Excerpt: ...pany") to perform construction work on her home. She alleges the work was defective. She asserts in a judicial council form complaint two causes of action for negligence and breach of contract against both the Company and Jeffrey Klaus. Defendant Klaus generally demurs to both causes of acton. Standards Governing Demurrer In ruling on the demurrer, the Court must accept as true all well- pled factual allegations of the complaint, but not legal or...

Excerpt: ...lings. On or about December 16, 2018 their mother, Dolores Murray, passed away. Plaintiff, Rosemary, and their brother John were all beneficiaries in a trust created by their mother, to which virtually all her property and assets were transferred upon death. Upon Dolores' death, Rosemary became the successor trustee. One of Dolores' primary assets was a house located in San Francisco, which was transferred into the trust. After Rosemary became tr...

Excerpt: ...light). Defendant's motion argues that this suit is a SLAPP (strategic lawsuit against public participation) because (1) defendant's statements / conduct was "in furtherance of [her] right of petition or free speech under the united States Constitution or the California Constitution in connection with a public issue," and because (2) plaintiff cannot establish a probability of prevailing. (Code Civ. Proc., S 425.16 (b)(l).) Specifically, defendan...

Excerpt: ... fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property, including slate stone, wooden steps, two retaining walls,...

Excerpt: ... show SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/01/2023 they are entitled to judgment as a matter of law. As a result, the burden does not shift to plaintiff to provide any admissible evidence that would give rise to a dispute of material fact. Background The complaint alleges that plaintiff Muang Saechao was injured when her vehicle struck the vehicle of def...

Excerpt: .... Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to be a 2018 Isuzu pickup truck, California License Number 23050M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action against Ryder: (1) Motor Vehicle and (2) General Negligence. On February 26, 2021, a "Doe Amendment" was filed naming BSP Shipping, Inc. and Restaurant Cheetah Group, Inc. as Dæs 26 ...

Excerpt: ...om breach of a vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wntrust") seeks a deficiency judgment after selling the vehicle. Wintrust provides a declaration from its Vice President of Asset Management, with and control of its business records of the subject account, who states that the records show that Defendant Hassan AlJanaby entered into a written motor vehicle lease agreement with Wintrust's assignor for the use of a 2017 Cadi...

Excerpt: ...Whittley are the parents of a deceased minor Antoine Whittley (the "Minor"). (Amended Complaint ("FAC') 1.) The FACalleges three causes of action against yft for negligence, negligent hiring, retention or supervision, and wrongful death arising out ofa ride given to the Minor on February 10, 2021. (FAC '1 5.) Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of the...

Excerpt: ...ration in support of the motion that addresses the requirements of California Rule of Court Rule 3.1324(b). Plaintiffs may, but are not required to, file a response to Defendants' supplemental pleading by December 1, 2023. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/22/2023 This case involves a neighbor dispute over the removal of plants an...

Excerpt: ...ral negligence, and her third cause of action for premises liability. Accordingly, summary judgment is also denied. The trial date previously set in Department 36 is no longer available because that Department is vacant. The trial date and all related dates are vacated, and the case is set for Case Management Conference and trial-setting in Department 12 on December 19, 2023 at 8:30 a.m. l. Background This is a wrongful death action. Plaintiff Re...

Excerpt: ... to file and serve a first amended complaint. In the event that he elects not to amend, FPI is given to January 5, 2024 in which to answer the surviving counts of the complaint. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of aw." (Holiday Matinee, Inc. v. Rambus, Inc. (2Cu) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if alleges ultimate rather than evidentiary facts" (Doe v. City ...

Excerpt: ...nd defendant Erick Chavez entered into a written joint venture agreement ("JV Agreement") on 26, 2018, pursuant to which defendant was to propose which property to purchase and was to provide plaintiff with a full written analysis of each property that his company to purchase. (Separate Statement of undisputed Material Facts, "SSUMF," Fact Nos. 1-2.) Defendant was to coordinate "including, but not limited to, handling everything except providing ...

Excerpt: ...CIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 briefing on the exhaustion of administrative remedies issues as follows: A. By no later than 2:00 p.m. on November 22, 2023, Plaintiff shall file and serve a supplemental brief addressing the following issues: Issue One: Why the Court should not find that Plaintiffs claims against Chief John Duggan are barred based on Plaintiffs naming Duggan as a defendant in her first amended complaint filed ...

Excerpt: ...ary 23, 2023 indicates that Defendant Barret Burkett was personally served on February 17, 2023. On March 23, 2023, Plaintiff requested entry of default, which was entered that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 same date. on April 12, 2023, Plaintiff filed a request for court judgment. The prove-up hearing on the motion was scheduled...

Excerpt: ...aintiff's Additional Material Facts in Dispute and Supporting Evidence ("AMF") 1.) Plaintiff hit an "old style" upside down gate pot lid owned by Defendant East Bay Municipal utility District (EBMUD). (AMF 3.) A gate pot lid provides access to gate valves under the street. (AMF 5.) An "old school" or "old style" gate pot lid is a solid metal gate pot lid that cannot be secured in place with a screw as newer utility covers can. (AMF 6, 33.) Plaint...

Excerpt: ...ek (Sued as Doe 41) ("Defendant" or "Kubitschek")'s Motion to Quash Service of Summons and Complaint ("Motion"). The Motion is opposed by Plaintiff Christopher T. Willis ("Plaintiff' or "Willis"). For the followng reasons, Defendant's Motion is denied. Factual Allegations and Procedural History Plaintiff is the owner of real property located at 113 Canon Drive, Orinda, California. (Willis Decl. 93.) Plaintiff originally purchased the lot in 2010....

Excerpt: ...ckground On May 31, 2023, Plaintiff filed her Complaint for Breach of Contract, Negligence, Unfair Competition, and Negligent Misrepresentation against Defendant Golden State Inspections, Inc. Plaintiff asserts that she and Defendant entered into a written contract in 2017, whereby Plaintiff paid Defendant to inspect the real property to determine whether any material defects existed or needed further investigation prior to Plaintiff's purchase o...

Excerpt: ...ysis This action was filed on July 18, 2022. Default was entered against Defendants on November 17, 2022. CCP S473(b) Defendants seek relief under the mandatory provisions of CCP S 473(b). Applications under CCP S473(b) must "be made within a reasonable time, in no case exceeding six SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/13/2023 months, after the judgment...

Excerpt: ...ble evidence that would give rise to a dispute of material fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property,...

Excerpt: ... amend, and the demurrer to the fourth cause of action is overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the surviving heir and/or dependent" of Dorothy Marshall, the decedent, "and/or as personal representative and successor in interest" of Dorothy Marshall. (FAC 2.) Plaintiff filed her original complaint on December 23, 2021. The FAC alleges three causes of action for professional medical negligence (1st...

Excerpt: ...(2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K HEARING DATE: 11/13/2023 noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For purposes of ruling on a demurrer, all fa...

Excerpt: ...e returned by the post offce. Follow up resulted in 12 new addresses, leaving 5 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates a number of addiction treatment clinics. Plaintiff was employed there as a nonexempt employee. The original complaint was filed on June 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement will crea...

Excerpt: ...rmanent injunction. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/09/2023 5 Defendants demur to all Plaintiffs' causes of action for pursuant to Code of Civil Procedure S 430.10(e) on several grounds. For the follow-ng reasons, the Demurrer is overruled. Defendants are given to December 8 in which to file and serve their answer. Legal Standard "The function of a dem...

Excerpt: ...er is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2W4) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2W7) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel defendant with the n...

Excerpt: ...2(d).) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/08/2023 For the following reasons, the MS] is granted. Factual Background The Complaint alleges that Plaintiff was injured on December 19, 2019 due to a traffic accident that occurred in Antic„ch, California. Defendant Michelle Palacios is alleged to have been driving the car owned by Defendant Alex...