Excerpt: ...judgment of Claim One as to defendant Cen Cal Insurance Services, LLC, denied; motion for summary adjudication of Issue One as to Cen Cal Insurance Services, LLC is granted; motion for summary judgment of Claim Two and moton for summary adjudication of Issues Two and Three as to defendant Zuman Acquisition, LLC are denied. Background Plaintiff Plaza San Ramon LLC ("Lessor" or "Plaza") is the lessor of commercial real property in San Ramon by an a...

Excerpt: ...nt to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend as to the causes of action for motor vehicle negligence and products liability and without leave to amend as to the cause of action for general negligence. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (20...

Excerpt: ...rack" based on the conservatorship filings submitted by Plaintiff) alleges a single cause of action for negligent hiring, training, and supervision against Monte Nido, a residential care facility. (FAC 2.) Plaintiff was diagnosed with bi-polar disorder and bulimia and was admitted to Monte Nido on June 21, 2021 for further treatment of her condition. (FAC "1 6, 7.) She alleges Monte Nido was provided a "clinical packet" including information abou...

Excerpt: ...er 20, 2023. I. Factual Background Plaintiffs, Rani Devi and Ritesh Kamal, allege they checked in at Extended Stay America, a hotel owned and operated by defendants, on or about September 13, 2020, and on or about September 14, they began experiencing an itching sensation. (Complaint, "5- 7, 15-16.) Plaintiff Devi soon began to develop a rash which they later discovered was due to a bedbug infestation in their hotel room, which plaintiffs reporte...

Excerpt: ..., wherein plaintiff articulates such facts. Background Plaintiff alleges that, while she was a high school student at Harry Ells High School, between approximately 1974-1975, she was sexually abused and assaulted by a teacher who was employed by West Contra Costa Unified School District ("District"). (TAC, "17-19.) These assaults occurred approximately once or twice weekly for a year, both at school in the classroom and at the perpetrator's apart...

Excerpt: ...dants: (1) intentional interference with ex#cted inheritance; (2) financial elder abuse; (3) aiding and abetting financial elder abuse; and (4) imposition of constructive trust and accounting. Defendants demurrer to causes of action 1, 2, and 4. Meet and Confer Requirement Before filing a demurrer, the "demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer...." (Cal. ...

Excerpt: ... farmers and members of PCFMA since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their vegetable display tables under their tents. Plai...

Excerpt: ... under the pseudonym "C.W.," was a student at Kensington Elementary School in West Contra Costa Unified School District ("District"). (SAC, "11-2.) Plaintiff alleges that from approximately 1971 to 1973, plaintiff suffered the sexual assault and abuse of his special education teacher, who was employed by the District. (SAC, 919.) The acts of sexual abuse and assault took place in the classroom and at a local riding and gun club. (SAC, 919.) Plain...

Excerpt: ...d alleging that Etienne created a fraudulent quitclaim deed, forging Plaintiff's signature, which Etienne then used to transfer Plaintiff's interest in real property unbeknownst to Plaintiff. The original complaint contained causes of action for slander of title, quiet title and declaratory relief. (See April 19, 2021 Complaint.) Six months later, Plaintiff filed an amended complaint setting forth the same factual allegations and claims against E...

Excerpt: ...is case against defendant, Michael Dobbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for (1) breach of written contract, (2) breach of oral contract, (3) conversion, (4) money had and received, (5) unjust enrichment, and (5) intentional interference with contractual relations. Among the requested remedies, plaintiff seeks injunctive relief regarding who is entitled to possess the property at issue he...

Excerpt: ...granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant or cross-defendant has met his or her ...

Excerpt: ...evard exit in Walnut Creek, California. Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/06/2023 be a 2018 Isuzu pickup truck, California License Number 23060M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action agains...

Excerpt: ...Procedure S 391 et seq. Plaintiff opposes the motion. For the following reasons, the motion is granted with respect to declaring Plaintiff a vexatious litgant. Defendant's request that Plaintiff post a security is also granted. Plaintiff is to post a security of $11,000. This matter is stayed pending payment ofthe security or "until 10 days after the required security has been furnished and the moving defendant given written notice thereof." (Cal...

Excerpt: ...TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 11 Medical care as to FAC in its entirety and all causes of action — sustained with leave to amend; (b) additionally and/or alternatively, general demurrers to FAC in its entirety and all causes of action by Tele Care and Medical Care based on failure to allege facts as to employer status in light of Exhibits A and B to FAC Exhibit 1— sustai...

Excerpt: ...y November 27, 2023. This is a lawsuit between two former cohabitants, previously inwlved romantically and otherwise with each other; the female plaintiff is substantially younger than the male defendant. The male party has filed a cross-complaint against the female. This is her demurrer to his cross- complaint. Legal Standards for Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of ...

Excerpt: ... their attorney's fees, litigation costs, administration costs, and representative payments. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. This case was first filed on February 23, 2021 as a class acti...

Excerpt: ... to 175 class members. 32 packets were returned by the post office. Follow up resulted in 15 new addresses, leaving 17 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 28 A. Background and Settlement Terms Despite its clever name, Rodd & Gunn is not a sporting goods business but a retail s...

Excerpt: ... The moton is granted. Since preliminary approval was granted, the administrator has mailed notices to 407 class members. 31 packets were returned by the post office. Follow up resulted in 27 new addresses, leaving 4 nondeliverable. No objections have been received, and only one request for exclusion. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their SUPERIOR...

Excerpt: ...filed a Cross-complaint against Plaintiff and Payroll Masters. In March 2018, Jones Law sought leave to amend the Cross-complaint, which was granted. Thereafter, Jones Law's First Amended Crosscomplaint was filed, which added Cross-Defendant Sandra Vella-Andrade as a partyto the action. Ms. Vella-Andrade demurred to the FACC — as well as the subsequently filed Second Amended Crosscomplaint. This led to the filing of a Third Amended Cross-compla...

Excerpt: ...eement, the agreement by its own terms excludes the present dispute from its scope, because the law in existence at the time of contracting did not allow for arbitration agreements for individual PAGA claims. That law has since changed, but the contract itself excludes "claims that are not subject to arbitration under current law" — meaning the aw of 2019. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFF...

Excerpt: ...s granted. Legal Standard "In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration are not paid within 30 days after the due date, the drafting party is in material breach of the arbitr...

Excerpt: ...confusion) alleges 26 causes of action against approximately 23 defendants in her 5AC. NAT is named as defendant "Doe 2." The targets of Plaintiffs claims include her former spouse Laurence Alamillo ("Larry"), the family company Alamillo Rebar, Inc. ("ARI") in which Janice and Larry jointly hold an approximate 53% interest through their family trust, other of the Alamillo family who are owners, officers and/or directors of ARI, another officer of...

Excerpt: ...djudication. The anti-SLAPP special moton to strike is denied. The motion for judgment on the pleadings is construed as a demurrer to the cross-complaint and, so construed, is granted with leave to amend. Defendants shall file and serve any amended crosscomplaint by November 13, 2023. I Background Plaintiff (also referred to as "Giuffrida"), a surgeon, previously worked for defendants, Vivek Bansal, MD, and Vivek Bansal MO, INC. (collectively "de...

Excerpt: ...S 1291W, et seq.) — retaliation for engaging in protected activty; and (4) violation of FEHA (Government Code S 12940(j)) — quid pro quo sexual harassment). For the following reasons, the Motion is granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the Motion. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the el...

Excerpt: ...FORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/30/2023 Factual Allegations and Positions of the Parties The Court issued a tentative ruling on Defendants' Moton to Strike on August 14, 2023. That tentative ruling laid out in detail the factual allegations of the Complaint, as well as the positions of the various Parties in some detail. Please see that earlier tentative ruling for a ful...