Excerpt: ...dence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) “A preliminary injunction is proper only if there is a substantial basis to suppose that the defendant, if not restrained, will actually engage in the conduct sought to be enjoined.” (Ep...

Excerpt: ...ank Trust National Association (“U.S. Bank”) (collectively, “Defendants”). Plaintiffs' motion to consolidate is denied. However, the unlawful detainer action is hereby stayed, subject to the conditions set forth below. Analysis Consolidation 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 ...

Excerpt: ...nants Thomas Milway and Megan Hansen sued Cross‐Defendants Charles and Sherry Wilcoxsons for declaratory relief (cause of action one) and quiet title (cause of action three). The remaining causes of action included in the second amended cross‐ complaint were brought against Henry and Anne Bailey and those claims have been ordered to arbitration. The notice of motion lists seven issues for summary adjudication. The issues include: 1) Cross‐C...

Excerpt: ...misrepresentation, as stated in plaintiff's Fifth Amended Complaint (“5AC”), filed on June 28, 2021. Defendants' MJOP is granted without leave to amend. Plaintiff still has two surviving causes of action, and the parties should be prepared to set a trial date at the next Case Management Conference on January 28, 2022. The Court previously granted defendants' MJOP as to the fraud and negligent misrepresentation causes of action in the Fourth A...

Excerpt: ...gment of dismissal, separate from any formal order on the demurrer, and shall submit that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/29/21 ‐ 18 ‐ proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. HAMP. Plaintiff's claims depend primarily on the legal conclusions alleged in paragraph 17 of the First Amended Complaint. Plaintiff here alleges that defe...

Excerpt: ...l determination in this action, Thomas K. Butt, as well as anyone acting on his behalf, shall not continue to post or otherwise disclose the City's confidential attorney‐client emails, or parts thereof, to any unauthorized person, without first obtaining a waiver by City Council. This includes, but is not limited to that material originally divulged on www.tombutt.com on November 5th and 16th, 2021. A proposed order in accordance with this tent...

Excerpt: ...mily estate. The family intended the sizeable fortune, amassed during the lives of Robert C. and Lois Braddock, to go to charities upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which could exceed $100M, the Braddock trust developed a two‐step plan to assure the estate passed to the charities. The first step was approval of certain trust modifications by the probate court. The second s...

Excerpt: ...endants”), who oppose the motion. Cross‐defendants argue Reid has added material that expands the scope of what was previously alleged. They argue that the amended pleading raises new claims such as the deprivation of support for Reid's property. They further take issue with Reid's declaration, arguing it does not comply with California Rules of Court, rule 3.1324(b), which requires declarations in support of amending a pleading to include an...

Excerpt: ...ackground CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/23/21 ‐ 12 ‐ The FAC alleges that Robert J. Mann, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused dam...

Excerpt: ...as entered at a time when Zenaida Gantan was incompetent and did not have the capacity to act on her own behalf, and that an injustice has occurred as a result. For the following reasons, the motion is granted. Request for Judicial Notice Defendant Zenaida Gantan requests judicial notice of several documents from Contra Costa Superior Court case no. P21‐01359. The unopposed Request is granted. (Cal. Evid. Code §§ 452, 453.) Plaintiff Kamilee ...

Excerpt: ...Mary Moore, as Individuals and Successors‐in‐Interest to the estate of Jasmine Nash (“Plaintiffs”)'s Complaint. Defendant AMR was substituted for Doe 1. The Complaint, as it relates to AMR pleads causes of action: 1) Wrongful Death, 2) Survival Action Based on Negligence. Defendant demurs on the grounds that Plaintiff has not stated a claim for gross negligence as required by governing statute CA HLTH & S § 1799.106(a). As set forth belo...

Excerpt: ...��). Preliminary Matters Judicial Notice Supporting the motion to strike, Defendants ask the Court to take judicial notice of the 2AC. The RFJN is denied as superfluous. The pleading that is the subject of the instant motion is, quite naturally, before the Court in connection with these proceedings, and so the Court need not take judicial notice of it. However, when a motion attacks a specific pleading, courtesy copies of the relevant pleading ar...

Excerpt: ...use each are barred by a 3‐year statute of limitation, (3) all allegations that Defendant was unlicensed because Defendant asserts it's not a material allegation and Plaintiff has not claimed specific damages from it, so the allegations are irrelevant (MTS, 6:1‐11), and (4) Plaintiff's entire Second Cause of Action for Rescission because Defendant asserts it is not a legitimate cause of action and is otherwise time‐barred. The Court hereby ...

Excerpt: .... B. There Are No Pleadings That Would Allow The Court To Evaluate The Potential “Merits” Of Plaintiff's Claims Against Baypick. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 14 ‐ The second ground for denying plaintiff's motion requires more elaboration. The stated purpose of the previously issued preliminary injunction was to allow plaintiff an opportunity to get this case at issue, so that the...

Excerpt: ...August 1, 2018, defendants, who speak Tagalog, posted a housing advertisement for a studio on Craigslist. It stated the studio would be perfect for a "pinay or pinoy." Plaintiff responded, but did not ultimately become a tenant. Plaintiff filed a discrimination complaint CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 7 ‐ against defendants with the Department of Employment and Fair Housing ("DEFH"). I...

Excerpt: ...denied in part, and granted in part, with leave to amend, as detailed in the ruling below. Legal Standards Applicable to Motion to Strike The Court may strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Defendants' motion is made on the ground the allegations they seek to strike "request[] relief not s...

Excerpt: ...iduciary duty; (3) negligence; (4) breach of implied covenant of good faith and fair dealing; (5) continuing nuisance; (6) continuing trespass; and (7) declaratory relief. Defendant seeks to strike paragraphs 76, 103, 113 of the Complaint and paragraphs 7‐9 of the prayer for relief. Specifically, Defendant seeks to strike the Plaintiffs' request for injunctive relief and prayer for punitive damages. The motion is denied‐in‐part and granted�...

Excerpt: ...ulation and was added as ZOE 7 by a DOE amendment on August 27, 2021. (American National will be referred to as Coast.) Coast was served with the summons and cross‐ complaint on September 14, 2021. Coast now seeks to dismiss the cross‐complaint against it pursuant to Code of Civil Procedure section 583.420(a)(1) based on the failure to serve it with the summons and complaint within two years. Branagh's opposition was filed late. California Ru...

Excerpt: ...wer on or before December 27, 2021. Background On July 12, 2018, plaintiffs filed a complaint against Danville for damages due to alleged contamination (trespass) on and in the vicinity of plaintiffs' property. The substances complained of are hazardous, implicating various federal statutes aimed at pollution control. On September 7, 2018, Danville cross complained against several cross‐ defendants including the Estates, setting forth 13 causes...

Excerpt: ...g Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/16/21 ‐ 7 ‐ se...

Excerpt: ...it doubted plaintiff could successfully amend, but it granted leave to amend one more time. The court incorporates that ruling by this reference and therefore abbreviates its discussion here. Plaintiff fell on August 15, 2018, while exiting the San Pablo Library, suffering various injuries, including a fracture to her right ankle that required surgery. The Library is operated by Contra Costa County, but its building and grounds are controlled by ...

Excerpt: ...ller, an attorney, was negligent in his representation of Vannucchi in a separate unlawful detainer proceeding. Preliminary Matters Judicial Notice Supporting the demurrer, Miller asks the Court to take judicial notice of several matters: (1) the unlawful detainer complaint in case number MS19‐0812; (2) title search records related to Vannucchi's former residence; (3) a proof of service purporting to show the various notices given related to th...

Excerpt: ...y 6, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 19 ‐ Edwin Tiu and Fire Wings Concord sued Fire Wings International, LLC, Long Trinh, and Susan Trinh for terminating a franchise agreement. Fire Wings International filed a crosscomplaint against Edwin Tiu and Fire Wings Concord for (1) intentional interference with prospective economic relations (against Tiu), (2) negligent interference with ...

Excerpt: ...1) Dangerous Condition of Public Property, 2) Violation of Gov. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 10 ‐ Code §815, §820, and §835. Defendant also has moved to strike all claims against it except for the claim for dangerous condition of public property pursuant to Gov. Code §835. Defendant also asks the court to take judicial notice of the City's Crosswalk Policy (Ex. A). As set forth b...

Excerpt: .... Feng (in his official capacity as Presiding Judge of the Superior Court), and T. Michael Yuen (in his official capacity as Chief Executive Officer of the San Francisco Superior Court), have violated relevant provisions of the Penal Code by failing to provide necessary priority to the conduct of criminal trials. In general, Petitioners allege that that there is a “humanitarian crisis in San Francisco's criminal legal system.” More specifical...