Excerpt: ...nst the City of Pittsburg (see Pl. Opp. to Dem. fn. 1, pp. 1‐2.) and Plaintiff's failure to oppose the demurrer to the second cause of action for negligence against the City of Pittsburg, the general demurrer to the negligence cause of action against the City of Pittsburg is sustained, without leave to amend. Background Plaintiff was injured while riding his bicycle on California Avenue near Edward Avenue in the City of Pittsburg when a vehicle...

Excerpt: ...g on the demurrer to the NIED cause of action in the First Amended Complaint, the court said that it would require plaintiff to plead with reasonable particularity regarding this claim. It said plaintiff would therefore be required to plead CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 02/25/22 ‐ 2 ‐ details regarding how often he was in the facility, what producing‐producing event(s) he claims to have contem...

Excerpt: .... (Defendant claims Plaintiff misidentifies the model. It was a Honda HR‐V, but the specific model is of no import to the motion.) Plaintiff Knight suffered severe and permanent injuries, including paralysis. Plaintiff claims the 2017 Honda CR‐V was in a defective condition because it was not equipped with a Forward Collision Warning System and the vehicle was not equipped with Honda's Collision Mitigation Braking System available on earlier ...

Excerpt: ...side legal counsel prior to the March 9, 2021 City Council meeting, which allegedly concluded that council member Jovita Mendoza did not have a conflict of interest. Petitioner requested each of these categories be included in the City's administrative record to be produced for this case, but the City declined. Ordinarily, a case such as this is decided only based on the record before the agency. (Western States Petroleum Assn. v. Superior Court ...

Excerpt: ...losed illegally. She seeks to rescind the foreclosure sale and/or judgment in the amount in $1,455,000. Motion Pursuant to Code of Civil Procedure § 128.7, Defendant Gregory Funding, Inc. moves for an award of sanctions, including non‐monetary issue and terminating sanctions, and attorneys' fees and costs incurred in defending this action in the amount of $20,816.00 against Plaintiff Helen Park Brouwer, her Guardian ad Litem, Chang Gon Lee, an...

Excerpt: ...bligated to file a responsive pleading, no default shall be taken against the DOE defendants, and no discovery shall be initiated by or against the DOE defendants, absent further court order. The existence of a stay pending arbitration does not oust a trial court of its inherent judicial power “[t]o amend and control its process and orders so as to make them conform to law and justice.” (Code Civ. Proc., § 128, subd. (a)(8). Cf. Pinela v. Ne...

Excerpt: ...eight, arguing that the Court lacks jurisdiction and that each claim fails to allege facts sufficient to constitute a cause of action. The Court refers to the original pleading in this case as the “Petition” since the document is called a petition and complaint. The Court refers to the parties as Plaintiffs and Defendants as that is how the parties are discussed throughout the Petition. California Rules of Court, Rule 2.112 The District argue...

Excerpt: ...Defendants argue that this is a procedurally defective renewed application for preliminary injunction. Specifically, that the motion does not comply with the requirements of Code of Civil Procedure (“CCP”) § 1008(b). That section provides that “[a] party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or d...

Excerpt: ...causes of action for motor vehicle, general negligence, and intentional infliction of emotional distress and seeks both compensatory and punitive damages. Defendants both move to strike Plaintiff's prayer for punitive damages and exemplary damages. For the following reasons the motion is granted, with leave to amend. The Court may strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading “not drawn . . ...

Excerpt: ...nt (“FAC”) for (1) violation of Civ. Code § 2923.5; (2) negligence; (3) wrongful foreclosure; (4) unfair business practices (violation of Bus. & Prof. Code § 17200); and (5) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. R...

Excerpt: ... Garaventa in this consolidated case is sustained as to the First, Second, and Third Causes of Action, based on RICO, without leave to amend. (CCP § 430.10 (e).) The demurrer is overruled as to the Fourth Cause of Action. Walter III's demurrer is sustained with leave to amend as to the Fifth Cause of Action, but the demurrers of the other defendants are overruled as to that cause of action. The demurrer is overruled as to the Sixth Cause of Acti...

Excerpt: ... alleged violations of the FDCPA at trial: (1) ALS Lien Service's misallocation of homeowner's payments, which violates Civil Code section 5655(a), and (2) ALS Lien Service's practice of threatening foreclosure for unpaid homeowner association's dues. For remedies, Plaintiff will seek injunctive relief based on both alleged violations and will seek monetary relief for the first alleged violation, seeking both restitution under UCL claim and actua...

Excerpt: ...y Shopping Center, LLC, filed this action for the recovery of commercial premises in Concord, California. After defendant failed to appear, its default was taken and a default judgment was entered on January 4, 2022. A writ of possession was issued on January 11, 2022. Defendant filed this motion on January 21, 2022. The motion is supported by a declaration from Matt DeLima, managing member of defendant, and a second declaration from defendant's ...

Excerpt: ... 473.5 on the grounds that they did not have actual notice. For the following reasons the motion is granted. Brief Procedural Timeline • February 18, 2020. Summons and Complaint (naming Defendant Ony Homes LLC) filed. • April 29, 2020. Doe Amendment naming Defendant Chernomordikov filed. • May 21, 2020. Order to serve Defendants by publication. • August 26, 2020. Proof of publication of summons filed. • September 28, 2020. Default enter...

Excerpt: ...alleges one claim for negligence against Dr. Tsai for his negligent repair of the injuries to Mr. Menendez's left eye and negligent post‐operative treatment that resulted ultimately in Mr. Menendez's loss of vision in his left eye. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/17/22 ‐ 12 ‐ Legal Standards for Ruling on Defendant's Motion for Summary Judgment Under Code of Civil Procedure § 437c(c), a moti...

Excerpt: ...dgment against defendant, on the First Cause of Action for breach of contract, in the total sum of $23,125,538. The Court denies summary adjudication of Issue No. 3 on the following grounds. A‐1. Lack of Admissible Evidence. Plaintiff has not supported its motion with admissible evidence, based on the evidentiary rulings set forth in Part C below. For example, plaintiff has not properly authenticated the Excel spreadsheet that assertedly establ...

Excerpt: ...or Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medical expenses, and general damages. She further alleges defendants were speeding. About a month after plaintiff filed suit, on February 11, 2021, defendant Garcia settled with plaintiff for defendant's policy limits in the amount of $30,000 in re...

Excerpt: ...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 wages, and cascading derivative violations. Defendant operates a single El Pollo Loco franchise. The total settlement payment is $65,000. This is composed in part of attorney's fees of $22,750 (35% of the total recovery), $2,500 in litigation costs, and up to $7,500 in costs to the settlement admi...

Excerpt: ...mplaint shall be filed and served on or before March 10, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/17/22 ‐ 2 ‐ Background This lawsuit involves the Braddock family estate. The family intended the sizeable fortune, amassed during the lives of Robert C. and Lois Braddock, to go to charity upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which ...

Excerpt: ...in May 2020 after a spinal injury, which left her paralyzed and bedridden. Plaintiff physical limitations restricted her ability to carry out normal activities. She was dependent on the facility's staff for all activities of daily living, including personal hygiene, continence care, transferring and repositioning in bed, and transferring to a wheelchair. She also depended on the staff for eating, drinking, and medication management. At the time o...

Excerpt: ...rike the word "first" in references in the SAC to the "first" amended complaint at the following page and line numbers of the SAC is granted: p. 2, lines 4, 7, 9, 15, 20, 23, and 28, page 3, lines 3, 11, 12, and 19, p. 10, line 22, and page 11, line 28. The motion CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/16/22 ‐ 4 ‐ to strike paragraph 56 and 57 of the SAC is also granted. The motion to strike paragraph...

Excerpt: ...amended complaint shall be filed and served by February 28, 2022. Background The FAC alleges, in sum, that plaintiffs are elders who were defrauded in a real property transaction. Specifically, William Brickner, a 71‐year old, and his wife who is 66 (FAC, ¶¶2‐3) bring this action through their attorney in fact / guardian ad litem, Deena Burke, to recover for the fraudulent purchase of a condo by Carol Concilio. Concilio, former attorney in ...

Excerpt: ...ndants"). For the reasons set forth, the general demurrer and special demurrer for uncertainty are overruled. Background Plaintiff John Rogan alleges that in February 2021, he consented to have a surgical procedure, specifically "a left anterior total hip arthroplasty, including ancillary services and the administration of anesthesia." (Compl. ¶ 7.) Defendants placed vials of spinal anesthetic and a blood clotting agent, tranexamic acid, both wi...

Excerpt: ...R COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/10/22 ‐ 15 ‐ drove too close to Petitioner's vehicle, swerved in front and back of Petitioner and flashed a blinding spotlight on him. Petitioner filed a government claim with the City of Lafayette and the Lafayette Police Department on November 3, 2020. The claim was rejected on November 13, 2020. Contra Costa County provides policing for the City of Lafayette and Petitioner filed ...

Excerpt: ...s Labor Code provisions pursuant to the Private Attorney Generals Act (“PAGA”), California Labor Code §2698 et seq. Defendant also asks the court to take judicial notice of four unreported cases as well as Senate Bill 796 (2013) (Exs. A‐F). As set forth below, Defendant's motion to strike is granted in part and denied in part. The request for judicial notice is granted, with the limitations referenced below. Plaintiff's request for leave t...