Excerpt: ...Mirda (2007 ) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not o n the evidence or facts alleged." (E -Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) Accordingly, the court assumes the truth of the complaint'...

Excerpt: ...as clean ers in 2020 and 2021. The case's procedural history is a little complicated. The original complaint was filed by plaintiff Grande on November 12, 2021 as a class action. PAGA claims were added by amendment in January 2022. However, upon presentation to pla intiff of an arbitration provision, plaintiff dismissed her class and individual claims, narrowing the case to a representative PAGA claim, and the parties stipulated to stay the case...

Excerpt: ...�l ed these two motions to compel further responses to special interrogatories and to compel further production of documents, Set 2, on September 25, 2023. Defendant One Gro, Inc. filed its opposition on January 31, 2024. Background Plaintiff Island Breez e Systems CA LLC and One Gro., Inc., an Oregon corporation doing business as One Gro Investment Group, entered into a series of agreements beginning in May 2017 and culminating in a Service Agr...

Excerpt: ...dant H inton for a noticed deposition; 4) failed to produce defendant Khawaja for noticed deposition; and 5) failed to produce Doordash's representative for a noticed deposition. Defendant Doordash filed an Opposition on February 5, 2024, which, as plaintiff points out, is several months after the motion was served on Defendant Doordash. In his Reply to Doordash's “untimely” opposition, plaintiff urges the court not to consider it at all. Th...

Excerpt: ... (ref erred to in motion pleadings as Rosa Torres Casinelli and referred to herein as the "Driver") when that vehicle made a left turn from Moraga Way onto Coral Drive and struck her in the intersection. (Compl. ¶ 7; City's Separate Statement ("SS") of Undispute d Material Facts ("UMFs"), UMF Nos. 37 -43, 45- 47, 50.) Among other things, Plaintiff contends that vegetation created shadows over the bike lane that contri...

Excerpt: ...t hereby gra nts the motion, in part, on the ground that the City is entitled to design immunity. Discussion Factual Background Plaintiff filed a Complaint for Damages on July 1, 2022 against defendants Ryan James Richins, Stacy Dawn Richins, State of California, Count y of Contra Costa, City of Brentwood, and Does 1 -50, inclusive. Therein, Plaintiff alleged two causes of action: (1) Negligence and (2) Government Liability: Government Code sect...

Excerpt: ...ng a doubles tennis match. At some point during a match, “Defendant struck a tennis ball directly SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 at the Plainti
¯'s head, when the Plainti
¯ was standing in front of the Defendant, in clear view of the Defendant, hitting Plainti
¯ directly in the right ear at a high velocity.” Plainti
¯ alleges that �...

Excerpt: ...oad in Contra Costa County, California (“Haddad Property”). Defendants are Monroe RE, LLC Road Monroe Operations, LLC (“Monroe Defendants”) and the California Department of Social Services. Monroe RE, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 LLC owns the real property at 5530 Johnston Rd. (“Monroe Property”) on which the Monroe Defendants...

Excerpt: ...ed as to the second cause of action. Because this is the Þrst challenge to the complaint, and because it appears plainti
¯ may be able to plead the requisite facts, plainti
¯ has leave to amend and shall Þle and serve any amended complaint by February 20, 2024. A. Background Plainti
¯, Sweet Adeline, Inc., is a franchisee operating a Wingstop restaurant. (SAC, ¶8.) On or about March 17, 2022, plainti
¯ and defendants, TastyWings Inc. and W...

Excerpt: ...o amend. Discussion Legal Standard “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is su
¯icient if it alleges ultimate rather than evidentiary facts” (Doe v. City of L...

Excerpt: ...ligence. Defendants move on the grounds that (1) Defendants owed plainti
¯ no duty of care and were not negligent; (2) Defendants had no actual or constructive notice of an unreasonably dangerous condition; and (3) Defendants' acts or omissions did not cause or contribute to Plainti
¯'s injuries. For the following reasons, Defendants' Motion is denied. Brief Factual Background It is undisputed that on the evening of February 4, 2018, Plainti
¯...

Excerpt: ...for breach of the peace. Commercial Code § 9609 provides that “after default, a secured party may … take possession of the collateral … without judicial process, if it proceeds without breach of the peace.” Plainti
¯ does not allege that Location ever did actually repossess his vehicle. He alleges that Location made an initial, but unsuccessful, attempt to do so on May 22, 2020. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ...

Excerpt: ...pproval was granted, the administrator has mailed notices to 1160 class members. 42 packets were returned by the post o
¯ice. Follow up resulted in 35 new addresses, leaving 7 nondeliverable. No objections have been received, and only one request or exclusion. The motions are granted. A. Background and Settlement Terms Deendant is a country club. Plainti
¯ was employed there as a banquet server rom July 2019 to March 2020. The original compl...

Excerpt: ...egligence cause of action on the grounds that: [Issue 1] Plainti
¯ failed to plead the existence of any mandatory duty, [Issue 2] Plainti
¯ cannot establish the breach of any mandatory duty owed, and [Issue 5] the primary assumption of risk doctrine bars said claim against the City. Defendant moves for summary adjudication on the premises liability cause of action on the grounds that: [Issue 3] Plainti
¯ cannot establish the existence of a dan...

Excerpt: ... the Complaint Defendants Claire and David Aschwanden and plainti
¯s Cathleen and Wilrolan Ravelo were friends for a number of years David and Wilrolan served in the military together, then both worked on the San Francisco Police Department SWAT team since approximately 2017 (SSUMF 31) For clarity, and meaning no disrespect, the discussion will use Þrst names where necessary to distinguish the parties The Aschwandens invited the Ravelos to ...

Excerpt: ...perpetrator. He has sued the person who assaulted him (named as John Doe), the landlord of the apartment complex, and DoorDash. DoorDash has moved for an order compelling plainti
¯ to arbitrate his claims against DoorDash and staying the remainder of the action pending the arbitration. Procedures for Enforcement of Arbitration Agreement Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., or by t...

Excerpt: ... Þrst sets of form interrogatories to each plainti
¯, served on or about April 26, 2023; and (2) defendant's Þrst sets of requests for production of documents to each plainti
¯, served on or about May 7, 2023. Within ten days thereafter, plainti
¯s are ordered to produce all responsive documents, without objections. These discovery requests were served last April and May. Purported responses were served last August. The responses, however, w...

Excerpt: ...PP special motion to strike is denied and the demurrer sustained without leave to amend. I. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 02/07/2024 Plainti
¯, Michael Giu
¯rida is a surgeon who worked or deendants, Vivek Bansal, MD, and Vivek Bansal MD, Inc. (“deendants” or “Bansal”). Ater the relationship ended, plainti
¯ sued deendants or w...

Excerpt: ...cate the premises after being served with three-day notices in June 2023. Plainti
¯ owns a condo in the area known as Alamo Bridge. Plainti
¯ rented out the condo to the defendants in July 2018 and the lease was renewed at least two times after that. Defendants signed a Lease Agreement which speciÞcally referenced the Alamo Bridge Home Owners Association's (HOA) CC&Rs and its rules. The defendants signed the lease and acknowledged the requirem...

Excerpt: ...ars, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “BeneÞciaries”), in a Wills and Trust case Þled in Contra Costa County (Case no. P21-00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the BeneÞciaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the BeneÞciaries engagement agreement with Plainti
¯ (the “Ag...

Excerpt: ... and Fair Dealing (Second Cause of Action), 3) Retaliation/Wrongful Termination (Third Cause of Action), 4) Disability Harassment (Fourth Cause of Action) and 5) Intentional Interference with a Contract or Prospective Economic Advantage (Seventh Cause of Action). Miller concedes that she cannot maintain her claim for disability harassment but opposes the motion as to the remaining causes of action. Millers request for judicial notice is granted ...

Excerpt: ...s Motion or Reconsideration o the Court's (1) November 9, 2023 Order Denying Motion or Order Granting Leave to File a First Amended Complaint and (2) November 9, 2023 Order Granting Motion to Seal and Issue a Protective Order is denied. Background The court heard argument on Plainti
¯'s Deborah Johnson's Motion or Leave to File a Þrst Amended Complaint and Deendant's Northgate Homeowner Association's Motion to Seal and Issue a Protective O...

Excerpt: ...ublic easement (referred to as the "CutThrough") over a portion of a residential property located at 2354 Alameda Diablo in Diablo to which defendant U.S. Bank obtained title by foreclosing on its deed of trust secured by that property (the "US Bank Property"). Defendant Bart Wooten is the owner of an undeveloped lot ("Wooten Property") adjacent to the US Bank Property. (Compl. ¶ 4.) They allege the Cut-Through is an easement over a strip of lan...

Excerpt: ...adjudication (the “Motion”). The Motion is directed toward Defendant and Cross-Complainant John W. Elkins (“Cross-Complainant” or “Elkins”)'s Cross-Complaint for Declaratory Relief. Cross-Defendant moves for summary judgment on the grounds that there are no genuine issues of material fact as to Borrower's declaratory relief cause of action, and US Bank as Trustee is entitled to judgment as a matter of law. As a threshold issue, the Co...

Excerpt: ...ests for judicial notice must comply with Rule 3.1306(c), which provides that any party requesting judicial notice “must provide the court and each party with a copy of the material.” (Cal. R. Ct. 3.1306(c).) Defendant failed to comply with this requirement. In addition, “[o]nly relevant material is a proper subject of judicial notice, even where the Evidence Code provides in mandatory terms that matters be judicially noticed.” (Hayward A...