Excerpt: ...ifth Amendment rights are implicated.  The interest of the plaintiff in proceeding expeditiously with the litigation.  The burden which any particular aspect of the proceedings may impose on defendants.  The convenience of the court in the management of its cases, and the efficient use of judicial resources.  The interests of persons not parties to the civil litigation.  The interest of the public in the pending civil and criminal ...

Excerpt: ...vely, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the Park District for (4) nuisance, (5) withdrawal of lateral support, (6) inverse condemnation, and (7) dangerous condition of public property. For the following reasons, the Park District's MSJ is denied. General Factual and Procedural Background In light of the discrepancy between the Defendant's Separate Statement in support of their motion ...

Excerpt: ...nts were evicted and vacated the property shortly before Ronald Scott was injured at the property, allegedly as a result of a dangerous condition left by Defendants. Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate and he later died from his injuries. Plaintiff Republic Indemnity Company of America provided workers' compensation insurances to Scott's employer. Demurrer Defendants Michael Seals and All Custom Mobile...

Excerpt: ...ed the property in 2014, marketed it, and secured buyers, Michael and Dina DiVincent. The DiVincents made at least one offer to defendant on terms that explicitly included the property's solar system. However, since the DiVincents needed seller financing, which defendant could not provide, defendant transferred the property to Mr. McMullen in order to make the sale. (SAC, ¶¶5‐6.) Incident to that transaction, on January 6, 2015, defendant sen...

Excerpt: ...ow truck. His employer having been hired by property owner, defendant Gray 1 Forest Green, LLC, to tow away a cargo container as part of a nuisance abatement project, plaintiff and his truck were “commandeered” by officers from the City of Richmond to perform additional tasks while there. The officers told plaintiff he could use the wench and tow straps on the tow truck to pull down a shed structure. After pulling down the shed led to his bei...

Excerpt: ...nd This is a continued hearing on defendant Kress's motion to consolidate this Civil Action with the Trust Case. By its ruling of September 24, 2021, the Court requested supplemental briefing from both parties regarding several issues. The terms Civil Case, Trust Case, and Probate Case are used as defined in the Court's September 24, 2021 ruling. The background facts relating to those cases as they pertain to the motion to consolidate are general...

Excerpt: ...action for declaratory relief and for a writ of mandate between different governmental entities concerning the provision of advanced life support (“ALS”) prehospital emergency medical services (“EMS”). Plaintiffs are a rural fire district, a city, and those two entities' joint powers entity (“JPA,” referring either to Joint Powers Authority or Joint Powers Agreement as the context requires (see Gov't C. § 6500)); and defendants, a co...

Excerpt: ...randum list each item that Defendants want stricken. Although not compliant with the Rules of Court, sufficient notice was given to Plaintiff. In the future, however, Defendants shall comply with the Rules of Court. On the merits, Defendants argue that Plaintiff went beyond the Court's previous ruling on Kong's demurrer when it amended the complaint. In amending the complaint, Plaintiff added a new theory that Kong gave Martin $100,000 and this m...

Excerpt: ...C/A (breach of fiduciary duty), 10th C/A (unfair business practices under Business and Professions Code § 17200 ("UCL")), 11th C/A (accounting), and 13th C/A (conversion and trespass). Plaintiffs state they intend to voluntarily dismiss the 8th C/A for breach of fiduciary duty and 11th C/A for accounting. (Opp. p. 2, ll. 19‐20.) Based on Plaintiffs' representation and the lack of substantive opposition to the demurrers to those causes of actio...

Excerpt: ... action are sustained, with leave to amend in accordance with this ruling. Factual Background Plaintiff Vyacheslav Viner ("Slava") alleges his doctor defendant Ramon Beguer, M.D. committed professional practice in performing Slava's hernia surgery and his treatment. Plaintiff alleges the Contra Costa Regional Medical Center ("medical center") is vicariously liable for Dr. Beguer's negligence as his employer. The County is appearing on behalf of t...

Excerpt: ...ebruary 27, 2018. Plaintiff's evidence fails to raise any triable issue of material fact. Accordingly, the motion is granted. Background This is a fraud case arising from plaintiff's relatives forging her signature to obtain life insurance proceeds. The forged signature was notarized by Meurer on February 27, 2012. The life insurance proceeds were paid on March 29, 2012. Plaintiff learned about the forgery when she received a 1099 form related to...

Excerpt: ...(Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Plaintiff has met its burden on summary judgment by showing that it has evidence to meet all elements of its common count claims. “An ac...

Excerpt: ...l arbitration relying on the arbitration clause in the contract between Plaintiffs and the seller. Plaintiffs' objection to Defendant's exhibit 2 is sustained. Defendant's attorney has not provided a foundation for authenticating the sales contract. However, the objection does not change the outcome here as a party seeking to compel arbitration need only provide the terms of the arbitration agreement in compliance with California Rules of Court, ...

Excerpt: ... the court's ruling on the last demurrer. In addition, plaintiff appears to have added at least one allegation of an injury specific to Fresenius: “a severe and infected wound at [decedent's] dialysis port.” (SAC, ¶ 38 a.) However, Fresenius has raised concerns that the Second Amended Complaint is still really just a form complaint, borrowed from complaints dealing with entirely different kinds of heath care facilities. In this connection, t...

Excerpt: ...and impermissibly vague. (FAC, ¶ 18.) In any further amended complaint, plaintiffs shall allege separately numbered causes of action for each contract at issue, shall specify whether each contract was oral or written, and shall attach copies of any writings evidencing each written contract as properly tabbed exhibits. (See Cal. Rules of Court, rule 3.1110, subd. (f).) Further, plaintiffs shall allege facts supporting their theory that NYLife can...

Excerpt: ...sed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural Posture Plainti...

Excerpt: ... filed by Petitioners AFSCME Local 2703, Merced County Sheriff's Employees Association (an affiliate of Teamsters Local 856), Mary McWatters, and Jeffrey Miller; and (4) a motion to enter a stipulated judgment filed in the Contra Costa County ERA case by Ken Westermann, Sean Fawell, the Contra Costa County Deputy Sheriff's Association, and the United Professional Fire Fighters of Contra Costa County, Local 1230. On September 11, 2020, the First D...

Excerpt: ...ls 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. A. Terms of the Settlement. BP will use its “best efforts to provide written notice to its ARCO‐branded dealers and operators of stations” in 43 specified northern California counties that “any gift certificate with a cash value of less than ten dollars is redeemable in cash for its cas...

Excerpt: ... B. Gilbert and Judy B. Gilbert Trust Dated January 28, 1999 ("Gilberts" or "Moving Parties"). In its September 30, 2021 tentative ruling, the Court requested supplemental briefing from the parties on certain issues. The Gilberts, East Bay Municipal Utility District ("EBMUD"), Nick Lawrence, Trustee of the 911 Trust, and Barbara Sorenson ("Lawrence/Sorenson"), and the Bennetts filed supplemental memoranda, and Defendants and Cross‐Complainants ...

Excerpt: ...488 (“Tech‐Bilt”). Background On August 22, 2019, while driving on Highway 80, plaintiff was rear ended by defendant Garcia, who was, in turn, rear ended by defendant Cilirino Llanto Angulo. It appears that defendant Angulo was working for 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 medica...

Excerpt: ...esides or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlord‐tenant habitability case. The parties have reached an impasse in settlement negotiations. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and Bedbug Addendum to the leases. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/21/21 ‐ 2 ‐ Plaintiffs fil...

Excerpt: ..., Civil Code § 1790 et seq. ("Song‐Beverly Act") based on Hyundai's breach of its express warranties and implied warranties. Plaintiff alleges she purchased a 2016 Hyundai Tucson that is defective. Plaintiff alleges that "[u]pon [her] purchase of the Subject Vehicle Defendant HYUNDAI issued an express warranty to Plaintiff, which Defendant undertook to preserve or maintain the utility or performance of the vehicle." (2AC ¶ 11.) She further al...

Excerpt: ...een completed, and the Court now tentatively rules on the MSJ. By way of a brief introduction, this cases arises from Moran's tenure as the Director of Tennis at the Club. Moran succeeded Sue Leo, who had been the Club's longtime Director of Tennis. It is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 12 ‐ undisputed that in late 2017, Leo decided to retire from the Director position. Leo did not, how...

Excerpt: ...nd was then terminated from her position at the company. Defendant moves for summary judgment or alternatively summary adjudication of the following causes of action: (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of FEHA, (3) FEHA discrimination, (5) failure to prevent discrimination CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 4 ‐ and harassment, and ...

Excerpt: ...in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The Moving Parties contend Janice Alamillo is wrongfully interfering with the sale of the Property to a third party that was scheduled to close on September 20, 2021. Moving ...