Excerpt: ...wanger II, Walter Binswanger III, and Silvio Garaventa, Jr. (CCP § 430.10 (e).) It is overruled as to Louisa Binswanger as to the Fifth Cause of Action and sustained as to all the other causes of action with leave to amend. (CCP § 430.10 (e).) Any amended complaint shall be filed and served on or before August 27, 2021. If defendants file a further demurrer, plaintiff shall file a redlined copy of the amended complaint with his Opposition, so t...

Excerpt: ...on or before August 27, 2021. If CVCHS elects to amend, it shall file a redlined copy of any amended cross‐complaint with its Opposition to any future demurrer so the court can track the changes. Background The court wrote comprehensively about this case in its ruling on the previous demurrer. It quotes a small portion of that ruling to set the context for the current one. This case presents the issue whether a cross‐defendant may continue to...

Excerpt: ...25.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a ‘summary‐judgment‐like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384‐385.) Protected Activity On the first step, the Defendant has the burden of showing that the challenged causes of action arise fr...

Excerpt: ...fendants breached their duty to comply with building, fire, and health and safety codes. Plaintiffs allege Defendants breached the implied warranty of habitability by failing to correct substandard conditions, which included garbage disposal deficiencies; plumbing and electrical deficiencies; rodent, pest, and insect infestations; mold and mildew; and security and safety deficiencies. Motion Pursuant to CCP §§ 473(a)(1) and 576, Plaintiffs seek...

Excerpt: ...y, she moves for approval of an award of attorney's fees and expenses, as well as a service award for plaintiff. A. Background and Settlement Terms The original complaint was filed November 5, 2015, as a class action. It alleged that defendants Zagaris and Disclosure Source entered into an agreement under which PMZ obtained Natural Hazard Disclosure (NHD) reports to be used in real estate transactions from Disclosure Source, identified them as ha...

Excerpt: ...l Background Plaintiff's Complaint asserts claims alleging Sierra is liable for the transmission of COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post�...

Excerpt: ...failure to provide rest periods; (5) failure to provide accurate wage statements; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) retaliation‐employment; (9) intentional infliction of emotional distress; (10) breach of the covenant of quiet enjoyment; (11) breach of the warranty of habitability; (12) violation of the Richmond Rent Ordinance; (13) specific performance; (14) (anticipatory) breach of contract; (15) (ant...

Excerpt: ...(premised on a violation of Civil Code §§ 1749.45 et seq.) Defendant demurs pursuant to CCP § 430.10(e) on the grounds that Civil Code § 1749(b)(2) does not require immediate cash refunds of gift cards with an outstanding balance of less than $10.00 and that Chevron's policy, requiring consumers seeking a redemption to use a toll‐free number or web address, does not constitute an impractical and unreasonable barrier to a consumer's right of...

Excerpt: ...�filed opposition papers. B. The Governing Standard. The Bridgeford decision cited in defendant's opening memorandum states the standard governing this demurrer: The decision whether a case is suitable to proceed as a class action ordinarily is made on a motion for class certification. [Citation omitted.] A court may decide the question earlier by sustaining a demurrer to the class action allegations of a complaint only if it concludes as a matte...

Excerpt: ...gence, and active or passive negligence is limited to $77,800. While Eaglelift's motion was filed when the operative pleading was plaintiff's First Amended Complaint, this ruling applies equally to the current operative pleading, plaintiff's Second Amended Complaint (“SAC”). Thus, this limit on Eaglelift's liability applies to the first four causes of action of the SAC, but not to the fifth. Background The parties provide additional context f...

Excerpt: ...all file and serve a new fourth amended complaint by September 15, 2021. The proposed fourth amended complaint does not currently comply with the ruling on the demurrer. Therefore, before the filing of the fourth amended complaint, the parties must do the following: Plaintiff will prepare a new proposed fourth amended complaint and serve it on Defendants by August 18, 2021 (service must include email so the Defendants can promptly review the chan...

Excerpt: ...t, the opposition memorandum must be no more than 15 pages. (California Rules of Court, Rule 3.1113(d).) The opposition also failed to include a table of contents and authorities, which is required for all memorandum that exceed 10 pages. (Rule 3.1113(f).) The Court has exercised its discretion to consider the opposition memorandum despite these violations. Future violations may result in the Court refusing to consider the offending brief. Based ...

Excerpt: ...igence (against Defendant Save Mart Co., Inc. dba FoodMaxx), (2) professional negligence (against the demurring Defendants), and (3) professional negligence (against Defendant Sutter Bay Hospitals dba Sutter Delta Memorial Hospital). This is Defendants' second challenge to Plaintiff's claim for professional negligence. Defendants demur to Plaintiff's cause of action for professional negligence pursuant to Code of Civil Procedure § 430.10(e) and ...

Excerpt: ...t of a dispute over construction work performed by general contractor McCartt Construction and its subcontractors at the property located at 1136 Glen Road, Lafayette, California, formerly owned by Evan and Amy Price. McCartt sued the Prices for nonpayment and the Prices cross‐complained against McCartt for construction defects. McCartt then cross‐complained against various subcontractors, including Morgan & Sons Electric & Lighting. Morgan n...

Excerpt: ...irmatively barred. Defendants shall file their answers by August 16, 2021. Background Plaintiff Fred Simon, a Senior Engineer with Contra Costa Water District (“District”), has sued his employer and several of his superiors, Chris Hentz, Rachel Murphy, and Steve Welch (collectively, “Individual Defendants”), for wrongs he allegedly suffered in the workplace. Because a detailed factual summary was set forth in the Court's ruling on the las...

Excerpt: ... as follows: (1) Samah Sabry Awadalla (“Samah”); and (2) Ehab Halim Zaki Saad (“Ehab”). The Complaint alleges five causes of action: (1) Defamation against Samah; (2) Intentional Interference with Prospective Economic Relation against all Defendants; (3) Negligent Interference with Prospective Economic Relation against all Defendants; (4) Intentional Infliction of Emotional Distress against all Defendants; and (5) Negligent Infliction of ...

Excerpt: ...AXC” for (1) contribution, (2) fraud and concealment and (3) declaratory relief. For the following reasons, Plaintiff's Demurrer is sustained with leave to amend. Background Facts This dispute arises from Plaintiff, Charles Helfrick's Complaint against Misty and Patrick Helfrick. (SAXC p. 3:10‐28.) Charles is Patrick's father, and Patrick and Misty are married, but in the middle of a divorce. The Complaint alleges that Charles and Patrick ent...

Excerpt: ...s overruled, and the motion to strike is denied. Defendant Hinds shall file an answer to the Fourth Amended Complaint on or before August 27, 2021. Plaintiffs' counsel is advised that the tables for plaintiffs' memoranda of points and authorities are consistently generated in a very small font size that is almost unreadable. In the future, all tables shall be set out in at least 12‐point font. The basis for the Court's ruling on the demurrer an...

Excerpt: ...and Plaintiffs' Third Amended Complaint and the survivor declaration of Myrtle Jones accompanying it shall be filed by the Clerk. On May 21, 2021, the Court sustained Jeremy Williams' demurrer to the SAC. Under the Court's local rules, when neither party timely contested the Court's tentative ruling posted the day prior to the scheduled hearing, the tentative ruling became the final order on the demurrer. (Local Civ. R. 3.43(2).) The Court's ruli...

Excerpt: ...e it required plaintiff to show that Favro's conduct “increased the risk” to plaintiffs. The requirement that the jury find that Favro's conduct “increased the risk” to the plaintiffs was appropriate. (MOFD also states that the special instruction based on CACI 473 as given by the Court was inappropriate, but the rationale for the argument essentially is based on Question 1 of the verdict form.) Both Siebert and the previous appellate dec...

Excerpt: ...es. Plaintiff also seeks approval of attorney's fees and a representative incentive payment. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff amended complaint in order to raise PAGA allegations, which were not included in the original complaint. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/05/21 ‐ 10 ‐ The PAGA notices were provided to the ...

Excerpt: ... one‐year statute of limitations. Plaintiffs argue that any claims subject to a one‐year statute of limitations are timely because of a Doe amendment filed two years after this litigation started. To determine which party is correct requires a detailed examination of the procedural history of the litigation. This case arises out of alleged medical malpractice and elder abuse committed at two healthcare facilities, Martinez Convalescent Hospit...

Excerpt: ...tion.' (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. �...

Excerpt: ...ly meet and confer such that he qualified for an automatic extension of time to respond to the FAC. (Code Civ. Proc., § 430.41 (a)(2) [“the demurring party shall not be subject to default during the period of the extension”].) No default was taken during the relevant time period. The issue is therefore immaterial to the present demurrer. While the Court agrees that the meet and confer efforts were insufficient in that Mr. Hogge's counsel did...

Excerpt: ...where he alleges he sometimes cashed his payroll checks at the CCCS facility in Concord. (First Amended Complaint ("FAC") ¶ 10; Munoz Decl. ¶¶ 2, 3.) Plaintiff Ashley Munoz aka Ashley Payne is Mr. Munoz's wife. (FAC ¶ 2.) They allege multiple causes of action against CCCS and its affiliates arising out of Mr. Munoz cashing a payroll check at CCCS in November 2020. Plaintiffs allege CCCS and other defendants asserted that he had cashed the sam...