Excerpt: ...ndent. (Code Civ. Proc., §§ 1281.2(c), and 1281.4.) The basis for this ruling is as follows. A. Factual Background Petitioners were the buyers of residential real estate in Byron, California in early 2015. They bring this petition to compel arbitration with the seller (respondent, Christopher Derek CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/27/19 ‐ 2 ‐ McMullen) based on the form arbitration clause in t...

Excerpt: ...on: (1) Breach of Implied Warranty of Habitability; (2) Battery; (3) Negligence; (4) Nuisance; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Breach of Contract; and (8) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff's counsel, one of the defendants, G6 Hospitality Property, LLC, filed a demurrer to all causes of action except the third on the basis that th...

Excerpt: ...ise overruled. Plaintiffs may file and serve a second amended complaint by December 20, amending as to the common count and/or as to any claim based on the $43,000 loan. If they elect not to do so, defendants' time to answer the remaining portions of the FAC will run from that date. This is a family dispute over a common residence. Plaintiffs are the parents of defendant Cleo Madriaga; Ryan is Cleo's husband. Plaintiffs purchased a large house in...

Excerpt: ...ht on the questions previously posed. The Court may not have been as clear as it intended in one respect, however: It was inviting the parties to identify and elaborate on evidence already filed, arguments already made, and undisputed/disputed facts already cited, in the original motion papers. It did not intend to invite either side to expand its arguments and factual assertions to include new matter – only to better explain what had already b...

Excerpt: ... third parties and others that Jane Doe is a slut, meaning unchaste. These facts are sufficient to support a claim for punitive damages against defendant Russell for her personal actions even in the absence of her being responsible for the actions of defendant Cesar Gracie. The court rules as follows regarding the demurrers of defendant Russell: 12. TIME: 9:00 CASE#: MSC19‐01160 CASE NAME: DOE VS. GRACIE HEARING ON DEMURRER TO COMPLAINT FILED B...

Excerpt: ...that defendant realtors were (perhaps) colluding with a third‐party buyer, Crowder, to arrange to profit at their client's expense by putting the property into foreclosure, buying it out, and selling it at a substantial profit. But that theory is found in the present complaint only between the lines, with insufficient allegations as to (for example) whether Crowder would have been willing to buy the property before foreclosure, and what was or ...

Excerpt: ...tely identify the proper rate of pay when double overtime wages were paid. A. Terms of the Settlement. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The record now shows that notice of the settlement motion was provided to the LWDA on September 12, 2019. The LWDA has not responded. Plaintiff ...

Excerpt: ...ause of action. The demurrer is sustained, with leave to amend. Any amended complaint shall be filed and served on or before December 5, 2019. 1. Facts. The complaint alleges that Sarah Dell O'Connell was a 34‐year old wife and mother who experienced chronic nausea and weight loss from January through February 2018. On February 7, 2018, she fainted at home. She was transported by ambulance to CCRMC about 10 a.m., evaluated in the emergency room...

Excerpt: ... relief, and (3) declaratory relief. Defendant moves for summary judgment against Plaintiff's claims for breach of contract and injunctive relief pursuant to Code of Civil Procedure (“CCP”) § 437c on several grounds. For the following reasons, Defendant's MSJ is granted. Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevan...

Excerpt: ...ts “on any basis not inconsistent with the Constitution of this state or of the United States.” (Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17.) “‘When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.'” Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17, internal quotation marks omitted.) “If the pl...

Excerpt: ...commendations and sought to challenge some of them via motion to compel. In her motion to quash various subpoenas, she primarily challenged the recommendations as to cell phone records. To clarify the scope of the medical record subpoenas, her motion sought to quash the subpoenas “to the extent they seek records beyond what the discovery facilitator has recommended." In opposition, UPS agreed to limit the date range of the subpoenas. UPS did no...

Excerpt: ...th both Glover and the County. Again, barring a complete defense win, the County envisions a final trial on damages. Or, the County suggests the court impanel two different juries, the first jury trying the design immunity defense and then liability, and the second jury being sworn to hear the damages trial only if needed. The County maintains that both trifurcation and straight bifurcation with two different juries would result in judicial econo...

Excerpt: ...91, 92, 94, 95, 97; Plaintiff's Additional Fact (“PAF”) Nos. 101, 106, 107, 108, 109, 110, 111, 116, 117, 121, 122, 123, 124, 126, 127, 128, 129, 130, 132, 159); 2. the County created the dangerous condition or had actual or constructive notice of it (DMF Nos. 29, 32, 37, 46, 47, 49, 51, 58, 59, 91, 96; PAF No. 101, 113, 121, 131, 132, 136, 137); and, 3. the County approved all pertinent design features before construction; (DMF 58, 59, CONTR...

Excerpt: ...ce Protection, Public Safety Enhancement, and Development Restriction Initiative (“Richland Initiative”). The motion is opposed by the City of Antioch (“City”), and by real parties in interest Richland Communities, Inc. a Florida corporation, and Richland Planned Communities, Inc., a California corporation (collectively “Richland”). The Richland Initiative includes a provision approving a development agreement between Richland and the...

Excerpt: ...loyer‐required business expenses. Plaintiff, Paula Henson, the auntemployer, claims that Sosine charged personal expenses to an employer credit card. Sosine now demurs to the Second Cause of Action of Henson's FAC, which alleges a cause of action for treble damages under Penal Code section 496 (c). In pertinent part, Penal Code section 496 provides as follows: (a) Every person who buys or receives any property that has been stolen or that has b...

Excerpt: ...dants argue that each claim fails to state a cause of action and is uncertain. Agency Much of Plaintiffs' arguments in support of their complaint rely on allegations that defendants Augustine and NCA were the agents of Lal and Cheap Homes. Paragraph 11 states that “Plaintiffs are informed and believe and thereon allege that at all times mentioned herein, Defendants, and each of them, were the agents, servants or employees of their Co‐Defendan...

Excerpt: ...bjections, filed after his Reply and Separate Statement Response, are untimely under California Rule of Court 3.1354(a) and Plaintiff has not made a showing of good cause for their untimely filing. As a result, the Court disregards them. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 11/18/19 ‐ 2 ‐ Analysis Continuance As a threshold issue, Counsel for Plaintiff requests a continuance pursuant to CCP § 437c(h)....

Excerpt: ...T MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 11/15/19 ‐ 11 ‐ This is a personal injury case arising out of an automobile accident. Plaintiff alleges that he was struck by a vehicle being operated by Defendant Jarrard while walking. Complaint at ¶ 14. He alleges that the subject sidewalk area where he was struck was owned and controlled by Defendant County. Id. at ¶¶ 15, 16. The Complaint alleges causes of action for (1) negligence, ...

Excerpt: ...nts had business relationships in the Real Estate and Mortgage Industry, and worked with one another in the construction, rehabilitation, and sales of properties in the Greater Bay Area. Mancheno and Defendant Brian Baniqued were partners and co‐owners of real estate franchise entitled Century 21 Pinnacle. Plaintiff alleged in the original complaint that defendants conspired to provide falsified/ forged/manipulated documents and false testimony...

Excerpt: ...siness premises at 3100 Delta Fair Boulevard, Antioch. TRC is a commercial tenant of Landlords at those premises, operating a dialysis center there. This case originated with a trip and fall accident in the parking area of the premises. Plaintiff Sandra Roman, having received treatment at TRC, was being escorted from the TRC facility by a paratransit driver from Acclaim Mobility, LLC to a waiting vehicle. The Acclaim driver stopped to chat with a...

Excerpt: ...answer to the complaint. (In its previous ruling the Court said it couldn't find one in the file, but the electronic docket shows it was filed and it has since been placed in the Court's file.) A defendant who has already answered is not then allowed to demur. This is admittedly only a matter of labeling. An MJOP serves essentially the same purpose as a demurrer, namely to test the legal sufficiency of the complaint's allegations; and it may be f...

Excerpt: ...ber 18, 2019. Defendant's counsel shall pay plaintiff's counsel $900 in compensatory attorneys' fees. Background Plaintiffs seek to reform their property grant deeds to include property vacated by the City of Richmond, which they claim they now own. (Opposition, 6:8‐7:24.) They filed the complaint for CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/06/19 ‐ 18 ‐ reformation and quiet title on January 28, 2019...

Excerpt: ...rney fees of $8,700.00. As Defendant is not a natural person, Plaintiff seeks to attach “any property” of Defendant. Plaintiff has not filed an undertaking. Defendant opposes the application and contends it is entitled to an offset based on its counterclaims. At the outset, the Court notes that the Declaration of Avi Minkoff in support of the Application is printed on both sides, in violation of California Rule of Court, rule 2.102 and the ex...

Excerpt: ...ercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.' [Citation.] Code of Civil Procedure sections 473 and 473.5 authorize challenges to defaults and default judgments on various grounds within certain periods.” (Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 97.) Background Plai...

Excerpt: ...oject”) and the 1992 Willow Pass Road Frontage Improvement Project (the “Improvement Project”). (Undisputed Material Fact No. 56; Disputed Material Fact Nos. 19, 52, 54, 57, 60, 61, 62; County's Additional Fact Nos. 15, 16, 19, 22, 24, 25, 26, 27, 37, 38, 39, 44; County's Ex. 3, Emigh Decl., ¶ 2, 3, 5, 6, , 7, 8, 9, 11, 12, 13, 14, 15, 18; Ex. 7, Kersevan Decl., ¶ 6, 7, 8, 9, 10; see also any additional evidence cited elsewhere this rulin...