Excerpt: ...general negligence; (2) medical malpractice; and (3) premises liability. For the following reasons, the motion for summary judgment is denied. The alternative moton for summary adjudication is granted in part and denied in part. It is granted as to the premises liability claim (count 3), but denied as to the medical malpractice claim (counts 1 and 2, treated as a single claim). Legal Standard Code of Civil Procedure S 437c(o)(1) and provide the r...

Excerpt: ... solicited funds from him for purchase of Structured Assets. (ld. at 10.) According to Plaintiff, Defendant "represented to Plaintiff that Plaintiffs retirement funds would be loaned to individuals and in exchange the individuals would secure payment to Plaintiff from their monthly vested Federal Government Pension payments. Adao further advised Plaintiff that he could purchase options from a Performance Arbitrage company, Inc. SUPERIOR COURT OF ...

Excerpt: ... to exercise its discretion to reconsider the prior arbitration ruling at this point, for two reasons. First, while plaintiff has accurately described the state of the law, the legal issue must be regarded as unsettled in light of the pending Supreme Court review. And second, it is unclear that it would make practical sense to reverse only part of the prior ruling at this juncture, in light of the pendency and progress in the arbitration proceedi...

Excerpt: ...e administrator has mailed notices to 283 class members. After follow-up, no notices were non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plain...

Excerpt: ...IA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 (925)508- 1127 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 01/17/2024 John Muir Health ("JMH") and John Muir Health Foundation, seeking compensation for the injuries she sustained from the fall. Legal Standards for Ruling on Defendant's Motion for Summary Judgment under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that...

Excerpt: ...egligence; (3) Negligent Misrepresentation; and (4) Negligence. A demurrer to the complaint was partially sustained and plaintiffs filed a First Amended Complaint ("FAC") with the same causes of action and substantially the same facts. Plaintiffs allege an oral contract by which they retained SDE to visually evaluate framing in the attic of a home they sought to purchase prior to closing escrow. (Index of Evidence in Support of Motion, Amended Co...

Excerpt: ...party September 28, 2023. Non-party Brothers Smith opposes primarily on the basis that the motion to compel is untimely under Code of Civil Procedure 2025.480 and that plaintiff has not complied with the meet and confer requirement of Code of Civil Procedure 2016.040. For the reasons stated below, plaintiff's motion to compel is granted in part. The litigation in this matter has been going on for years. Plaintiff is the former spouse of defendant...

Excerpt: ...he complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent" of the...

Excerpt: ...anufactured by Defendant Zero Motorcycles, Inc. (the "Motorcycle"). The form complaint alleges a cause of action for Products Liability— broken down into three counts: (1) strict liability — based on (i) manufacturing defect, (ii) design defect, and (iii) warning defect; (2) negligence; and (3) breach of warranty — implied and express written. The Complaint alleges that Defendant designed and manufactured the Motorcycle, and that it was bei...

Excerpt: ...he arbitration award (or this Court's order confirming it) operates as res judicata as such, because the claims and defendants involved were different from those now asserted in the SAC against Budde. However, may operate as collateral estoppel. Is there authority supporting or rejecting the argument that a confirmed arbitration award establishes collateral estoppel binding the losing party to all legal conclusions reached in the arbitration awar...

Excerpt: ...fficient to constitute a cause of action (Code of Civil Procedure S 430.10(e). They also demurrer to the second cause of action separately claiming that it "is not properly justiciable", without citing any statutory source for that basis of the demurrer. Cross-Defendants' demurrer is overruled for the reasons set forth below. Factual Allegations and Background This matter pertains to a property dispute between two neighbors. Plaintiffs own proper...

Excerpt: ... to the first and eleventh causes of action. If plaintiff contests this tentatve 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 first challenge to the complaint, plaintiff is given leave to amend as to all remaining causes of acton. Plaintiff shall file and serve any amended complaint by February 8, 2024. Should plaintiff ele...

Excerpt: ...inistration costs, and representative payment. The moton is granted. A. Background of the Case and Terms of Settlement This is a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/1...

Excerpt: ...01/11/2024 31 supplemental declaration as stated herein. A. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a non-exempt employee from September 2016 to December 2020, although her job description is not provided. The original complaint was filed on April 12, 2021 as a class- action and PAGA case. The settlement would create a gross settlement fund of $285,000. The class representative payment...

Excerpt: ... defective design and installation of a fire suppression sprinkler system at the residence they built on their property located at 2 Crane Court, Orinda, California (the Property). Plaintiffs allege they engaged defendant and cross-complainant Advanced Automatic Sprinkler, Inc. to design and install the fire sprinkler system. Advanced filed a cross-complaint on January 27, 2022 and added Supreme Glass Company by Roe amendment as Roe No. 26. (UMF ...

Excerpt: ...ts, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 68 class members. 3 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving none nondeliverable. No objections were received, and only one class member opted out. The motion is granted, with a modification. Background and Settlement Terms Defendant provides safety monitoring services for utility lines an...

Excerpt: ...ry 27, 2021, alleging one cause of action for negligence against defendant Nearon Enterprises. Nearon is the owner of a building where Plaintiff worked when she alleges she was locked in a bathroom. She asserts a claim for personal injuries she alleges she suffered trying to obtain help and escape the bathroom. Nearon filed its initial cross-complaint against Schlage Lock Company LLC for indemnity, contribution and declaratory relief on May 26, 2...

Excerpt: ...y logistical history since then. The parties missed their originally scheduled date for final approval in February 2023. The notice to the class was sent, but it was discovered that it had been sent to an overbroad list including salaried employees. This required a stipulation to send out corrective notices. The parties then found themselves in a Catch-22 where they couldn't send the notices until they had a hearing date for final approval, but t...

Excerpt: ...e motion is denied, as discussed below. Relevant Background Plaintiffs are a group of landowners who contend they are entitled to reformation of their deeds because their deeds do not include certain adjacent land that should have been included. Two of the plaintiffs, Greg and Jennifer Jerum, purchased 523 Santa Fe Avenue, Richmond, from the moving defendant, First Group, in March of 2018. (Separate Statement of undisputed Material Facts, hereina...

Excerpt: ...d. Overview of Complaint Plaintiff Emeziem & Others is a law firm that represented seven individuals — Melondy Spears, Candace Spears, Kela 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). (q 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries — Willie L S...

Excerpt: ...a notice of application and hearing; and (3) a copy of the application and any affidavit in support thereof. (CCP S 512.030.) The file reflects service of the summons, complaint, notice of application, and application upon Defendants Amandeep Singh and NAVI Transport, Inc.. As a result, the court addresses the merits of the applications. Pursuant to CCP section 512.010(b), the application must be submitted under oath and include: (1) Plaintiffs b...

Excerpt: ...oster care system when he was abused at facility (Tahoe Turning Point) where he was placed by the County as his legal custodian. (Compl. Intro„ 2, 3.) He alleges that between 1998 and 2000 when he was in foster care at the facility, a staff member of the facility sexually abused him multiple times. (Compl. 25-27.) He alleges that the defendants knew or should have known about the perpetrator's unfitness for his position and his sexual misconduc...

Excerpt: ... without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the "Property"). The operative Second Amended Complaint (SAC) was filed on July 18, 2023. It sets forth two causes of action against the Moving Defendants: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18...

Excerpt: ...4U and Defendant Jeffery Lee Klaus (collectively, "Defendants"). Plaintiffs also seek to dismiss a settled party, Defendant Suretec Insurance Company, and the Ninth Cause of Acton for Recovery of Contractor's Bond. Defendants oppose the motion on several grounds: delay, prejudice, failure to state a cause of action, statute of limitations, and substantive challenges to the cause of action for fraud. For the following reasons, the motion is grante...

Excerpt: ...t Bell, Defendant Moreno began to make sexual remarks towards Plaintiff. This escalated to the point where, on December 10, 2022, Defendant Moreno physically assaulted Plaintiff and told her he wanted to have sex with her—on Bell grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/29/2023 on or about December 11, 2022, Plaintiff attended a meeting, accompani...

Excerpt: ... adjudication of the second affirmative defense to the cross complaint is treated as a moton for judgment on the pleadings and granted with leave to amend. Summary judgment is denied. Background This is an action for breach of contract arising from a home equity line of credit extended to Stephenses by National City Bank and secured by a second position Deed of Trust to their former residence at 2418 Santa Cruz Court, Byron, CA 94514. (undisputed...

Excerpt: ..., brought by Plaintiff against Defendant Complete Solar, Inc. ("Complete" or "Defendant"). Complete is in the business of installing solar systems on residential and business buildings. In November 2020, GNR and Complete entered into a contract wherein GNR would sell solar energy systems to consumers on behalf of Complete in return for a commission paid to GNR for each system sold. In other words, GNR would do the groundwork for the sale, and Com...

Excerpt: ...each of the covenant of good faith and fair dealing. This resulted in a jury award of damages which was later reduced in the Final Judgment. The jury awarded $5,000 in punitive damages. Judge Baskin issued a statement of decision on September 7, 2022 and entered Final Judgment on September 16, 2022. The Judgment mandated the sale of the real property underlying parties' dispute unless plaintiff could buy out the defendants. It also let stand an a...

Excerpt: ...s indicated below. Factual Summary On or about September 28, 2016 Plaintiff leased two storage units from Security Public Storage — Hapvard ("SPS — Hayward"), located at 24873 Huntwood Ave., Hayward, California. (9 4, Ex. 1.) In approximately February 2019, Plaintiff began noticing rat droppings, food and candy wrappers, and dead rats within her storage units. (910-14.) Plaintiff's property stored within the units was damaged by the rodents, ...

Excerpt: ...he grounds that he is a resident of Maryland. Plaintiff opposes on the grounds that the Court has specific personal jurisdiction over Gawad. 17 For the following reasons, the motion to quash is granted. Request for Judicial Notice Plaintiff requests judicial notice of documents from the California Secretary of State, a printout from the Maryland Bar Association website, and a printout from the LinkedIn website. The request is unopposed. The reque...

Excerpt: ...atus of the Probate Proceeding and its implications for this case on or before March 11, 2024. Background Plaintiff Jnbud Dawod Hadu ("Hadu" or "Plaintiff") alleges she is the "successor in interest" of her sister Sabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Third Amended Complaint ("3AC") 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP S 377.32" in support of Plaintiff's alleged standing. Plaintiff a...

Excerpt: ...d serve a second amended complaint. 2 Background This is a legal malpractice action. Plaintiff is Security Offcers & Investigations LLC (Sol). Defendants are Bradley Kass, an Individual (Kass), The Estate of Bradley Kass and Richard Kass as Executor of the Estate of Bradley Kass (the Estate), and (4) Kass & Kass Law Offices (the Firm). Sol's malpractice claim arises from the Firm's representation SOI in an underlying trial and appeal in Dodson v....

Excerpt: ...r defendant USAA General Indemnity Company ("USAA") and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring based on a claim under their homeowners' policy made in February 2016. (3AC 9, 10, 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA cwer the replacement flooring installed based on that insurance claim. (3AC 14-27.) Plaintiff...

Excerpt: ... are suing their homeowners insurance carrier defendant USAA General Indemnity Company ("USAA and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring after they made a claim under Plaintiffs' homeowners' policy in 2016. (3AC 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA over the replacement flooring installed based on that insur...

Excerpt: ...n January 5, 2024. The Complaint The complaint is six pages long and asserts two causes of action: for breach of an oral contract and for unjust enrichment. Plaintiff Orison alleges as follows. In 2011, Orison and Palecek entered into an oral agreement (the "Agreement") providing that Orison would serve as Palecek's independent sales representative to promote the sale of its products and solicit orders from customers and potential customers in a ...

Excerpt: ... notice. (Donabedian v. Mercury Ins. Co. (2004) 115 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Courts (1984) 153 Cal.App.3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) The only issue a demurrer is concerned with is whether the complaint, as it stands, states a caus...

Excerpt: ...tion to dismiss as a motion for judgment on the pleadings. A defendant may make a motion for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP S 438(c)(1)(B)(ii); Prickett v Bonnier Corp. (2020) 55 Cal.App.5th 891, 896.) Moreover, a court may grant a motion for judgment on the pleadings where a party lacks standing to bring the suit. A plaintiff...

Excerpt: ...iff which allegedly had undisclosed structural damage. Defendant contends that the Court should quash the service of summons because Plaintiff failed to serve the summons in accordance with statutory requirements. Statutory Requirements of Service Code Civ. Proc., S 416.90 provides that "[a] summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person orto a pers...

Excerpt: ...ion. Plaintiff's motion is denied. As the Court will explain, Plaintiff's argument skips a step and cannot establish as a matter of law that defendants have no right to discharge storm water into the Park because they have no easement. Procedural Objections The Court rejects Defendants' objections. They are contrary to the express directions of the Court at pretrial conferences. Defendants point out that in seeking a ruling on what Plaintiff cont...

Excerpt: ...tz. He first argues, with no citation to authority or other rationale, that discovery must be strictly limited to the issue of class certification. Who says so? First, the complaint includes non-class claims. Second, even if class certification were denied or abandoned, there would remain individual and representative claims to litigate. And in any event, this case has now been pending for over three years. If the parties have not gotten started ...

Excerpt: ...ARTMENT 21 (925)608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/13/2023 Plaintiff James Grimes worked for westcat since approximately October 2009. (UMF 1.) Effective February 14, 2022, WestCat implemented a COVID-19 Vaccination Policy (the "Policy") that required all WestCat employees to either: (1) provide a medical or religious exemption to the COVID-19 vaccination requirement ("Exemption Form") by February 28, 2022; or (2) provide p...

Excerpt: ...general demurrer to the first cause of action for failure to state facts suffcient to state that causes of action against Duggan — sustained, without leave to amend; and (c) Duggan's general demurrers to second, third and fourth causes of action and Districts general demurrers to all causes of action for failure to state facts sufficient to state those causes of action - overruled. Background Plaintiff began her employment with defendant San Ra...

Excerpt: ...ung, filed suit as a qui tam plaintiff, alleging violations of the California False Claims Act (also "CFCA") and violations of the unfair Competition Law. After an initial demurrer was sustained, she filed the FAC, abandoning the LICL claim and only alleging false claims. On behalf of the City of Walnut Creek and the State of California (collectively, "Government Plaintiffs"), plaintiff alleges defendants "knowingly concealed and decreased their ...

Excerpt: ...The complaint was personally served on defendant Lisa Johnson on September25, 2023. On October 23, 2023, Johnson brought the current motion. Johnson argues the action is a SLAPP, in other words a strategic lawsuit against public participation—a suit arising from defendant's acts in furtherance of her right of petition or free speech. Johnson supports the motion with her own declaration. Johnson states plaintiff is her ex-husband and father of h...

Excerpt: ...ngs. For his breach of contract cause of action he asserts that he made an agreement with AmaWaterways on April 8, 2022, and a copy of the agreement is attached as Exhibit A to the complaint. Exhibit A is a guest invoice, and one page of an apparent several page contract. AmaWaterways asserts that Mr. Orvis is a retired attorney. AmaWaterways contends that the full contract includes a mandatory forum provision, stating that Basel, Switzerland was...

Excerpt: ... right to appear at the scheduled hearing on the motion, make oral argument, and present evidence. (Code Civ. Proc. S 391.2; Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 225.) For the reasons set forth, the Court's tentative ruling is as follows: (1) the motion is granted in part insofar as it seeks (a) an order designating Plaintiff Malaya Taylor Keys a vexatous litigant under Code of Civil Procedure section 391(b)(1), and (b) a prefiling order pro...

Excerpt: ...end the judgment to add Matrai's former spouse, Michele Uriarte, as an alter ego judgment debtor under CCP section 187.1. Brar contends that Uriarte is in possession of funds belonging Goodwood Properties which could be used to satisfy the judgment. Plaintiff applied for an order of third- 18 party examination of Uriarte to answer concerning property of the judgment debtors in her possession or control but was unable to serve Uriarte with the ord...

Excerpt: ...ended interlocutory judgment for partition, regarding a single-family residence. At the time of the interlocutory judgment, the owners of the fee simple interest in the property were Plaintiff 50% and Defendant 50%. Subsequent to the interlocutory order, Defendant Mattie B. Edwards passed away. Thereafter, Odette Crawford moved to substitute the Estate of the Decedent in place of Deceased Defendant pursuant to CCP S 377.32. The Court granted the ...

Excerpt: ...t all times relevant" she was an employee of Lyft, Inc. and "a beneficiary under an insurance policy" purchased by Lyftfrom Allstate. (Compl. '12.) She alleges an actual controversy has arisen under the insurance policy as to the rights of Plaintiff and Allstate in that she contends she is entitled to benefits under Lyft's policy based on an accident that occurred on November 7, 2021 on the 1-80 freeway. (Comp'. 3.) Standards Governing Demurrer I...

Excerpt: ...n April 21, 2023. As such, any response was due on or before May 22, 2023. On May 15, 2023, Defendant filed a motion to extend time to respond to the Complaint. The Court granted this request, holding the Defendant "may have until August 24, 2023, to answer in this SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/08/2023 matter." The Court also made clear that "No f...