Excerpt: ...rred is overruled as to the First Cause of Action for Contractual Indemnity and Third Cause of Action for Declaratory Relief. Cross‐Complainant shall file and serve the amended complaint on or before October 7, 2021. Background Plaintiffs Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brought this action to hold Armanino LLP and its employee Gunther Hofmann re...

Excerpt: ...ber 29, 2021. Background The court grants Dr. Ross' Request for Judicial Notice to this extent: it takes judicial notice of the existence, contents, and date of the Coroner's Autopsy Report. The court does not take judicial notice of the cause of death stated in the Autopsy Report based on the very authority that Dr. Ross cites, People v. Castillo (2010) 49 Cal.4th 145, 157 (although courts may CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEP...

Excerpt: ...ruled; and (c) the general demurrers to the fifth and ninth causes of action are sustained, with leave to amend. Complaint Allegations Defendant David Born is a former employee of Plaintiff Brighton Jones, LLC, a financial management firm. (Compl. ¶¶ 2, 12.) While Born was employed by Brighton, he formed his own competing financial management company, defendant Private Financial Management, LLC ("PFM"), accessed confidential, proprietary and tr...

Excerpt: ... DATE: 09/15/21 ‐ 3 ‐ California around the time of their wedding in 2018 was a loan, not a gift. Defendants filed their Answer on November 19, 2019, but filed no cross‐complaint against plaintiff then. Now, however, more than a year and a half later, and seven months before their February 2022 trial date, they ask leave to file a late, compulsory cross‐complaint. The proposed Cross‐ Complaint alleges that Elizabeth's husband and Ryan's...

Excerpt: ...25 Kingsley Drive in Pittsburg. Plaintiffs allege that throughout the tenancy, there were several substantial habitability defects in the subject premises, including a rodent infestation and defective plumbing. Defendants Terrance Thompson, Donna Thompson, and Antoinette Thompson owned, controlled and/or managed the unit. Plaintiffs allege a number of causes of action, including breach of the implied warranty of habitability, breach of quiet enjo...

Excerpt: ...go Allegations Against Him. The cases cited by plaintiffs do not support the proposition that plaintiffs can amend a judgment against one defendant to add an existing co‐defendant who would otherwise have a right to trial. (See, e.g., NEC Electronics Inc. v. Hurt (1989) 208 Cal.App.3d 772, 775 [“[n]either Finelli nor Hurt, the sole shareholder and chief executive officer of Ph, was named as a party or served in his individual capacity”]; Ja...

Excerpt: ... Civil Procedure § 877.6 and the factors set forth in Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. Background Plaintiff was approximately four years old when she suffered second and third degree burns entering a bathtub with scalding hot water in her apartment. Defendant Ramona Apartment Investors, LLC ("Owner") is the owner of the apartment building; defendant The Grupe Company dba Grupe Management Company ("Manager"...

Excerpt: ...09/21 ‐ 2 ‐ Background Defendant / cross‐complainant, Jennifer "Jenny" Ying Lin Lu, and plaintiff / crossdefendant, Michael Murphy, were engaged to be married. (FACC, ¶1.) In September 2017, parties were ending their engagement and accordingly, entered into an agreement. (Ibid.) The agreement is three pages long and is attached as Exhibit A to Murphy's verified complaint and as Exhibit 1 to Lu's original cross‐complaint (Exhibits C and B...

Excerpt: ...ust enrichment causes of action based on the failure to state facts sufficient to constitute a cause of action. (Code of Civil Procedure § 430.10(e).) Defendant demurs to the breach of contract claim for the failure to allege if the contract is oral or written (Code of Civil Procedure § 430.10(g) and for uncertainty (Code of Civil Procedure § 430.10(f)). Consumer Legal Remedies Act (cause of action three) Defendant argues that the complaint do...

Excerpt: ...o request leave to amend she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed amendment will solve the problems. Background Plaintiff is the mother of the decedent, Steven Armstrong. She files suit for wrongful death against the CHP and others, following Armstrong's death while walking along Highway 4. The basis for the claim against the CHP is that its officers twice encountered Armstrong ...

Excerpt: ...forth, the motion to compel arbitration by the Hassen Defendants joined in by the Ogando Defendants is granted, the clause of the third paragraph of the arbitration agreement stating "AND THEIR RIGHT TO CONDUCT DISCOVERY (EXCEPT AS THE ARBITRATOR MAY PERMIT)" is severed and stricken, and this action is stayed pending completion of the arbitration proceedings. Factual Background Plaintiff Larry Stidham, through his attorney in fact Mary Stidham‐...

Excerpt: ...portation services in the coastal and harbor San Francisco Bay and the Pacific Northwest Puget Sound region. This is a class action suit. Plaintiffs seek to represent a proposed class composed of and defined as: All employees who worked one or more shifts as a boat captain, junior captain, or crew member on a sea bearing vessel for Starlight Marine Services, Inc. in the State of California since (4) years prior to the filing of this action to the...

Excerpt: ...d on the Court's ruling on the demurrers, the motion to strike is denied as moot. Background and Plaintiff's Claims Plaintiff Francis Clay was a tenant at a property owned or under the control of the Richmond Housing Authority ("RHA"). In December 2018, RHA began eviction proceedings against Mr. Clay for non‐payment of rent in Richmond Housing Authority v. Francis Clay, Case No. RS19‐ 0017 (the "Unlawful Detainer Action"). (RJN Exh. 1.) The p...

Excerpt: ...ross‐defendant Johnson commenced suit against defendant and crosscomplainant John Kenny seeking partition of a condominium unit located in Concord (the "Property") and an accounting. Kenny answered and cross‐complained against Johnson, asserting claims for quiet title and adverse possession of the Property. On June 15, 2020, the Court held a case management conference at which counsel for both parties appeared. (6/15/2020 Min.) Trial was set ...

Excerpt: ...tiff's injury. Defendant's evidence shows that Behymer treated Plaintiff on May 10, July 31 and August 9, 2019. (Behymer decl. ¶¶7‐9.) During the May 10 visit, Behymer did not see any signs that Plaintiff was experiencing pain and Plaintiff told Behymer that he felt relief after the visit. (Behymer decl. ¶7.) Defendant's evidence also shows that during the first visit, Plaintiff had been complaining of neck pain seven years. (Behymer decl. �...

Excerpt: ...ffs Michelle Barker and Stuart Barker are the owners of real property located at 59A Saddle Road in Walnut Creek. Defendants James Willson and Monique Willson are the owners of real property located at 59 Saddle Road. The Barker Property and Willson Property CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 09/03/21 ‐ 7 ‐ share a driveway and property line at the Willson Property's southern border. There were two e...

Excerpt: ...portions of Plaintiff's First Amended Complaint are stricken: paragraph (f), page 15, ll. 14‐17 ("Punitive damages for Bay Area Property Services/Two Worlds Pleasant Hill Gregory Lane Owners' Association's breach of fiduciary duty, and failure to provide proper care, upkeep, replacement, and improvement, according to proof"). Factual Background The FAC alleges that Robert J. Mann, now deceased, lived in a condominium unit managed by the Propert...

Excerpt: ...e recovery of money or damages is demanded, the amount demanded shall be stated.” “[T]he specific dollar amount is necessary only when a default judgment is to be entered. The purpose of such a requirement is to ensure that the defendant is sufficiently aware of the consequences of not answering the complaint. [Citation.] However, ‘in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint...

Excerpt: ...ning") at its Martinez facility. (Proposed FAC ¶¶ 11, 12.) They filed this action on behalf of themselves and as proposed class representatives alleging violations of the IWC Wage Order No. 1‐2001, the California Labor Code, and the Unfair Competition Law, Business & Professions Code § 17200 ("UCL"). They are also the plaintiffs in a related action previously filed in this Court against another refining company, Equilon Enterprises LLC. That...

Excerpt: ...eeding must be completed and the award rendered.” (Bosworth v. Whitmore (2006) 135 Cal.App.4th 536, 550.) Plaintiffs raise two threshold issues. First, they assert that defendant must move to lift the stay before it can file the motion. Section 1283.8 allows the time for the award to be fixed “within such time as the court orders on petition of a party to the arbitration.” This does not expressly require that the stay be lifted in order to ...

Excerpt: ... Gutierrez action, Dennis Gutierrez v. Homegoods, Inc., et al, San Bernardino County Superior Court, Case No. CIV‐DS‐2017556, is finally resolved (by judgment, settlement, or otherwise), or until lifted by court order. The present order is expressly made without prejudice to any intervention / coordination motion / petition that plaintiff may bring in the Gutierrez case. The basis for this ruling is as follows. Background In this PAGA case, p...

Excerpt: ...o the requirements of Corporations Code § 17709.02. This section also provides, "Any member who does not meet these requirements may nevertheless be allowed in the discretion of the court to maintain the action on a preliminary showing to and determination by the court, by motion and after a hearing at which the court shall consider any evidence, by affidavit or testimony,” (Corp. Code § 17709.02.) Plaintiffs attempted to make the showing in ...

Excerpt: ...uction; (7) negligent design; (8) negligent property inspection; (9) breach of implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that FDRW did not owe Plaintiff a duty. For the followin...

Excerpt: ...). For the reasons set forth, the motions to compel arbitration are granted, and the action shall be stayed pending completion of the arbitration proceedings. Background The five Plaintiffs are former employees of AAA NCNU. They allege ten causes of action for various forms of discrimination, harassment, retaliation, and wrongful termination, among other claims. They also allege a claim against the Company and Defendant O'Dell for intentional inf...

Excerpt: ...e of action for fraud. If plaintiff contests this ruling, he should be prepared to identify such facts at oral argument. Background Plaintiff, Eid Othman, brings suit against GM and several Doe defendants, alleging he purchased a new 2017 Cadillac Escalade ESV on or about November 25, 2018 for personal, family, and/or household purposes pursuant to a contract, purportedly attached to the FAC. (FAC, ¶5.) While there are no exhibits attached, the ...