Excerpt: ...ant. He filed this case after obtaining permission from the Presiding Judge. When giving Plaintiff permission to file this case, the Presiding Judge ordered Plaintiff to post a $1,000. Now, Defendant Lin seeks an order requiring Plaintiff to post an additional security in the amount of at least $100,000. This matter was originally set for hearing on November 15, 2021, but the matter was continued to February 7, 2022. The motion was served on Alva...

Excerpt: ...t; (2) fraud; (3) negligence; (4) wrongful foreclosure; (5) constructive eviction; (6) breach of the covenant of good faith and fair dealing; (7) violation of California Bus. & Prof. Code §§ 17200 et seq.; and (8) declaratory relief. Defendants demur pursuant to Code of Civil Procedure § 430.10 et seq. on the grounds that Plaintiff Scott lacks standing and that Plaintiff Eurisko fails to state facts giving rise to a cause of action. For the fo...

Excerpt: ...e of “Respondent's submission of material for in camera inspection….” dated 1/28/22. Petitioners Eugene Huff, Jonah Nicholas, and Diogenes Shipp (collectively “Petitioners”) seek a writ of mandate directing Respondents Contra Costa Community College District (“District”) to comply with their California Public Records Act ("CPRA") request. Petitioners have filed a separate action against Respondents for violations of provisions of th...

Excerpt: ...owner of a house he bought in Oakley in 2015 so he could obtain a loan. (FAC, ¶ 8, 9.) Thereafter, defendant forged plaintiff's name to a quitclaim deed so that plaintiff and defendant would no longer be on record as co‐owners of the property. Rather, defendant would appear to own it alone. (¶ 10, 11.) Plaintiff recorded a Lis Pendens against the Property on June 16, 2021. Defendant now moves to expunge the Lis Pendens. CONTRA COSTA SUPERIOR ...

Excerpt: ...ilure to appear. Background Plaintiff filed her complaint for medical negligence on May 22, 2019, alleging that she was negligently treated by defendants in October of 2018, causing her damages. Defendants filed their answer in July of that same year. Approximately two years later, on July 2, 2021 defendants filed and noticed their motion for summary judgment (“MSJ”), which was initially set for hearing on October 22, 2021. On September 7th, ...

Excerpt: ...Plaintiff alleges that Defendant struck him with her car on January 25, 2017. Specifically, Plaintiff alleges that Defendant knew he was standing in front of her vehicle and that she knowingly stepped on her accelerator and struck him. Defendant moves the Court for an order to bifurcate this matter so that the issue of liability is tried before damages. Applicable Law Pursuant to CCP § 1048(b), “[t]he court, in furtherance of convenience or to...

Excerpt: ...ction for declaratory relief alleged in their first amended complaint in intervention ("FACII"). For the reasons set forth, the motion for summary judgment is denied, and the motion for summary adjudication is also denied. Factual Background This case was commenced by Robert Tiernan and certain homeowners in the Diablo community against the Diablo Community Services District ("DCSD") and others seeking, among other things, to quiet title to the p...

Excerpt: ...aintiff Cool Systems, Inc. filed a complaint for breach of contract, conversion, claim and delivery and other causes of action against defendants M. Brace, LLC ("Brace") and Ms. Constantino on January 22, 2021. Among other things, Cool Systems alleges Brace entered into a non‐exclusive representative agreement with Plaintiff to act as a sales representative in a specified territory in California (the "Agreement") and attached a copy of the Agre...

Excerpt: ... It is overruled as to the Fourth, Fifth, Sixth, and Seventh Causes of Action. Defendants shall file and server their Answer on or before February 18, 2022. Preliminary Note An Opposition to a demurrer may not exceed fifteen pages, absent a court order. (CRC 3.1113 (d).) Without seeking permission to do so, plaintiff has filed an Opposition that is twenty pages long. The court will consider the unpermitted pages this time. However, counsel is adm...

Excerpt: ... or before February 18, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/03/22 ‐ 8 ‐ Case Background Plaintiff ROIC owns a commercial shopping center in Pinole ("Pinole Center"). Defendants/Cross‐Complainants are tenants who operated a UPS Store in the Pinole Center. On July 27, 2020, ROIC sued defendants for breach of their lease based on nonpayment of rent. The complaint attaches a copy of the lease a...

Excerpt: ...se of action and for uncertainty: (1) negligence / negligence per se, (2) violations of the Richmond Rent Ordinance, (5) violation of the Richmond Relocation Ordinance, (7) violation of Civil Code 1940.2 and (8) violation of Civil Code 1942.5. Allegations Plaintiff alleges that she rented a “studio apartment” located in the garage for the main property on August 1, 2017 from the Defendants. (Comp. ¶13.) Plaintiff alleges that the unit is sub...

Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...

Excerpt: ...ss settlement fund of $200,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/03/22 ‐ 5 ‐ $70,000 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Simpluris) would have costs of administration capped at $4,000. PAGA penalties would be $5,000, resulting in a p...

Excerpt: ...greement and preliminary approval order is granted; (2) the hearing on the final approval of the settlement is continued to 9:00 a.m. on May 12, 2022; and (3) Plaintiffs' request for an award of attorneys' fees and costs is granted as requested in the amount of $13,635.00. Counsel for Plaintiffs shall prepare and submit an appropriate order reflecting this ruling and setting forth updated deadlines for Arch to approve the Settlement Administrator...

Excerpt: ... the decedents' car head‐on, killing them both. Subpoenas: Plaintiffs issued subpoenas to (1) American Medical Response, Inc.; (2) John Muir Medical Center‐Walnut Creek (MR); (3) John Muir Medical Center (Bills); and (4) John Muir Medical Center (Films) requesting the medical radiological, and billing records of Defendant. Defendant objects to the subpoenas as overbroad. Discussion: The parties brought this dispute to a court‐appointed Disc...

Excerpt: ...portions of those paragraphs plaintiff sought to strike, and the court was prepared to deny the motion because it appeared to be directed at full paragraphs when only portions of the paragraphs were objectionable and because it was not apparent to the new judicial officer in charge of this case exactly what words in each paragraph allegedly violated the Protective Order, as clarified by Judge Austin's ruling on the Motion for Reconsideration of t...

Excerpt: ...with Ryan and Alex (Ryan's wife and former fiancé) for the purchase of defendants' home. The motion for summary judgment is denied. Summary adjudication is granted as to the sixth cause of action for elder abuse, but otherwise denied. The plaintiff has shown triable disputes of material fact, including, but not limited to whether a contract with Alex exists (Fact Nos. 10, 20, 44, 68, 78, 88, 98, 108), and whether Ryan owed a fiduciary duty to pl...

Excerpt: ...t A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., § 437c (c).) A moving plaintiff is not required to disprove any defenses asserted, but must persuade the Court there is no triable issue of material fact as to each element of each cause of action. (Code Civ. Proc., § 437...

Excerpt: ...led as to the Second Cause of Action. Background On or about March 30, 2006, Plaintiff Carol Meier, a married woman, obtained a mortgage loan in the amount of $600,000, secured by the property located at 61 Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the...

Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/31/22 ‐ 2 ‐ At the outset, the Court notes that there appears to be a service issue as Defendant attests in its sur‐reply that it was not served with the Declarations of Plaintiff and Thomas Cregger. (See Declaration of Craig R. Breitman in support of sur‐reply at ¶ 3.) For the following reasons, the motion is denied. Analysis A party may address a prayer for relief from a judgment, order, ...

Excerpt: ...management conference. 2‐22‐22 Mandatory settlement conference. 2‐28‐22 Hearing on defendant's summary judgment motion. 3‐30‐22 Issue conference. 4‐18‐22 Jury trial. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/31/22 ‐ 4 ‐ A. The Proposed Amendments. Plaintiffs seek leave to add a new Fourth Cause of Action for inverse condemnation. This cause of acti...

Excerpt: ... of provisions of the California Labor Code, Education Code and Government Code (Case No. C21‐02408). The court has read and considered the moving papers, as well as the opposition and reply papers, and renders the following tentative decision. As set forth below, the writ is granted in part and denied in part. As further set forth below, the Court orders that the Report be submitted for in camera review and that Petitioners provide an accounti...

Excerpt: ... bought in Oakley in 2015 so he could obtain a loan. (FAC, ¶ 8, 9.) Thereafter, defendant forged plaintiff's name to a quitclaim deed so that plaintiff and defendant would no longer be on record as co‐owners of the property. Rather, defendant would appear to own it alone. (¶ 10, 11.) In doing this, defendant acted with malice, fraud, and oppression. (¶ 23, 30, 31.) As a result of plaintiff's slander of title, plaintiff has suffered damages, ...

Excerpt: ...urly rate at $250, but the Randolph declaration states a normal hourly rate of $275. (Proposed Order ¶F(1); Randolph decl. ¶13.) The Court will sign the proposed order with a $250 hourly rate. The City sued the Defendants for nuisance abatement related to a property located in Oakley. The parties stipulated to a judgment. The City is now seeking the appointment of receiver the enforce the judgment in this case. Code of Civil Procedure section 5...

Excerpt: ...eek's motion to strike is denied. Defendant's unopposed request for judicial notice is granted. Defendant shall file an answer on or before February 16, 2022. A. The Relief Defendant Seeks. The Court notes the comparatively narrow scope of the relief sought in defendant Walnut Creek's motion. The relief sought is limited as follows. First, defendant Walnut Creek has brought only a motion to strike; there is no companion demurrer. Accordingly, def...