Excerpt: ...Cal. Evid. Code S 452(d).) For the following reasons, the unopposed MSJ is granted. Factual Background The Complaint alleges that Plaintiff was injured on September 14, 2020 when physical contact was made to him by Defendant Peter Hillard while Mr. Hillard was employed by Defendant GTE. Standard Summary judgment is proper if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled ...

Excerpt: ...al causes of action for battery, intentional infliction of emotional distress, and conspiracy. The instant motion is set for hearing on April 10, 2023. Trial is set for April 18, 2023. For the following reasons, the Motion is denied. Brief Factual and Procedural Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 July 10, 2019. Plaintiff files her in...

Excerpt: ...nt arising out of the professional negligence of a health care provider can include a claim for punitive damages. "The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to ...

Excerpt: ...rt that Pena was fired from Mechanics Bank after it determined he had sexually harassed Pacheco and others. Pena filed this action against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family to harassment, including threats of physical violence. Harassment included frequent, vulgar, and threatening calls and text messages, some referencing Pena's wife and children. Mejia allegedly posted flyers in Pena's neighborh...

Excerpt: ...gligent misrepresentation is sustained without leave to amend. Allegations of the Second Amended Complaint The operative complaint is the Second Amended Complaint ("SAC") filed on November 18, 2022. Plaintiff Noble Learning Academy ("NLA") is a private school owned and operated by Plaintiffs Cassondra Hull and Mark Hull. Defendant Walnut Creek Presbyterian Church ("WCPC") is a non- profit corporation. (SAC 91-2.) Plaintiff Cassondra Hull ("Plaint...

Excerpt: ...ol. Plaintiffs filed their complaint on December 5, 2022 "pursuant to Code of Civil Procedure section 340.1 for childhood sexual abuse." (Complaint, They contend that they suffered sexual abuse by a teacher at the high school between approximately 2007 and 2009, that "[p]ursuant to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 california Government code s...

Excerpt: ...n of Christopher J. Ohlsen is to be filed by close of business Friday, April 14, 2023. Procedural Background Plaintiff filed their initial complaint on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of...

Excerpt: ...d the tentative ruling for the March 2, 2023 hearing on this matter. On March 2, this matter was continued to allow Plaintiffs to file objections to evidence. There appears to have been a misunderstanding as to whether the parties were expecting to appear at the next hearing or whether they were expecting a new tentative ruling, which they would be required to contest in the normal manner. Given the misunderstanding, the Court is inclined to let ...

Excerpt: ...erform a citizen's arrest. The City filed a writ challenging this ruling. The Court of Appeal issued an alternative writ to this Court, which required this Court to reconsider the ruling on the demurrer in light of the City's arguments regarding immunities. The Court of Appeal stated in part: It appears the trial court omitted consideration of petitioner's asserted immunities under Government Code SS 845 and 845 from its analysis of petitioner's ...

Excerpt: ...on an attorney's fees provision which was included in forms for the agreement to process the payroll. These written "Electronic Funds Transfer (EFT) Authorization" forms and "Client Authorization for Payroll Masters to Draw Funds," both had attorney's fees clauses. Defendant and Cross-complainant Shannon 8. Jones Law Group opposes. Legal Standard "underthe American rule, each party to a lawsuit ordinarily pays its own attorney fees. "If such liti...

Excerpt: ...mary of Allegations Plaintiff Peet's Coffee & Tea, LLC ("Plaintiff" or "Peet's") entered into four separate written purchase contracts with Defendant wherein Defendant agreed to ship large amounts of coffee to Peet's in exchange for payment "360 days from delivery." (Complaint 7-10, Exs. A-D.) These contracts were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/06/2023 en...

Excerpt: ...s-complaint. Tulloch sued cross-defendants for (1) professional negligence, (2) breach of written contract (Pacific Union and Compass only), (3) implied indemnity, (4) declaratory relief and (5) enforcement by Tulloch of assignment of Plaintiffs' rights. Cross-defendants demurred to causes of action one, two, three and four based on the failure to state facts sufficient to constitute a cause of action. Negligence (C/A 1) Defendants argue that the...

Excerpt: ...14, 2023. Factual and Procedural Background This matter pertains to a motor vehicle accident that occurred on August 16, 2019 in Brentwood, California. On that date, it is alleged that Plaintiff was driving eastbound on Marsh Creek Road when he signaled and stopped to make a left turn across westbound Marsh Creek Road into his driveway. Defendant Gonzalez failed to stop in a timely manner and collided with the rear of Plaintiff's vehicle. This im...

Excerpt: ...cond cause of action for violations of Government Code SS 815.2, 815.4, 815.5, 820(a), 830, 835, and 835.2. Defendant mcwes on the grounds that there is no triable issue as to any material fact as to any of Plaintiff's claims against Defendant State and Defendant State is entitled to judgment as a matter of law. As to Summary Adjudication, Defendant State argues that: (1) Defendant State is entitled to summary adjudication as to the Second Cause ...

Excerpt: ...round Plaintiffs first amended complaint alleges that on June 25, 2020, she was riding a bicycle in a bike lane on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 5-8.) The FAC alleges a single cause of action for negligence and seeks exemplary damages ba...

Excerpt: ...lease with the entity Richmond Saigon Seafood Harbor Restaurant, Inc. In 2019, specially appearing defendant Chunfu Yu ("C. Yu"), Brother Union Capital Holding, LLC ("Brother"), and Yi Dong entered into a wrtten guaranty of the rent payments with Plaintiff. (Memo. ISO Mot. p. 3, II. 2-6.) Plaintiff filed the complaint initiating this action against C. Yu and his spouse Li Yu in April 2021, alleging claims for fraudulent transfer, breach of the im...

Excerpt: ... of Chun Huang filed on December 21, 2022 as it was signed by her attorney instead of by Huang. Chun Huang was sworn in and affirmed all statements in that Affidavit. Defendant then requested time to file objections to the Affidavit. The Court granted Defendant's request and ordered that objections be filed by March 10, 2023. Plaintiff would have until March 22, 2023 to file a response. Defendant filed objections ten days late on March 20, 2023 w...

Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...

Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...

Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...

Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...

Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...

Excerpt: ...e Partes abide by the rules and procedures and work together as professionals to move this matter forward. Procedural Background The Complaint in this matter was filed on July 25, 2022. Generally, a party must file a response to a complaint within 30 days after the summons and complaint are served upon them. (CCP S 412.20(a)(3).) To evidence when the complaint was served, the "proofs of service on those defendants must be filed with the court wit...

Excerpt: ...nt Young demurs to the Fourth, Fifth, and Sixth causes of action, the only claims asserted against him. Defendant contends that Plaintiff has failed to alleged facts suffcient to constitute each of these causes of acton (CCP S 430.10(e)), and that the Fifth and Sixth causes of action are also uncertain (CCP S 430.10(f).) Defendant's Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h).) For the follow-ng reasons, Defendant's de...

Excerpt: ...s ("ANM") filed this action for breach of settlement agreement, specific performance, and intentional misrepresentation against Defendant Nikki Bowery on June 29, 2022. On or about March 24, 2021, ANM sold Bowery a Cadillac CTS V (the "Vehicle"). Sometime thereafter, Bowery made various allegations against ANM relating to defects in the Vehicle, which culminated in a Settlement Agreement and Release on June 15, 2022 ("Agreement"). (Ex. A to Decla...

Excerpt: ... business Friday, April 7, 2023. Factual and Procedural Background Plaintiff owns a townhome located at 75 Glen Valley Circle in Danville, California (the "Property"). The Property is located within the Camino Ramon Terrace Association and is governed by the relevant CC&R's. Defendant Camino Ramon Terrace Owner's Association is the homeowner's association ("HOA") responsible for the common areas and homes in the Camino Ramon Terrace Association. ...

Excerpt: ...amended complaint by May 8, 2023. If no guardian ad litem is appointment by early May, Plaintiff's counsel shall request an extension of the time to file an amended complaint by ex parte application. The case management conference schedule for April 12, 2023 is continued to June 9, 2023. Kimberley Briggs has filed this lawsuit "as Parent and Natural Gaudian" of Trey Briggs. No guardian ad litem has been appointed in this case and no guardian ad l...

Excerpt: ...ado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been acting in the course and scope of her employment for the Sutter Defendants at the time of the events in this case. In the operative SAC, P...

Excerpt: ...mbia, Canada for Defendant's alleged failure to repay a loan. Plaintiff obtained an alternative service order allowing Defendant to be served by e-mail and Facebook. Defendant failed to appear, and Plaintiff obtained a default judgment against Defendant. Defendant now resides in Contra Costa County. Plaintiff filed this civil action to recognize the judgment obtained in British Columbia, Canada. Motion Pursuant to Code of Civil Procedure S 438, D...

Excerpt: ...f the implied covenant of good faith and fair dealing, fraud, and conversion. Wittrien filed, and presumably recorded, a notice of pendency of action on June 15, 2021. In May or June of 2020, the parties entered into negotiations for Wittrien to purchase the Property at 1480 Taylor Road in Bethel Island, California (the "Property") from Defendant Teresa Jo Mazzarella. The Property was in significant disrepair and had been declared a nuisance by t...

Excerpt: ...d by defendant East Bay Municipal Utility District ("EBMUD") needed to be relocated. This case is, at bottom, a dispute between CCTA and EBMUD concerning the cost of relocating those pipelines. The parties stipulated to, and the Court ordered, cross motions for summary adjudication. Because the cross motions address the same causes of action, the Court considers it appropriate to issue one consolidated tentative ruling, which will tentatively res...

Excerpt: ...s a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Plaintiff moves for summary adjudication against Defendant's 35th affirmative defense which asserts that Defendant's actions are protected by the doctrine of judicial deference set forth in Lamden v. La Jolla Shores Condominium Homeowner's Ass'n (1999) 21 Cal.4th 249. Plaintiff mcwes on the ground that this affirmative defense "is inapplic...

Excerpt: ..."this policy should be applied only 'where no prejudice is shown to the adverse party.' A different result is indicated 'where inexcusable delay and probable prejudice to the opposing party' is shown." [Citations omitted.) (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) Amendment is properly denied where there has been an unreasonable delay in seeking the amendment. (Green v. Rancho Santa Margarita Mortgage Co. (1994) 28 Cal.App....

Excerpt: ...ting this action. The Complaint alleges three causes of action under the Song- Beverly Consumer Warranty Act, Civil Code section California's vehicle "lemon law" is contained in the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq. (the "Song-Beverly Act") which includes California's "Lemon Law." He alleges claims for breach of express warranty, breach of implied warranty, and failure to timely service and repair his vehicle in...

Excerpt: ...d reached agreement that County would pay plaintiff $45,000 in exchange for a dismissal of this action. At the time of the mediation, Plaintiff had appealed her termination with the Contra Costa County Merit Board. The administrative proceedings had been stayed at Plaintiff's request pending the outcome of this case. The parties never executed a written settlement agreement because they disagree as to the material terms of the settlement. County ...

Excerpt: ...r, only two barriers remained to judicial approval: (1) submission of the entire "confidential" settlement, including provisions governing the settlement of plaintiff's individual claims, to enable the Court to review the totality of the settlement of all issues, for the reasons explained in the prior orders; and (2) provision for a compliance report establishing compliance with the settlement. The parties have now submitted an Amended Motion for...

Excerpt: ... OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/23/2023 13 In a nutshell, the fundamental problem with TEG'S cross-complaint against Agra Tech is that it is a defense masquerading as a cross- complaint. Importantly, although there are numerous parties to this litigation, the only party that has sued TEG is Agra Tech. Accordingly, there are no claims against TEG, from plaintiff Natu...

Excerpt: ...rrer to the third and fourth causes of action is overruled. Defendant shall answer the complaint within 15 days. Background On September 2, 2022 Plaintiff Shonte Herse filed this action against Defendant Harley-Davidson Motor Company, Inc. ("HDMC"), alleging violations of California's Song-Beverly Act (SBA, Civil Code SS 1790 et seq.), and the federal Magnuson- Moss Warranty Act (MMWA) (15 U.S.C. SS 2300 et seq.). In the operative Second Amended ...

Excerpt: ...al briefs and now re-affirms that Defendant is entitled to attorney fees. This ruling addresses some additional issues not included in the prior tentative ruling. Joseph Sahar, Nathan Sahar and Michele Sahar sue Said Shefayee and Raymond Miller for (1) malicious prosecution, (2) abuse of process, (3) negligent infliction of emotional distress, (4) intentional infliction of emotional distress and (5) declaratory relief. The complaint arises from a...

Excerpt: ... to review the Court's own files in this matter. Procedural Issues Initially, it is worth noting that the below analysis pertains to Plaintiff's Amended Opposition papers due to Plaintiff's failure to follow the proper procedures for filing an opposition to a motion for summary judgment. This is the second time the Court ordered Plaintiff to re-do their papers for failure to file suitable papers and appropriate evidence. As discussed in more deta...

Excerpt: ...ts be awarded based on Plaintiff Susan Clancy not being awarded any recovery by the jury. l. Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. (bj.) To obtain costs, the prevailing party must file and serve a memorandum of costs, which "must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of c...

Excerpt: ...on and PAGA case. • Chiesa v. Airgas, No. 34-2022-00325292, filed in Sacramento County on August 17, 2022 as a class action. • Chiesa v. Airgas, No. 34-2022-00328503, filed in Sacramento County on October 19, 2022 by the same plaintiff as the precedng case, as a PAGA-onl',' case. Pursuant to an order of the Chief Justice entered February 16, 2023, Contra Costa Superior Court was assigned to decide the motion, and the Presiding Judge of this c...

Excerpt: ...low Felisilda v. FCA US LLC (2020) 53 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/23/2023 Page 33 of 38 cal.App.5th 486 given the opinion in Ngo v. BMW of North America, LLC et al., (9th Cir. 2022) 23 F.4th 942 and the possibility that the Second Circuit will decline to follow Felisilda in Ochoa v. Ford Motor Company (8312261), and consequently create a split of autho...

Excerpt: ...ends over the single family residence located at 1751 Argonne Drive in Concord (the "Property"). In a separate unlawful detainer action, defendants Dan and Tracey Towne (the "Townes"), who own the Property, are seeking to evict the Plaintiffs. Plaintiffs filed a verified complaint initiating this action alleging nine causes of action against the Townes, including a claim for specific performance, based on an alleged oral agreement made in Septemb...

Excerpt: ...on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 6-8.) The FAC alleges a single cause of achon for negligence and seeks exemplary damages based on the "despicable" conduct of defendant Daniel Kvitko fleeing the scene of the accident. (FAC "1 11, 12 and ...

Excerpt: ...on of each of the first five causes of action contained in the operative first amended complaint ("IAC"), which was filed on June 21, 2022. The original complaint in this action was filed on December 15, 2021. The MSA makes two arguments. First, it says that because the easement at issue here is appurtenant, each of the first five causes of action fails as a matter of law. Second, it says that each of the first five causes of action is time-barre...

Excerpt: ...close of business Thursday, March 30, 2023. Factual and Procedural Background Plaintiff owns and resides in real property located at 163 Lakeshore Court, Richmond, California. Defendants own and reside in real properly located at 162 Lakeshore Court, Richmond, California. Defendant's residence is physically located directly over Plaintiff's residence. Both residences are members in a home owners' association ("HOA"). There apparently have been on...

Excerpt: ...anDepot") in April 2019. Plaintiff alleges she was added to title and forced to sign a deed of trust securing loanDepot's loan, the proceeds of which were used to buy out Jennifer Corrigan's ex-husband's interest in the property. Plaintiff alleges she was not provided the proper loan disclosures and suffered harm when the property was sold in foreclosure. On November 21, 2022, loanDepot accepted service of the summons and complain via notice and ...

Excerpt: ... set forth six cause of action all related to Defendant's alleged failure to pay for legal services provided to him by Plaintiff. On February 16, 2022, Plaintiff moved for, and received, entry of default against Plaintiff. Default judgment was entered on March 9, 2022. Thereafter, on April 19, 2022, Plaintiff filed his first motion set aside default and default judgment. That motion was granted on June 20, 2022. Defendant filed his answer on June...

Excerpt: ...y to borrow funds from a family member. Procedural Background On October 18, 2022, the parties engaged in mediation. At mediation the parties reached an agreement. The agreement was reduced to writing and signed by Plaintiff's and Defendant Miller. The agreement stated Defendant Miller would pay plaintiffs $30,000 within 90 days of signing the agreement. If Defendant Miller did not make such payment within 90 days a stipulated judgment would be e...