Excerpt: ... and the preliminary injunction issued April 23, 2019 shall be dissolved. Factual Background U.S. Bank is the holder of a deed of trust recorded in 2007 encumbering the residential real property located at 2354 Alameda Diablo in Diablo (the " Property"). Mojdeh Salehomoum sued her former partner Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income...

Excerpt: ...ing and retention and (2) general negligence against Defendant Brian Goldman, MD, a Medical Corporation (“Goldman Inc.”). For the following reasons, Hanover's MSJ is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/02/21 ‐ 2 ‐ At the outset, the Court also notes several defects with respect to Plaintiffs' opposition papers. First, the opposition exceeds the 20 page limit of Rule 3.1113(d) without l...

Excerpt: ...: (1) its First Cause of Action, for Inverse Condemnation, is valid; (2) its Fifth Cause of Action, for statutory violations is valid; and (3) San Francisco's Eighteenth Affirmative Defense, under section 831.25 of the California Government Code, is invalid. The motion is denied as to all three issues. Triable issues of fact exist whether the portion of the Arroyo that San Francisco owns is part of a public improvement and substantially caused da...

Excerpt: ...an alleging only a claim for failure to provide suitable seating. On May 15, 2019, Clark filed a class action alleging various violations of wage and hour requirements, as well as a suitable seating claim. On January 3, 2020, Clark filed a First Amended complaint also adding a PAGA claim. That matter was removed to federal Court, a Second amended Complaint was filed, and the case was remanded to this court. The two cases were consolidated, by sti...

Excerpt: ...alue of less than $10 for cash, in violation of the “Gift Card Act,” specifically Civil Code section 1749.5(b)(2), and other authorities. BP sells gift cards redeemable at Arco gas stations in California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. The gift card program is not operated by BP, but by Tesoro Refining & Marketing Company LLC. A. Terms of the Settlement. BP will use its “best ef...

Excerpt: ...�� among other things. A. Background Of course, the parties are familiar with the claims raised in the case, but the relevant facts warrant restating. Petitioners own a large tract in the Bollinger Canyon area of Moraga, which they have sought to develop with housing for decades. This effort was hampered by the fact that the Town's General Plan identified the property as a “study area,” as opposed to a more specific designation, e.g., housing...

Excerpt: ...ethod reasonably calculated to ensure nextday delivery. Exercising its discretion, the court will consider it anyway. However, plaintiff needs to take care in the future to ensure that he complies with CCP § 1005 (c). Background The court reviewed this matter in its order on the demurrer to the original complaint. That ruling is incorporated herein. In summary, this case involves a dispute between Lawrence Ford, the husband of the decedent, Kath...

Excerpt: ... does not state facts sufficient to constitute a cause of action; or the pleading is uncertain or ambiguous. (Code Civ. Proc., § 430.10, subds. (d‐f). The trial court is required to assume the truth of the allegations. Quelimane Company, Inc. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. A demurrer for uncertainty lies when “the pleading is so incomprehensible that a defendant cannot reasonably respond.” Lickiss v. Financial Indu...

Excerpt: ... demurrer is sustained without leave to amend as to the Fifth and Sixth Causes of Action. As to the Seventh and Eighth Causes of Action, the demurrer is overruled. Plaintiff shall file and serve any amended complaint on or before December 23, 2021. Background Plaintiff RisoftDev Inc. alleges this is a case of breach of a fundraising contract and conspiracy to divert corporate opportunities, as well as theft of confidential proprietary and trade s...

Excerpt: ...ehalf of themselves and as proposed class representatives alleging violations of the Industrial Welfare Commission ("IWC") Wage Order No. 1‐2001, the California Labor Code, and the Unfair Competition Law, Business & Professions Code § 17200 ("UCL"), and a fifth cause of action for civil penalties under Labor Code §§ 2698, et seq., the Private Attorney General Act ("PAGA"). Defendant MRC's general demurrer challenges only the fifth cause of a...

Excerpt: ...1.4; 9 U.S.C. § 3.) Principal and Pershing request arbitration of this dispute as to them based on agreements that decedent Katherine Hill‐Ford (“Hill”) signed when she established four brokerage or IRA accounts as to which plaintiff, Ford, claims an interest as her spouse and based on commingled assets. The Agreement pertaining to Principal contains a provision that all controversies concerning “my account . . . or the . . . performance...

Excerpt: ...ri Law, LLP and Law Offices of Matthew M. Oliveri for (1) professional negligence (legal malpractice), (2) breach of contract, (3) breach of fiduciary duty and (4) intentional infliction of emotional distress. Cross‐Defendants demurred to each cause of action. The Court overruled the demurrer to the breach of contract claim and otherwise sustained the demurrer. Seddick then filed a first amended cross‐complaint for (1) breach of oral contract...

Excerpt: ...to amend. (CCP § 430.10 (e).) It is sustained as to BCI with leave to amend regarding the First, Second, Third, and Fourth Causes of Action and sustained without leave to amend as to the Fifth, Sixth, Seventh, and Eighth Causes of Action. (CCP § 430.10 (e).) Nothing in this ruling bars Smith from asserting affirmative defenses in his Answer to the Complaint. (See Opening Brief at 8:7‐10.) Leave to amend is limited. Smith may not amend to alle...

Excerpt: ...—an obligation plaintiffs claim defendant has breached. The motion is denied. There are, at a minimum, factual disputes as to whether all conditions to performance have been satisfied. Background Luigi and Elena Gallo are the owners of servient tenement, 51 Hidden Hills Place ("the Gallo Property") in Danville, California. (Separate Statement of Undisputed Material Facts in Support of Motion, hereinafter “SSUMF,” No. 1, and response.) Joshu...

Excerpt: ...r (1) violation of Civ. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) negligence; (4) wrongful foreclosure; (5) interpleader pursuant to Code Civ. Proc § 386, Civ. Code §§ 2924j, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/01/21 ‐ 13 ‐ 2924k; (6) unfair business practices (violation of Bus. & Prof. Code § 17200); and (7) cancellation of written instruments (Civ. Code § 3412). Defendant...

Excerpt: ... the VP of Facility Services. (Compl. ¶ 6.) He alleges he made two complaints to StoragePro in March 2020 contending that the company was not undertaking proper COVID‐19 precautions, including failing to provide personal protective equipment for company employees. (Compl. ¶ 8.) He also complained to the company because it was allegedly performing work as an unlicensed contractor. (Compl. ¶ 9.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...

Excerpt: ... Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest entirely in EBO. Sirott and Robles had the other 50%. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. After the Second Amended Complaint was filed, the Subject Property was sold in September 2019 to a third party. Prior to...

Excerpt: ...ns set forth, the motion is granted. If this tentative ruling is timely contested, each side will be allowed 10 minutes to argue the matter. Factual Background Plaintiff Christopher Owens alleges that he was injured driving a cement truck at a construction site. The Moving Parties assert that Villages is the owner of the property under development where the accident happened. (Villages/Discovery Separate Statement of Undisputed Material Facts ("D...

Excerpt: ...t aside the default, which was rejected by the Court. (Chan decl. ¶5.) Later, Martinni Inc. dba Harmony Beauty Spa filed an answer. Plaintiff was then successful in striking that answer since Harmony Beauty Spa was in default at the time the answer was filed. Defendant has now filed a motion to set aside the default. This motion is somewhat unusual and requires a two‐step analysis on the default issue. First, the Court must decide if, under it...

Excerpt: ...personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate "'traditional notions of fair play and substantial justice.'" (International Shoe Co. v. Washington (1945) 326 U.S. 310, 316 . . .) (Vons Companies, I...

Excerpt: ...uring the COVID pandemic. It did not allege the variety of other claims often found in PAGA cases. On June 28, 2021, a First Amended Complaint was filed, alleging a class CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 11/18/21 ‐ 17 ‐ action raising similar claims. (During the time in question, reimbursements were made, but issues remain concerning the amount and interest on delayed payments.) The settlement woul...

Excerpt: ...claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways. The settlement would create a gross settlement fund of $750,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $250,000 (33 1/3% of the settlement). Litigation costs would not exceed $25,000. The settlement administrator (Simpluris) would cap its costs at...

Excerpt: ... the duty to pay the costs, or in the alternative, an extension of time. Background A short chronology of the case may be helpful. On April 26, 2017, Respondent certified an Environmental Impact Report under CEQA for the demolition of the old county jail, located in downtown Martinez. The project was related to a number of activities that composed the County's Civic Center revitalization project. Although the EIR was certified, the County did not...

Excerpt: ...nson brings this action on behalf of himself, the State of California, and other current and former employees who worked for Defendants, Equity Residential Services, LLC, Equity Residential Services II, LLC, and Equity Residential Management LLC. Plaintiff was as an hourly paid, non‐exempt Leasing Consultant from approximately August 2016 through August 16, 2018. Plaintiff allege various Labor Code violations, except reporting time violations. ...

Excerpt: ...the time of the alleged wrongful conduct. The MJoP next contends that the CLRA claim fails because the relevant product is an intangible financial product, and so the CLRA does not apply. Finally, the MJoP says that the 17200 claim fails because no actionable conduct has been alleged. Williams opposes each of these contentions. Before addressing the merits of the MJoP, the Court first rules on the request for judicial notice that is before it in ...