Excerpt: ...n for summary judgment of his complaint. I. Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/18/19 ‐ 13 ‐ The parties to this dispute have battled for many years over property at 7090 Camino Tassajara in Pleasanton. Briefly, Clancy exchanged Danville property to buy approximately 33 acres from Corrie Development Corporation – now represented by Pete Klein as personal representative of Mr. Sidney Co...

Excerpt: ...ere, and he has not carried it. Accordingly, the motion is denied. Plaintiff's complaint is unverified, but he has also filed his own declaration under oath. Plaintiff is apparently under the impression that his vehicle was towed (and is subject to sale) because of a purported lien by a lender – in other words, that his car was repossessed. He goes to some lengths to show that in fact there is no lender lien on his vehicle. But that is a good w...

Excerpt: ...its principal, defendant Christopher Music), under which plaintiff would scout for suitable properties available for Proud Start. When she found one, plaintiff would then arrange a sale, being paid a commission by the seller. And then, at some later point, plaintiff would act as the broker in reselling the property for Proud Start. The obvious catch in this set‐up, at least as to the first contemplated transaction (Proud Start's purchase), is t...

Excerpt: ...de section 946.6 generally has the same meaning as under Code of Civil Procedure section 473. (Bettencourt v. Los Rios Community College Dist. (1986) 42 Cal. 3d 270, 275, fn. 5.) Under section 473, an attorney's sudden and unexpected illness may support a finding of excusable neglect. See Contreras v. Blue Cross of Cal. (1988) 199 Cal.App.3d 945, 951 (attorney broke her wrist).) Here the declaration of petitioner's attorney states that petitioner...

Excerpt: ...uez/Glick settlement. Since there is no longer an opposition as to the good faith of Arriaga's settlement CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/17/19 ‐ 8 ‐ with Vazquez, the Court finds that that settlement is in good faith. In addition, the analysis below discussing Arriaga's settlement with Kidwell applies equally to Arriaga's settlement with Vazquez. The party claiming that a settlement is not in ...

Excerpt: ...�� under Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801, including “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of meaning class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to th...

Excerpt: ...heir allegations, and correct grammatical errors. Plaintiffs move pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court on the grounds that Plaintiffs' investigation of previously unknown facts reveals that the notarized deeds of trust for some of the cross‐collateralized properties were altered by the inclusion of additional pages that changed the legal description after Plaintiffs executed them b...

Excerpt: ...aintiff's purported reliance on the Exchange's alleged promise to preserve the vehicle are speculative. Plaintiff's alleged damages are what she would have received in her “hypothetical products liability lawsuit against the manufacturer of her vehicle.” (TAC, paragraph 39) Any damages in these circumstances would CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/17/19 ‐ 3 ‐ be “merely possible” and cont...

Excerpt: ...��50 partnership in a company known as Side CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/16/19 ‐ 16 ‐ X Side. The parties brought several claims against each other at trial in Circuit Court of the State of Oregon, County of Jackson, Hon. Timothy Gerking presiding. The Oregon court directed verdict for plaintiff Cathy Chapman on several claims, and issued a limited judgment as to the jury awards on competing...

Excerpt: ...T: 21 HEARING DATE: 01/16/19 ‐ 4 ‐ Amended Complaint (“TAC”) filed by Plaintiff Michael J. Hickey and Plaintiff Mercedes V. Hickey (collectively “Plaintiffs” or “the Hickeys”). The TAC alleges claims for (1) wrongful foreclosure; (2) unfair business practices; (3) cancellation of trustee's deed; (4) declaratory relief; (5) violation of Civil Code § 2923.7; (6) violation of Civil Code § 2924.17; (7) violation of Civil Code § 292...

Excerpt: ...nce and negligent hiring. Bernardino is CrossDefendant Clean Carts' president, owner, and chief executive officer and signed the Service Agreement on behalf of Clean Carts. The motion is made on the ground the interests of justice will be served by allowing the filing of the amended cross‐ complaint. Here, Plaintiff Bruce Lohmann was injured when the “Gatekeeper wheel” abruptly and unexpectedly locked on the Safeway shopping cart that he wa...

Excerpt: ...T MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/16/19 ‐ 12 ‐ Defendant demurs pursuant to Code of Civ. Proc. § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial notice of several documents from the Contra Costa County Recorder Office. Plaintiff objects to this Request. Defendant's request for Judicial Notice is grante...

Excerpt: ...nrichment) and 15 (violation of Bus. & Prof. Code § 17200) for the failure to state a cause of action. Defendants have also demurred to causes of action 1 (breach of written contract) and 2 (breach of implied contract) for uncertainty. Causes of action 1 and 2 (breach of written and implied contracts) The demurrer to causes of action one and two is puzzling. These claims have been included in the complaint since the original complaint was filed ...

Excerpt: ...nds asserted in the MJOP. Plaintiff, as the prevailing party on the appeal, filed a memorandum of costs. Defendant now moves to strike it. The motion is granted in part. (See also below for more comments and directions concerning case management.) Defendant points out that the memorandum of costs was untimely filed, not having been filed within 40 days of the Court of Appeal's remittitur as required by CRC 8.278(c). Witkin sets out the settled la...

Excerpt: ...easonably pertinent to forming an opinion on the medical issues presented in the case, such as pertinent medical history and the mechanics of how plaintiff was struck during the accident. The Court regards plaintiff's objections on these points as baseless and asserted in bad faith. Plaintiff's substantive defense as to the related‐questions issues is half‐hearted, summarizable as “there's no authority directly on point so therefore it must...

Excerpt: ...ction 2033.420 allows for recovery of the costs and fees incurred in having to prove a fact that was denied in response to RFAs, though subject to some important exceptions – most importantly, when there was “reasonable ground to believe that that party would prevail on that matter”. PSIC complains that plaintiff refused to admit that a copy of the policy was mailed to him (RFA 5), pointing out that plaintiff did not dispute that fact in op...

Excerpt: ...1) professional negligence, (2) negligent supervision, (3) negligent misrepresentation, (4) breach of written contract, and (5) breach of oral contract. Planned Parenthood is a defendant in all causes of action, while Weinstein is defendant in causes of action one and three. Defendants have demurred to each plaintiff's claims for the failure to state a cause of action based on the statute of limitations being expired. (Plaintiff does not contest ...

Excerpt: ...they filed the present lawsuit, alleging that defendant had not timely processed or acted on their modification request in various ways. Defendant demurred to the original complaint in this case. Plaintiffs' counsel refused to engage in the required meet‐and‐confer, and filed no opposition to the demurrer. The demurrer was sustained with leave to amend. The ruling addressed a variety of individual problems with individual causes of action. Ov...

Excerpt: ... is still Omni, just in a different representative capacity. Moreover, the Trustee could have conducted the requested discovery in the AP but failed to do so. In reaching this decision the court has fully considered the factors in CCP § 2024.050, which are as follows: “(1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reas...

Excerpt: ...her roof and then migrated into the interior, damaging the framing and her personal property. Pacific provided plaintiff a policy of insurance for the home. This dispute turns on whether the policy provides coverage for her losses. II. Motion for Summary Judgment Plaintiff's claims are for breach of contract and breach of the covenant of good faith and fair dealing. Pacific moves for summary judgment on the grounds that the undisputed evidence sh...

Excerpt: ...class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to the proposed settlement.” Because this matter also proposes to settle PAGA claims, the Court also must consider the criteria that apply under that statute. The Legislature's express command that PAGA settle...

Excerpt: ...ities in California at any time on or after March 2, 2013. Defendants OM Fitness, LLC and Pleasanton Fitness, LLC d/b/a Fitness Evolution (collectively “Defendants” or “Fitness Evolution”) opposes certification on two main grounds. First, Defendants argue that Ms. Rodriguez cannot represent the class because she settled all her claims in 2014 and because her claims are not typical as she was a “hybrid worker.” Second, Defendants make ...

Excerpt: ...harged must be reasonable, as determined by the standard rates and hours charged to fee‐ paying clients. The Court finds that the hourly rates claimed by each of Plaintiffs' attorneys and paralegals are reasonable given their training and experience, as well as the customary rates charged in the Bay Area. The Court also finds that the hours claimed to have been spent in connection with this case are reasonable given the activities involved and ...

Excerpt: ... of Plate Line Framers, Inc. (“Plate Line”). (FAC ¶ 4(g).) Miks contends that plaintiffs' allegations are uncertain and insufficient to constitute a cause of action. (See Code of Civil Procedure (“CCP”) § 430.10 (e)‐(f).) The tort liability of corporate officers and directors was explained in Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 503‐504: “It is well settled that corporate directors cannot be held vicariou...

Excerpt: ...n, (2) trespass to chattels, and (3) intentional infliction of emotional distress. Defendants demur to the intentional infliction of emotional distress cause of action only, pursuant to Code of Civil Procedure § 430.10, subdivision (e) and on the grounds that Plaintiffs fail to state facts sufficient to constitute a cause of action for intentional infliction of emotional distress. For the following reasons, the Demurrer is overruled. Defendants ...