Excerpt: ... the default was entered, but it was rejected. Code of Civil Procedure section 340.41 (a)(2) states, “If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under pe...

Excerpt: ...oldings, but Parcel B was sold. When Parcel B was sold, it was made subject to certain easements: a Landscape Easement, which gives 956 Holdings, as the owner of Parcel A, the right to control landscaping (including fencing) within a defined portion of Parcel B. In addition, a Sewer Line, with an authorizing easement, runs through Parcel B, serving Parcel A, and connecting to the main sewer line on the west side of Parcel B. The owner of Parcel B...

Excerpt: ...y plaintiff alleges. (See Gov. Code §§ 815, 818.8; see also Masters v. San Bernardino County Employees' Retirement Association, (1995) 32 Cal.App.4th 30, 42‐43.) Plaintiff Valerie M. Brown alleges that she was misinformed as to the requirements for taking a lump‐ sum rollover of her 30‐year accrued retirement as an employee of the Alameda Court. She alleges that she was told the process for calculating her final retirement benefit would t...

Excerpt: ...tute a cause of action. For the foregoing reasons, the motion is denied in its entirety. Facts Alleged in the Complaint The parties entered into an agreement for the purchase of a show quality female standard schnauzer puppy for $2,500. (Complaint ¶ 6.) On June 9, 2017, plaintiffs paid a non‐refundable deposit of $1,000 and understood that they would have to pay the remaining $1,500 to take possession of the puppy. (Complaint ¶ 6.) On May 2, ...

Excerpt: ...aims adjuster and/or the attorneys representing CSAA on this claim that he had sued CSAA on June 7, 2017 as an assignee of a breach of contract and insurance bad faith claim of another insured, Sui. CSAA further argues that it brought this petition at the first reasonable opportunity after those CSAA employees and agents learned of the non‐disclosure, and that the Sui/Pearson lawsuit against CSAA would cause a reasonable person, aware of all th...

Excerpt: ...e in a row that Plaintiff's opposition has failed to include a table of contents and authorities despite submitting a memorandum that is over 10 pages. (See, CRC 3.1113(f). The Court pointed this failure out in its ruling on the doctor defendants' demurrer to the SAC. It is perplexing that Plaintiff's attorney continues to violate this rule. Any further violations of this rule or other applicable Rules of Court may result in sanctions. Before fil...

Excerpt: ... of his employment with Mr. Copy, Inc., an insured of Plaintiff Hartford Accident & Indemnity Company. Plaintiff‐in‐Intervention James H. Stehr (“Plaintiff” or “Stehr” herein) was injured on November 25, 2014, when his car was struck from the rear by Defendant Judith Lindsay. The car striking Stehr was co‐owned by Defendants Judith Lindsay and Ladd Lindsey. Stehr filed his complaint for damages, including punitive damages, on March ...

Excerpt: ...“Defendants”). Plaintiff filed a First Amended Complaint on November 21, 2018 as well as an ex parte application for temporary restraining order. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) set aside trustee sale; (2) cancellation of trustee deed; (3) quiet title; (4) breach of oral contract; (5) breach of written contract; (6) wrongful foreclosure; (7) promissory estoppel; (8) negligence; (9) negligent...

Excerpt: ...MENT: 21 HEARING DATE: 02/27/19 ‐ 15 ‐ (collectively, TPP) could purchase and develop real property at 2 Ramon Court in Danville. TPP had acquired some funding from defendant Triumph Capital Properties, but Triumph could not fund the entire amount. So TPP made a written offer to Polgar whereby Polgar would fund the bridge loan in return for a 51% interest in the property. Polgar agreed and entered into a related partnership agreement with TPP...

Excerpt: ...entify each cause of action or issue on which they seek summary adjudication as required by CRC 3.1350(d). The separate statement does not follow the format requirements set forth in CRC 3.1350(h). In addition, the separate statement does not cite to specific evidence following each fact. Instead, each fact is followed by citations to the entire declaration of Athan Magganas and the complaint. No specific paragraphs in the declaration or complain...

Excerpt: ...ndant company (Garaventa Enterprises, or GE), but concerned about his position there. He asked GE's general counsel, Bonnifield, who told him that he was an at‐will employee. Colvis then met with attorneys from the Downey Brand firm, his present litigation counsel. At issue on this motion is the e‐mail traffic from that 2015 consultation, which occurred between Downey Brand attorneys and Colvis's work e‐mail address at GE. In 2018 GE and it...

Excerpt: ... filings. (See CRC 3.1110(f).) The numerous exhibits to the Complaint, the Ex Parte Application, and the Reply are all untabbed. This has caused the Court's staff considerable inconvenience.  RJN. Defendants' unopposed request for judicial notice of recorded documents is granted.  Reply. The Court has exercised its discretion to consider plaintiff's reply papers, despite their being filed one court day late. Plaintiff is directed to comply ...

Excerpt: ... a formal stay of the case because of Fifth Amendment concerns. They note that Mr. Martin has been charged with a felony arising from the same alleged facts. They further note that while Ms. Martin has not been charged, the complaint accuses her of potentially criminal acts, with which she could still be charged. This kind of problem is usually handled at Case Management Conferences rather than by formal motion. Plaintiffs have not opposed the mo...

Excerpt: ...hs 6‐8, 13, 129, 150, 152, and 153, because they contain improper allegations against these individuals. That portion of the motion is denied, because these allegations remain proper to support claims against defendant on an agency theory. 3. TIME: 9:00 CASE#: MSC16‐01005 CASE NAME: BRENNON B. VS. WCCUSD HEARING ON DEMURRER TO 2nd Amended COMPLAINT FILED BY WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, et al. * TENTATIVE RULING: * Defendant scho...

Excerpt: ...or June 1, and the order after hearing was filed on June 29. The Court noted then that plaintiffs and their then‐counsel, Mr. Boasberg, had entirely ceased participating in the case, including their failures to respond to discovery, to obey several orders compelling discovery responses, to pay court‐ ordered sanctions, and to oppose the terminating‐sanctions motion. It later transpired that Boasberg was suspended, and then disbarred. That w...

Excerpt: ... bifurcation. The standard of review on a tax refund case under Rev. & Tax. Code Section 5140 confines the court to the administrative record, whether the issues are factual or legal in nature. When a taxpayer claims a valid valuation method was applied improperly, the court may overturn the assessment appeals board's decision only if there is no substantial evidence in the administrative record. See California Minerals, L.P. v. County of Kern (2...

Excerpt: ...standing discovery by December 11, 2017, awarded sanctions of $1,050 against Dees for his failure to respond to discovery and it ordered that the Requests for Admission were deemed admitted. Defendants ask this Court to set aside the Discovery Order based upon extrinsic mistake. Defendants explain that in order to set aside this order, they must show: “ ‘ “First, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DA...

Excerpt: ..., the risk of meaning class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to the proposed settlement.” Because this matter also proposes to settle PAGA claims, the Court also must consider the criteria that apply under that statute. The Legislature's express co...

Excerpt: ... they have seen in the settlement agreement has affected their Opposition. On or before March 1, 2019 the moving parties may file and serve a Supplemental Reply Brief responding to the Supplemental Opposition Brief. None of the supplemental briefs may exceed three pages. This case concerns an alleged failure to disclose problems affecting a house in Alamo that plaintiff purchased. Plaintiff filed suit on August 31, 2018, and a first amended compl...

Excerpt: ...e § 338(a).) It requires the defendant to have “engaged in a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff.” (Civ. Code § 1708.7(a)(1).) To establish this element, the plaintiff “shall be required to support his or her allegations with independent corroborating evidence.” (Id.) Plaintiff pleads actions in 2016 and 2017 that, if proven, would support a stalking claim within...

Excerpt: ...) I. Prior Good Faith Settlement Determination EBMUD once again argues that the good faith settlement in the consolidated actions does not bar this case. In its good faith order, the Court stated: “[Sharjo] is entitled to the fullest protection afforded by Code of Civil Procedure section 877.6(c).” (March 21, 2017 Good Faith Settlement Order in Consolidated Case No. C15‐01227 [Order], p. 1.) The Court declined at the time to rule on the ind...

Excerpt: ...icizing the doctrine, Witkin notes, “so long as the rule remains, however, it seems wise to avoid the detailed form of specific denials and use the simpler methods of specific denial by paragraphs or parts,” while noting that such denials “will not always be safe.” (See also Weil & Brown California Civil Procedure Before Trial (2018) Par. 6:421 [p. 6‐128].) At least one reported case, however, refused to apply the doctrine mechanically,...

Excerpt: ...se of Action for Reformation in the Second Amended Complaint, pursuant to CCP § 437c and CRC, Rule 3.1350. Plaintiffs seek reformation of the First Amendment to the Operating Agreement of 400 Taylor Holdings, LLC as to 50% ownership of 400 Taylor Holdings, LLC. “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judg...

Excerpt: ... of petition or free speech under the United States Constitution or California Constitution in connection with a public issue.” See CCP Section 425.16(b)(1) The claim may appear in a complaint, petition or cross‐complaint. See CCP Section 426.16(h); Kajima Engineering & Construction, Inc. v. City of Los Angeles (2002) 95 Cal.App.4th 921, 929. Here, the Cross‐Complaint of Defendant/Cross‐Complainant, Justin Mendoza, (“CrossComplainant”...

Excerpt: ... out of a restaurant building fire. The owner of the building, Frangieh, and the owner of the restaurant, Guistomangia, Inc., were both insured. Frangieh was insured by National Surety Corporation. National Surety paid damages as a result of the fire and is subrogated to the rights of Frangieh. Guistomangia was insured by Golden Eagle Insurance Corporation. Golden Eagle paid damages as a result of the fire and is subrogated to the rights of the G...