Excerpt: ...icensed contractor — B&P S Code 7031; (3) breach of implied covenant to perform work in a good and competent manner — construction; (4) negligent design and construction; (5) violation of B&P Code S 7160; (5) recovery on contractor's state license bond; (7) declaratory relief; and (8) injunctive relief. All causes of action, except cause of action 6, are alleged against Cross-Defendant Monte Blanco General Construction, Inc. ("Monte Blanco")....

Excerpt: ...n complaint against John Muir Health (JMH). The Court previously sustained in part a demurrer to their original complaint. Plaintiffs allege that each of them is a Facebook user which gives them a unique Facebook ID associated with their Facebook profile and account. (FAC 55, 91, 95, 101, 106.) They further SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/18/2023 2 all...

Excerpt: ... alleges Fay Servicing, LLC ("Fay") is the servicer for her mortgage loan secured by the Property. (Compl. 2, 5.) She alleges she submitted "a completed loan modification application" to Fay on "December 13, 2021," though she contends in her opposition the date is a typographical error and is really December 13, 2022. (Compl. '1 9; Opp. p. 3, II. 19-23.) Plaintiff alleges on January 17, 2023, Fay requested her two most recent paystubs, which she ...

Excerpt: ...gainst David Eckert, Baywoods Homeowners Association (hereinafter "Baywood HOA"), and Homeowners Management Co., LLC. The action was filed on October 28, 2021, and the operative First Amended Complaint ("FAC") was filed on August 19, 2022. The FAC purports to allege three causes of action using a judicial council form complaint: (1) breach of contract, (2) general negligence, and (3) intentional tort. Specifically, plaintiff alleges that on or ab...

Excerpt: .... For the following reasons, the Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/18/2023 Page 11 of 26 Request for Judicial Notice Plaintiffs' unopposed request for judicial notice of Contra Costa County Tax Assessor Records and California Department of Energy Climate Zone Designations by Zip Code is granted. (Evid. Code SS 452, 453.) General Description...

Excerpt: ...lace Matter Back on Active calendar ("Motion"). For the reasons set forth below, the Moton is denied. However, the Court on its own moton will reconsider its earlier ruling in a very limited manner as set forth at the end of this order. Plaintiff is granted limited leave to amend as set forth below. Procedural Background Plaintiff filed the Complaint in this matter on December 30, 2020. The Complaint pertains to alleged injuries sustained by Plai...

Excerpt: ...ffice position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were added by amendment in December 2022, and additional claims added in March 2023. The settlement would create a gross settlement fund of $750,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $250,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administra...

Excerpt: ... and Brook Andrew Woolley, M.D. ("Kaiser Defendants"). For the reasons set forth, and subject to the Kaiser Defendants making the supplemental submission addressed below at or prior to the hearing on the petition, the petition is granted as to all claims by Plaintiff in her individual and representative capacities against the Kaiser Defendants; the motion to stay the action is granted as modified by the Court pursuant to Code of Civil Procedure s...

Excerpt: ...erra" or "defendant"), which operates drug and alcohol treatment centers. (Separate Statement of undisputed Material Fact, hereinafter "SSUMF," Fact Nos. 1-2, and plaintiff's response.) Approximately a month later, she was promoted to Interim Director of Nursing. (SSUMF, Fact No. 4, and plaintiff's response.) In that capacity, plaintiff received two disciplinary "write-ups," one for failing to regulate overtime for nursing staff and another for f...

Excerpt: ...onal practice in performing Slava's hernia surgery and his treatment. Plaintiff Slava alleges the Contra Costa Regional Medical Center ("medical center"), on whose behalf the County is appearing in the action, is vicariously liable for Dr. Berguer's negligence as his employer. Plaintiff Ilga Viner ("Ilga") is Slava's wife. The current operative pleading is the Second Amended Complaint ("2AC'). Plaintiffs seek leave to file a Third Amended Complai...

Excerpt: ...d denied, in part, as fully explained below. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence, but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1365, 1375; Kalnoki v. First American Trustee Servicing Solu...

Excerpt: .../A (breach of fiduciary duty) — sustained, with leave to amend. Background Plaintiff Pearl Seaborn is the former spouse of Charles Lee Seaborn, now deceased. She alleges that she and her husband became the owners of a residential property on Bismarck Terrace in Brentwood, California (the "Property") in 2001. (Fourth Amended Complaint ("4AC') "1 2, 15-17.) She alleges in February 2005, a forged Interspousal Transfer Grant Deed ("Interspousal Dee...

Excerpt: ...ourt ...." "The party advocating class treatment must demonstrate the existence of [1] an ascertainable and sufficiently numerous class, [2] a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.]" (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also Code of Civil Procedure S 382.) Plaintiff has the burden of showin...

Excerpt: ...f Rights [42 U.S.C. S 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. S 10851; and (4) declaratory relief. For the reasons set forth below, the City's Demurrer is sustained without leave to amend. (CCP S 430.10(e).) The City's Request for Judicial Notce regarding Ordinance No. 801-C-S, Ordinance No. 2133-C-S, Right-of-Way Agreements between the City and SFPP, L.P., and the certified transcript of the February 2, 202...

Excerpt: ...present are current or previous Operators that worked at Chevron's oil refinery in Richmond, California. The Operators belonged to a union (United Steelworkers Local 5), which was the sole bargaining representative of Chevron's employees. The union and Chevron had a collective bargaining agreement which covered the Operators throughout the period of November 25, 2019 through May 30, 2022. (Mohon at 9:22-28.) The collective bargaining agreement co...

Excerpt: ...tration award. For the reasons set forth, the Court requests supplemental briefing by the parties before the Court issues a ruling on the merits of the motion. The parties shall file and serve supplemental briefs no longer than 10 pages double-spaced by May 22, 2023 addressing the issues set forth below. The hearing on the motion and Plaintiff's response is continued to 9:00 a.m. on June 1, 2023. On July 21, 2022, Ford commenced an arbitration be...

Excerpt: ...ator has mailed notices to 533 class members. One packet was returned by the post offce. Follow up resulted in a new address, leaving none non-deliverable. No objections have been received, and only three class members have requested exclusion from the class settlement. The Court notes some confusion as to the amount of the settlement administration cost. The estimate at the time of preliminary approval was $11,857.70. Now the body of the motion ...

Excerpt: ...ted, the administrator has mailed notces to 951 class members. Fourteen packets were returned by the post office. Follow up resulted in 10 new addresses, leaving 4 non- deliverable. No objections or requests to opt out have been received. 12 Both motions are granted. A. Background and Settlement Terms The original complaint was filed on September 28, 2020, raising claims under PAGA and a class action on behalf of non-exempt employees, alleging th...

Excerpt: ... value under the Probate Code. Probate Code section 18100 states that "[w]ith respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them... The third person is fully protected in dealing with or assisting the trustee just ...

Excerpt: ...23 the Court issued an Order awarding and striking certain costs to Defendant for prevailing on Susan Clancy's claims. On behalf of Timothy Clancy, plaintiff has filed a memorandum of costs, and Defendant has filed a motion to tax costs claiming that certain of the costs are non-recoverable. Analysis Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. To ob...

Excerpt: ...tion. Procedural Background This matter pertains to claims made by Plaintiff Corporate Immigration Partners, LLP (a aw firm) relating to actions taken by former employee, Defendant Gina Sales-Cengiz (an attorney) before, during, and after her leaving her employment with Defendant. Defendant is alleged to have given notice of her intent to resign on December 23, 2022, with an effective date of January 12, 2023. During those last two weeks of emplo...

Excerpt: ...le, Lafayette, on December 30, 2022. The case does not have a trial date. Plaintiff now seeks to file a first amended complaint to (1) add her daughter, Mirabel Connor, as a plaintiff; (2) add a cause of achon for constructive eviction on behalf of Mirabel; and (3) make changes that are administrative in nature. Defendants oppose. Applicable Law It is well-established under California law that leave to amend is to be granted liberally, to accompl...

Excerpt: ...al among wage-and-hour cases, in that its sole focus is on a failure- of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant failed to reimburse employees for the cost of obtaining personal protective gear (such as masks) during the COVID crisis. The original complaint was filed on October 8, 2020. After a demurrer ruling, an amended SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART...

Excerpt: ...ice Kugler (collectively "Defendants")'s Demurrer to Plaintiff Maureen Mbadike-obiora, MD ("Plaintiff" or "Dr. Mbadikeobiora")'s Fourth Amended Complaint for (1) breach of contract, (2) accounting, (3) breach of fiduciary duty, (4) breach of implied covenant of gtnd faith and fair dealing, (5) intentional and negligent misrepresentation, and (6) declaratory relief. For the following reasons, Defendants Demurrer is sustained, with leave to amend. ...

Excerpt: ... CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 and S 430.50(a) on the grounds that "the underlying Notice of Termination is fatally defective because it failed to serve the appropriate Tenant and the Landlord is estopped from enforcing the Sublease." (Notice at 1:27-28.) For the following reasons, the Demurrer is overruled. Legal Standard "The function of a demurrer is to test th...

Excerpt: ...ENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 7 Facts ["UMF"] No. 1; Neeno Decl. par. 3; Defs.' Additional undisputed Material Fact ["AUMF"] No. 1.) The Neeno Property is located near the top of the Martinez Ridge in or adjacent to the Muir Oaks subdivision of Martinez and was undeveloped when plaintiff purchased it. (AUMF No. 3.) The only paved access to the Neeno property is from Alhambra Avenue, a public road, is by using f...

Excerpt: ...ment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 20 The original complaint was filed on August 27, 2021 as a class action. It was later amended to add a PAGA claim. The settlement would create a gross settlement fund of $395,000, payable in two equal insta...

Excerpt: ...reement between the parties that cover this actions' claims. The motion is denied, because in the Court's view defendant has waived the right to seek arbitration. The Agreement to Arbitrate Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. SS 1 et seq., or by the California Arbitration Act, Code of Civil Procedure SS 1280 et seq., the threshold issue of whether a valid and enforceable agreement to arbitrate ex...

Excerpt: ...y that award of attorney fees has not been paid, and defendants seek to enforce it by contempt order. Left unspoken, however, is exactly what defendants mean by a "contempt order". What exactly do they contemplate the Court is supposed to do as a response to a contempt of court consisting of nonpayment of a judgment? Issue another order that Lewis pay up? Put him in jail? Give him a criminal conviction? Or what? It doesn't appear that defendants ...

Excerpt: ... CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 Factual Background Plaintiff owns a 2008 GMC Yukon 1500 (the "Vehicle"). The Vehicle was towed to Defendant Lehmer's Concord Buick GMC ("Defendant") on or about May 13, 2020 as it was having engine problems. This included sputtering of the engine and an illuminated 'check engine' light. Defendant inspected the Vehicle and determined there was an...

Excerpt: ...ckhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Constructon (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Declaration of Covenants, Conditions and Restrictions for Blackhawk Meadows (the "CC&Rs") by Defendants. Plaintiff seeks: (1) injunctive relief...

Excerpt: ...ng on the same day, Line 9.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 1,149 class members. 119 packets were returned by the post office. Follow up resulted in 112 new addresses, leaving 7 non-deliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALI...

Excerpt: ...is sustained with leave to amend. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 4 Standard A court assessing a demurrer accepts as true the facts pleaded in the complaint, but rejects contentions, deductions and conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 956-67.) he Court giv...

Excerpt: ...Jnbud Dawod Hadu ("Sister" for convenience) alleges she is the sister of Sabiha Campbell ("Campbell" or "Decedent") who died in May 2022. (First Amended Complaint ("FAC") 4, 19.) Plaintiff Francis George Yacoub ("Nephew" for convenience) alleges he is the Decedent's nephew. (FAC '14.) Campbell lived in Basra, Iraq, moved to California in approximately 1976, and married John Campbell approximately two years later. (FAC 5-7.) John Campbell died in ...

Excerpt: ...-Fraudulent Inducement-concealment." Defendant demurs to this fourth cause of action for fraud on the basis that the complaint fails to state facts sufficient to constitute a SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/27/2023 cause of acton. (Cal. Code Civ. Proc. S 430.10(e).) Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Defendant's moton t...

Excerpt: ...otion for preliminary of her wage-and-hour case and settlement (MSC20- 00452), set for hearing on the same day, Line 8.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 7,873 class members. 1,298 packets were returned by the post office. Follow up resulted in 1,189 new addresses, leaving 10...

Excerpt: ...ions or other issues requiring ruling as to these categories. Kalamas's counsel has informed defendants' counsel that Kalamas has no documents (or no documents not already SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 2 produced) responsive to these categories. Defendants' counsel basically offer to take that as an answer, provided Kalamas gives them a writt...

Excerpt: ...Gate Project consistent with various applicable laws. They also seek a determination from this Court that the Project is consistent with the City's standards, and that the City cannot require a zoning amendment. The Court previously requested supplemental briefing to address several questions concerning Chapter 17.486 of the City's Municipal Code, the "blank map" located at section 17.486M8 of that Chapter, ripeness and the issues before the Plan...

Excerpt: ...ders, LLC (the general contractor) when it filed its complaint on November 17, 2020 against Defendant ProFrame, Inc. (the framing subcontractor). The initial Complaint contained a single cause of action for breach of contract. Exhibit 1 to the Complaint is the Subcontract between West Creek and ProFrame — drafted by West Creek — which contains the arbitration clause at issue. Thereafter, there were a number of pleadings filed as outlined belo...

Excerpt: ...urt of Alameda County. For the following reasons, Plaintiffs motion is granted and Defendant's moton is denied. Analysis The default venue for civil actions is "the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action," but this rule may be overridden by other statutory provisions and is subject to the Court's pow...

Excerpt: ...on Tovar-Gonzales. These facts are taken from Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 04/26/2023 statement of Additional Material Facts in Opposition to Motion for Summary Judgment ("AMF"). Defendants do not dispute these facts. On January 14, 2020, Plaintiff was seen by Defendant Dr. Davis at the Pinnacle Healthcare Clinic in Los Banos, ...

Excerpt: ...Plaintiff owns a single-family home located at 859 Mountain View Drive in Lafayette, California (the "Property"). In approximately 2016, Plaintiff determined that the Property was having problems with subsidence and cracking. Plaintiff contracted with Defendant EagleLift, Inc. ("Defendant" or "Eaglelift") to perform foundation work on the Property to fix the issues. In accordance with the contract, the plans for the work were to be prepared by Al...

Excerpt: ...DATE: 04/24/2023 Page 25 of 27 vacated. Defendant shall file and serve a responsive pleading within 10 days of the date of this order. Background Plaintiff filed this action for breach of contract and common counts on June 7, 2022. Plaintiff alleges he purchased a 2018 Honda Accord for $27,487.19 and that Defendant Kallista Sauer-minder agreed to pay Plaintiff $900 per month in exchange for the use of the vehicle until the purchase price was paid...

Excerpt: ...t if the Court granted performance, the only claim on which a lis could be based. Plaintiff contested the tentative ruling and requested leave to submit supplemental briefing and evidence of Plaintiff's ability to #rform. The Court continued the hearing to April 24, 2023 for the submission of supplemental evidence and briefing. What follows is the Court's tentative ruling issued in advance of the March 27, 2023 hearing, a summary of the parties' ...

Excerpt: ...m Complaint, the Complaint also includes a narrative attachment along with several exhibits. It does not identify causes of action by title, but Plaintiff has not objected to Defendant's characterization of the Complaint as one for (1) retaliation under California public policy, (2) retaliation under Labor Code S 1102.5, (3) discrimination under Title VII, (4) discrimination under FEHA, (5) disability accommodation, (7) retaliation under FEHA, an...

Excerpt: ...uest for judicial notice is granted, but unnecessary as the Court can review its own files without need for judicial notice. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with matters that may be judicially noticed, it ...

Excerpt: ...o amend as to all causes of action except the second, which is without leave to amend. The motion to strike is moot. Plaintiff may file and serve an amended complaint by May 4, 2023. l. Background According to the complaint, plaintiff is the rightful owner of 4022 Salem Street, Concord, CA 94521. (Complaint, 91.) Plaintiff owned the home subject to a 2005 deed of trust, which was assigned several times between 2005 and 2023, most recently to SC6 ...

Excerpt: ...at they were added without leave of Court. Argus also moves to strike the request and prayer for punt-ive damages on the grounds that they were added without leave of Court and that the SAXC contains no factual allegations against Argus to support an award of punitive damages. For the following reasons, the motion is granted. Judicial Notice Argus's unopposed Request for Judicial Notice is denied. The Court does not require judicial notce for doc...

Excerpt: ...d on behalf of the People. Plaintiffs allege that defendants Monsanto Company, Solutia, Inc. and Pharmacia LLC are successors to a prior corporate iteration of Monsanto Company. (For purposes of this demurrer, the corporate distinctions among these entites is irrelevant and will be ignored; they will all be referred to as Monsanto.) Plaintiffs allege that Monsanto sold the chemical compound polychlorinated biphenyl (PCB) and products containing P...

Excerpt: ...granted. Pursuant to the Evidence CtNle, "courts have taken judicial notice of the existence and recordation of real property records, including deeds of trust, when the authenticity of the duuments is not challenged." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264.) "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction refl...

Excerpt: ... six causes of action, four against Ford under the Song- Beverly Consumer Warranty Act, Civil Code secton 1790, et seq. (the "Song-Beverly Act which includes California's "Lemon Law;" a cause of action against Ford for fraudulent inducement-concealment; and a sixth cause of action against the dealership for negligent repair. Both Ford and the dealership filed concurrent motons to compel arbitration on February 27, 2023. On April 6, 2023, Plaintif...

Excerpt: ... MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/17/2023 within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Construction (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Dec...

Excerpt: ...ce S. Chou ("Defendant") was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Parties attended a Mandatory Settlement Conference ("MSC"), wherein the Partes reached a verbal agreement to resolve the dispute. The general terms of the agreement were reduced to writing in a document titled: "Settlement Agreement." Each of the Par...

Excerpt: ...m an auto versus pedestrian accident in which Plaintiff was injured. Plaintiff now moves to amend the complaint to include punitive damages allegations against Defendant Teresa Maria Tam. Plaintiff claims she learned in discovery that Defendant was intoxicated at the time of the accident, with a BAC of .255. Defendant opposes the motion. Defendant argues the Plaintiff unduly delayed in seeking the amendment, which is not based on newly discovered...

Excerpt: ...und Plaintiffs Robert Mortiz and 80b Moritz Reliable Plumbing Service, Inc. ("Plaintiffs") allege they purchased a new 2019 Chevrolet Silverado 2500 on January 23, 2019. (Compl. 8, 33.) (Though named in the Complaint and other pleadings as "Robert Mortiz," the correct name appears to be "Robert Moritz" according to the vehicle purchase agreement, Exhibit 1 attached to the Complaint.) The vehicle is manufactured by defendant General Motors, LLC ("...

Excerpt: ...n for a civil harassment restraining order. This case was originally filed as an unlawful detainer complaint on October 6, 2020. Prior to trial, Defendant vacated the property. This case was then reclassified as an ordinary civil case on January 12, 2021. Defendant filed a cross-complaint on February 23, 2021. Plaintiffs filed a first amended complaint on September 16, 2022, which included the claims at issue in this demurrer. Plaintiffs then fil...

Excerpt: ...since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 J...

Excerpt: ...hment / quantum meruit; (8) promissory estoppel; and (9) civil conspiracy. Defendant demurs to all Plaintiff's causes of action on several grounds pursuant to Code of Civil Procedure ("CCP") S 430.10(e) and (f). For the following reasons, the Demurrer is overruled. 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. (2004) 118 Cal.App.4th 1413, 1420.) A...

Excerpt: ...ic facts are not in dispute. Lena and Defendants entered into a written lease for a commercial property in San Ramon in May 2014. That lease was set to expire in May 2024. In early 2022, Defendants vacated the premises and returned possession to Lena. Subsequently, Lena sued Defendants, seeking, inter alia, recovery for past due unpaid rent, costs to restore the property, and future uncollected rent. The suit also seeks attorneys' fees and legal ...

Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transacton for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendant...

Excerpt: ...ned, the manner of partition." (Code Civ. Proc., S 872.720, subd. (a).) The manner of partition may be in kind or by sale. (Code Civ. Proc., SS 873.210- 873.50.) Partiton in kind is favored. (Butte Creek Island Ranch v. Crim (1982) 136 Cal.App.3d 360, 365.) In lieu of dividing the property among the parties, the court shall order the property be sold and the proceeds divided among the parties [if] the court determines sale and division of the pro...

Excerpt: ...ofers and Allied Workers, AFL-CIO and Associated Roofing Contractors of the Bay Area Counties attached as Exhibit A to the Bernal Declaration. Defendant's request for dismissal of the action in connection with the motion is denied; the Court in its discretion orders the action stayed pending completion of the arbitration. The parties shall appear at the further case management conference set at 8:30 a.m. on October 2, 2023 and advise the Court of...

Excerpt: ...e class consists of employees who directly provide those services. Preliminary approval of the proposed settlement was granted on November 28, 2022. Since preliminary approval was granted, the administrator has mailed notices to 2,141 class members. 133 packets were returned by the post office. Follow up resulted in 88 new addresses, leaving 46 non-deliverable. No objections or requests to opt out have been received. The motion for final approval...

Excerpt: ...e Notice of Exemption, pending compliance with CEQA. It did not direct respondent as to what must be done to comply with CEQA. Judgment was filed the same day. On March 30, the Court granted Reabold's application to modify the Peremptory Wrt of Mandate to extend the return date from April 3, 2023, to May 15, 2023. The matter is not automatically stayed pending appeal. (Daly v. San Bernardino County Bd. Of Supervisors (2021) 11 Cal.5th 1030, 1034....

Excerpt: ...tained with leave to amend. Fairfield shall file and serve an appropriately numbered, amended cross-complaint within 30 days of this order. (2) James shall file and serve an answer or other responsive pleading within 30 days of service SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 35 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/13/2023 Page 2 of 8 of the amended cross-complaint. Background On June 30, 2020, Plaintiff...

Excerpt: ...employee of Defendant Matternet, Inc., a drone manufacturer and operator. Plaintiff was hired on February 28, 2022 as a drone "Visual Observer." On March 1, 2022, Plaintiff electronically signed various onboarding documents. Among them was an "At-Will Employment, Confidential Information, Invention Agreement, and Arbitration Agreement" ("Agreement"), which stated: "...l AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WIT...

Excerpt: ...wart and Cross-complainant Agra Tech, Inc. designates the Civil Court in Rotterdam, the Netherlands as the exclusive forum for litigation between them. For the following reasons, the motion is denied. Evidentiary Matters Zwart's unopposed Request for Judicial Notice is denied. The Court does not require judicial notice for documents already in its own case file. The Court need not address Zwart's objections to the Sinke declaration. The Court has...

Excerpt: ...ble neglect". And in the alternative, plaintiffs invoke the later provision of the subdivision, for vacating any dismissal based on "an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect". The motion is granted on the second of these alternative grounds. The statute provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgmen...

Excerpt: ...c.'s Petition. However, given the issues related to requested attorney fees and costs, the Parties are required to appear to discuss. Procedural Background Plaintiff filed her Complaint commencing this action on November 22, 2019. Defendant moved to compel arbitration on June 16, 2021 based on an arbitration provision contained in Plaintiff's employment contract ("Arbitration Agreement"). That motion was granted on August 18, 2021. It appears the...

Excerpt: ...rdan Yudien that Yudien affirmatively misrepresented to the parties in the Prior Litigation that he had submitted the quitclaim deed executed by the Menascos for recording after he received it in September 2018, that he falsely stated in a declaration filed in the Prior Litigation that the County recorder misplaced the quitclaim deed and that he had corrected the quitclaim deed without Plaintiffs' knowledge or consent, and that Yudien recorded th...

Excerpt: ...ol. Plaintiffs filed their complaint on December 5, 2022 "pursuant to Code of Civil Procedure section 340.1 for childhood sexual abuse." (Complaint, They contend that they suffered sexual abuse by a teacher at the high school between approximately 2007 and 2009, that "[p]ursuant to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 california Government code s...

Excerpt: ...gligent misrepresentation is sustained without leave to amend. Allegations of the Second Amended Complaint The operative complaint is the Second Amended Complaint ("SAC") filed on November 18, 2022. Plaintiff Noble Learning Academy ("NLA") is a private school owned and operated by Plaintiffs Cassondra Hull and Mark Hull. Defendant Walnut Creek Presbyterian Church ("WCPC") is a non- profit corporation. (SAC 91-2.) Plaintiff Cassondra Hull ("Plaint...

Excerpt: ...rt that Pena was fired from Mechanics Bank after it determined he had sexually harassed Pacheco and others. Pena filed this action against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family to harassment, including threats of physical violence. Harassment included frequent, vulgar, and threatening calls and text messages, some referencing Pena's wife and children. Mejia allegedly posted flyers in Pena's neighborh...

Excerpt: ...nt arising out of the professional negligence of a health care provider can include a claim for punitive damages. "The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to ...

Excerpt: ...al causes of action for battery, intentional infliction of emotional distress, and conspiracy. The instant motion is set for hearing on April 10, 2023. Trial is set for April 18, 2023. For the following reasons, the Motion is denied. Brief Factual and Procedural Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 July 10, 2019. Plaintiff files her in...

Excerpt: ...n of Christopher J. Ohlsen is to be filed by close of business Friday, April 14, 2023. Procedural Background Plaintiff filed their initial complaint on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of...

Excerpt: ...Cal. Evid. Code S 452(d).) For the following reasons, the unopposed MSJ is granted. Factual Background The Complaint alleges that Plaintiff was injured on September 14, 2020 when physical contact was made to him by Defendant Peter Hillard while Mr. Hillard was employed by Defendant GTE. Standard Summary judgment is proper if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled ...

Excerpt: ...etween neighbors. Plaintiffs Brian McCarthy and Renee Covi through their revocable trust are the owners of a residence at 17 Cumorah Lane in Alamo. (Comp'. '1 1.) Defendants Kevin Mack and Olga Mack are their neighbors who live at 24 Cumorah Lane. (Comp'. '1 2.) Plaintiffs allege that in 2021, Defendants built an electrified gate across a driveway, a related electrical box and electrical lines for the electrical service to the gate, a pedestrian ...

Excerpt: ...isrespect is intended.) Jerome died of lung cancer on May 22, 2015. The complaint was filed May 16, 2018, and contains a single cause of action brought under the Federal Employers' Liability Act ("FELA"), codified at 45 USC section 51 et seq. In essence, the complaint alleges that Jerome's lung cancer was caused by employment-related exposure to various chemicals or substances, and that such exposure was a result of BNSF's negligence. The MS] arg...

Excerpt: ...nt on the complaint is denied. The Court's order is without prejudice. Disputed and undisputed Material Facts This is an action for breach of contract and common counts arising from breach ofa vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wintrust") seeks a deficiency judgment after allegedly selling the vehicle. Wintrust prov-des a declaration from its Vice President of Asset Management, with custody and control of its business rec...

Excerpt: ...pport of Motion to Consolidate, 2:17-22, 3:8-14.) The second is a Motion to Transfer and Consolidate Cases for All Purposes filed by Defendants Stephanie Rabbitt and Ryan Friesen (collectively "Defendants"), also pursuant to Code of Civil Prc„cedure S1048(a), to also have the instant action consolidated with Case No. P23-W096 on the grounds that both actons involve common questions of law or fact. (See Defendants' Motion to Transfer and Consoli...

Excerpt: ...d the tentative ruling for the March 2, 2023 hearing on this matter. On March 2, this matter was continued to allow Plaintiffs to file objections to evidence. There appears to have been a misunderstanding as to whether the parties were expecting to appear at the next hearing or whether they were expecting a new tentative ruling, which they would be required to contest in the normal manner. Given the misunderstanding, the Court is inclined to let ...

Excerpt: ...erform a citizen's arrest. The City filed a writ challenging this ruling. The Court of Appeal issued an alternative writ to this Court, which required this Court to reconsider the ruling on the demurrer in light of the City's arguments regarding immunities. The Court of Appeal stated in part: It appears the trial court omitted consideration of petitioner's asserted immunities under Government Code SS 845 and 845 from its analysis of petitioner's ...

Excerpt: ...on an attorney's fees provision which was included in forms for the agreement to process the payroll. These written "Electronic Funds Transfer (EFT) Authorization" forms and "Client Authorization for Payroll Masters to Draw Funds," both had attorney's fees clauses. Defendant and Cross-complainant Shannon 8. Jones Law Group opposes. Legal Standard "underthe American rule, each party to a lawsuit ordinarily pays its own attorney fees. "If such liti...

Excerpt: ...mary of Allegations Plaintiff Peet's Coffee & Tea, LLC ("Plaintiff" or "Peet's") entered into four separate written purchase contracts with Defendant wherein Defendant agreed to ship large amounts of coffee to Peet's in exchange for payment "360 days from delivery." (Complaint 7-10, Exs. A-D.) These contracts were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/06/2023 en...

Excerpt: ...s-complaint. Tulloch sued cross-defendants for (1) professional negligence, (2) breach of written contract (Pacific Union and Compass only), (3) implied indemnity, (4) declaratory relief and (5) enforcement by Tulloch of assignment of Plaintiffs' rights. Cross-defendants demurred to causes of action one, two, three and four based on the failure to state facts sufficient to constitute a cause of action. Negligence (C/A 1) Defendants argue that the...

Excerpt: ...14, 2023. Factual and Procedural Background This matter pertains to a motor vehicle accident that occurred on August 16, 2019 in Brentwood, California. On that date, it is alleged that Plaintiff was driving eastbound on Marsh Creek Road when he signaled and stopped to make a left turn across westbound Marsh Creek Road into his driveway. Defendant Gonzalez failed to stop in a timely manner and collided with the rear of Plaintiff's vehicle. This im...

Excerpt: ...cond cause of action for violations of Government Code SS 815.2, 815.4, 815.5, 820(a), 830, 835, and 835.2. Defendant mcwes on the grounds that there is no triable issue as to any material fact as to any of Plaintiff's claims against Defendant State and Defendant State is entitled to judgment as a matter of law. As to Summary Adjudication, Defendant State argues that: (1) Defendant State is entitled to summary adjudication as to the Second Cause ...

Excerpt: ...round Plaintiffs first amended complaint alleges that on June 25, 2020, she was riding a bicycle in a bike lane on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 5-8.) The FAC alleges a single cause of action for negligence and seeks exemplary damages ba...

Excerpt: ...lease with the entity Richmond Saigon Seafood Harbor Restaurant, Inc. In 2019, specially appearing defendant Chunfu Yu ("C. Yu"), Brother Union Capital Holding, LLC ("Brother"), and Yi Dong entered into a wrtten guaranty of the rent payments with Plaintiff. (Memo. ISO Mot. p. 3, II. 2-6.) Plaintiff filed the complaint initiating this action against C. Yu and his spouse Li Yu in April 2021, alleging claims for fraudulent transfer, breach of the im...

Excerpt: ... of Chun Huang filed on December 21, 2022 as it was signed by her attorney instead of by Huang. Chun Huang was sworn in and affirmed all statements in that Affidavit. Defendant then requested time to file objections to the Affidavit. The Court granted Defendant's request and ordered that objections be filed by March 10, 2023. Plaintiff would have until March 22, 2023 to file a response. Defendant filed objections ten days late on March 20, 2023 w...

Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...

Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...

Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...

Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...

Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...

Excerpt: ...e Partes abide by the rules and procedures and work together as professionals to move this matter forward. Procedural Background The Complaint in this matter was filed on July 25, 2022. Generally, a party must file a response to a complaint within 30 days after the summons and complaint are served upon them. (CCP S 412.20(a)(3).) To evidence when the complaint was served, the "proofs of service on those defendants must be filed with the court wit...

Excerpt: ...nt Young demurs to the Fourth, Fifth, and Sixth causes of action, the only claims asserted against him. Defendant contends that Plaintiff has failed to alleged facts suffcient to constitute each of these causes of acton (CCP S 430.10(e)), and that the Fifth and Sixth causes of action are also uncertain (CCP S 430.10(f).) Defendant's Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h).) For the follow-ng reasons, Defendant's de...

Excerpt: ...s ("ANM") filed this action for breach of settlement agreement, specific performance, and intentional misrepresentation against Defendant Nikki Bowery on June 29, 2022. On or about March 24, 2021, ANM sold Bowery a Cadillac CTS V (the "Vehicle"). Sometime thereafter, Bowery made various allegations against ANM relating to defects in the Vehicle, which culminated in a Settlement Agreement and Release on June 15, 2022 ("Agreement"). (Ex. A to Decla...

Excerpt: ...f the implied covenant of good faith and fair dealing, fraud, and conversion. Wittrien filed, and presumably recorded, a notice of pendency of action on June 15, 2021. In May or June of 2020, the parties entered into negotiations for Wittrien to purchase the Property at 1480 Taylor Road in Bethel Island, California (the "Property") from Defendant Teresa Jo Mazzarella. The Property was in significant disrepair and had been declared a nuisance by t...