Excerpt: ...sed upon evidence gathered, in advance.” The conclusion of the motion states as follows: [3] Plaintiffs file this motion so that the Court may determine in advance which causes of action have sufficient evidentiary support to be tried before the jury. [4] Plaintiffs seek to avoid any further Motions for Judgment on the Pleadings and any Motion for Nonsuit that may be filed prior to the opening of the trial. The Court denies plaintiffs' motion b...

Excerpt: ... an appeal pending on the merits of the writ. The Court agrees with O'Brien that the appeal did not stay the undertaking issue, which is a different issue than the one on appeal. Code of Civil Procedures section 529.2 requires a court to order a plaintiff to post an undertaking if the moving party's motion satisfies all of the following: 1. The plaintiff challenges a housing project that is a development project as defined by Gov. Code § 65928. ...

Excerpt: ...nd Seller Property Questionnaire; disclosed as much as they should have regarding the things they did remember; deliberately restricted the information they permitted Engeo to disclose before the close of escrow; and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 03/11/22 ‐ 2 ‐ affirmatively represented that there were no slides on the Property. (In citing the disputed facts that follow, the court is relying on ...

Excerpt: ... is otherwise denied. Background Plaintiffs allege Defendant Camille Kimball decided to intoxicate herself with heroin and alcohol for several hours. She then drove in the wrong direction on I‐ 680 northbound. At 3:47 a.m., her vehicle came in contact with the vehicle driven by Nettie Darlene Perkett. Taurean Dorotae Lee was a passenger in Perkett's vehicle. Perkett and Lee died of the injuries resulting from the collision. Motion Pursuant to C...

Excerpt: ...d plaintiffs' failure to first seek leave to substitute Does. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/10/22 ‐ 2 ‐ At the initial hearing on the motion, plaintiffs were given leave to submit a supplemental declaration and Union Oil was permitted to file a response. The motion is now denied. Union Oil has not shown plaintiffs or their counsel knew Union Oil manufactured the solvents used at plaintiff's w...

Excerpt: ...ream TV entered into an Omnibus Agreement whereby the secured creditors, SLS and Hawk, would accept delivery of Stream TV's assets in satisfaction of its debts. The assets would be transferred NewCo, which later identified as SeeCubic, Inc. While Stream TV and SeeCubic were arguing over the right to Stream TV's assets, Plaintiff was tasked by Stream TV board member, Shad Stastney (current Executive Chairman of SeeCubic's board of directors) to sa...

Excerpt: ... They allege that on January 7, 2018, a metal framed glass section of the fireplace located in the family room of their home at 835 Meander Court, Walnut CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/10/22 ‐ 2 ‐ Creek, California detached and fell onto the left leg of Sidney Waters who was seated nearby. (SSUMF, No. 3 and response.) From 2012 to 2018, plaintiffs used the fireplace approximately two to three ...

Excerpt: ...ce with the applicable Local Rules and procedures. In the event the Tentative Ruling is contested, the hearing on the motion shall be conducted on March 17, 2022 at 9:00 a.m. By Monday, March 14, 2022, the Plaintiffs and the Defendants shall file with the Court and serve on the other parties supplemental briefs, no longer than 10 pages doublespaced, to focus the oral argument and assist the Court in following the parties' arguments at the hearing...

Excerpt: ...et al., and related cross‐actions, Case No. MSC20‐01714 ("Bennett Action"), now consolidated for discovery and pre‐trial proceedings with Case No. MSC20‐01593. For the reasons set forth, the motion is granted, with leave to amend. Factual Background On March 11, 2020, an East Bay Municipal Utility District ("EBMUD") water line broke causing water to flow down Tappan Terrace located in a residential neighborhood in Orinda. (FAC ¶ 25.) The...

Excerpt: ...Plaintiff's motion is denied in full. The basis for this ruling is as follows. A. Consolidation. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/10/22 ‐ 42 ‐ The Court of Appeal has held in pertinent part 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 [1] may stay the ...

Excerpt: ...ilure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $41,662.50 (one‐third of the recovery), $11.803.04 in in litigation costs, and $3,500 in costs to the settlement administrator. A plaintiff's service award of $7,500 would be provided. PAGA pe...

Excerpt: ...ff's Complaint on the grounds that Labor Code § 2699.6(a) applies to exempt Defendant (a construction industry employer) from PAGA liability where there is a valid collective bargaining agreement (“CBA”) that explicitly waives PAGA. In the alternative, Defendant requests abatement pursuant to CCP § 430.10(c) on the grounds that there is another action pending between the same parties on the same cause of action (case no. C21‐01735, remove...

Excerpt: ...d as to cause of action six and denied as to causes of action three, five and seven. Summary judgment is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/09/22 ‐ 6 ‐ Plaintiff SRI Environmental sued the Defendants for (1) breach of oral agreement (Dutch), (2) common count (Dutch), (3) breach of duty of loyalty (Joseph Baughman), (4) conversion (Joseph Baughman), (5) deceit (all Defendants), (6) negligen...

Excerpt: ...r her success in vacating discipline and expenses imposed by respondent Board of Registered Nursing. While the court rejected many of petitioner's arguments, it did find that “the weight of the evidence did not support the Board's finding of gross negligence.” (SOD, pp.20‐22.) The court also found the Board violated due process in ordering petitioner to pay the Board's expenses in light of the insufficient evidence. Finally, the court order...

Excerpt: ... in Pleasant Hill. The Owners contracted for certain work and improvements on their property. Plaintiff Mel Electric Inc. provided electrical services pursuant to contract with Defendants' general contractor, Defendant Vizsla Construction. Plaintiff has not been paid for its work. The outstanding balance due is $12,299.44. Motion Pursuant to Code of Civil Procedure § 473, Donald Fletcher and Jessica Lorence, in pro per, move to set aside the ent...

Excerpt: ...led to judgment as a matter of law. (Code Civ. Proc. § 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...

Excerpt: ...Fact Nos. 16, 19, 21, 23; see Ramsey v. City of Lake Elsinore (1990) 220 Cal.App.3d 1530, 1544.) The motion for summary adjudication is denied for the reasons stated in the body of this ruling and because plaintiff has not stated the issues as to which he seeks a determination, whether that be the individual causes of action or something else. (See Notice of Motion at 1:24‐27; CRC 3.1350 (f).) Background This is a lawsuit by an attorney against...

Excerpt: ...) prepared a proposal for plaintiff's insured homeowner to remodel a hall bathroom. (See Ex. A to Declaration of Daniel Trowbridge in Support of Motion, hereinafter, “Complaint,” ¶11.) Pursuant to the proposal, Paul Davis was to replace the "toilet supply," install a customer provided toilet and seat, and "[f]urnish and install new wax ring and water supply hose." (Complaint, ¶11.) The proposal was accepted. On November 1, 2010, the insured...

Excerpt: ...tory relief related to the easement. In this case, Tulloch moved to compel arbitration. Tulloch's motion was granted on August 14, 2019. (Order After Hearing, filed August 14, 2019.) The Vesces claims against Tulloch were ordered to arbitration and the claims against Pacific Union, Kelly Wood and Dana Green were stayed pending resolution of the arbitration. Arbitration has not been completed, although an interim award suggests that the Vesces wil...

Excerpt: ...Song‐Beverly Warranty Act; and (3) fraudulent inducement—concealment. Defendant demurs to Plaintiffs' third cause of action pursuant to Code of Civil Procedure (“CCP”) § 338(d) and CCP § 430.10(e) on the grounds that it is barred by the applicable statute of limitations. Defendant also demurs on the grounds that the third cause of action is barred by the economic loss rule. Finally, Defendant demurs to the third cause of action on the g...

Excerpt: ...copa County Superior Court in the State of Arizona, Case No. CV 2021‐008958 ("Arizona Action"). The suit arises out of a business dispute between the companies. Sausal failed to timely respond to the complaint, and its default was entered. Device subsequently moved for entry of a default judgment, which was granted and judgment entered by the Court in Arizona on August 24, 2021. Sausal is a California corporation. After obtaining judgment in Ar...

Excerpt: ...SW with Defendants was done by and through Michael Eggiman. Beginning in February of 2015, Plaintiff entered into a series of agreements with Defendants for the purchase, rehabilitation and sale of six single‐family properties in the Bay Area. Defendant Christina Boomershine is the agent and employee of Defendant Pacific Financial CA, LLC. Due to conflicts between the parties and other failed agreements, the parties entered into a final written...

Excerpt: ...ary judgment or, in the alternative, summary adjudication. Because the motion successfully shifts the burden to plaintiff to demonstrate a triable issue of material fact with respect to breach of duty and causation, and plaintiff has failed to oppose the motion, summary judgment for defendants Dr. Fan and Medical Anesthesia Consultants Medical Group, Inc. is granted. Factual Background and Motion Plaintiff filed her complaint for medical negligen...

Excerpt: ...ed. Rodda Electric's default is set aside and the underlying cross‐complaint is stricken. Code of Civil Procedure, § 428.50 states: (a) A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐ complaint. (b) Any other cross‐complaint may be filed at any time before the court has set a date for trial. ...

Excerpt: ...ty. Legal Standard Applicable to Summary Judgment The City first contends that the cause of action for general negligence fails because it is not permitted as against the City as a matter of law. The City next contends that this action has no merit because, it says, Morton cannot establish the existence of a dangerous condition of public property. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A ...