Excerpt: ...f action for (1) declaratory relief, and (2) violation of Civil Code § 2923.6. Plaintiffs moved ex parte for a temporary restraining order on August 23, 2019. The Court heard the ex parte application, granted the TRO, and entered an order to show cause why a preliminary injunction should not be granted calendared for September 26, 2019. The parties stipulated to continue the hearing date and the matter is now before the Court. For the following ...

Excerpt: ...cement (4) declaratory judgment; and (5) preliminary injunction. Plaintiff recorded a notice of Lis Pendens. Defendant filed a motion to expunge, and applied for an order shortening time for the hearing, which was granted without opposition. Plaintiff Joseph is the stepfather of defendant Scott, who is married to defendant Michelle (“Misti”). (First names are used for clarity, no disrespect is intended.) Joseph alleges that in 1998, he helped...

Excerpt: ...r ease of reference, the Court refers to the complaint filed in Watts v. Syngenta AG, Contra Costa Case No. MSC19‐00637. The main Plaintiffs allege that they were diagnosed with Parkinson's Disease after using Paraquat. The Plaintiffs have sued Defendants for (1) strict products liability, (2) negligence, (3) nuisance, (4) California Consumers Legal Remedies Act and (5) breach of the implied warranty of merchantability. In addition to the main ...

Excerpt: ...ollectively, “Plaintiffs”). This is an unlawful foreclosure case. The Complaint pleads causes of action for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2923.6(c); (3) violation of Civil Code § 2923.7; (4) violation of Civil Code § 2924.9; (5) violation of Civil Code § 2924.10; (6) negligence; (7) unfair business practices (Bus. & Prof. Code § 17200, et seq.); and (8) cancellation of instruments (Civil Code § 3412)...

Excerpt: ...TINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/19/19 ‐ 18 ‐ This case presents the question whether a tenant who raises habitability claims as an affirmative defense in an unlawful detainer action and receives a partial rent reduction based on such claims may thereafter file a civil lawsuit seeking recovery for personal injuries and emotional distress based, at least in part, on those same habitability claims. Under the circumstances of th...

Excerpt: ...its. In support of their special demurrer, defendants pointed out many inconsistent or otherwise confusing allegations that render plaintiffs' complaint ambiguous and unintelligible. Plaintiffs failed to address the special demurrer in their opposition memorandum, leaving the special demurrer functionally unopposed. (See, Cal. Rules of Court, rule 8.54, subd. (c) [“[a] failure to oppose a motion may be deemed a consent to the granting of the mo...

Excerpt: ... waiting time violations. The agreement, provides a settlement class consisting of non‐exempt employees employed from July 6, 2014, through the date of preliminary approval, and is estimated to include 163 potential members. A gross settlement of $825,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage portions of the payments will be paid by Defen...

Excerpt: ...een made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. Section 100...

Excerpt: ...Astro Construction (“Riley,” “Astro,” or “Plaintiff”)'s First Amended Complaint (“FAC”). The FAC alleges seven causes of action for: (1) breach of oral contract, (2) complaint for services, (3) promissory estoppel, (4) fraud, (5) violation of prompt payment statute, (6) recovery on payment bond, (7) enforce of stop payment notice, and includes a prayer for punitive damages. Defendants move for summary judgment pursuant to Code of ...

Excerpt: ...llowing reasons, Defendant's motion is denied. Papers Before the Court On or about December 12, 2019, Plaintiff filed a document titled “Plaintiff Tami Ware's Amended Statement of Disputed Facts and Additional Undisputed Material Facts in Opposition to CSAA's Motion for Summary Judgment or Alternatively Summary Adjudication.” This document is untimely, and no arguments or evidence have been offered to show good cause for its inclusion in the ...

Excerpt: ...sented DBI in several matters, including one substantially related matter. Engeo's position in this case is adverse to DBI. The substantially related matter is Discovery Builders, Inc. v. DeSilva Gates Construction. (The Court reminds all counsel of the provisions of Rule of Court 3.1112(k), which state: “All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific ...

Excerpt: ...fter notice to the other party, set aside any void judgment or order.” “The inclusion of the word ‘may' in the language of section 473, subdivision (d) makes it clear that a trial court retains discretion to grant or deny a motion to set aside a void judgment.” (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) A judgment is void on its face if the court lacked personal or subject matter jurisdiction. Such judgment is subject ...

Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/18/19 ‐ 6 ‐ This is a wrongful eviction case. Plaintiff Karen Jackson is a 74‐year‐old woman who resided in the bottom floor of a three‐story home since 2011. (Complaint, ¶1‐2.) Defendants, John Philip Dolan and Hien Nguyen, were her landlords who lived upstairs. Plaintiff alleges, inter alia, that her art studio leaked when it rained, damaging her art sup...

Excerpt: ...as to the parallel demurrer of the Mt. Diablo USD. Any amended complaint shall be filed and served on or before January 10, 2019. If plaintiff elects not to amend, defendants' time to answer the remaining parts of the case will run from then. If plaintiff contests the tentative to seek leave to amend claims as to which leave is denied, she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed am...

Excerpt: ... the tentative to seek leave to amend, he should come to the hearing prepared to explain how he proposes to amend as against the Police Defendants and why it will be sufficient. The FAC arises from two incidents occurring on August 7, 2018. Only the second incident, however, has to do with the Police Defendants. Plaintiff alleges that defendant Torchia, a Tri Delta bus driver, “called the Brentwood Police and falsely reported that [plaintiff] w...

Excerpt: ...heir answers by January 3, 2020. Defendants Stroud Development and Alexander Stroud filed nearly identical demurrers to the FAC and filed a joint reply. The Court's ruling below applies equally to the two demurrers. Meet and confer process Plaintiff argues that the meet and confer process was insufficient because Alexander Stroud (acting as a self‐represented party) did not call Plaintiff's attorney, but only sent an email. Plaintiff is correct...

Excerpt: ...tore located at 1340 North Main Street. Defendant Jennifer Meza was the store manager and plaintiff's supervisor. Defendant Nick Botsford was Plaintiff's supervisor and district manager. Plaintiff alleges defendants were aware of his disabilities at all relevant times. Plaintiff alleges that at various times throughout his employment, Defendants denied reasonable accommodations. One of the accommodations requested by plaintiff's healthcare provid...

Excerpt: ...n arbitration award from defendant John L. Valentine. It began with a complaint filed on July 15, 2016 alleging a single cause of action ‐‐ that Valentine had fraudulently conveyed a valuable real property located at 8010 Camino Tassajara in Pleasanton, California (the “Property”) to irrevocable trusts he had set up for his children to avoid paying plaintiff. Later, plaintiff added two causes of action for deceit, the Third and the Fourth...

Excerpt: ...ificates, Series 2006‐3 (“Bank of New York”) (collectively, “Defendants”). The Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Robert Peralta, as Trustee of the Beatriz Peralta Revocable Trust (“Plaintiff” or “Peralta”). The FAC alleges causes of action for (1) violations of HBOR (Civil Code §§ 2923.5 and 2923.7); (2) violation of SBOR (Civil Code § 2920.7); and (3) violation of California's unf...

Excerpt: ...physical restraints and seclusion at the Floyd I. Marchus School (“Marchus”). (SAC, Pars. 7, 21– 28.) Student Plaintiffs bring this action through their guardians ad litem against several county‐level defendants and several state‐level defendants. Their guardians also bring their own claim based on their standing as taxpayers (collectively the “Taxpayer Plaintiffs,” and together with Student Plaintiffs, “Plaintiffs”). Marchus is...

Excerpt: ...e to pay all wages owed upon termination. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The agreement provides a settlement class consisting of truck drivers implied during the Class Period, consisting of 132 persons. A gross settlemen...

Excerpt: ...2020 at 8:30 a.m. in Department 21. Petitioner requests that this Court compel the City of Walnut Creek to reinstate Permit B140273 and the October 9, 2014 revisions without any additional conditions, obligations or impediments. The Court's ruling is only as to Petitioner's claim for a writ of mandate. In October 2018, The Court granted a motion to bifurcate and ordered that the writ proceeding would be heard first, followed by the remaining lega...

Excerpt: ...the Court notes that there seems to be a difference among the parties about the stipulation to the manner in which this issue would be heard. In the Court's recollection, the issue arose because after the Court granted the motion to sever the statute of limitations defense, it inquired about how it would be tried, and whether a jury trial was requested. Plaintiff requested a jury. Defendants urged that there was no factual dispute. All concerned ...

Excerpt: ...n Lafayette. (FAC, ¶¶6, 11.) Defendants acted as a dual agent representing both the plaintiff (buyer) and seller in the transaction. (FAC, ¶¶12‐13.) Plaintiff alleges that defendants represented the lot as “buildable” without any basis, and that plaintiff purchased the lot in reliance on that statement and lack of disclosures. Plaintiff contends that the lot was not buildable, and that he incurred significant damages resulting from his ...

Excerpt: ...aying no role in the foreclosure process. This relief is conditioned on plaintiff posting an undertaking in the sum of $ 1,000.00, on or before December 20, 2019. The basis for this ruling is as follows. A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are moot. Mr. Nejat filed a supplemental declaration on November 14, 2019, and plaintiff has not filed evidentiary objections directed to that supplemental decl...