Excerpt: ...er is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial notice of pleadings from Contra Costa County Superior Court case number C17‐00462. This Request is unopposed. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A compl...

Excerpt: ...ainst a long list of its subcontractors and suppliers to this action – some, the Court determined, with good reason; but others, including Villara, not so. The only dispute between Thompson and Villara themselves is Villara's claim to collect what it says is a substantial sum Thompson owes it. The Court, after lengthy inquiry, determined that that claim has no factual connection to the Thompson‐LTC dispute, except that LTC is withholding the ...

Excerpt: .... Respondent relies on White v. Ultramar (1999) 21 Cal.4th 563. Petitioners claim that White does not apply, because its discussion of whether a person is a managing agent is for purposes of the defendant's liability for punitive damages under Civil Code section 3294(b). The Court has found no authority specifically addressing whether the White test applies under Code of Civil Procedure section 1987(b). The language “officer, director, or manag...

Excerpt: ...igence. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests judicial notice of several facts regarding his previous representation of Plaintiff as well as individual docket entries regarding case nos. C94‐03923 and C13‐01476. Though unclear, Plaintiff appears to object to this request. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the ...

Excerpt: ... October 22, 2013. According to his will and court order of June 17, 2014, his estate was to be divided among his three adult sons—John H. Quihillalt, Richard R. Quihillalt, and David E. Quihillalt. Plaintiff John Quihillalt, and Defendants David E. Quihillalt, Richard R. Quihillalt, and Sandra Millard are co‐owners of real property located at 3220 Camino Diablo, Lafayette, California. The property is made up of three separate tax parcels. (A...

Excerpt: ...a County. Because plaintiffs allege the existence of a settlement agreement that contains a provision selecting Alameda County as the proper venue, the motion is granted. Code of Civil Procedure section 395.5 provides the possible venue options for an action against a corporation: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occu...

Excerpt: ...of action on the terms stated below or as requested on page 5, lines 9‐14, of his Opposition. If plaintiff chooses to amend, any amended complaint shall be filed and served on or before March 1, 2019. If plaintiff does not amend, defendant Raymundo shall file and serve her Answer on or before March 15, 2019. The SAC alleges the following. On February 27, 2010, defendant, Melissa Raymnudo, signed and subsequently recorded a Memorandum of Option ...

Excerpt: ...ch 22, 2019. The basis for this ruling is as follows. A. Preliminary Matters. The exhibits to the declaration of Hooman Yavi, filed on November 26, 2018, are not CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/20/19 ‐ 9 ‐ tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) Cross‐defendant is directed to tab its exhibits in all future filings. Despite the efforts of cross‐defendant's counsel, cross�...

Excerpt: ...nctions.” The motion is granted to the extent described below. The motion has two parts. The court will address the Discovery Order part first. 1. Discovery Order filed September 19, 2018. Code of Civil Procedure section 473 (d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of ...

Excerpt: ...ship on the property at 1125 Detroit Avenue. At the time of the incident, plaintiff also leased 1121 Detroit Avenue, which he now owns. Both were used as part of plaintiff's business. At some point in 2016 (the record is unclear), Donald White parked a trailer on defendant's property and lived in it. On June 18, 2016, at around 8:00 p.m., a fire broke out from this trailer, damaging both properties and two vehicles. Both businesses were closed fo...

Excerpt: ... First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have been successfu...

Excerpt: ... ‐ recover all her post‐offer costs, and her reasonable expert witness costs incurred after the offer. The Court rejects plaintiff's assertion that the § 998 offer was not made in good faith. Plaintiff attempts no serious factual showing that the expert witness fees incurred were unreasonable. This was an expert‐intensive case. Plaintiff made a six‐figure § 998 offer of her own, and asked the jury to award a seven‐figure verdict. Plai...

Excerpt: ...so named as a defendant. Several of the complaint's causes of action are asserted only against the employee defendants (Demeter, Milton, and Herrero), and those causes of action have not been demurred to. With one exception, the Court sustains the employee defendants' demurrers to all challenged causes of action, with leave to amend, for the same reasons stated on Guaranteed's demurrer (Line 6). The exception is the 11th cause of action, for “i...

Excerpt: ...on (“LAFCO”) from dissolving the District without confirmation of voters as required by Government Code section 57077.1(b)(2)(A)(II). Petitioner/Plaintiff District alleges LAFCO has voted to dissolve the District without confirmation of the voters even though the District has obtained more than the number of valid protest signatures. The motion is made on the grounds the District requires adequate time and reasonable access to the protests to...

Excerpt: ...on or before March 13, 2019. However, Alameda County is also granted leave to amend its allegations regarding actual receipt of the Notice of Violation by Angela Calvillo or to better allege any claim of a continuous or repeated nuisance even after the incident of February 21, 2017. As to the latter claim, Alameda County may state such claim within the nuisance counts currently alleged or as one or two new standalone counts. If Alameda County ele...

Excerpt: ...: 1) the Wood Destroying Pests and Organisms Report (Termite Report); 2) the Roof Inspection Report, for which Specialty hired a third party (Roof Report); and 3) the Property Inspection Report (Property Report). After receiving the reports, plaintiffs closed escrow on May 21, 2014. According to plaintiffs, when their remodeling contractor, John Corbett, viewed the property to begin work, he saw major problems. Though the Termite Report did docum...

Excerpt: ...m. A‐1. The Written Contracts. Plaintiff Cypress has failed to negate the existence of a triable issue of fact concerning the $ 150,000 bond premium it seeks to recover as breach of contract damages. There is no contractual language, either in the master contract or in the three subject purchase orders, suggesting that such a premium can fairly be characterized as part of the “price” to be paid for the subject solar modules. (See, Cal. U. C...

Excerpt: ...that remain in the TAC on or before March 13, 2019. If there is a further meet and confer, defendant shall state specifically whether the meet and confer occurred in person or by telephone, pursuant to CCP § 430.41 (a) and (a)(3)(A). This is a case involving damage caused by a fire that started in the City of Antioch's Los Medanos Spillway and Wasteway (the “Wasteway”) and spread to property owned by plaintiff's insured, Roem Corporation. Ro...

Excerpt: ... is not pled with particularity against Foshay. From the Complaint, it is clear that Plaintiff entered into a written purchase order for commercial solar modules with Defendant Kodiak Moon Corporation (“Kodiak Moon”). The material terms of the purchase order were: that Kodiak Moon would supply Plaintiff with 2,664 units of SPR‐E19‐ 320w Sunpower Modules at a cost of $192.00 per unit, for a total price of $511,488.00. (Cmplt, paragraph 11 ...

Excerpt: ...ince defendant has never been convicted of a felony. Further, reference CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/13/19 ‐ 7 ‐ to criminal conduct involving theft is not pertinent to the cause of action because the particular risk complained of here is sexual harassment, not theft. See Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054. To the extent plaintiff suggests that she would like to introduce...

Excerpt: ...shall file and serve an answer by February 25, 2019. Defendant demurs to the first cause of action for Intentional Infliction of Emotional Distress and the second cause of action for Negligent Infliction of Emotional Distress as to all plaintiffs and demurs to the entire SAC as to Plaintiff Richard Stritt. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 02/11/19 ‐ 3 ‐ IIED (cause of action one) The Court previous...

Excerpt: ...vailing on the First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have ...

Excerpt: ...he forum for the original evidentiary hearing, that would properly qualify as new and different facts under § 1008 only if there were a showing why this fact could CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING DATE: 02/01/19 ‐ 7 ‐ not have been adduced at the evidentiary hearing. But as it stands, the newly adduced fact is not properly before the Court at all, because it would not show what DMV would have ne...

Excerpt: ... negotiate toward a possible resolution. This time there has been no stipulation. Neither, however, has defendant filed any opposition to the motion for preliminary injunction. Repeated calls to the attorneys have given no better information. Plaintiffs' counsel has stated simply that the matter is going forward, and defendant's counsel has not responded to messages. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING ...

Excerpt: ...ts have not filed an answer as to the other causes of action, they shall file and serve such answer on or before February 15, 2019. This case arises out of plaintiff's claim that defendants rented her uninhabitable premises at 1300 Roosevelt Ave., #420, Richmond, an apartment complex known as The Hacienda. General Rules Applicable to Claims against Public Entities California public entities are liable only as provided by statute. (Eastburn v. Reg...