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: ...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: ...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: ...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: ...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: ...”) §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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...�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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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...