair of the Judicial Council, assigned the determination of the petition to the Contra Costa Superior Court. On July 27, 2022, the Presiding Judge of this Court assigned this Court as the Coordination Motion Judge. Pursuant to Rule of Court...

Excerpt: ...as 119 Bunce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltzes' property, located at 113 Bunce Meadows Drive in Alamo. The Kiltzes' predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhanging on the Wickersham property. Plaintiffs allege the overhanging branche...

Excerpt: ...(collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Thereafter, Defendant removed him as manager of the other LLCs. 0n November 17, 2021, Defendant Olawa, LLC's counsel informed Oura's...

Excerpt: ... Plaintiff and Jamison‐Pratt. Plaintiff Linton McNeal (“Plaintiff” or “McNeal”) objects to this Motion on several grounds. For the following reasons, the Motion is granted. Judicial Notice Defendant requests judicial notice of its verified answer to Plaintiff's Third amended Complaint; Counterclaim and Cross‐Claim in Interpleader filed on May 6, 2022 as well as Plaintiff's answer to Protective's Counterclaim and Cross‐Claim in Inter...

Excerpt: ...er, for the wrongful death of her son, Ivan Stepkin (“Stepkin”). On November 20, 2020, Stepkin was killed in a motor vehicle accident with Defendants K Double H Transportation, Inc. (“KDH”) and its driver Kendall Harlan Hisey (“Hisey”). AAS had arranged for KDH to transport a vehicle for its customer, Justin Salter (“Salter”). Plaintiff's motor vehicle cause of action alleges an agency relationship among the defendants. Plaintiff'...

Excerpt: ...ified School District to teach at Pinole Middle School (the “School”) in 2004. Uribe began to sexually groom Plaintiff during his 8th grade school year. Uribe spent an abnormally large amount of time with Plaintiff and his friends, and showed obvious favoritism toward Plaintiff. This included picking up Plaintiff from school, taking him to movies, and to get pizza, among other things. All of the actions taken by Defendant SUPERIOR COURT OF CA...

Excerpt: ...��Defendants” or “Venhaus”)'s motion for judgment on the pleadings (“Motion” or “MJOP”). The MJOP relates to Plaintiff Matthew Horner, in the Capacity of Trustee of the Carl J. Garrett and M. Ann Garrett Family Trust as Successor in Interest for Former Carl Garrett (“Plaintiff” or “Horner”)'s Fifth Amended Complaint (“5thAC”). The 5thAC alleges five causes of action for (1) elder abuse; (2) negligent breach of fiduciary ...

Excerpt: ...oss Defendant is Vila Construction Co. (Vila). Defendants are DTR Asset Management, LLC (“DTR”) and Randy Wilcox, dba Oliver's Towing. CrossComplainants are DTR and Oliver's Tow, Inc. Vila filed the operative second amended complaint (“SAC”) on September 14, 2021. Vila alleges two construction contracts between Randy Wilcox as “Owner” and Vila Construction as “Contractor.” The first contract, dated August 21, 2019 and titled “AI...

Excerpt: ...Alamo. Defendants/Cross‐Complainants Kathryn Martin and David Kurtzman are husband and wife who, just before the incident, adopted rescue dog, Sergio, from Cross‐Defendants Intermountain Mutts and Teresa Lynn Howden (collectively, “IMM”). Martin and Kurtzman were walking Sergio when they encountered Darlene Sinclair and her granddaughter, Plaintiff Jane Sinclair. Sergio unexpectedly pulled his leash from Martin's hands and sprang at Jane ...

Excerpt: ...ic nuisance. Also before the Court is Defendant's Motion to Strike Portions of Plaintiff's Complaint. Defendants' Demurrer is sustained with leave to amend as detailed below. Defendants' Motion to Strike is granted with leave to amend. Summary of Allegations Plaintiff and her boyfriend checked into the Crowne Plaza Concord (the “Hotel”) on December 31, 2018, and were assigned to room 329. On the morning of January 1, 2019, Plaintiff awoke wit...

Excerpt: ...es. On June 9, 2022, non‐party Guidiville Rancheria of California filed opposition papers. On July 26, 2022, non‐party Upstream Point Molate, LLC filed opposition papers. In doing so, Guidiville and Upstream both purported to be making special appearances in this action. The Court finds that these opposition papers are technically improper. The Court is not aware of legal authority allowing anyone to make a special appearance in a Superior Co...

Excerpt: ...aring. On December 6, 2018, Judge Austin granted Defendant's motion to set aside the default and gave Defendant until December 13 to file the responsive pleading attached to the motion (a motion to quash). In that ruling, Judge Austin granted Plaintiff's request for discovery but “limited to only the issues of personal jurisdiction identified in [that] ruling.” Defendant filed a motion to quash on December 13, 2018. The parties then stipulate...

Excerpt: ...s Chance Davis (“Davis”), Tonique Davis, and West Contra Costa Unified School District (the “District”) on January 24, 2020. Plaintiff alleges he was assaulted by classmate Davis while a student at Dover Elementary School. Plaintiff alleges the District took no action to control Davis or to protected Plaintiff. On February 14, 2022, the court set a Case Management Conference (“CMC”) for May 16, 2022. On SUPERIOR COURT OF CALIFORNIA, C...

Excerpt: ... Perisin and Placido Martinez, Jr. collectively demur to the Third Amended Complaint (“TAC”) filed by plaintiff, Island Breeze Systems CA, LLC. They also move to strike portions of the TAC. As discussed below, the demurrer is sustained as to third and fifth causes of action, with leave to amend, and otherwise overruled. The unopposed motion to strike is granted for the reasons stated in the supporting memorandum of point and authorities. Any ...

Excerpt: ...leadings are directed to the sound discretion of the court. “The court may…in its discretion, after notice to the adverse party, allow upon any terms as may be just, an amendment to any pleading…” (Code of Civ. Pro. § 473.) At any time before or after commencement of trial, the court may allow an amendment to a pleading in furtherance of justice. (Code Civ. Proc., § 576; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) “There is a...

Excerpt: ...�MBUSA”) manufactured or distributed the Vehicle. (Yeh's husband, David Chin, is also a plaintiff.) Plaintiffs complained of numerous defects with the vehicle, including defective windshield wipers, steering column, electrical issues, defective software and vehicle shutoff. MBUSA refused to repurchase the vehicle. Plaintiff filed this action for violation of the Song‐Beverly Consumer Warranty Act, Failure to Commence Repairs within a Reasonab...

Excerpt: ...end. Pacheco and Mejia contend that Pena sexually harassed Pacheco while the two worked together at Mechanic's Bank. Pena filed this action against Mejia on February 1, 2021. Pena alleges Mejia subjected him and his family to harassment that included threats of physical violence. The harassment included frequent, vulgar and threatening calls and text messages. Mejia allegedly posted flyers in Pena's neighborhood (and on Nextdoor.com) accusing Pen...

Excerpt: ...in the Capacity of Trustee of the Carl J. Garrett and M. Ann Garrett Family Trust as Successor in Interest for Former Carl Garrett (“Plaintiff” or “Horner”)'s Fifth Amended Complaint (“5thAC”). The 5thAC alleges five causes of action for (1) elder abuse; (2) negligent breach of fiduciary duty; (3) fraud; (4) breach of contract; and (5) abuse of process. Defendants' Motion is directed towards the fifth cause of action for abuse of proc...

Excerpt: ... Civil Code section 1021.5. Real Party requests a total fee award of $1,191,967.30 (which includes a 1.5 multiplier.) Under section 1021.5, a court may award fees to a party where (1) the party was successful; (2) the party enforced an important right affecting the public interest; (3) the party conferred a significant, whether pecuniary or nonpecuniary, on the public; and (4) the necessity and financial burden of private enforcement makes an awa...

Excerpt: ...a portion of the "‘ten‐foot wide paved service road,' commonly referred to as the Delta de Anza Trail,” his front bicycle tire became perilously lodged in a gap between concrete slabs of the paved road. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' bicycle suddenly and uncontrollably stopped, and simultaneously, ejected him forward over the handlebars head‐first into the concrete pavement. Mr. G...

Excerpt: ...information and makes its final ruling. (Part II.) I. Initial Tentative Ruling A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This...

Excerpt: ... and found a 2018 Kia Stinger, VIN: KNAE15LA3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐ Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff discovered th...

Excerpt: ...ruled as to the Eighth Cause of Action for violation of the Unfair Competition Law. The demurrer is sustained without leave to amend as to all of the remaining causes of action that are the subject of the demurrer: the Second, Third, Sixth, Seventh, and Ninth through Twelfth Causes of Action. CCI shall file an answer on or before August 26, 2022. The basis for this ruling is as follows. 2nd C/A. The Second Cause of Action is for breach of the imp...

Excerpt: ...p, took him to the ground and tased him (twice). After a jury trial, the jury found for defendants on each cause of action. More specifically, Smith moves that the Court grant partial judgment in his favor on his claim for Battery and his claim under the Bane Act., on the ground that there is no substantial evidence to support the jury's verdict on either of these two claims. Facts: Parsley observed Smith driving too fast and recklessly through a...

Excerpt: ...d and Settlement Terms The original complaint was filed by Davis, Nelson‐Stark and Riley on March 29, 2019, under PAGA only, alleging only a claim for failure to provide suitable seating. On May 15, 2019, Clark filed a class action alleging various violations of wage and hour requirements, as well as a suitable seating claim. On January 3, 2020, Clark filed a First Amended complaint also adding a PAGA claim. That matter was removed to federal C...

Excerpt: ...he Motion is denied. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression sprinkler system for their residence which they built on their property located at 2 Crane Court, Orinda, California (the "Property"). (Cross‐Def. RJN Exh. 1 [First Am. Compl. ("FAC") ¶¶ 14‐16, 81‐83].) They allege the sprinkler system leaked and caused water damage to th...

Excerpt: ...qued) and October 22, 2021 (Defendant Ernesto Baniqued.) Defendants filed an Answer on November 18, 2021. A further filing, captioned Reply to Financial Elderly Abuse Sum of Money Restitution of Sale and Damages, was filed by Defendants on January 1, 2022. Thereafter, on July 5, 2022, Defendants filed the instant Motion to Dismiss. Plaintiff filed her opposition on July 28, 2022. Then, on August 1, 2022 Defendants filed an amended answer. Analysi...

Excerpt: ... 452(h).) Factual Background: Plaintiff Patrick Humphreys (“Plaintiff”) worked for Defendant Total‐ Western, Inc. (“Defendant”) from approximately November 2020 through March 1, 2021. He was a non‐ exempt Laborer, and a union employee. During his employment, Plaintiff was a member of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1945 (the “Union�...

Excerpt: ...nt's medical center. Plaintiff alleges that she fell because of a “hole” in the parking lot asphalt. Plaintiff alleges that she was discharged from the hospital at approximately 4:35am, and that it was dark out when she walked outside. Plaintiff alleges that she did not see the hole while traversing the parking lot. Plaintiff alleges two causes of action against Defendant: negligence and premises liability. SUPERIOR COURT OF CALIFORNIA, CONTR...

Excerpt: ...nfer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) §430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP §430.41(a)(2).) The meet and confer “shall” include a discussion of the lega...

Excerpt: ...t her in a dispute involving a neighbor's claim of access rights across her property. After a dispute arose concerning Petitioner's opinion that she was being overcharged, the Parties attended mandatory fee arbitration before the State Bar of California. An arbitration hearing was held on February 2, 2022, with a binding award (the “Award”) being issued on or about February 23, 2022. Petitioner filed the instant petition to correct or vacate ...

Excerpt: ...osition in this case, but defendant has objected, so plaintiff will need to get the identical information in this case or obtain the stipulation of defendant to withdraw defendant's objections.” The parties have stipulated to allow the use of pleadings, deposition transcripts and declarations from MSC17‐00805 (Amicus Wine Holdings v. Murphy) and MSC 18‐00898 (Verlander v. Murphy). (Plaintiff's ex. AA.) The continuance also allowed for suppl...

Excerpt: ...ach held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% by Patel and 50% by Dr. John Ganey. Sirott and Robles owned the other 50% of 400 Taylor LLC. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. There had been a vacant suite at th...

Excerpt: ...y and Yagya Shrestha, individually, and as members of the Nepali Association of Northern California (“NANC”). NANC is an entity organized as a California non‐profit corporation as specified in Section 501(c)(3) of the Internal Revenue Code. The objective of NANC is to promote and preserve Nepali cultural traditions and identity by promoting Nepali cultural and social events. Defendants are Ishwar K. Situala, Kalaish Thapa, Yagya Nepal, Kill...

Excerpt: ...o properly meet and confer as required by California Code of Civil Procedure (“CCP”) §430.41(a).) The Parties appear to have taken that order to heart, and extensively met and conferred on the numerous issues originally raised in Defendants' demurrer. Accordingly, the Parties were able to agree on a number of issues and considerably limit the scope of the demurrer. As a result of the meet and confer, the Parties agreed to remove the followin...

Excerpt: ...art LLC (collectively “Plaintiffs”) which alleges a single cause of action for Breach of Contract. For the following reasons, the Motion for Summary Judgment is granted. Factual Background The Tait Plaintiffs purchased real property located at 150 Hill Road in Danville, California (the “Property”) in June 2016. (Undisputed Material Facts (“UMF”) No. 1.) In connection with the purchase of the Property, Plaintiffs purchased an ALTA Home...

Excerpt: ...ners") against the California Department of Toxic Substances Control ("DTSC") and California Environmental Protection Agency ("CalEPA") as Respondents. HRP Campus Bay Property, LLC ("HRP" or "Developer") is named as the lead Real Party in Interest, in addition to other several other entities which have not appeared. Petitioners dismissed real party in interest Zeneca, Inc. For the reasons set forth, the Court requests further briefing on certain ...

Excerpt: ...by Defendants Willow Pass One, LLC (“Willow Pass”) and David Feng (“Defendants”). For the reasons set forth below, Plaintiff's Motions are granted. The parties are required to appear to discuss issues related to a continuance of the trial date. Procedural Background Plaintiff filed its original Complaint on February 7, 2019, alleging a single cause of action for breach of contract related to a lease it entered into with Defendant Willow P...

Excerpt: ...exceed the usual page limitations, but the parties are reminded that concise briefing is often more persuasive briefing. The parties shall provide the Court with properly tabbed courtesy copies of all papers filed pursuant to this order. Defendant's motion to dismiss is based on the nominal transfer of the subject parcels of real property from defendant RM 15 Safe Corp to nine, non‐party LLCs. (See Defendant's RJN, Exhs. “B” through “J”...

Excerpt: ... the District's findings are not supported by the evidence. The writ asks the Court to “set aside the findings and sanctions … and order no further administrative action.” (Pet. Brief ISO Writ 20:27‐21:1.) The District opposes. The prayer for relief does not include a request that the Court reverse, set aside, or otherwise take action with respect to an expulsion or specific punishment. Preliminary Matters Request for Judicial Notice Doe'...

Excerpt: ...responsive declaration to the order to show cause and good cause not having been shown. (Minute Order.) The case was dismissed with prejudice following Plaintiff's failure to appear at a hearing regarding failure to prosecute and serve defendants. (Minute Order.) The unopposed Motion to Set Aside Dismissal is granted pursuant to the mandatory relief provisions of CCP § 473, subdivision (b). Plaintiff's Counsel is hereby directed to pay an award ...

Excerpt: ... and rejection of a government claim prior to commencing suit. The City's request for fees pursuant to Code of Civil Procedure section 1038 is granted in the amount of $9,400 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 07/29/2022 against plaintiff herself. The motion for sanctions against counsel is also granted. Plaintiff's counsel, California Trial Law Group, PC, shall be jointly liable for the abo...

Excerpt: ...laintiffs”) claim general and compensatory damages, punitive and exemplary damages, prejudgment interest, and costs of suit after Ms. Lynch was allegedly injured by Karen Moroz's (“Defendant”) pet dog. (First Amended Complaint (“FAC”) at 7:4‐10.) “This is not a dog‐bite case.” (FAC at 3:4.) This is a large, clumsy dog offleash case. (FAC at 3:6.) Defendant owns a large, 5‐year‐old dog named “Vera.” (FAC at ¶7.) Vera, a ...

Excerpt: ... father of Teodulo Tovar) died as a result of the accident. The accident occurred when Teodulo Tovar, JR (“Tovar”) drove off Highway 101 and into a construction area next to the highway. Tovar drove into an excavation that was part of the construction. The accident occurred at around 11 a.m. on a Saturday. At the time of the accident Tovar was an unlicensed driver. He had consumed large qualities of alcohol the night before and had consumed t...

Excerpt: ...ong Bancroft Road in Walnut Creek, California when she struck Plaintiff Togtokh Oyuntseren (“Plaintiff”) who was riding his bicycle along the Contra Costa Canal Trail where it crosses Bancroft Road. On January 4, 2018, Mr. Souja purchased the Subject Vehicle from CarMax Auto Superstores California, LLC, by entering into a Retail Installment Contract. (Undisputed Material Facts (“UMF”) No. 3.) Mr. Souja was the registered owner of the Subj...

Excerpt: ...41. Petitioner has responded with broad‐based “objections” to the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 07/28/2022 7 motion, most of which generally assert that she is the prevailing party, which is not disputed. For Line 5, Service of process, Eve Howard points out that there actually were other defendants, Paula Howard, Nicole Bradford, LeAndre Anthony Brown and Ryan Neal Brown who were...

Excerpt: ...Plaintiff alleges she attended an event at the winery operated by Campos on October 25, 2019. She alleges she tripped and fell while leaving the property and sustained physical injuries. Her Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 07/27/2022 asserts causes of action for negligence and premises liability. Plaintiff seeks leave to file a proposed First Amended Complaint ("FAC") alleging a...

Excerpt: ...siblings who inherited four parcels of property in Contra Costa County upon the death of their mother in 2002. The properties are a commercial property at 1031‐1041 Blackwood Lane, Lafayette (“Lafayette Property”) and a residential property at 3343 Freeman Road, Walnut Creek (“Walnut Creek Property”). Plaintiff and Defendant each own an undivided onehalf interest in the properties. The parties agreed to that rents from the Lafayette Pro...

Excerpt: ...n pedestrian access between Glen Road and Happy Valley Road to hose persons, if any, who held easements of record granting them such access before S‐3 was approved and that S‐3 did not create in favor of members of the general public, a private right‐of‐way easement, or grant rights of any kid, allowing members of the general public access across the Dips.” (SAC ¶ 26.) Statute of Limitation and Writ Arguments The City argues that chall...

Excerpt: ...17, 2018, she was violently struck by the parking control arm/barrier as she walked into the parking garage located at the Broadway Plaza Shopping Center in Walnut Creek. The facility was equipped with a standard parking system guarded by a barrier arm to control entry and exit points of the garage. (UMF No. 2.) Plaintiff brought this action against the manufacturer of the parking arm and the parking facility. Plaintiff filed this action for prem...

Excerpt: ...at defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to , maintain required records, failure to reimburse employee expenses, waiting time, and wage statement claims. On March 19, 2021, the court signed a stipulated order dismissing Plaintiff's class allegations without prejudice. The parties' moving papers state that a First Amended Complaint would be ...

Excerpt: ...violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $571,666.66 (one‐third of the settl...

Excerpt: ...heir petition they shall notify all parties in writing by August 11, 2022. On June 30, 2022 the Court gave the State Defendants until August 5, 2022 to file their answer. The date is no longer practical and is vacated. If Plaintiffs do not amend their petition, the State Defendants now have until August 25, 2022 to file and serve their answer. If Plaintiffs amend their petition, the State Defendant's time to file and serve a responsive pleading s...

Excerpt: ...rules as follows: (a) general demurrers to 2nd, 7th, 8th, 9th, 10th, 15th, 16th, 17th, 19th, 20th, 21st, 21stA, 24th‐28th C/As – sustained with leave to amend; (b) general demurrer to 14th C/A – sustained, without leave to amend; (c) general demurrer to 29th C/A – sustained, without leave to amend, and without prejudice to Plaintiff filing a petition in probate; (d) general demurrers to 1st, 3rd‐5th, 11th‐13th, 18th, 22nd, and 23rd C/...

Excerpt: ...have been a result of the photograph quality along with the complaint being scanned to be filed electronically. Starting July 5, 2022, attorneys are responsible for scanning their documents and having them filed electronically. When amending their complaint Plaintiffs can ensure that the photographs attached to the first amended complaint are sufficiently clear. Defendants demur to each cause of action based on the failure to state facts sufficie...

Excerpt: ...entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Complainant also demurrers to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e)), and they are uncertain (CCP §431.10(f).) For the following reasons, Cross‐Defendant's demurrer is sustained. Cross‐Complainant is granted SUPERIOR COUR...