Excerpt: ... before May 2, 2019. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/18/19 NOTE: CALENDAR WILL NOT START UNTIL 9:15 A.M. ‐ 2 ‐ Background During the four years preceding this complaint, Digna Ramos was employed by Defendants as a caregiver in Defendants' care homes for the elderly in the Contra Costa County. Plaintiff brings this class action lawsuit against Defendants pursuant to CCP § 382, on behalf of hers...

Excerpt: ...5, 2019. Background The FAC alleges that Chris Donati made a first settlement agreement with an entity called “Ignite Farms 1” and a second settlement agreement with an entity called “Ignite Farms 2.” Donati then assigned his rights under the settlement agreements to plaintiff Sun Beef, LLC. Subsequently, the agreements were breached and over $1.5 million was not paid. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPT. 21 ...

Excerpt: ...rcotte (“Marcotte”), is a small property management company, providing on‐site management services to seven apartment complexes in the East Bay. (Fact 1 – Undisputed) Plaintiff Julie Aiello (“Aiello” or “Plaintiff”) worked at various MDC properties as an on‐site property manager, commonly called a “Community Director,” during her period of employment from 1993 until her “separation” in 2017. (Fact 2 – Undisputed) For t...

Excerpt: ...h evidentiary matters. There is very little actual evidence presented on this motion, and no testimony at all from either side. Robinson complains that the “statement of relevant facts” found in LBG's opposition brief is not evidence but only assertions of counsel, which is quite true. But Robinson's own motion papers are likewise unsupported by anything like a declaration or other detailed evidence. His opening brief supports its factual ass...

Excerpt: ...resenting himself. Plaintiff alleges that defendant Konstantine Demiris and Demiris' law firm negligently represented plaintiff in probate litigation over a relative's trust by failing to oppose the appointment of a particular trustee; failing to advise plaintiff to offer a meaningful settlement at mediation; failing to challenge the validity of the trust; failing to file a cross‐complaint for elder abuse; failing to advise that plaintiff had t...

Excerpt: ...ourt previously sustained a demurrer by Defendants to Plaintiff Ali Rezapour and Plaintiff Aurora Rezapour (collectively, “Plaintiffs”)'s Second Amended Complaint without leave to amend. That Demurrer came on for hearing on August 20, 2018; at the hearing, the Court affirmed its tentative ruling sustaining the demurrer to the Second Amended Complaint without leave to amend. Plaintiffs filed a notice of appeal of that order on September 28, 20...

Excerpt: ...corresponding legal discussions for several of his causes of action. Not to be outdone, Defendant provided no legal citations in his opposition. There are triable issues here as to the amount of damages. Plaintiff says in his declaration that he paid a total of $97,538.39 to the Defendants. (Silveira Decl. ¶5.) Plaintiff included a document, which includes the dates that he said he made the payments, but it is not clear when the document was cre...

Excerpt: ...ion for summary judgment/adjudication on the grounds: (1) it acted reasonably in its design of the Genie Pro‐Tech Scaffold, meeting all applicable industry standards and regulations, and is therefore not liable as a matter of law and (2) Genie met its standard of care in designing and distributing the Genie Pro‐Tech scaffold and is therefore not negligent as a matter of law. “[A]” product is defective in design either (1) if the product h...

Excerpt: ...ary Adjudication filed January 15, 2019 (“2019 MSA”). The Sanctions Motion seeks “at least $10,000 in sanctions from Plaintiff and his attorneys jointly.” MPAs at 10:9‐10. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/11/19 ‐ 3 ‐ Although the caption of the motion seeks dismissal of Plaintiff's motion for summary adjudication, there does not appear to be any such request in the briefing itself. The...

Excerpt: ...fferent facts, circumstances or law required by CCP Section 1008. The new declaration by Mr. Garcia states, in relevant part: 1. I previously executed a declaration on December 19, 2018, a copy of which is attached hereto as Exhibit F. In doing so, I intended to communicate that I was not previously served with Exhibits A‐E (Statements of Damages) to the Declaration of Mario Rosales, dated December 18, 2018, copies of which are attached hereto....

Excerpt: ...alth care provider for sexual battery would not, in most instances, fall within the statute because the defendant's conduct would not be directly related to the manner in which professional services were rendered.” (Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal.4th 181, 192.) The Court finds this general rule applicable to defendants. The Cooper decision on which defendants rely reaffirmed this general rule. ...

Excerpt: ... legally claim he had discrete employments with the County rather than one continuous employment involving different positions at different times. (See Petition, ¶ 54 (“The County . . . employed [petitioner] as a prosecutor continuously [since 1987]”, ¶ 57(“remained in the County's employ [from 1987 until February 28, 2018]”).) However, the court is not deciding that legal issue now or whether that issue can be resolved at the pleadings...

Excerpt: ...eliver petroleum products from about February 4, 2015 through June 14, 2017. Throughout his employment, Plaintiff was a non‐exempt employee. (Cmplt, paragraph 10) According to Robinson, SC Fuels denied him and other non‐exempt employees' the meal and rest breaks to which they were entitled. (Cmplt, paragraph 11) Based on his meal and rest break claims, Plaintiff contends that SC Fuels did not pay him and other non‐exempt employees all wages...

Excerpt: ... Twenty hours later, the fire re‐ignited. (See Complaint, Exh. 1.) Subrogated to its insured, plaintiff now brings a claim against the District to recover amounts paid due to the rekindled fire. Plaintiff alleges that District personnel failed to inspect equipment and confirm that the fire had been completely extinguished. The District demurs on governmental immunity grounds. II. The demurrer based on governmental immunity is sustained. CONTRA ...

Excerpt: ...f” or “Fernandes”) and Defendant Natalie Lozitsky (“Lozitsky” or “Defendant”) purchased property, located at 57 Matisse Court, in Pleasant Hill. The subject property was originally held by the couple as joint tenants. (Cmplt, paragraphs 1, 2) Fernandes paid the sum of $450,000 toward the purchase of the property. (Cmplt, paragraph 4) Prior to the close of escrow, Plaintiff was “forced to return to Brazil due to his employment.” ...

Excerpt: ...nswered, and, moreover, has asserted affirmative defenses that, if proven, might prove a defense for the claims against Eastgate and Raman. (Cf. Adams Mfg. & Eng. Co. v. Coast Centerless Grinding Co. (1960) 194 Cal.App.2d 649, 655 (if it appears that the defaulting defendant's liability is dependent on the answering defendant being held liable, default judgment is not proper). Here, Volvo has pleaded defenses that the accident was entirely the fa...

Excerpt: ... parties executed a lease which provided for a five‐year rental terminating on December 31, 2015. (Complaint, Exh. A.) Paragraph 52.1 stated: “Lessee shall have two (2) – five year options to renew the lease. Base Rent shall increase 2% annually during the Option terms.” No notice requirement for exercise of the option appeared in the provision. But the contract separately included a general notice provision that “[a]ll notices required...

Excerpt: ...rgument lacks merit; plaintiff has not demonstrated either procedural or substantive unconscionability. A. Procedural Unconscionability. 1. Unequal Bargaining Power. Plaintiff acknowledges that procedural unconscionability applies when the parties have “unequal bargaining power.” However, plaintiff provides no evidence of unequal bargaining power in the case at bar. Plaintiff's principal Mr. Zuniga is a litigation lawyer and business owner; h...

Excerpt: ... provide any tabs for its exhibits, in clear violation of CRC 3.1110(f) and Local Rule 3.42. Plaintiff, on the other hand, provided so many tabs for exhibits and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 03/08/19 ‐ 3 ‐ exhibits to the exhibits that the tabs were of limited usefulness. For example, there are four tabs labeled “Exhibit A”. The Relation of the Parties, and Substance of the Lawsuit Plaintif...

Excerpt: ...t doubt on that account but provides no admissible evidence.) Plaintiff argues that defendants did not act diligently in seeking relief. At first cut, though, defendants' explanation suggests that the delay in filing this motion was likewise attributable to the same asserted problems with Mr. Judson. The motion, however, is not accompanied by a proposed answer or other response, as required by the statute. “Application for this relief shall be ...

Excerpt: ...f Tilden Park approximately 15 to 20 times. (Fact 3 – Undisputed) In this area of the park, Plaintiff expected dogs would play and chase each other and otherwise “roughhouse.” (Fact 5 – Undisputed) However, Plaintiff was firm in her view that “Maury did not play” with other dogs. (Plaintiff's Facts 4, 5) The couple had been walking and talking to each other for about an hour when they ran into Defendant Alexander Weber, who was walkin...

Excerpt: ...ient to oppose summary judgment. (As to Defendant's claim that the complaint was not properly verified, the motion relies on competent declarations, not the verification of the pleading.) In order to avert summary judgment, the opposing party “must produce substantial responsive evidence sufficient to establish a triable issue of material fact.” (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 162, 163 [assertion that documents were “fabrica...

Excerpt: ...contract; (2) breach of the covenant of good faith and fair dealing; (3) negligent misrepresentation; and (4) negligence. Only the first and second causes of action are alleged against Defendant. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/07/19 ‐ 2 ‐ Defendant moves for summary judgment on plaintiffs first cause of action for breach of contract and second cause of action for breach of the covenant of good...

Excerpt: ...is improper because plaintiffs were aware of Mr. Klinkovsky's identity when the filed their complaint. In considering the motion, the Court is mindful of the liberal policy allowing amended pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) A plaintiff may not amend a complaint for the purpose of substituting a named defendant for a fictitious defendant pursuant to Section 474, if, at the time the original complaint was...

Excerpt: ...oughly 1987. The City initially declined to allow this because certain CC&Rs, which governed the subdivision that included the property, restricted such development. Plaintiff obtained consent from over 50% of the owners to amend the CC&Rs. Thereafter, the City refused to permit development based on existing scenic easements covering the property. Plaintiff sues to, among other things, quiet title and permit his development. The City demurs on th...