Excerpt: ...f action for (1) declaratory relief, and (2) violation of Civil Code § 2923.6. Plaintiffs moved ex parte for a temporary restraining order on August 23, 2019. The Court heard the ex parte application, granted the TRO, and entered an order to show cause why a preliminary injunction should not be granted calendared for September 26, 2019. The parties stipulated to continue the hearing date and the matter is now before the Court. For the following ...

Excerpt: ...cement (4) declaratory judgment; and (5) preliminary injunction. Plaintiff recorded a notice of Lis Pendens. Defendant filed a motion to expunge, and applied for an order shortening time for the hearing, which was granted without opposition. Plaintiff Joseph is the stepfather of defendant Scott, who is married to defendant Michelle (“Misti”). (First names are used for clarity, no disrespect is intended.) Joseph alleges that in 1998, he helped...

Excerpt: ...sented DBI in several matters, including one substantially related matter. Engeo's position in this case is adverse to DBI. The substantially related matter is Discovery Builders, Inc. v. DeSilva Gates Construction. (The Court reminds all counsel of the provisions of Rule of Court 3.1112(k), which state: “All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific ...

Excerpt: ...llowing reasons, Defendant's motion is denied. Papers Before the Court On or about December 12, 2019, Plaintiff filed a document titled “Plaintiff Tami Ware's Amended Statement of Disputed Facts and Additional Undisputed Material Facts in Opposition to CSAA's Motion for Summary Judgment or Alternatively Summary Adjudication.” This document is untimely, and no arguments or evidence have been offered to show good cause for its inclusion in the ...

Excerpt: ...Astro Construction (“Riley,” “Astro,” or “Plaintiff”)'s First Amended Complaint (“FAC”). The FAC alleges seven causes of action for: (1) breach of oral contract, (2) complaint for services, (3) promissory estoppel, (4) fraud, (5) violation of prompt payment statute, (6) recovery on payment bond, (7) enforce of stop payment notice, and includes a prayer for punitive damages. Defendants move for summary judgment pursuant to Code of ...

Excerpt: ...een made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. Section 100...

Excerpt: ... waiting time violations. The agreement, provides a settlement class consisting of non‐exempt employees employed from July 6, 2014, through the date of preliminary approval, and is estimated to include 163 potential members. A gross settlement of $825,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage portions of the payments will be paid by Defen...

Excerpt: ...its. In support of their special demurrer, defendants pointed out many inconsistent or otherwise confusing allegations that render plaintiffs' complaint ambiguous and unintelligible. Plaintiffs failed to address the special demurrer in their opposition memorandum, leaving the special demurrer functionally unopposed. (See, Cal. Rules of Court, rule 8.54, subd. (c) [“[a] failure to oppose a motion may be deemed a consent to the granting of the mo...

Excerpt: ...TINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/19/19 ‐ 18 ‐ This case presents the question whether a tenant who raises habitability claims as an affirmative defense in an unlawful detainer action and receives a partial rent reduction based on such claims may thereafter file a civil lawsuit seeking recovery for personal injuries and emotional distress based, at least in part, on those same habitability claims. Under the circumstances of th...

Excerpt: ...ollectively, “Plaintiffs”). This is an unlawful foreclosure case. The Complaint pleads causes of action for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2923.6(c); (3) violation of Civil Code § 2923.7; (4) violation of Civil Code § 2924.9; (5) violation of Civil Code § 2924.10; (6) negligence; (7) unfair business practices (Bus. & Prof. Code § 17200, et seq.); and (8) cancellation of instruments (Civil Code § 3412)...

Excerpt: ...r ease of reference, the Court refers to the complaint filed in Watts v. Syngenta AG, Contra Costa Case No. MSC19‐00637. The main Plaintiffs allege that they were diagnosed with Parkinson's Disease after using Paraquat. The Plaintiffs have sued Defendants for (1) strict products liability, (2) negligence, (3) nuisance, (4) California Consumers Legal Remedies Act and (5) breach of the implied warranty of merchantability. In addition to the main ...

Excerpt: ...fter notice to the other party, set aside any void judgment or order.” “The inclusion of the word ‘may' in the language of section 473, subdivision (d) makes it clear that a trial court retains discretion to grant or deny a motion to set aside a void judgment.” (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) A judgment is void on its face if the court lacked personal or subject matter jurisdiction. Such judgment is subject ...

Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/18/19 ‐ 6 ‐ This is a wrongful eviction case. Plaintiff Karen Jackson is a 74‐year‐old woman who resided in the bottom floor of a three‐story home since 2011. (Complaint, ¶1‐2.) Defendants, John Philip Dolan and Hien Nguyen, were her landlords who lived upstairs. Plaintiff alleges, inter alia, that her art studio leaked when it rained, damaging her art sup...

Excerpt: ...a previous lawsuit on the same subject matter. In that case the Court ordered the Gannons to provide specified discovery, concluding that they had waived objections by failing to respond timely. The Court commented: The Court was informed at a CMC earlier this week that plaintiffs served responses late last week, including some objections. If the scope or merit of the objections were at issue, that would require a new discovery motion; indeed, it...

Excerpt: ...n, which the Court denied. (The Court has received no Order After Hearing thereon, however.) That result is not necessarily dispositive of this demurrer, however, because the denial rested in part on matters shown in the evidence on the motion, but not pleaded in the complaint – notably the point that plaintiff was in arrears in her payments even before the 2010 transfer of the HELOC (and cessation of sending monthly notices). The Court rejects...

Excerpt: ...gument lacks merit. The Court interprets § 435.5 as applying only when a given party brings two successive motions to strike. RJNs. Argabright's request for judicial notice of documents filed in other actions is granted. The Gannons' request for judicial notice of Argabright's answer in this action is denied as superfluous; the pleadings in this action are before the Court as a matter of course. However, the Court appreciates the courtesy of pro...

Excerpt: .... Ford Motor Co., 119 Cal.App.3d 757, 826‐828, overruled on other grounds in Kim v. Toyota Motor Corp. (2018) 6 Cal.5th 21, 37 n.6.) A limited statutory exception is set forth in Civil Code § 3294(d), as follows: “Damages may be recovered pursuant to this section in an action pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure based upon a death which resulted from a homicide for which t...

Excerpt: ... unopposed request for judicial notice is granted. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Cause of Action is for negligent misrepresentation. Defendant Bank's demurrer is sustained on four grounds. First, as pleade...

Excerpt: ...rked, failure to pay overtime wages, failure to provide meal periods, waiting time penalties, failure to provide accurate wage statements, and failure to provide timely wage statements. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The...

Excerpt: ... in the Company was owned by a third party.) This ruling refers to Kerry Murphy as Defendant and Michael Verlander as Plaintiff, however, this ruling also applies to Margaret Murphy and Janet Verlander. Together the parties operated a winery for a number of years. In 2015, Plaintiff sold his shares in those companies to Defendant pursuant to a Purchase and Sales Agreement. The parties signed the PSA on May 11, 2015 and escrow closed on this agree...

Excerpt: ...he plaintiffs' property, outside the easement area, without express permission from plaintiffs or plaintiffs' counsel. Plaintiffs have failed to present any evidence that the construction activities of defendant have occurred, or may occur, at unreasonable times. As a result, the Court declines to limit the schedule of any ongoing activities incidental to construction. The undertaking is set in the amount of $5,000. (Code Civ. Proc. §§ 529, 995...

Excerpt: ...nt to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. Procedural Matters. A‐1. The Death of Neal McDonald. Plaintiff's counsel appears to be requesting the Court's advice on how to address the death of former plaintiff Neal McDonald. The Court declines to offer such advice, for two reasons. First, this is a hearing on a demurrer; there is no pending motion to substitute in a new party. Second, it is the ...

Excerpt: ..., LLC, signed the original five‐year lease in 2009 with the previous owner, James Fregosi. (See FAC, Exhibit A.) The lease required plaintiff to execute any estoppel certificate requested by the landlord. By its terms, that lease expired in 2014, but plaintiff had the option to extend for another five years, which it did. Plaintiff and Mr. Fregosi executed a formal amendment of the lease on June 29, 2015. (FAC, Exhibit B.) The amendment express...

Excerpt: ...t Agreement (“Agreement”). (Senn Dec., Exh. “A”.) The Agreement explicitly states that it is a purchase agreement, and not a loan: THIS IS NOT A LOAN. Merchant is selling a portion of a future revenue stream to VCG at a discount, not borrowing money from VCG. There is no interest rate or payment schedule and no time period during which the Purchased Amount must be collected by VCG. … (Id., p. 1.) The Agreement also states that it is gov...

Excerpt: ...er is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial notice of pleadings from Contra Costa County Superior Court case number C17‐00462. This Request is unopposed. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A compl...

Excerpt: ... the tentative to seek leave to amend, he should come to the hearing prepared to explain how he proposes to amend as against the Police Defendants and why it will be sufficient. The FAC arises from two incidents occurring on August 7, 2018. Only the second incident, however, has to do with the Police Defendants. Plaintiff alleges that defendant Torchia, a Tri Delta bus driver, “called the Brentwood Police and falsely reported that [plaintiff] w...

Excerpt: ...tore located at 1340 North Main Street. Defendant Jennifer Meza was the store manager and plaintiff's supervisor. Defendant Nick Botsford was Plaintiff's supervisor and district manager. Plaintiff alleges defendants were aware of his disabilities at all relevant times. Plaintiff alleges that at various times throughout his employment, Defendants denied reasonable accommodations. One of the accommodations requested by plaintiff's healthcare provid...

Excerpt: ...as to the parallel demurrer of the Mt. Diablo USD. Any amended complaint shall be filed and served on or before January 10, 2019. If plaintiff elects not to amend, defendants' time to answer the remaining parts of the case will run from then. If plaintiff contests the tentative to seek leave to amend claims as to which leave is denied, she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed am...

Excerpt: ...heir answers by January 3, 2020. Defendants Stroud Development and Alexander Stroud filed nearly identical demurrers to the FAC and filed a joint reply. The Court's ruling below applies equally to the two demurrers. Meet and confer process Plaintiff argues that the meet and confer process was insufficient because Alexander Stroud (acting as a self‐represented party) did not call Plaintiff's attorney, but only sent an email. Plaintiff is correct...

Excerpt: ...ainst a long list of its subcontractors and suppliers to this action – some, the Court determined, with good reason; but others, including Villara, not so. The only dispute between Thompson and Villara themselves is Villara's claim to collect what it says is a substantial sum Thompson owes it. The Court, after lengthy inquiry, determined that that claim has no factual connection to the Thompson‐LTC dispute, except that LTC is withholding the ...

Excerpt: ...aying no role in the foreclosure process. This relief is conditioned on plaintiff posting an undertaking in the sum of $ 1,000.00, on or before December 20, 2019. The basis for this ruling is as follows. A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are moot. Mr. Nejat filed a supplemental declaration on November 14, 2019, and plaintiff has not filed evidentiary objections directed to that supplemental decl...

Excerpt: ...n Lafayette. (FAC, ¶¶6, 11.) Defendants acted as a dual agent representing both the plaintiff (buyer) and seller in the transaction. (FAC, ¶¶12‐13.) Plaintiff alleges that defendants represented the lot as “buildable” without any basis, and that plaintiff purchased the lot in reliance on that statement and lack of disclosures. Plaintiff contends that the lot was not buildable, and that he incurred significant damages resulting from his ...

Excerpt: ...the Court notes that there seems to be a difference among the parties about the stipulation to the manner in which this issue would be heard. In the Court's recollection, the issue arose because after the Court granted the motion to sever the statute of limitations defense, it inquired about how it would be tried, and whether a jury trial was requested. Plaintiff requested a jury. Defendants urged that there was no factual dispute. All concerned ...

Excerpt: ...2020 at 8:30 a.m. in Department 21. Petitioner requests that this Court compel the City of Walnut Creek to reinstate Permit B140273 and the October 9, 2014 revisions without any additional conditions, obligations or impediments. The Court's ruling is only as to Petitioner's claim for a writ of mandate. In October 2018, The Court granted a motion to bifurcate and ordered that the writ proceeding would be heard first, followed by the remaining lega...

Excerpt: ...e to pay all wages owed upon termination. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The agreement provides a settlement class consisting of truck drivers implied during the Class Period, consisting of 132 persons. A gross settlemen...

Excerpt: ...physical restraints and seclusion at the Floyd I. Marchus School (“Marchus”). (SAC, Pars. 7, 21– 28.) Student Plaintiffs bring this action through their guardians ad litem against several county‐level defendants and several state‐level defendants. Their guardians also bring their own claim based on their standing as taxpayers (collectively the “Taxpayer Plaintiffs,” and together with Student Plaintiffs, “Plaintiffs”). Marchus is...

Excerpt: ...ificates, Series 2006‐3 (“Bank of New York”) (collectively, “Defendants”). The Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Robert Peralta, as Trustee of the Beatriz Peralta Revocable Trust (“Plaintiff” or “Peralta”). The FAC alleges causes of action for (1) violations of HBOR (Civil Code §§ 2923.5 and 2923.7); (2) violation of SBOR (Civil Code § 2920.7); and (3) violation of California's unf...

Excerpt: ...n arbitration award from defendant John L. Valentine. It began with a complaint filed on July 15, 2016 alleging a single cause of action ‐‐ that Valentine had fraudulently conveyed a valuable real property located at 8010 Camino Tassajara in Pleasanton, California (the “Property”) to irrevocable trusts he had set up for his children to avoid paying plaintiff. Later, plaintiff added two causes of action for deceit, the Third and the Fourth...

Excerpt: ...on: (1) Breach of Implied Warranty of Habitability; (2) Battery; (3) Negligence; (4) Nuisance; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Breach of Contract; and (8) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff's counsel, one of the defendants, G6 Hospitality Property, LLC, filed a demurrer to all causes of action except the third on the basis that th...

Excerpt: ...ndent. (Code Civ. Proc., §§ 1281.2(c), and 1281.4.) The basis for this ruling is as follows. A. Factual Background Petitioners were the buyers of residential real estate in Byron, California in early 2015. They bring this petition to compel arbitration with the seller (respondent, Christopher Derek CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/27/19 ‐ 2 ‐ McMullen) based on the form arbitration clause in t...

Excerpt: ...ise overruled. Plaintiffs may file and serve a second amended complaint by December 20, amending as to the common count and/or as to any claim based on the $43,000 loan. If they elect not to do so, defendants' time to answer the remaining portions of the FAC will run from that date. This is a family dispute over a common residence. Plaintiffs are the parents of defendant Cleo Madriaga; Ryan is Cleo's husband. Plaintiffs purchased a large house in...

Excerpt: ...that defendant realtors were (perhaps) colluding with a third‐party buyer, Crowder, to arrange to profit at their client's expense by putting the property into foreclosure, buying it out, and selling it at a substantial profit. But that theory is found in the present complaint only between the lines, with insufficient allegations as to (for example) whether Crowder would have been willing to buy the property before foreclosure, and what was or ...

Excerpt: ... third parties and others that Jane Doe is a slut, meaning unchaste. These facts are sufficient to support a claim for punitive damages against defendant Russell for her personal actions even in the absence of her being responsible for the actions of defendant Cesar Gracie. The court rules as follows regarding the demurrers of defendant Russell: 12. TIME: 9:00 CASE#: MSC19‐01160 CASE NAME: DOE VS. GRACIE HEARING ON DEMURRER TO COMPLAINT FILED B...

Excerpt: ...ht on the questions previously posed. The Court may not have been as clear as it intended in one respect, however: It was inviting the parties to identify and elaborate on evidence already filed, arguments already made, and undisputed/disputed facts already cited, in the original motion papers. It did not intend to invite either side to expand its arguments and factual assertions to include new matter – only to better explain what had already b...

Excerpt: ...ause of action. The demurrer is sustained, with leave to amend. Any amended complaint shall be filed and served on or before December 5, 2019. 1. Facts. The complaint alleges that Sarah Dell O'Connell was a 34‐year old wife and mother who experienced chronic nausea and weight loss from January through February 2018. On February 7, 2018, she fainted at home. She was transported by ambulance to CCRMC about 10 a.m., evaluated in the emergency room...

Excerpt: ...tely identify the proper rate of pay when double overtime wages were paid. A. Terms of the Settlement. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The record now shows that notice of the settlement motion was provided to the LWDA on September 12, 2019. The LWDA has not responded. Plaintiff ...

Excerpt: ... relief, and (3) declaratory relief. Defendant moves for summary judgment against Plaintiff's claims for breach of contract and injunctive relief pursuant to Code of Civil Procedure (“CCP”) § 437c on several grounds. For the following reasons, Defendant's MSJ is granted. 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 relevan...

Excerpt: ...ts “on any basis not inconsistent with the Constitution of this state or of the United States.” (Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17.) “‘When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.'” Burdick v. Superior Court (2015) 233 Cal.App.4th 8, 17, internal quotation marks omitted.) “If the pl...

Excerpt: ...commendations and sought to challenge some of them via motion to compel. In her motion to quash various subpoenas, she primarily challenged the recommendations as to cell phone records. To clarify the scope of the medical record subpoenas, her motion sought to quash the subpoenas “to the extent they seek records beyond what the discovery facilitator has recommended." In opposition, UPS agreed to limit the date range of the subpoenas. UPS did no...

Excerpt: ...th both Glover and the County. Again, barring a complete defense win, the County envisions a final trial on damages. Or, the County suggests the court impanel two different juries, the first jury trying the design immunity defense and then liability, and the second jury being sworn to hear the damages trial only if needed. The County maintains that both trifurcation and straight bifurcation with two different juries would result in judicial econo...

Excerpt: ...to partition real property. Plaintiffs, the Nelsons, were the two‐thirds owners of the property; defendant Riley was the one‐third owner. In October 2018 the Court (Judge Fenstermacher) entered an order granting plaintiffs' motion to partition the property by private sale. The order determined the parties' shares in the property, and directed that a referee would be appointed to conduct the sale. The referee was appointed by subsequent order....

Excerpt: ...red per CRC 3.1110(f) and Local Rule 3.42. In the future, all filings must be properly tabbed. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 11/08/19 ‐ 11 ‐ Standing Schmier asserts that he is a holder of deeds of trust on 728 Laurel Drive and 3269 Judith Lane. (Schmier RJN 3‐6.) Code of Civil Procedure § 405.30 allows a “nonparty with an interest in the real property affected” by a lis pendens to “app...

Excerpt: ...ckground Plaintiff has second or third mortgage interests in multiple properties owned by defendant real estate developer Kevin Hampton. (Complaint, 8:16‐17.) In 2004, plaintiff became inspired by Hampton, and therefore began investing with him, due to Hampton's strong vision to redevelop properties in Richmond and surrounding areas in a booming real estate market. (Complaint, 2:18‐23.) Plaintiff successfully received repayments from Hampton ...

Excerpt: ...but not in the body of the Complaint), (4) negligence, and (5) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.). Plaintiff's present motion, however, does not invoke either of the latter two causes of action as support for a preliminary injunction, and their substantive content is essentially derivative of the claims plaintiff makes for breach of contract and § 2937. Legal Standard The ruling on an application for prel...

Excerpt: ...not addressing the substance of the motion now, the Opposition that plaintiff filed on 11/4/15 raises several issues that require discussion. First, plaintiff argues that defendant has no right to bring this motion because the motion is based on the same grounds as defendant's previous motion and thus violates CCP § 437c (f)(2). However, the court denied defendant's previous motion “without prejudice,” so this argument lacks merit. Second pl...

Excerpt: ...tiff offers no evidence that defendant Mehrzad Azari is mismanaging the subject businesses in a manner that is causing harm to the businesses; plaintiff simply objects to the amount of compensation that Mr. Azari is receiving from the profits of the businesses. This is an objection that can be fully remedied through an award of monetary damages. A‐2. The Threat of Disruption. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARI...

Excerpt: ...um of $ 1,000.00, on or before November 22, 2019. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/07/19 ‐ 6 ‐ A. Preliminary Matters. Plaintiff's evidentiary objections, filed on October 4, 2019, are sustained. Mr. Nejat has not established personal knowledge of the matters that are the subject of his declaration, has not stated his qualifications as a custodian of reco...

Excerpt: ...the tripartite membership works among the American Dental Association, California Dental Association and the component societies for each county in California. She states the both CCDS and MCDS approved Dr. Clark's request to remain in the CCDS, notwithstanding the fact that she may no longer live, work, or practice in Contra Costa. (RossPatchin Decl., ¶15(A).) The CDA recognized and approved the transfer exception as a final resolution to Dr. C...

Excerpt: ...rney fees of $8,700.00. As Defendant is not a natural person, Plaintiff seeks to attach “any property” of Defendant. Plaintiff has not filed an undertaking. Defendant opposes the application and contends it is entitled to an offset based on its counterclaims. At the outset, the Court notes that the Declaration of Avi Minkoff in support of the Application is printed on both sides, in violation of California Rule of Court, rule 2.102 and the ex...

Excerpt: ...ercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.' [Citation.] Code of Civil Procedure sections 473 and 473.5 authorize challenges to defaults and default judgments on various grounds within certain periods.” (Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 97.) Background Plai...

Excerpt: ...ber 18, 2019. Defendant's counsel shall pay plaintiff's counsel $900 in compensatory attorneys' fees. Background Plaintiffs seek to reform their property grant deeds to include property vacated by the City of Richmond, which they claim they now own. (Opposition, 6:8‐7:24.) They filed the complaint for CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/06/19 ‐ 18 ‐ reformation and quiet title on January 28, 2019...

Excerpt: ...oject”) and the 1992 Willow Pass Road Frontage Improvement Project (the “Improvement Project”). (Undisputed Material Fact No. 56; Disputed Material Fact Nos. 19, 52, 54, 57, 60, 61, 62; County's Additional Fact Nos. 15, 16, 19, 22, 24, 25, 26, 27, 37, 38, 39, 44; County's Ex. 3, Emigh Decl., ¶ 2, 3, 5, 6, , 7, 8, 9, 11, 12, 13, 14, 15, 18; Ex. 7, Kersevan Decl., ¶ 6, 7, 8, 9, 10; see also any additional evidence cited elsewhere this rulin...

Excerpt: ... Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the TechBilt] factors as to be inconsistent with the equitable objectives of the statute.” (Tech‐Bilt, supra, 38 Cal.3d at 499...

Excerpt: ..., Defendant Christine Freeding, owns real property located at 910 El Pintado Road, acquired in 2015. A survey of the properties revealed Freeding's permanent improvements, including a driveway gate, walk‐in gate, areas of the sport court and landscaping encroached on Plaintiffs' property (“Encroachment Area”.) The parties reached a settlement on October 10, 2018. Defendant agreed to purchase from Plaintiffs all of the Encroachment Area prop...

Excerpt: ... of his employment with Mr. Copy, Inc., an insured of Plaintiff Hartford Accident & Indemnity Company. Plaintiff‐in‐Intervention James H. Stehr (“Plaintiff” or “Stehr” herein) was injured on November 25, 2014, when his car was struck from the rear by Defendant Judith Lindsay. The car striking Stehr was co‐owned by Defendants Judith Lindsay and Ladd Lindsey. Stehr filed his complaint for damages, including punitive damages, on March ...

Excerpt: ...e in a row that Plaintiff's opposition has failed to include a table of contents and authorities despite submitting a memorandum that is over 10 pages. (See, CRC 3.1113(f). The Court pointed this failure out in its ruling on the doctor defendants' demurrer to the SAC. It is perplexing that Plaintiff's attorney continues to violate this rule. Any further violations of this rule or other applicable Rules of Court may result in sanctions. Before fil...

Excerpt: ...“Defendants”). Plaintiff filed a First Amended Complaint on November 21, 2018 as well as an ex parte application for temporary restraining order. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) set aside trustee sale; (2) cancellation of trustee deed; (3) quiet title; (4) breach of oral contract; (5) breach of written contract; (6) wrongful foreclosure; (7) promissory estoppel; (8) negligence; (9) negligent...

Excerpt: ...MENT: 21 HEARING DATE: 02/27/19 ‐ 15 ‐ (collectively, TPP) could purchase and develop real property at 2 Ramon Court in Danville. TPP had acquired some funding from defendant Triumph Capital Properties, but Triumph could not fund the entire amount. So TPP made a written offer to Polgar whereby Polgar would fund the bridge loan in return for a 51% interest in the property. Polgar agreed and entered into a related partnership agreement with TPP...

Excerpt: ...or June 1, and the order after hearing was filed on June 29. The Court noted then that plaintiffs and their then‐counsel, Mr. Boasberg, had entirely ceased participating in the case, including their failures to respond to discovery, to obey several orders compelling discovery responses, to pay court‐ ordered sanctions, and to oppose the terminating‐sanctions motion. It later transpired that Boasberg was suspended, and then disbarred. That w...

Excerpt: ...entify each cause of action or issue on which they seek summary adjudication as required by CRC 3.1350(d). The separate statement does not follow the format requirements set forth in CRC 3.1350(h). In addition, the separate statement does not cite to specific evidence following each fact. Instead, each fact is followed by citations to the entire declaration of Athan Magganas and the complaint. No specific paragraphs in the declaration or complain...

Excerpt: ... a formal stay of the case because of Fifth Amendment concerns. They note that Mr. Martin has been charged with a felony arising from the same alleged facts. They further note that while Ms. Martin has not been charged, the complaint accuses her of potentially criminal acts, with which she could still be charged. This kind of problem is usually handled at Case Management Conferences rather than by formal motion. Plaintiffs have not opposed the mo...

Excerpt: ...ndant company (Garaventa Enterprises, or GE), but concerned about his position there. He asked GE's general counsel, Bonnifield, who told him that he was an at‐will employee. Colvis then met with attorneys from the Downey Brand firm, his present litigation counsel. At issue on this motion is the e‐mail traffic from that 2015 consultation, which occurred between Downey Brand attorneys and Colvis's work e‐mail address at GE. In 2018 GE and it...

Excerpt: ... filings. (See CRC 3.1110(f).) The numerous exhibits to the Complaint, the Ex Parte Application, and the Reply are all untabbed. This has caused the Court's staff considerable inconvenience.  RJN. Defendants' unopposed request for judicial notice of recorded documents is granted.  Reply. The Court has exercised its discretion to consider plaintiff's reply papers, despite their being filed one court day late. Plaintiff is directed to comply ...

Excerpt: ...hs 6‐8, 13, 129, 150, 152, and 153, because they contain improper allegations against these individuals. That portion of the motion is denied, because these allegations remain proper to support claims against defendant on an agency theory. 3. TIME: 9:00 CASE#: MSC16‐01005 CASE NAME: BRENNON B. VS. WCCUSD HEARING ON DEMURRER TO 2nd Amended COMPLAINT FILED BY WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, et al. * TENTATIVE RULING: * Defendant scho...

Excerpt: .... Respondent relies on White v. Ultramar (1999) 21 Cal.4th 563. Petitioners claim that White does not apply, because its discussion of whether a person is a managing agent is for purposes of the defendant's liability for punitive damages under Civil Code section 3294(b). The Court has found no authority specifically addressing whether the White test applies under Code of Civil Procedure section 1987(b). The language “officer, director, or manag...

Excerpt: ...igence. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests judicial notice of several facts regarding his previous representation of Plaintiff as well as individual docket entries regarding case nos. C94‐03923 and C13‐01476. Though unclear, Plaintiff appears to object to this request. The Request is granted. Evid. Code §§ 452, 453. Legal Standard “The function of a demurrer is to test the ...

Excerpt: ... bifurcation. The standard of review on a tax refund case under Rev. & Tax. Code Section 5140 confines the court to the administrative record, whether the issues are factual or legal in nature. When a taxpayer claims a valid valuation method was applied improperly, the court may overturn the assessment appeals board's decision only if there is no substantial evidence in the administrative record. See California Minerals, L.P. v. County of Kern (2...

Excerpt: ...standing discovery by December 11, 2017, awarded sanctions of $1,050 against Dees for his failure to respond to discovery and it ordered that the Requests for Admission were deemed admitted. Defendants ask this Court to set aside the Discovery Order based upon extrinsic mistake. Defendants explain that in order to set aside this order, they must show: “ ‘ “First, the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DA...

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

Excerpt: ...a County. Because plaintiffs allege the existence of a settlement agreement that contains a provision selecting Alameda County as the proper venue, the motion is granted. Code of Civil Procedure section 395.5 provides the possible venue options for an action against a corporation: A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occu...

Excerpt: ...of action on the terms stated below or as requested on page 5, lines 9‐14, of his Opposition. If plaintiff chooses to amend, any amended complaint shall be filed and served on or before March 1, 2019. If plaintiff does not amend, defendant Raymundo shall file and serve her Answer on or before March 15, 2019. The SAC alleges the following. On February 27, 2010, defendant, Melissa Raymnudo, signed and subsequently recorded a Memorandum of Option ...

Excerpt: ... October 22, 2013. According to his will and court order of June 17, 2014, his estate was to be divided among his three adult sons—John H. Quihillalt, Richard R. Quihillalt, and David E. Quihillalt. Plaintiff John Quihillalt, and Defendants David E. Quihillalt, Richard R. Quihillalt, and Sandra Millard are co‐owners of real property located at 3220 Camino Diablo, Lafayette, California. The property is made up of three separate tax parcels. (A...

Excerpt: ...ship on the property at 1125 Detroit Avenue. At the time of the incident, plaintiff also leased 1121 Detroit Avenue, which he now owns. Both were used as part of plaintiff's business. At some point in 2016 (the record is unclear), Donald White parked a trailer on defendant's property and lived in it. On June 18, 2016, at around 8:00 p.m., a fire broke out from this trailer, damaging both properties and two vehicles. Both businesses were closed fo...

Excerpt: ...nctions.” The motion is granted to the extent described below. The motion has two parts. The court will address the Discovery Order part first. 1. Discovery Order filed September 19, 2018. Code of Civil Procedure section 473 (d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of ...

Excerpt: ...ch 22, 2019. The basis for this ruling is as follows. A. Preliminary Matters. The exhibits to the declaration of Hooman Yavi, filed on November 26, 2018, are not CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/20/19 ‐ 9 ‐ tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) Cross‐defendant is directed to tab its exhibits in all future filings. Despite the efforts of cross‐defendant's counsel, cross�...

Excerpt: ... ‐ recover all her post‐offer costs, and her reasonable expert witness costs incurred after the offer. The Court rejects plaintiff's assertion that the § 998 offer was not made in good faith. Plaintiff attempts no serious factual showing that the expert witness fees incurred were unreasonable. This was an expert‐intensive case. Plaintiff made a six‐figure § 998 offer of her own, and asked the jury to award a seven‐figure verdict. Plai...

Excerpt: ...so named as a defendant. Several of the complaint's causes of action are asserted only against the employee defendants (Demeter, Milton, and Herrero), and those causes of action have not been demurred to. With one exception, the Court sustains the employee defendants' demurrers to all challenged causes of action, with leave to amend, for the same reasons stated on Guaranteed's demurrer (Line 6). The exception is the 11th cause of action, for “i...

Excerpt: ... First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have been successfu...

Excerpt: ...on or before March 13, 2019. However, Alameda County is also granted leave to amend its allegations regarding actual receipt of the Notice of Violation by Angela Calvillo or to better allege any claim of a continuous or repeated nuisance even after the incident of February 21, 2017. As to the latter claim, Alameda County may state such claim within the nuisance counts currently alleged or as one or two new standalone counts. If Alameda County ele...

Excerpt: ...: 1) the Wood Destroying Pests and Organisms Report (Termite Report); 2) the Roof Inspection Report, for which Specialty hired a third party (Roof Report); and 3) the Property Inspection Report (Property Report). After receiving the reports, plaintiffs closed escrow on May 21, 2014. According to plaintiffs, when their remodeling contractor, John Corbett, viewed the property to begin work, he saw major problems. Though the Termite Report did docum...

Excerpt: ...on (“LAFCO”) from dissolving the District without confirmation of voters as required by Government Code section 57077.1(b)(2)(A)(II). Petitioner/Plaintiff District alleges LAFCO has voted to dissolve the District without confirmation of the voters even though the District has obtained more than the number of valid protest signatures. The motion is made on the grounds the District requires adequate time and reasonable access to the protests to...

Excerpt: ...ince defendant has never been convicted of a felony. Further, reference CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/13/19 ‐ 7 ‐ to criminal conduct involving theft is not pertinent to the cause of action because the particular risk complained of here is sexual harassment, not theft. See Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054. To the extent plaintiff suggests that she would like to introduce...

Excerpt: ... is not pled with particularity against Foshay. From the Complaint, it is clear that Plaintiff entered into a written purchase order for commercial solar modules with Defendant Kodiak Moon Corporation (“Kodiak Moon”). The material terms of the purchase order were: that Kodiak Moon would supply Plaintiff with 2,664 units of SPR‐E19‐ 320w Sunpower Modules at a cost of $192.00 per unit, for a total price of $511,488.00. (Cmplt, paragraph 11 ...

Excerpt: ...that remain in the TAC on or before March 13, 2019. If there is a further meet and confer, defendant shall state specifically whether the meet and confer occurred in person or by telephone, pursuant to CCP § 430.41 (a) and (a)(3)(A). This is a case involving damage caused by a fire that started in the City of Antioch's Los Medanos Spillway and Wasteway (the “Wasteway”) and spread to property owned by plaintiff's insured, Roem Corporation. Ro...

Excerpt: ...m. A‐1. The Written Contracts. Plaintiff Cypress has failed to negate the existence of a triable issue of fact concerning the $ 150,000 bond premium it seeks to recover as breach of contract damages. There is no contractual language, either in the master contract or in the three subject purchase orders, suggesting that such a premium can fairly be characterized as part of the “price” to be paid for the subject solar modules. (See, Cal. U. C...

Excerpt: ...shall file and serve an answer by February 25, 2019. Defendant demurs to the first cause of action for Intentional Infliction of Emotional Distress and the second cause of action for Negligent Infliction of Emotional Distress as to all plaintiffs and demurs to the entire SAC as to Plaintiff Richard Stritt. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 02/11/19 ‐ 3 ‐ IIED (cause of action one) The Court previous...

Excerpt: ...vailing on the First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have ...

Excerpt: ...ts have not filed an answer as to the other causes of action, they shall file and serve such answer on or before February 15, 2019. This case arises out of plaintiff's claim that defendants rented her uninhabitable premises at 1300 Roosevelt Ave., #420, Richmond, an apartment complex known as The Hacienda. General Rules Applicable to Claims against Public Entities California public entities are liable only as provided by statute. (Eastburn v. Reg...

Excerpt: ...he forum for the original evidentiary hearing, that would properly qualify as new and different facts under § 1008 only if there were a showing why this fact could CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING DATE: 02/01/19 ‐ 7 ‐ not have been adduced at the evidentiary hearing. But as it stands, the newly adduced fact is not properly before the Court at all, because it would not show what DMV would have ne...

Excerpt: ... negotiate toward a possible resolution. This time there has been no stipulation. Neither, however, has defendant filed any opposition to the motion for preliminary injunction. Repeated calls to the attorneys have given no better information. Plaintiffs' counsel has stated simply that the matter is going forward, and defendant's counsel has not responded to messages. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING ...