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: ...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: .... Ford Motor Co., 119 Cal.App.3d 757, 826‐828, overruled on other grounds in Kim v. Toyota Motor Corp. (2018) 6 Cal.5th 21, 37 n.6.) A limited statutory exception is set forth in Civil Code § 3294(d), as follows: “Damages may be recovered pursuant to this section in an action pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure based upon a death which resulted from a homicide for which t...

Excerpt: ...gument lacks merit. The Court interprets § 435.5 as applying only when a given party brings two successive motions to strike. RJNs. Argabright's request for judicial notice of documents filed in other actions is granted. The Gannons' request for judicial notice of Argabright's answer in this action is denied as superfluous; the pleadings in this action are before the Court as a matter of course. However, the Court appreciates the courtesy of pro...

Excerpt: ...a previous lawsuit on the same subject matter. In that case the Court ordered the Gannons to provide specified discovery, concluding that they had waived objections by failing to respond timely. The Court commented: The Court was informed at a CMC earlier this week that plaintiffs served responses late last week, including some objections. If the scope or merit of the objections were at issue, that would require a new discovery motion; indeed, it...

Excerpt: ...n, which the Court denied. (The Court has received no Order After Hearing thereon, however.) That result is not necessarily dispositive of this demurrer, however, because the denial rested in part on matters shown in the evidence on the motion, but not pleaded in the complaint – notably the point that plaintiff was in arrears in her payments even before the 2010 transfer of the HELOC (and cessation of sending monthly notices). The Court rejects...

Excerpt: ...he plaintiffs' property, outside the easement area, without express permission from plaintiffs or plaintiffs' counsel. Plaintiffs have failed to present any evidence that the construction activities of defendant have occurred, or may occur, at unreasonable times. As a result, the Court declines to limit the schedule of any ongoing activities incidental to construction. The undertaking is set in the amount of $5,000. (Code Civ. Proc. §§ 529, 995...

Excerpt: ... in the Company was owned by a third party.) This ruling refers to Kerry Murphy as Defendant and Michael Verlander as Plaintiff, however, this ruling also applies to Margaret Murphy and Janet Verlander. Together the parties operated a winery for a number of years. In 2015, Plaintiff sold his shares in those companies to Defendant pursuant to a Purchase and Sales Agreement. The parties signed the PSA on May 11, 2015 and escrow closed on this agree...

Excerpt: ...rked, failure to pay overtime wages, failure to provide meal periods, waiting time penalties, failure to provide accurate wage statements, and failure to provide timely wage statements. 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...

Excerpt: ... unopposed request for judicial notice is granted. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Cause of Action is for negligent misrepresentation. Defendant Bank's demurrer is sustained on four grounds. First, as pleade...

Excerpt: ...nt to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. Procedural Matters. A‐1. The Death of Neal McDonald. Plaintiff's counsel appears to be requesting the Court's advice on how to address the death of former plaintiff Neal McDonald. The Court declines to offer such advice, for two reasons. First, this is a hearing on a demurrer; there is no pending motion to substitute in a new party. Second, it is the ...

Excerpt: ..., LLC, signed the original five‐year lease in 2009 with the previous owner, James Fregosi. (See FAC, Exhibit A.) The lease required plaintiff to execute any estoppel certificate requested by the landlord. By its terms, that lease expired in 2014, but plaintiff had the option to extend for another five years, which it did. Plaintiff and Mr. Fregosi executed a formal amendment of the lease on June 29, 2015. (FAC, Exhibit B.) The amendment express...

Excerpt: ...t Agreement (“Agreement”). (Senn Dec., Exh. “A”.) The Agreement explicitly states that it is a purchase agreement, and not a loan: THIS IS NOT A LOAN. Merchant is selling a portion of a future revenue stream to VCG at a discount, not borrowing money from VCG. There is no interest rate or payment schedule and no time period during which the Purchased Amount must be collected by VCG. … (Id., p. 1.) The Agreement also states that it is gov...

Excerpt: ...red per CRC 3.1110(f) and Local Rule 3.42. In the future, all filings must be properly tabbed. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 11/08/19 ‐ 11 ‐ Standing Schmier asserts that he is a holder of deeds of trust on 728 Laurel Drive and 3269 Judith Lane. (Schmier RJN 3‐6.) Code of Civil Procedure § 405.30 allows a “nonparty with an interest in the real property affected” by a lis pendens to “app...

Excerpt: ...to partition real property. Plaintiffs, the Nelsons, were the two‐thirds owners of the property; defendant Riley was the one‐third owner. In October 2018 the Court (Judge Fenstermacher) entered an order granting plaintiffs' motion to partition the property by private sale. The order determined the parties' shares in the property, and directed that a referee would be appointed to conduct the sale. The referee was appointed by subsequent order....

Excerpt: ...but not in the body of the Complaint), (4) negligence, and (5) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.). Plaintiff's present motion, however, does not invoke either of the latter two causes of action as support for a preliminary injunction, and their substantive content is essentially derivative of the claims plaintiff makes for breach of contract and § 2937. Legal Standard The ruling on an application for prel...

Excerpt: ...ckground Plaintiff has second or third mortgage interests in multiple properties owned by defendant real estate developer Kevin Hampton. (Complaint, 8:16‐17.) In 2004, plaintiff became inspired by Hampton, and therefore began investing with him, due to Hampton's strong vision to redevelop properties in Richmond and surrounding areas in a booming real estate market. (Complaint, 2:18‐23.) Plaintiff successfully received repayments from Hampton ...

Excerpt: ...the tripartite membership works among the American Dental Association, California Dental Association and the component societies for each county in California. She states the both CCDS and MCDS approved Dr. Clark's request to remain in the CCDS, notwithstanding the fact that she may no longer live, work, or practice in Contra Costa. (RossPatchin Decl., ¶15(A).) The CDA recognized and approved the transfer exception as a final resolution to Dr. C...

Excerpt: ...um of $ 1,000.00, on or before November 22, 2019. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/07/19 ‐ 6 ‐ A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are sustained. Mr. Nejat has not established personal knowledge of the matters that are the subject of his declaration, has not stated his qualifications as a custodian of reco...

Excerpt: ...tiff offers no evidence that defendant Mehrzad Azari is mismanaging the subject businesses in a manner that is causing harm to the businesses; plaintiff simply objects to the amount of compensation that Mr. Azari is receiving from the profits of the businesses. This is an objection that can be fully remedied through an award of monetary damages. A‐2. The Threat of Disruption. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARI...

Excerpt: ...not addressing the substance of the motion now, the Opposition that plaintiff filed on 11/4/15 raises several issues that require discussion. First, plaintiff argues that defendant has no right to bring this motion because the motion is based on the same grounds as defendant's previous motion and thus violates CCP § 437c (f)(2). However, the court denied defendant's previous motion “without prejudice,” so this argument lacks merit. Second pl...

Excerpt: ..., Defendant Christine Freeding, owns real property located at 910 El Pintado Road, acquired in 2015. A survey of the properties revealed Freeding's permanent improvements, including a driveway gate, walk‐in gate, areas of the sport court and landscaping encroached on Plaintiffs' property (“Encroachment Area”.) The parties reached a settlement on October 10, 2018. Defendant agreed to purchase from Plaintiffs all of the Encroachment Area prop...

Excerpt: ... Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the TechBilt] factors as to be inconsistent with the equitable objectives of the statute.” (Tech‐Bilt, supra, 38 Cal.3d at 499...