Excerpt: ...nitially was heard on May 12, 2022, after which the Court continued the matter today and directed counsel to make a supplemental submission. A. Background and Settlement Terms The original complaint was filed March 10, 2021, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, con‐compliant meal and rest p...

Excerpt: ...raventa. The demurrer is overruled as to the Second and Third Causes of Action; sustained without leave to amend as to the Fourth Cause of Action. Background This case stems from a dispute between the five Garaventa siblings (Joseph, Linda, Louisa, Silvio, Jr., and Marie) regarding the management of the family company and the Garaventa Family Marital Trust. Plaintiff Joseph Garaventa alleges he was terminated as CEO of the Garaventa Entities as p...

Excerpt: ...tion under CCP § 377.31 is granted as unopposed. The order to file a 4th AXC in the form currently proposed is denied for the reasons stated below. Background The decision whether to permit Hinh to file the proposed 4th ACC involves application of the sham pleading rule. In turn, that requires analysis of the previous pleadings in this case. This is an action among four brothers over rights and contributions in three alleged investment propertie...

Excerpt: ...lish that the subject property is in dangerous condition under Government Code § 835 and pursuant to Government Code § 830.8 which grants immunity to Caltrans. For the following reasons, Defendant's motion for summary judgment is granted. Brief Factual Background The complaint arises out of a car accident in the early morning hours of May 25, 2018. A tractor trailer crashed on eastbound Interstate 80 just before the Carquinez Bridge; it overtur...

Excerpt: ...ices in violation of California Business and Professions Code sections 17200 et seq. Defendants demurrer to each of the causes of action on the basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 06/01/2022 11 the first, second, and fourth cause of action as b...

Excerpt: ...m him by the defendants / cross‐complainants. In this motion, cross‐complainants seek to add indemnity causes of action against three new cross‐defendants: (1) Old Republic Title Company, the title company that handled the original escrow, (2) realtor David Putnam, and (3) Putnam's brokerage, Berkshire Hathaway. Cross‐complainants contend Old Republic should have ensured Gonzales, as the lender, received and approved all escrow documents....

Excerpt: ...f California Business and Professions Code sections 17200 et seq. Defendant Abar demurrers to each of the causes of action on the basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to each of the cause of action as being uncertain. (CCP §431.10(f).) For the following reasons, Defendants' demurrer is granted in part and denied in part as moot. Plainti...

Excerpt: ...brought this habitability case, wherein they allege Defendant SEKK Investments Diane, LLC failed to remediate multiple uninhabitable conditions. The parties reached a settlement on October 13, 2021, but Defendant has not paid the settlement amount to Plaintiffs. The Settlement and Release (“SAR”) was fully executed on January 18, 2022, when Plaintiffs' counsel signed the Agreement. Motion Pursuant Code of Civil Procedure § 664.6, Plaintiffs ...

Excerpt: ...f less than $10 for cash, in violation of the “Gift Card Act,” specifically Civil Code section 1749.5(b)(2), and other authorities. BP sells gift cards redeemable at Arco gas stations in parts of California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. The gift card program is not operated by BP, but by Tesoro Refining & Marketing Company LLC. A. Terms of the Settlement. BP will use its “best...

Excerpt: ...stitute a cause of action. (CCP §430.10(e).) For the following reasons, Defendants' demurrer is overruled in part and granted in part. Plaintiff is given leave to amend consistent with this opinion. The County's request for judicial notice is granted. (Cal. Evid. Code §452(b), 453.) Standard for Demurrer “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)...

Excerpt: ...stitution as follows: § 13. Overturning erroneous judgments No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error compl...

Excerpt: ... this unlimited matter with the unlawful detainer (“UD”) proceeding RS22‐0041. For the following reasons, the motion to consolidate is denied. The Court of Appeal has held as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the...

Excerpt: ...al hearing was set for January 3, 2022 regarding Plaintiff's request to prove up damages for the default judgment. Plaintiff appeared pro per at the January 3, 2022 hearing and requested more time to set aside the default. The court continued the matter to March 21, 2022, and informed Defendant that she could file a motion to set aside default. Defendant retained counsel on January 4, 2022. Defendant filed the instant motion to set aside default ...

Excerpt: ...dure section 405.30.) Garg and VANS LLC (collectively “Garg”) argue that the lis pendens should be expunged because Machado cannot show the lis pendens is based on real property claims (Code of Civil Procedure § 405.31) and because the notice of the lis pendens was not properly served (Code of Civil Procedure § 405.22, 405.23.) As explained below, the lis pendens is not based on a real property claim and therefore, the Court did not reach t...

Excerpt: ...hat 364 Notice was not addressed or presented to the person designated to receive government claims by Government Code section 915 (a) and was not received by such person within six months after accrual of the cause of action, if ever. (See Gov't C. § 915 (e).) (See Material Fact Nos. 1‐17.) With the benefit of a fullydeveloped factual record, the court has reconsidered the prior rulings that this case is governed by Phillips v. Desert Hospita...

Excerpt: ...from BookFactory, LLC and BookFactory's manager, William Murray, plaintiff Andrew Gilmore filed this action for breach of fiduciary duty in May 2021. He later also filed a related writ petition in this same Court (Case No. N21‐1410) for an order allowing him to inspect the books and records of BookFactory, LLC. Between July 26 and August 6, 2021, eight of the BookFactory members signed a “consent” document stating a resolution that Murray s...

Excerpt: ...tal Briefing The Hiteses' motion seeks a determination that their settlement with plaintiffs Jeffrey M. Jones and Shannon B. Jones ("Plaintiffs") is a good faith settlement under Code of Civil Procedure sections 877 and 877.6. In connection with that determination, they request an order that claims asserted in the cross‐ complaint of Guy Tzen‐Wen a/k/a Tzen‐Wen Guo a/k/a/ Guo Tzen‐Wen ("Guo") and Lin BihWan a/k/a Bih‐ Wan Lin ("Lin") (c...

Excerpt: .... The demurrer is overruled as to the Second and Fourth Causes of Action. If Plaintiff elects to amend, the amended complaint shall be filed and served on or before June 9, 2022. Demurrer Pursuant to CCP § 430.10(e), Defendant Elliot demurs to each cause of action in the Second Amended Complaint on the ground Plaintiff has failed to allege facts sufficient to state a cause of action. 1st C/A— Declaratory Relief Defendant's demurrer to the Firs...

Excerpt: ...fs Jeffrey M. Jones and Shannon B. Jones, Trustees of the Jeffrey & Shannon Jones Trust, and the Hiteses and a supplemental brief filed by the Hiteses in support of their motion for a good faith settlement determination. For the reasons set forth, the application is denied. The Settlement and supplemental brief are ordered filed in the public records of the Court. Standards for Sealing Records Court records are presumed to be open. (Cal. Rules of...

Excerpt: ...er over 115 Thayer Way, American Canyon, CA 94503 (the “Subject Property”) and the residential care facility for the elderly (“Care Home”) operated thereon. Defendant seeks an order granting the Receiver the authority to manage the Subject Property and the Care Home. Defendant also seeks an order authorizing the Receiver to secure funding for the receivership estate through the issuance of receiver's certificates that may be recorded as s...

Excerpt: ... or before June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 05/19/2022 10, 2022. Background Plaintiff Clive Hitchens and Meghan O'Bra began living together in May of 2015 in a lease property located at 881 San Simeon Drive in Concord. In October 2017, both parties signed for a purchase loan of the San Simeon property. Title was taken in Defendant O'Bra's name only. The parties broke up in 2020 but Pl...

Excerpt: ...21, 22, 23, 24, 25, 29, 30; (all subject to any evidentiary objections that have been sustained).) The motions are granted as to plaintiff Debbie Habegger and defendant John Muir Medical Group (“JMMG”) as unopposed. (See Defs' Exs. C, D, and E and Pltfs' Opp. at 10:20‐11:16, which contains no argument regarding Debbie Habegger. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (issue abandoned when plaintiff did not oppose a gr...

Excerpt: .... (California Code of Civil Procedure (“CCP”) §437c(a)(2).) Plaintiff filed its opposition papers, but apparently had an issue serving them on Defendant at that time. It appears they were not served until April 20, 2022 – after Defendant sent a notice of non‐opposition to Plaintiff. As the papers were filed, the Court continued the hearing date to allow Defendant time to prepare and file a reply. The Court's order stated that the Reply w...

Excerpt: ...SE COURT CALENDAR FOR MAY 16, 2022 DEPARTMENT 18 JUDGE DANIELLE K DOUGLAS Factual Background: On or about March 7, 2018, Plaintiffs Shiamalee Perumal and Shyam Sunter (collectively “Plaintiffs”) and defendant Mayari Development, LLC entered into a written residential purchase agreement (the “Contract”) for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that “any dispute or...

Excerpt: ...rvice of Summons as to Defendant G.C. Block Investment.com, LLC (“Defendant” or “G.C. Block”) was filed on October 4, 2019. Thereafter, on November 15, 2019, default was entered against G.C. Block. After providing additional documentation regarding alleged damages, a money judgment was entered on December 1, 2019 awarding $563,740.50. Defendant filed the instant motion seeking to set aside the default judgment on April 11, 2022. Standard ...