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...

Excerpt: ... Fernandes and Andrew Fernandes), to add a cause of action for aiding and abetting breach of fiduciary duty and an equitable claim for imposition of constructive trust against Cross-Defendant Viramontes, and to remove copyright claims that must be brought in federal court. Cross-Defendants oppose the motion on several grounds. For the following reasons, the motion is granted. Analysis Code of Civil Procedure S 473(a)(1) provdes the Court discreti...

Excerpt: ...ound and Mohon Plaintiffs, Sabrine Finau and her husband Soli Finau, filed their complaint on February 18, 2021. They allege that on February 23, 2019, 45-year old Sabrine Finau attended a cross fit class on the premises of Grace Bible Fellowship Church of Antioch ("Church"). The cross fit class, parties agree, did not offer what the "CrossFit" brand offers, but rather the term was used to mean "fitness training." Ms. Finau was an invited guest o...

Excerpt: ...0865, which was consolidated with the present matter for all purposes on September 18, 2023. The Oliva Complaint was filed on April 21, 2022, and alleges three causes of achon against Defendants: (1) general negligence, (2) premises liability, and (3) res ipsa loquitor. Defendant moves for judgment on the pleadings as to the entire complaint, contending that each of the causes of action are barred by the applicable statute of limitations. Defenda...

Excerpt: ...ins and Petitioner Collins (collectively, "Petitioners)'s writ of mandate requesting that Respondents vacate the August 20, 2021 coroner decision ruling Angelo Quinto's death an "accident" and amend the record to rule his death a "homicide." Respondents demur to Petitioners' writ pursuant to CCP SS 430.10(e) 430.50(a) on the grounds that Petitioners lack standing to sue pursuant to CCP S 1086, that issuance of a writ will not grant any effectual ...

Excerpt: ...en Accounts; and (4) Common Counts — For Work and Labor Furnished. Defendants' demurrer to the whole complaint on the ground that it fails to state facts sufficient to constitute a cause of acton (Cal. Code Civ. Proc. S 430.10(e). They also demurrer to the second cause of action separately claiming that the failure to record and serve a Notice of Pendency of Action (Lis Pendens) as required by Civil Code S 8461 renders the recorded Mechanic's L...

Excerpt: ...twice during each calendar month, on days designated in advance by the employer as the regular paydays." Defendant demurs. The demurrer is overruled. Defendant is given 28 days in which to file and serve its answer. Demurrer Standards "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) 118 Cal.App.4th 1413, 1420. A complaint "is sufficient if it alleges ultimate...

Excerpt: ... by unspecified forms of cyber harassment and traumatization by agents of the Chinese government on account of plaintiffs' political opposition to the Chinese regime. The events giving rise to this complaint occurred in June 2020. Plaintiff Yue Ma admitted herself to an emergency psychiatric facility in Santa Clara County for trauma allegedly induced by the repressive acts of the Chinese government. She was transferred to John Muir Health Behavio...

Excerpt: ...in addition to whatever other costs it may be entitled to. Background and Substance of the Case Plaintiff filed this lawsuit against two residents to compel them to correct a number of what plaintiff said were violations of the HOA rules concerning defendants' unit and common areas. To make a long story short, after some litigation and extensive discussion, plaintiff now acknowledges that defendants have taken all the corrective actions that plai...

Excerpt: ...by Plaintiff Praveen Gupta. For the follow-ng reasons, the Mohon is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 12/07/2023 26 Legal standard lis pendens is recorded by someone asserting a real property claim, to give notice that a lawsuit has been filed which may, if that person prevails, affect title to or possession of the real property described in the no...

Excerpt: ... action. The other, No. C23-01484, is filed as a PAGA-only case, but asserts essentially the same set of violations of the law. In both cases, defendants bring substantially the same motion to compel arbitration, based on an arbitration agreement found in Wynn's employment contract. (See Line 12.) Although the two motons would call for slightly different treatment if they were to be granted, they raise essentially the same issues; the parties' ar...

Excerpt: ...s shall file their first amended general denial by no later than December 15, 2023. Background This case involves a neighbor dispute over the removal of plants along a fence between Plaintiffs' and Defendants' residences. Plaintiffs Shannon Coccimiglio and Nicholas Coccimiglio ("Coccimiglios") filed a complaint for trespass and other relief against James Watt and Kathryn Watt ("Watts") on May 4, 2022. The Watts filed an answer consisting of a gen...

Excerpt: ...ovenant of Good Faith and Fair Dealing; (5) Breach of Fiduciary Duty; (6) Negligence; (7) Negligent Misrepresentation; (8) False Promise; (9) Rescission of Contract; (10) Violation of Bus. & Prof. Code S 17200 et seq.; (11) Quantum Meruit — For Work, Labor and Services; (12) Quantum Meruit— For Money Due on an Open Book Account; and (13) Account Stated. M&S, Inc. demurrers to each of the nine causes of action alleged against it (all except Co...

Excerpt: ...to CCP section 473(b) are granted. Pipia's motion to quash service of the summons and cross complaint is denied. Cross Defendants shall answer the cross-complaint no later than December 15, 2023. 5 Background This is a debt collection case filed by LVNV Funding, LLC (LVNV) against Defendant Mark T. Walker on March 22, 2023. Walker answered on May 2, 2023, at which time Walker also filed a putative class acton cross-complaint against Mandarich Law...

Excerpt: ...rovide such services. After a dispute arose between the Parties, Curia initiated arbitration related to the dispute. Curia ended up prevailing at the arbitration. Curia then moved to have the Court confirm the arbitration award. The instant motion to seal relates to portions of the motion to confirm, along with statements made in documents related to the underlying arbitration, including in the demand for arbitration and the partial final award. ...

Excerpt: ...21. Factual and Procedural Background In August 2022 following shoulder surgery, plaintiff Nancy Lowenstein was admitted to Legacy Post Acute Care, a skilled nursing facility operated by defendant Sycamore Healthcare Associates (hereinafter "Legacy"). Plaintiff alleges Legacy withheld care and failed to prevent her from developing serious pressure sores while in Legacy's care. One sore, located on plaintiff's heel, reached her bone and Achilles t...

Excerpt: ...lings. On or about December 16, 2018 their mother, Dolores Murray, passed away. Plaintiff, Rosemary, and their brother John were all beneficiaries in a trust created by their mother, to which virtually all her property and assets were transferred upon death. Upon Dolores' death, Rosemary became the successor trustee. One of Dolores' primary assets was a house located in San Francisco, which was transferred into the trust. After Rosemary became tr...

Excerpt: ...pany") to perform construction work on her home. She alleges the work was defective. She asserts in a judicial council form complaint two causes of action for negligence and breach of contract against both the Company and Jeffrey Klaus. Defendant Klaus generally demurs to both causes of acton. Standards Governing Demurrer In ruling on the demurrer, the Court must accept as true all well- pled factual allegations of the complaint, but not legal or...

Excerpt: .... Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to be a 2018 Isuzu pickup truck, California License Number 23050M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action against Ryder: (1) Motor Vehicle and (2) General Negligence. On February 26, 2021, a "Doe Amendment" was filed naming BSP Shipping, Inc. and Restaurant Cheetah Group, Inc. as Dæs 26 ...

Excerpt: ...Whittley are the parents of a deceased minor Antoine Whittley (the "Minor"). (Amended Complaint ("FAC') 1.) The FACalleges three causes of action against yft for negligence, negligent hiring, retention or supervision, and wrongful death arising out ofa ride given to the Minor on February 10, 2021. (FAC '1 5.) Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of the...

Excerpt: ...om breach of a vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wntrust") seeks a deficiency judgment after selling the vehicle. Wintrust provides a declaration from its Vice President of Asset Management, with and control of its business records of the subject account, who states that the records show that Defendant Hassan AlJanaby entered into a written motor vehicle lease agreement with Wintrust's assignor for the use of a 2017 Cadi...

Excerpt: ... show SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/01/2023 they are entitled to judgment as a matter of law. As a result, the burden does not shift to plaintiff to provide any admissible evidence that would give rise to a dispute of material fact. Background The complaint alleges that plaintiff Muang Saechao was injured when her vehicle struck the vehicle of def...

Excerpt: ... fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property, including slate stone, wooden steps, two retaining walls,...

Excerpt: ...light). Defendant's motion argues that this suit is a SLAPP (strategic lawsuit against public participation) because (1) defendant's statements / conduct was "in furtherance of [her] right of petition or free speech under the united States Constitution or the California Constitution in connection with a public issue," and because (2) plaintiff cannot establish a probability of prevailing. (Code Civ. Proc., S 425.16 (b)(l).) Specifically, defendan...

Excerpt: ...ration in support of the motion that addresses the requirements of California Rule of Court Rule 3.1324(b). Plaintiffs may, but are not required to, file a response to Defendants' supplemental pleading by December 1, 2023. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/22/2023 This case involves a neighbor dispute over the removal of plants an...

Excerpt: ...ral negligence, and her third cause of action for premises liability. Accordingly, summary judgment is also denied. The trial date previously set in Department 36 is no longer available because that Department is vacant. The trial date and all related dates are vacated, and the case is set for Case Management Conference and trial-setting in Department 12 on December 19, 2023 at 8:30 a.m. l. Background This is a wrongful death action. Plaintiff Re...

Excerpt: ... to file and serve a first amended complaint. In the event that he elects not to amend, FPI is given to January 5, 2024 in which to answer the surviving counts of the complaint. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of aw." (Holiday Matinee, Inc. v. Rambus, Inc. (2Cu) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if alleges ultimate rather than evidentiary facts" (Doe v. City ...

Excerpt: ...ckground On May 31, 2023, Plaintiff filed her Complaint for Breach of Contract, Negligence, Unfair Competition, and Negligent Misrepresentation against Defendant Golden State Inspections, Inc. Plaintiff asserts that she and Defendant entered into a written contract in 2017, whereby Plaintiff paid Defendant to inspect the real property to determine whether any material defects existed or needed further investigation prior to Plaintiff's purchase o...

Excerpt: ...ary 23, 2023 indicates that Defendant Barret Burkett was personally served on February 17, 2023. On March 23, 2023, Plaintiff requested entry of default, which was entered that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 same date. on April 12, 2023, Plaintiff filed a request for court judgment. The prove-up hearing on the motion was scheduled...

Excerpt: ...ek (Sued as Doe 41) ("Defendant" or "Kubitschek")'s Motion to Quash Service of Summons and Complaint ("Motion"). The Motion is opposed by Plaintiff Christopher T. Willis ("Plaintiff' or "Willis"). For the followng reasons, Defendant's Motion is denied. Factual Allegations and Procedural History Plaintiff is the owner of real property located at 113 Canon Drive, Orinda, California. (Willis Decl. 93.) Plaintiff originally purchased the lot in 2010....

Excerpt: ...aintiff's Additional Material Facts in Dispute and Supporting Evidence ("AMF") 1.) Plaintiff hit an "old style" upside down gate pot lid owned by Defendant East Bay Municipal utility District (EBMUD). (AMF 3.) A gate pot lid provides access to gate valves under the street. (AMF 5.) An "old school" or "old style" gate pot lid is a solid metal gate pot lid that cannot be secured in place with a screw as newer utility covers can. (AMF 6, 33.) Plaint...

Excerpt: ...nd defendant Erick Chavez entered into a written joint venture agreement ("JV Agreement") on 26, 2018, pursuant to which defendant was to propose which property to purchase and was to provide plaintiff with a full written analysis of each property that his company to purchase. (Separate Statement of undisputed Material Facts, "SSUMF," Fact Nos. 1-2.) Defendant was to coordinate "including, but not limited to, handling everything except providing ...

Excerpt: ...CIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 briefing on the exhaustion of administrative remedies issues as follows: A. By no later than 2:00 p.m. on November 22, 2023, Plaintiff shall file and serve a supplemental brief addressing the following issues: Issue One: Why the Court should not find that Plaintiffs claims against Chief John Duggan are barred based on Plaintiffs naming Duggan as a defendant in her first amended complaint filed ...

Excerpt: ...(2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K HEARING DATE: 11/13/2023 noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For purposes of ruling on a demurrer, all fa...

Excerpt: ...ble evidence that would give rise to a dispute of material fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property,...

Excerpt: ... amend, and the demurrer to the fourth cause of action is overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the surviving heir and/or dependent" of Dorothy Marshall, the decedent, "and/or as personal representative and successor in interest" of Dorothy Marshall. (FAC 2.) Plaintiff filed her original complaint on December 23, 2021. The FAC alleges three causes of action for professional medical negligence (1st...

Excerpt: ...ysis This action was filed on July 18, 2022. Default was entered against Defendants on November 17, 2022. CCP S473(b) Defendants seek relief under the mandatory provisions of CCP S 473(b). Applications under CCP S473(b) must "be made within a reasonable time, in no case exceeding six SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/13/2023 months, after the judgment...

Excerpt: ...e returned by the post offce. Follow up resulted in 12 new addresses, leaving 5 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates a number of addiction treatment clinics. Plaintiff was employed there as a nonexempt employee. The original complaint was filed on June 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement will crea...

Excerpt: ...rmanent injunction. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/09/2023 5 Defendants demur to all Plaintiffs' causes of action for pursuant to Code of Civil Procedure S 430.10(e) on several grounds. For the follow-ng reasons, the Demurrer is overruled. Defendants are given to December 8 in which to file and serve their answer. Legal Standard "The function of a dem...

Excerpt: ...er is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2W4) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2W7) 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 [thel defendant with the n...

Excerpt: ...2(d).) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/08/2023 For the following reasons, the MS] is granted. Factual Background The Complaint alleges that Plaintiff was injured on December 19, 2019 due to a traffic accident that occurred in Antic„ch, California. Defendant Michelle Palacios is alleged to have been driving the car owned by Defendant Alex...

Excerpt: ...judgment of Claim One as to defendant Cen Cal Insurance Services, LLC, denied; motion for summary adjudication of Issue One as to Cen Cal Insurance Services, LLC is granted; motion for summary judgment of Claim Two and moton for summary adjudication of Issues Two and Three as to defendant Zuman Acquisition, LLC are denied. Background Plaintiff Plaza San Ramon LLC ("Lessor" or "Plaza") is the lessor of commercial real property in San Ramon by an a...

Excerpt: ...er 20, 2023. I. Factual Background Plaintiffs, Rani Devi and Ritesh Kamal, allege they checked in at Extended Stay America, a hotel owned and operated by defendants, on or about September 13, 2020, and on or about September 14, they began experiencing an itching sensation. (Complaint, "5- 7, 15-16.) Plaintiff Devi soon began to develop a rash which they later discovered was due to a bedbug infestation in their hotel room, which plaintiffs reporte...

Excerpt: ...nt to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend as to the causes of action for motor vehicle negligence and products liability and without leave to amend as to the cause of action for general negligence. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (20...

Excerpt: ...rack" based on the conservatorship filings submitted by Plaintiff) alleges a single cause of action for negligent hiring, training, and supervision against Monte Nido, a residential care facility. (FAC 2.) Plaintiff was diagnosed with bi-polar disorder and bulimia and was admitted to Monte Nido on June 21, 2021 for further treatment of her condition. (FAC "1 6, 7.) She alleges Monte Nido was provided a "clinical packet" including information abou...

Excerpt: ...Procedure S 391 et seq. Plaintiff opposes the motion. For the following reasons, the motion is granted with respect to declaring Plaintiff a vexatious litgant. Defendant's request that Plaintiff post a security is also granted. Plaintiff is to post a security of $11,000. This matter is stayed pending payment ofthe security or "until 10 days after the required security has been furnished and the moving defendant given written notice thereof." (Cal...

Excerpt: ...evard exit in Walnut Creek, California. Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/06/2023 be a 2018 Isuzu pickup truck, California License Number 23060M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action agains...