Excerpt: ... 15, 2023 as a class action. PAGA claims were added by amendment on June 2. The settlement would create a gross settlement fund of $220,000. The class representative payment to the plaintiff would be $7,000. Attorney's fees would be $73,333 (one -third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs are estimated at $8,000. PAGA penalties would be $30,000, resulting in a payment of $22,500 to th...

Excerpt: ...mended complaint (FAC), namely count 3 (covenant of quiet enjoyment), count 4 (intentional infliction of emotional distress), and count 6 (covenant of good faith and fair dealing). The demurrer is sustained without leave to amend. FPI is given 21 days in which to a nswer the remaining causes of action against it. If plaintiff contests this tentative ruling to seek leave to amend, he should attend the hearing prepared to discuss in detail what am...

Excerpt: ...violation of the California family rights act; (7) failure to provide meal & rest periods; (8) failure to provide overtime wages; (9) unfair business practices; (10) retaliation and wrongful termination in violation of public policy; and (11) intentional infliction of emotional distress. Defendant demurs to Plaintiff's causes of action for (1) disability harassment and (11) intentional infliction of emotional distress pursuant to Code of Civil ...

Excerpt: ... resolved in t heir favor, it was the operative catalyst in securing the relief petitioners sought, namely the termination of the Tree Removal Agreement (TRA) between Pacific Gas and Electric Company (PG&E) and the City of Lafayette. Although petitioners' present motion does not limit itself to seeking an award against only PG&E (rather than the City), only PG&E has filed an opposition. The Court would have welcomed the City's input on the issu...

Excerpt: ...n June 2022, Kruse filed this lawsuit seeking $308,642 for unpaid work. A first amended complaint was filed in November 2022. Thompson Builders filed this motion to compel arbitration on December 21, 2023. “ ‘ “ ‘[T]he threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' ” ' [Citations.] … This initial issue also reflects the very plain principle that you cannot compel i...

Excerpt: ...onsumer W arranty Act, Civil Code § 1791, et seq., fails to state facts sufficient to constitute a cause of action. (MTS p. 2: 3 -5.) 2. The claim for violation of the Magnusson -Moss Warranty Act, 15 U.S.C. § 2301, et seq., fails to state facts sufficient to consti tute a cause of action. (MTS p. 2: 6 -8.) 3. The claim for breach of express warranty under California Commercial Code, Cal. Com. Code § 2103, et seq., fails to state facts suffici...

Excerpt: ...Plaintiff Jaime Gonzalez Santiago alleges he was injured on June 9, 2022, while working for Defendant Georgia Langsam's horse breeding facility. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 0 3/13/2024 On June 7, 2023, Plaintiff filed an Application for Adjudication with the WCAB alleging injury on June 9, 2022, resulting from his employment with Defendant. On August 2...

Excerpt: ...aratory relief. Only th e first and third causes of action are alleged against the Kristons. For the following reasons, the motion for summary judgment is granted. Legal 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 relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be sep...

Excerpt: ...UPERIOR CO URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/13/2024 from Plaintiff Region Bank's predecessor in interest. Plaintiff now moves for summary adjudication as to its first cause of acti on for breach of the promissory note by Defendant Susan Hyde. Standard Summary adjudication is proper if all the papers submitted show that there is no triable issue as to any material f...

Excerpt: ...pecialis ts over the years, she has undergone MRIs, Xrays, CT scans, and physical therapy. She has been deposed and she attended a physical examination by a defense retained expert on March 25, 2021. Plaintiff's medical records, disclosed to the defense long ago, r eflect on-going neck and disc issues. At her deposition on December 10, 2020, she testified she had on- going problems with her neck and discs. At the defense- requested medical exam...

Excerpt: ...uisance. Defenda nts' Demurrer is sustained with leave to amend as detailed below. Plaintiff's counsel is ordered to appear whether or not Plaintiff contests this tentative ruling. Order to Show Cause Before getting into the merits of the Motion, the Court must address th e conduct of Plaintiff's Counsel – Mr. Ilan Janfaza - during these early stages of this matter. This motion was originally set for hearing on February 7, 2024. The Court conti...

Excerpt: ...Relief; and (8) Unjust Enrichment. Defendant demurrers to each cause of action on the basis that the Complaint fails to state facts sufficient to support any of the alleged causes of action. Defendant's demurrer is overruled for the reasons set forth below. Fac tual Allegations This matter pertains to claims made by Plaintiff Raymond Lee against his former caregiver, Defendant Marniee Fabiola Sjolander. Plaintiff alleges that he was misled by Def...

Excerpt: ...met their i nitial burden to show entitlement to judgment as a matter of law, the City of Pittsburg has also shown triable issues of material fact exist that preclude summary judgment, as discussed below. Factual Background Plaintiffs entered into a written “License Agreement” with the City of Pittsburg (“City”) on August 19, 2019, pursuant to which the City would provide the location for an ice rink and plaintiffs would install and opera...

Excerpt: ...r summary judgment on the negligence cause of action on the grounds that the uncontroverted expert testimony shows that plaintiff cannot establish a prima facie case of professional negligence or causation. For the following reasons, the MSJ is denied. Legal Standard Code of C ivil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause o...

Excerpt: ...”) §473( b). Code of Civil Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, ot...

Excerpt: ...olye r purchased the Property with Defendants Gershon Luria and Irit Sanger Luria in 2011. At some point in time, the Parties' relationship devolved and Plaintiffs decided they did not want to continue to co -own the Property with Defendants. Plaintiffs filed t heir initial Verified Complaint for Partition of Real Property on March 7, 2016. On March 25, 2016, Defendants filed a separate action (MSC16 -00579) which involved issues related to th...

Excerpt: ...y, Western Surety Company for (1) breach of contract, (2) intentional misrepresentation, (3) false promise, (4) negligent misrepresentation, (5) accounting and refund, and (6) enforcement of contractor's license bond. Defendants Red Door, Zhobin Safdari, and Cynthia Safdari move to compel arbitration of Plaintiffs' claims and stay the action pending arbitration. Plaintiffs oppose the motion. For the following reasons, the motion is granted. Reque...

Excerpt: ... motion, though without separate argument or exposition. Plaintiff's opposition raises no points or arguments that would apply only to Amazon, nor does it make any arguments (aside from the filing date) as to why a ruling in EVLO's favor should not also apply to Am azon. Accordingly, the motion is granted for Amazon as well. Factual Background EVLO was a delivery service based in San Jose that began doing business on or about August 17, 2018, an...

Excerpt: ...reekside") al leges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). (Def. Sep. Stmt. ("SS") of Undisputed Material Facts ("UMFs") No. 2.) Creekside has filed two lawsuits concerning alleged construction defects a t the Project, one against the general contractor (which the parties and the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT...

Excerpt: ...rom a Go ogle search it appears that it operates a restaurant in Brentwood. Plaintiff alleges that she worked at defendant in a non- exempt hourly job, though her job duties and dates of employment are not identified. The original complaint was filed on May 15, 2023 as a class action. There are no PAGA claims and the case is being settled on a class action basis. The settlement would create a gross settlement fund of $172,500. The class represe...

Excerpt: ...iff worke d for defendant as a customer service representative between April and November 2019. The original complaint was filed on March 26, 2021 as a class action. It was amended to add a PAGA claim, and further amended again. The settlement would create a gross settlement fund of $910,000. The class representative payment to the plaintiff would be $7,500. Attorney's fees would be $303,333 (one -third of the settlement). Litigation costs would...

Excerpt: ...OR COURT OF CA LIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/06/2024 attorney fees and costs. Background and Procedural History On August 10, 2023, plaintiff David Taylor, Sr. (“Taylor”) filed this actio n against his employer, defendant United Parcel Service, Inc. (“UPS”), and his former co -worker, defendant Anthony Romero (“Romero”). The complaint alleges that Romero enga...

Excerpt: ...ersonal legal representative and successor -in -interest, Essie Bracknell, and Essie Bracknell, individually, ("Plaintiff/Plaintiffs") filed this action against Defendants Orinda Care Center, LLC, Renew Health Group, LLC, Larry Goldfarb, Crystal Solorzano, ("OCC"), Michael Sorace, Sonya Kolinsky, and John Bracknell alleging claims for: (1) elder abuse and neglect in violation of California Welfare and Institutions Code §§ 15600...

Excerpt: ...personal l egal representative and successor-in -interest, Johnny Silva, and Johnny Silva, individually, ("Plaintiff/Plaintiffs") filed this action against Defendants Orinda Care Center, LLC, Renew Health Group, LLC, Larry Goldfarb, and Crystal Solorzano ("OCC"), alle ging claims for: (1) elder abuse and neglect in violation of California Welfare and Institutions Code §§ 15600, et. seq.; (2) violations of patient rights pursuan...

Excerpt: ...at M arina Bay Community Association. Factual and Procedural Background: Plaintiff filed her complaint in this matter on February 10, 2022. The Complaint identifies the Parties as neighbors, with Defendants Long Nguyen and Tran Ta (“Defendants”) living in the condominium located directly above Plaintiff's. Both properties are located in the Shores at Marina Bay Community Association (“Shores HOA”) and are subject to its Covenants, Condi...

Excerpt: ...ed Co mplaint (“SAC”). Factual Allegations and Background This matter pertains to issues arising from the purchase and sale of real property located at 205 Glorietta Boulevard in Orinda, California (the “Property”). Plaintiffs purchased the Property in August 2021. Escrow closed in October 2021. Defendant Filo Real Estate, Inc. dba Realty One Group Complete (“Realty One”) served as Plaintiffs' real estate agent and broker for the tran...

Excerpt: ...�the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action,” but this rule may be overridden by other statutory provisions and is su bject to the Court's power to transfer. (CCP § 395(a).) The Court has discretion to order that the place of trial be changed to another Superior Court of this state in several circ...

Excerpt: ...ngf ul foreclosure is denied; Summary adjudication of the fourth cause of action for financial elder abuse is denied; Summary judgment is denied. 8 Factual and Procedural Background The Court summarizes only the facts relevant to this motion. Plaintiff Dale Riggins obtained a $490,000.00 loan from World Savings Bank, FSB, with his spouse Tina Riggins as co -borrower, secured by a Deed of Trust against real property located at 613 -615 -619 South...

Excerpt: ...the age of 36 after inhaling gases from an Office Depot Cleaning Duster that was “designed, manufactured, distributed, sold, and delivered by defendants, including Shipt. (FAC, ¶1.) It is well -known and documented that the harmful gases in this duster product may be inhal ed (and often are inhaled) for a brief euphoria, an effect which leads to addiction, often with fatal consequences. (FAC, ¶¶2 -3.) Defendants knew or should have known of ...

Excerpt: ...eclarato ry relief; and (7) temporary restraining order, preliminary injunction, and permanent injunction. Defendants demur to Plaintiff's entire Complaint and each cause of action for each cause of action therein for failure to allege sufficient facts to state a claim, demur to the fraudulent concealment and interference with existing contracts causes of action for uncertainty, and demur to the declaratory relief cause of action for alleging voi...

Excerpt: ...ew Dau ghters as individual defendants, add a cause of action for intentional tort against them, and to seek punitive damages against Martina Animal Rescue and the individual board members. Defendant Martina Animal Rescue opposes the motion on several grounds inc luding inadequate counsel declaration and substantive challenges to the proposed causes of action against Laura Plunkett and Matthew Daughters. For the following reasons, the motion is g...

Excerpt: ...uit in May 2023, alleging nine causes of action against Hagar, including Breach of Contract (C/A 1), Breach of the Implied Covenant of Good Faith and Fair Dealing (C/A 2), Conversion (C/A 3), Financial Elder Abuse (C/A 4 and 5), Fraud (C/A 6 and 7), Negligent Mis representation (C/A 8 and 9). Hadar answered the complaint in July 2023. Hagar then filed a separate unlawful detainer action in October of 2023 (MS23 -0864). In the UD complaint, Hagar...

Excerpt: ...d file an amend ed cross-complaint. If they decline to do so, Cross -Defendants' time to answer the surviving counts will run from then. Judicial Notice Cross- Defendants request Judicial Notice of a Lease and Lease Amendment between Cross -Defendant 1403 Locust Street LLC a nd Cross-Complainants Taleb and Abughaban. The lease agreements are not attached to the cross -complaint but they are directly referred to in it, and are the basis for two o...

Excerpt: ...ney's fe es, litigation costs, administration costs, and representative payment. The motion is granted with a modification. 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 c oncerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations ...

Excerpt: ..., however: T he Court believes that the analysis provided below should assist the parties in resolving most if not all of the open points of debate, and should provide a road map for how the sides can go about getting to a bottom -line result as to fees. Accordingly, the parties are SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/29/2024 39 directed to engage in subst...

Excerpt: ...igence, int entional misrepresentation, and negligent misrepresentation. Defendants Shapell Industries and Toll Brothers move to compel arbitration of Plaintiff's claims and stay the action pending arbitration. Plaintiff opposes the motion. For the following reasons, the motion is granted. Request for Judicial Notice Defendants' unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Analysis Legal Standard on Motions to Com...

Excerpt: ...levant time s” as an hourly-paid or nonSUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/29/2024 22 exempt employee. While Defendant is a Utah limited liability company, Plaintiff worked for Defendant in California. In May 2022, Defendant required all new employees to agree to the terms of a 25 -page document containing various policies and agreements titled the “Ap...

Excerpt: ...fications needed to be included as part of the “project” as described in the EIR; (2) include consideration of Unit 250 in the cumulative impacts analysis; and (3) reconsider the Odor Prevention and Management Plan. The lengthy background of these orders is included in the Court's Statement of Decision and will not be repeated here. In response, respondents certified a Revised EIR that does the following: (1) concludes that the NuStar Termi...

Excerpt: ...ns alleging various v iolations of the Labor Code. This case, No. C23 -02498, is filed as a class action. The other, No. C23 - 03184, is filed as a PAGA -only case, but asserts essentially the same set of violations of the law. Although the cases would call for different treatment if AAA's motion to compel arbitration were to be granted, the cases raise essentially the same issues. Defendant's motion is denied. A court must order arbitration if...

Excerpt: ...s consolid ated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." (CCP § 1048(a).) Under California Rules of Court, rule 3.350, a notice of a motion to consolidate must: (A) list all named parties in each ca se, the names of parties who have appeared, and the names of the parties' respective attorneys of record; (B) contain the captions of all cases sought to be consolidated, wit...

Excerpt: ...epresentation ; and (4) negligence. Cross- Defendant demurs to each of the causes of action. On the same date Calicraft filed its opposition papers, it also filed a Request for Dismissal of the false promise and negligent misrepresentation causes of action. As such, th e Court will only address the demurrer with respect to the concealment and negligence claims. Mr. Cormier's demurrer is sustained with leave to amend for the reasons set forth be...

Excerpt: ...o comply w ith mandated reporter law, (7) concealment, and (8) negligent misrepresentation. Defendants demur to Plaintiff's cause of action for (2) breach of contract and (4) IIED pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. As a threshold issue, the meet and confer in this case does not meet with the technical requirements of CCP § 430.41(a), which requires that “the demurring party shall meet and confer in...

Excerpt: ... to strike are gran ted. Considering plaintiff has had multiple attempts to allege the requisite facts, the demurrer is sustained without leave to amend. Should plaintiff have any facts that she could plead to remedy the deficiencies herein, she may come to the hearing prepa red to present those facts and, ideally, include them in any request to contest this tentative. Otherwise, defendants shall file their answers on or SUPERIOR COURT OF CALIF...

Excerpt: ...a Spears , Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “Beneficiaries”), in a Wills and Trust case filed in Contra Costa County (Case no. P21 -00824). (¶ 5.) The matter pertained to a Trust established by the parents/gra ndparents of the Beneficiaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the Beneficiaries SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY...

Excerpt: ...d part and denied in part. Weed shall answer the FAXC no later than March 8, 2024. Background Plaintiff Weed and Defendant Mendes are former law partners of Mendes Weed, LLP whose relationship deteriorated. In or around September 19, 2022, the parties began negotiating regarding the dissolution of the firm. For approximately two months, the parties negotiated an agreement to wind up the law partnership. These negotiations culminated in an agreem...

Excerpt: ... inform gift of public funds, that it does not state sufficient facts to constitute a cause of action (CCP § 430.10(e)), and that is it is uncertain (CCP § 430.10(e)). For the following reasons, the Demurrer is sustained SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/23/2024 without leave to amend. Joinder by Contra Costa County The Court grants Defendant Contra...

Excerpt: ...s denied as to the first and eleventh causes of action. If plaintiff contests this tentative to seek leave to amend those counts, he should come to the hearing prepared to discuss in detail how he proposes to amend, and how that will suffice. Because this is the firs t challenge to the complaint, plaintiff is given leave to amend as to all remaining causes of action. Plaintiff shall file and serve any amended complaint by March 21, 2024. Shoul...

Excerpt: ...h, the demurrer by Budde and Ross to the first and second causes of action is sustained without leave to amend. If plaintiff contests the tentative to seek leave to amend, he should come to the hearing prepared to discuss in detail what he has in mind and how it will be sufficient. Budde does not demur to the third cause of action for negligence, which is asserted only against Ross. To the extent that Ross's cursory filing can be taken as demur...

Excerpt: ...ey do not do so, Mitchell is given a further 28 days after that in which to answer the remaining counts of the cross -complaint. Background and the Pleadings This case arises from the buyout of plaintiff Mitchell's majority ownership in SPC, a painting contracting busine ss. SPC was founded by Mitchell and run by him until 2019. It encountered a number of business difficulties, including incurring substantial losses; being subject to an audit con...

Excerpt: ...P ruling tha t denied defendant's anti -SLAPP motion in part. Any renewal or amendment of the motion will be deemed timely by relation back to this motion. This case arises from a dispute between plaintiff SMP Construction and defendant Donna Holsten. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/22/2024 22 Holsten hired SMP to do some foundation work on her home. A...

Excerpt: ... governing these employment relationships at the time of the asserted claims. Plaintiff thereafter filed a claim in arbitration with the American Arbitration Association (AAA). Defendant has refused to participate in that arbitration proceeding, to respond to the arbitra tion claim, or to pay AAAA's fees. Hence, plaintiff has filed the present motion to vacate the Court's prior order compelling arbitration, asking instead that this case proceed...

Excerpt: ...nt City's certification of the P lan Orinda Final Environmental Impact Report/Responses to Comments on the Draft EIR ("FEIR") in connection with the approval of zoning modifications and general plan amendments (the "Project" or "Plan Orinda") approved on January 31, 2023. (Administrative Record ("AR") 1-116.) OSEE contends the City failed to comply with the California Environmental Quality Act, Public Resources C...

Excerpt: ...s member s. None of the packets was returned as undeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms The pleadings do not identify what business defendant is in, but from its website it is apparently in the business of locating buried utility lines for construction. The complaint alleges that plaintiff was employed at defendant during the relevant period, though it does ...

Excerpt: ...ty to e nforce all its conditions for the development of that specific property. The defendant City of Lafayette opposes the petition on the bases that plaintiff did not exhaust her administrative remedies and that the court is without authority to order the City to remove structures already built as such an order violates the rights of the property owners at 4069 Happy Valley Road. For the reasons et forth below, the court denies the petition f...

Excerpt: ...iracy and alter ego theories. (Notice of Demurrer p. 2: 1 -11.) For the following reasons, the Demurrer is overruled as to the breach of written contract and voidable transfer causes of action and sustained as to the breach of oral contract, concealment(fraud) , promissory estoppel, and unjust enrichment causes of action. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their demurrer in detailing thei...

Excerpt: ...as clean ers in 2020 and 2021. The case's procedural history is a little complicated. The original complaint was filed by plaintiff Grande on November 12, 2021 as a class action. PAGA claims were added by amendment in January 2022. However, upon presentation to pla intiff of an arbitration provision, plaintiff dismissed her class and individual claims, narrowing the case to a representative PAGA claim, and the parties stipulated to stay the case...

Excerpt: ...Mirda (2007 ) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not o n the evidence or facts alleged." (E -Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) Accordingly, the court assumes the truth of the complaint'...

Excerpt: ...�l ed these two motions to compel further responses to special interrogatories and to compel further production of documents, Set 2, on September 25, 2023. Defendant One Gro, Inc. filed its opposition on January 31, 2024. Background Plaintiff Island Breez e Systems CA LLC and One Gro., Inc., an Oregon corporation doing business as One Gro Investment Group, entered into a series of agreements beginning in May 2017 and culminating in a Service Agr...

Excerpt: ...dant H inton for a noticed deposition; 4) failed to produce defendant Khawaja for noticed deposition; and 5) failed to produce Doordash's representative for a noticed deposition. Defendant Doordash filed an Opposition on February 5, 2024, which, as plaintiff points out, is several months after the motion was served on Defendant Doordash. In his Reply to Doordash's “untimely” opposition, plaintiff urges the court not to consider it at all. Th...

Excerpt: ... (ref erred to in motion pleadings as Rosa Torres Casinelli and referred to herein as the "Driver") when that vehicle made a left turn from Moraga Way onto Coral Drive and struck her in the intersection. (Compl. ¶ 7; City's Separate Statement ("SS") of Undispute d Material Facts ("UMFs"), UMF Nos. 37 -43, 45- 47, 50.) Among other things, Plaintiff contends that vegetation created shadows over the bike lane that contri...

Excerpt: ...t hereby gra nts the motion, in part, on the ground that the City is entitled to design immunity. Discussion Factual Background Plaintiff filed a Complaint for Damages on July 1, 2022 against defendants Ryan James Richins, Stacy Dawn Richins, State of California, Count y of Contra Costa, City of Brentwood, and Does 1 -50, inclusive. Therein, Plaintiff alleged two causes of action: (1) Negligence and (2) Government Liability: Government Code sect...

Excerpt: ...o amend. Discussion Legal Standard “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is su
¯icient if it alleges ultimate rather than evidentiary facts” (Doe v. City of L...

Excerpt: ...ng a doubles tennis match. At some point during a match, “Defendant struck a tennis ball directly SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 at the Plainti
¯'s head, when the Plainti
¯ was standing in front of the Defendant, in clear view of the Defendant, hitting Plainti
¯ directly in the right ear at a high velocity.” Plainti
¯ alleges that �...

Excerpt: ...ed as to the second cause of action. Because this is the Þrst challenge to the complaint, and because it appears plainti
¯ may be able to plead the requisite facts, plainti
¯ has leave to amend and shall Þle and serve any amended complaint by February 20, 2024. A. Background Plainti
¯, Sweet Adeline, Inc., is a franchisee operating a Wingstop restaurant. (SAC, ¶8.) On or about March 17, 2022, plainti
¯ and defendants, TastyWings Inc. and W...

Excerpt: ...oad in Contra Costa County, California (“Haddad Property”). Defendants are Monroe RE, LLC Road Monroe Operations, LLC (“Monroe Defendants”) and the California Department of Social Services. Monroe RE, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 LLC owns the real property at 5530 Johnston Rd. (“Monroe Property”) on which the Monroe Defendants...

Excerpt: ... Þrst sets of form interrogatories to each plainti
¯, served on or about April 26, 2023; and (2) defendant's Þrst sets of requests for production of documents to each plainti
¯, served on or about May 7, 2023. Within ten days thereafter, plainti
¯s are ordered to produce all responsive documents, without objections. These discovery requests were served last April and May. Purported responses were served last August. The responses, however, w...

Excerpt: ...perpetrator. He has sued the person who assaulted him (named as John Doe), the landlord of the apartment complex, and DoorDash. DoorDash has moved for an order compelling plainti
¯ to arbitrate his claims against DoorDash and staying the remainder of the action pending the arbitration. Procedures for Enforcement of Arbitration Agreement Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., or by t...

Excerpt: ...egligence cause of action on the grounds that: [Issue 1] Plainti
¯ failed to plead the existence of any mandatory duty, [Issue 2] Plainti
¯ cannot establish the breach of any mandatory duty owed, and [Issue 5] the primary assumption of risk doctrine bars said claim against the City. Defendant moves for summary adjudication on the premises liability cause of action on the grounds that: [Issue 3] Plainti
¯ cannot establish the existence of a dan...

Excerpt: ... the Complaint Defendants Claire and David Aschwanden and plainti
¯s Cathleen and Wilrolan Ravelo were friends for a number of years David and Wilrolan served in the military together, then both worked on the San Francisco Police Department SWAT team since approximately 2017 (SSUMF 31) For clarity, and meaning no disrespect, the discussion will use Þrst names where necessary to distinguish the parties The Aschwandens invited the Ravelos to ...

Excerpt: ...ligence. Defendants move on the grounds that (1) Defendants owed plainti
¯ no duty of care and were not negligent; (2) Defendants had no actual or constructive notice of an unreasonably dangerous condition; and (3) Defendants' acts or omissions did not cause or contribute to Plainti
¯'s injuries. For the following reasons, Defendants' Motion is denied. Brief Factual Background It is undisputed that on the evening of February 4, 2018, Plainti
¯...

Excerpt: ...pproval was granted, the administrator has mailed notices to 1160 class members. 42 packets were returned by the post o
¯ice. Follow up resulted in 35 new addresses, leaving 7 nondeliverable. No objections have been received, and only one request or exclusion. The motions are granted. A. Background and Settlement Terms Deendant is a country club. Plainti
¯ was employed there as a banquet server rom July 2019 to March 2020. The original compl...

Excerpt: ...for breach of the peace. Commercial Code § 9609 provides that “after default, a secured party may … take possession of the collateral … without judicial process, if it proceeds without breach of the peace.” Plainti
¯ does not allege that Location ever did actually repossess his vehicle. He alleges that Location made an initial, but unsuccessful, attempt to do so on May 22, 2020. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ...

Excerpt: ...ublic easement (referred to as the "CutThrough") over a portion of a residential property located at 2354 Alameda Diablo in Diablo to which defendant U.S. Bank obtained title by foreclosing on its deed of trust secured by that property (the "US Bank Property"). Defendant Bart Wooten is the owner of an undeveloped lot ("Wooten Property") adjacent to the US Bank Property. (Compl. ¶ 4.) They allege the Cut-Through is an easement over a strip of lan...

Excerpt: ...s Motion or Reconsideration o the Court's (1) November 9, 2023 Order Denying Motion or Order Granting Leave to File a First Amended Complaint and (2) November 9, 2023 Order Granting Motion to Seal and Issue a Protective Order is denied. Background The court heard argument on Plainti
¯'s Deborah Johnson's Motion or Leave to File a Þrst Amended Complaint and Deendant's Northgate Homeowner Association's Motion to Seal and Issue a Protective O...

Excerpt: ...ars, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “BeneÞciaries”), in a Wills and Trust case Þled in Contra Costa County (Case no. P21-00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the BeneÞciaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the BeneÞciaries engagement agreement with Plainti
¯ (the “Ag...

Excerpt: ... and Fair Dealing (Second Cause of Action), 3) Retaliation/Wrongful Termination (Third Cause of Action), 4) Disability Harassment (Fourth Cause of Action) and 5) Intentional Interference with a Contract or Prospective Economic Advantage (Seventh Cause of Action). Miller concedes that she cannot maintain her claim for disability harassment but opposes the motion as to the remaining causes of action. Millers request for judicial notice is granted ...

Excerpt: ...cate the premises after being served with three-day notices in June 2023. Plainti
¯ owns a condo in the area known as Alamo Bridge. Plainti
¯ rented out the condo to the defendants in July 2018 and the lease was renewed at least two times after that. Defendants signed a Lease Agreement which speciÞcally referenced the Alamo Bridge Home Owners Association's (HOA) CC&Rs and its rules. The defendants signed the lease and acknowledged the requirem...

Excerpt: ...PP special motion to strike is denied and the demurrer sustained without leave to amend. I. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 02/07/2024 Plainti
¯, Michael Giu
¯rida is a surgeon who worked or deendants, Vivek Bansal, MD, and Vivek Bansal MD, Inc. (“deendants” or “Bansal”). Ater the relationship ended, plainti
¯ sued deendants or w...

Excerpt: ...adjudication (the “Motion”). The Motion is directed toward Defendant and Cross-Complainant John W. Elkins (“Cross-Complainant” or “Elkins”)'s Cross-Complaint for Declaratory Relief. Cross-Defendant moves for summary judgment on the grounds that there are no genuine issues of material fact as to Borrower's declaratory relief cause of action, and US Bank as Trustee is entitled to judgment as a matter of law. As a threshold issue, the Co...

Excerpt: ...ests for judicial notice must comply with Rule 3.1306(c), which provides that any party requesting judicial notice “must provide the court and each party with a copy of the material.” (Cal. R. Ct. 3.1306(c).) Defendant failed to comply with this requirement. In addition, “[o]nly relevant material is a proper subject of judicial notice, even where the Evidence Code provides in mandatory terms that matters be judicially noticed.” (Hayward A...

Excerpt: ...i
¯ has leave to amend and shall Þle and serve any amended complaint by February 15, 2024. A. Background Plainti
¯, Homeport Insurance Company, Þled this medical negligence action “for itself and as assignee of Veronica McRae […].” The First Amended Complaint (“FAC”) alleges a single cause of action for medical negligence against San Ramon Regional Medical Center (“SRRMC”), Narendra Malani, M.D. (“Malani”), and Nirja P. Shah...

Excerpt: ...d Thompson (“Plainti
¯” or “Thompson”)s First Amended Complaint for (1) violations of California Civil Code § 2923.6; (2) violations of Civil Code § 2923.7; and (3) violation of Bus. & Prof. Code § 17200, et seq. Defendant demurs to Plainti
¯s causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (g) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Stan...

Excerpt: ... who move to set aside a stipulated judgment between Je
¯ Mini and others who are the plainti
¯s in a complaint in intervention (“Intervenors”) and defendant U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgages Trust 2007-2 Mortgage Pass-Through CertiÞcates, Series 2007-2 (“US Bank”) entered by the Court on November 3, 2023. The motion is supported by a memorandum of points and authorities and a request for j...

Excerpt: ...murrer p. 1: 25-26.) For the following reasons, the demurrer is overruled. Meet and Confer Requirement Defendant satisÞed his meet and confer requirement regarding their demurrer in detailing their meet and conger e
¯orts with Plainti
¯'s counsel in the Declaration of James J. Astuno Jr. Defendant's counsel detailed their communications with Plainti
¯'s counsel from November 3 through November 7, 2023, mentioning exchanges of e-mail and phone...

Excerpt: ...th leave to amend as to defendant Steven Thomas. Plainti
¯ is given to February 23 in which to Þle and serve a second amended complaint. If it elects not to do so, Steven Thomas will be dismissed as a defendant, as the FAC's other cause of action is not asserted against him. Defendants request judicial notice of the FAC. The Court does not need judicial notice for a pleading in its own case docket. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COU...

Excerpt: ...eek the Court's approval of it as a good-faith settlement. Defendant Taylor Morrison has belatedly Þled an objection to the good- faith settlement. Taylor Morrison's basic argument is that although the settlement motions say the settlement releases plainti
¯'s claims against everyone – including Taylor Morrison – for all claims relating to the sub-soil work, Taylor Morrison raises doubts about whether the release e
¯ectively being provided...

Excerpt: ...n clean and rentable condition. Defendants propounded routine written discovery to plainti
¯, to which plainti
¯ has not timely responded. This motion for a protective order does not dispute the content or form of the discovery. The motion contends only that “plainti
¯” should be granted a protective order, of undeÞned duration, due to “plainti
¯'s” inability to respond to discovery for medical reasons. “Plainti
¯” is said to be...

Excerpt: ...rd Code of Civil Procedure § 437c(o)(1) and (p)(2) provides the relevant legal standard for deciding the MSJ. 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 burden of showing that a cause o...

Excerpt: ...orting to show service on November 8, 2023. The Þrst motion to quash (Line 10) is granted. As to the second motion (Line 11), plainti
¯ and counsel to appear (Zoom okay) to discuss whether or not plainti
¯ has belatedly complied with the requirement of mailing. This case arises from a car loan and repossession. In plainti
¯'s c u r r e n t pleading, his Þrst amended complaint, there are only two defendants. Simple Cash Loans, Inc. (dba Monta...

Excerpt: ... and has health problems which could prejudice her interests in the litigation should preference not be granted. Defendant, Chateau Pleasant Hill dba Carlton Senior Living Pleasant Hill-Martinez (hereinafter “Carlton”), opposes the motion. Based on the evidence provided by plainti
¯, the Court Þnds that preference is warranted. The Court grants the motion and will set trial date within 120 days. Code of Civil Procedure, § 36(a) states that...

Excerpt: ...arch 4, 1972,” and their eighth cause of action for Declaratory Relief. Plainti
¯s' unopposed Request for Judicial Notice is granted. (Cal. Evid. Code § 452 (c), (d), (h).) Plainti
¯s' motion for summary adjudication is denied for the reasons set forth below. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identiÞed as 3506 Echo Springs Road, in L...

Excerpt: ...ing uncertain, ambiguous and unintelligible, and for failure to allege sufficient facts to state a claim. (Code Civ. Proc. SS 430.10(e) and 430.10(f).) For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants satisfy their meet and confer requirement regarding their demurrer in detailing their efforts in reaching out to Plaintiff's counsel on September 15, 2023, by email and September 29, 20...

Excerpt: ...mended complaint by February 5, 2024. Defendant's time to answer shall run from that date. l. Requests for Judicial Notice In support of both the demurrer and moton to strike, defendant requests judicial notice of the February 24, 2021, Proposed Statement of Dec:ision in the underlying suit. The request is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/26...

Excerpt: ...ion petition, and recommends that the coordination proceedings be SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/25/2024 11 assigned to San Francisco Superior Court. Coordination All parties are in agreement that these cases are complex under California Rule of Court 3.502. They are likewise in unanimous agreement that these actions should be coordinated, proceeding ...

Excerpt: ...violation of Labor Code SS 1194 and 510; (3) violation of Labor Code S 2802; (4) violation of Labor Code S 226; (5) violation of Labor Code SS 201-204; (6) violation of Labor Code S 2598 et seq.; and (7) Business and Professions Code S 17200 et seq. Defendant moves pursuant to the Federal Arbitration Act to compel Plaintiff to submit all individual claims and non-representatve PAGA claims asserted in his FAC to arbitration. Defendant also moves o...

Excerpt: ... packets were returned by the post office. Follow up resulted in 14 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant is a financial services company offering a variety of services. Plaintiff was employed there in a non-exempt offce position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were add...

Excerpt: ...emailed to corrected addresses, leaving 2 undeliverable. There have been no objections or requests for exclusion. The motion is granted, subject to clarification as to the proposed dates of payment (see below). Counsel are to appear (Zoom okay) to clear this point up. A. Background and Settlement Terms Defendant operates two car washes located in Concord and Fremont. Plaintiff has been employed there as a car washer since the mid-2000s. The origi...

Excerpt: ...issolution of partnership) or seventh cause of action (declaratory relief). The Court notes that it does not appear that anpne in this case contends that there is any partnership to be dissolved, however, so count 3 may be moot. The Court further notes that the SAC as filed had two plaintiffs, namely Olivarez personally and JR National Floral Network, LLC (referred to by all parties as "JR LLC"). Plaintiff has since filed a dismissal with prejudi...

Excerpt: ...ic's separate statement does not comply with Cal. Rule of Court 3.1350(f)(2) because it does not contain a statement as to whether each UMF in Cutting Edge's Separate Statement is disputed or undisputed. The Court was able to determine, however, that Republic does not dispute any of Cutting Edge's relevant material facts by looking to both Republic's "Objections to Separate Statement" and its own separate statement. Cutting Edge's Request for Jud...

Excerpt: ... Construction Co. ("General Contractor") to perform masonry work at a residential construction project in Alamo (the "Project"). (Def. Separate Statement ("SS") of Undisputed Material Facts ("UMF") 5, 6, 8, 9, 62, 63, 65, 71.) Defendant Albert D. Seeno Construction Co., Inc. ("Manager") is the managing member of the General Contractor. (UMF 52, 66.) Dominguez alleges he was seriously injured when he fell from scaffolding while he was installing d...