Excerpt: ...osition in this case, but defendant has objected, so plaintiff will need to get the identical information in this case or obtain the stipulation of defendant to withdraw defendant's objections.” The parties have stipulated to allow the use of pleadings, deposition transcripts and declarations from MSC17‐00805 (Amicus Wine Holdings v. Murphy) and MSC 18‐00898 (Verlander v. Murphy). (Plaintiff's ex. AA.) The continuance also allowed for suppl...

Excerpt: ...art LLC (collectively “Plaintiffs”) which alleges a single cause of action for Breach of Contract. For the following reasons, the Motion for Summary Judgment is granted. Factual Background The Tait Plaintiffs purchased real property located at 150 Hill Road in Danville, California (the “Property”) in June 2016. (Undisputed Material Facts (“UMF”) No. 1.) In connection with the purchase of the Property, Plaintiffs purchased an ALTA Home...

Excerpt: ...o properly meet and confer as required by California Code of Civil Procedure (“CCP”) §430.41(a).) The Parties appear to have taken that order to heart, and extensively met and conferred on the numerous issues originally raised in Defendants' demurrer. Accordingly, the Parties were able to agree on a number of issues and considerably limit the scope of the demurrer. As a result of the meet and confer, the Parties agreed to remove the followin...

Excerpt: ...ach held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% by Patel and 50% by Dr. John Ganey. Sirott and Robles owned the other 50% of 400 Taylor LLC. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. There had been a vacant suite at th...

Excerpt: ...y and Yagya Shrestha, individually, and as members of the Nepali Association of Northern California (“NANC”). NANC is an entity organized as a California non‐profit corporation as specified in Section 501(c)(3) of the Internal Revenue Code. The objective of NANC is to promote and preserve Nepali cultural traditions and identity by promoting Nepali cultural and social events. Defendants are Ishwar K. Situala, Kalaish Thapa, Yagya Nepal, Kill...

Excerpt: ...ners") against the California Department of Toxic Substances Control ("DTSC") and California Environmental Protection Agency ("CalEPA") as Respondents. HRP Campus Bay Property, LLC ("HRP" or "Developer") is named as the lead Real Party in Interest, in addition to other several other entities which have not appeared. Petitioners dismissed real party in interest Zeneca, Inc. For the reasons set forth, the Court requests further briefing on certain ...

Excerpt: ...by Defendants Willow Pass One, LLC (“Willow Pass”) and David Feng (“Defendants”). For the reasons set forth below, Plaintiff's Motions are granted. The parties are required to appear to discuss issues related to a continuance of the trial date. Procedural Background Plaintiff filed its original Complaint on February 7, 2019, alleging a single cause of action for breach of contract related to a lease it entered into with Defendant Willow P...

Excerpt: ...exceed the usual page limitations, but the parties are reminded that concise briefing is often more persuasive briefing. The parties shall provide the Court with properly tabbed courtesy copies of all papers filed pursuant to this order. Defendant's motion to dismiss is based on the nominal transfer of the subject parcels of real property from defendant RM 15 Safe Corp to nine, non‐party LLCs. (See Defendant's RJN, Exhs. “B” through “J”...

Excerpt: ... the District's findings are not supported by the evidence. The writ asks the Court to “set aside the findings and sanctions … and order no further administrative action.” (Pet. Brief ISO Writ 20:27‐21:1.) The District opposes. The prayer for relief does not include a request that the Court reverse, set aside, or otherwise take action with respect to an expulsion or specific punishment. Preliminary Matters Request for Judicial Notice Doe'...

Excerpt: ...responsive declaration to the order to show cause and good cause not having been shown. (Minute Order.) The case was dismissed with prejudice following Plaintiff's failure to appear at a hearing regarding failure to prosecute and serve defendants. (Minute Order.) The unopposed Motion to Set Aside Dismissal is granted pursuant to the mandatory relief provisions of CCP § 473, subdivision (b). Plaintiff's Counsel is hereby directed to pay an award ...

Excerpt: ... and rejection of a government claim prior to commencing suit. The City's request for fees pursuant to Code of Civil Procedure section 1038 is granted in the amount of $9,400 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 07/29/2022 against plaintiff herself. The motion for sanctions against counsel is also granted. Plaintiff's counsel, California Trial Law Group, PC, shall be jointly liable for the abo...

Excerpt: ...laintiffs”) claim general and compensatory damages, punitive and exemplary damages, prejudgment interest, and costs of suit after Ms. Lynch was allegedly injured by Karen Moroz's (“Defendant”) pet dog. (First Amended Complaint (“FAC”) at 7:4‐10.) “This is not a dog‐bite case.” (FAC at 3:4.) This is a large, clumsy dog offleash case. (FAC at 3:6.) Defendant owns a large, 5‐year‐old dog named “Vera.” (FAC at ¶7.) Vera, a ...

Excerpt: ... father of Teodulo Tovar) died as a result of the accident. The accident occurred when Teodulo Tovar, JR (“Tovar”) drove off Highway 101 and into a construction area next to the highway. Tovar drove into an excavation that was part of the construction. The accident occurred at around 11 a.m. on a Saturday. At the time of the accident Tovar was an unlicensed driver. He had consumed large qualities of alcohol the night before and had consumed t...

Excerpt: ...41. Petitioner has responded with broad‐based “objections” to the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 07/28/2022 7 motion, most of which generally assert that she is the prevailing party, which is not disputed. For Line 5, Service of process, Eve Howard points out that there actually were other defendants, Paula Howard, Nicole Bradford, LeAndre Anthony Brown and Ryan Neal Brown who were...

Excerpt: ...ong Bancroft Road in Walnut Creek, California when she struck Plaintiff Togtokh Oyuntseren (“Plaintiff”) who was riding his bicycle along the Contra Costa Canal Trail where it crosses Bancroft Road. On January 4, 2018, Mr. Souja purchased the Subject Vehicle from CarMax Auto Superstores California, LLC, by entering into a Retail Installment Contract. (Undisputed Material Facts (“UMF”) No. 3.) Mr. Souja was the registered owner of the Subj...

Excerpt: ...Plaintiff alleges she attended an event at the winery operated by Campos on October 25, 2019. She alleges she tripped and fell while leaving the property and sustained physical injuries. Her Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 07/27/2022 asserts causes of action for negligence and premises liability. Plaintiff seeks leave to file a proposed First Amended Complaint ("FAC") alleging a...

Excerpt: ...siblings who inherited four parcels of property in Contra Costa County upon the death of their mother in 2002. The properties are a commercial property at 1031‐1041 Blackwood Lane, Lafayette (“Lafayette Property”) and a residential property at 3343 Freeman Road, Walnut Creek (“Walnut Creek Property”). Plaintiff and Defendant each own an undivided onehalf interest in the properties. The parties agreed to that rents from the Lafayette Pro...

Excerpt: ...n pedestrian access between Glen Road and Happy Valley Road to hose persons, if any, who held easements of record granting them such access before S‐3 was approved and that S‐3 did not create in favor of members of the general public, a private right‐of‐way easement, or grant rights of any kid, allowing members of the general public access across the Dips.” (SAC ¶ 26.) Statute of Limitation and Writ Arguments The City argues that chall...

Excerpt: ...17, 2018, she was violently struck by the parking control arm/barrier as she walked into the parking garage located at the Broadway Plaza Shopping Center in Walnut Creek. The facility was equipped with a standard parking system guarded by a barrier arm to control entry and exit points of the garage. (UMF No. 2.) Plaintiff brought this action against the manufacturer of the parking arm and the parking facility. Plaintiff filed this action for prem...

Excerpt: ...at defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to , maintain required records, failure to reimburse employee expenses, waiting time, and wage statement claims. On March 19, 2021, the court signed a stipulated order dismissing Plaintiff's class allegations without prejudice. The parties' moving papers state that a First Amended Complaint would be ...

Excerpt: ...violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $571,666.66 (one‐third of the settl...

Excerpt: ...heir petition they shall notify all parties in writing by August 11, 2022. On June 30, 2022 the Court gave the State Defendants until August 5, 2022 to file their answer. The date is no longer practical and is vacated. If Plaintiffs do not amend their petition, the State Defendants now have until August 25, 2022 to file and serve their answer. If Plaintiffs amend their petition, the State Defendant's time to file and serve a responsive pleading s...

Excerpt: ...rules as follows: (a) general demurrers to 2nd, 7th, 8th, 9th, 10th, 15th, 16th, 17th, 19th, 20th, 21st, 21stA, 24th‐28th C/As – sustained with leave to amend; (b) general demurrer to 14th C/A – sustained, without leave to amend; (c) general demurrer to 29th C/A – sustained, without leave to amend, and without prejudice to Plaintiff filing a petition in probate; (d) general demurrers to 1st, 3rd‐5th, 11th‐13th, 18th, 22nd, and 23rd C/...

Excerpt: ...have been a result of the photograph quality along with the complaint being scanned to be filed electronically. Starting July 5, 2022, attorneys are responsible for scanning their documents and having them filed electronically. When amending their complaint Plaintiffs can ensure that the photographs attached to the first amended complaint are sufficiently clear. Defendants demur to each cause of action based on the failure to state facts sufficie...

Excerpt: ...entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Complainant also demurrers to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e)), and they are uncertain (CCP §431.10(f).) For the following reasons, Cross‐Defendant's demurrer is sustained. Cross‐Complainant is granted SUPERIOR COUR...