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: ...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: ...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: ...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...

Excerpt: ...nce of the Plaintiff by the investigator) and intends to use only that the video surveillance that was produced, at trial. The investigator is not the client but a third party allegedly hired by counsel for the defense. The Plaintiff's argue that it is unfair not to produce all of the investigators documentation, as they cannot fairly question the investigator without knowing what was withheld. The Defendant disagrees. A review of the transcripts...

Excerpt: ...mpel arbitration by Beltray is therefore denied as moot. For the reasons set forth, Ford's motion to compel arbitration is granted. The motion to stay the action is also granted, and the action is stayed pending conclusion of the arbitration. Based on this ruling, the case management conference is continued to 7/29/22 at 8.30 a.m. Factual Background Plaintiff Mr. Martinez filed a complaint in April 2021 alleging claims arising out of his acquisit...

Excerpt: ...tinez was located in order to assist with her treatment. Without provocation, Martinez attacked and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 07/30/21 ‐ 4 ‐ battered Plaintiff, causing her injuries. Plaintiff sued Hill and Goshay negligence and premises liability. Both claims are based on Hill and Goshay's alleged negligence. Although, Martinez is referred to as Hill and Goshay's residence employee, the cla...

Excerpt: ...ence with contract, (6) breach of contract – count I, (7) breach of contract – count II, and (8) breach of covenant of good faith and fair dealing. Defendant demurs to Plaintiff's causes of action for (6) breach of contract – count I, (7) breach of contract – count II, and (8) breach of covenant of good faith and fair dealing pursuant to Code of Civil Procedure (“CCP”) § 430.10(g) on the grounds that “it cannot be ascertained from ...

Excerpt: ... by cross‐complainants, Don Neufeld and Mia Blume (“Buyers”). Buyers argue that, because not all the claims or parties are subject to the arbitration clause, the Court should exercise its discretion to refuse to enforce the clause. In a footnote, Buyers contend this discretion is not affected by the FAA because the agreement does involve interstate commerce. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/29...

Excerpt: ...plaint no later than August 25, 2021. If Seddick does not file an amended cross‐ complaint by August 25, 2021 then Cross‐Defendants shall file and serve their answer by September 8, 2021. The Case Management Conference scheduled for August 19, 2021 is continued to September 30, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/28/21 ‐ 13 ‐ Seddick filed a cross‐complaint against the Plaintiffs / Cros...

Excerpt: ...urrer is sustained as to the entire Second Amended Complaint (“SAC”) on two fully independent procedural grounds. The basis for this aspect of the Court's ruling is as follows. A‐1. Untabbed Exhibits. The voluminous exhibits to the SAC are not tabbed. This omission flouts the express instruction in the Court's ruling on the original demurrer, heard on May 20, 2020: Plaintiffs shall file and serve any amended complaint on or before June 19, ...

Excerpt: ... entered into a Business Loan Agreement with Plaintiff Retail Capital, LLC. Defendant Mohamed Baz, president of Cisco Medical, signed the Agreement on behalf of Cisco Medical. Defendant Mohamed Baz executed in writing a Personal Guaranty for the loan of $43.200. Defendant Cisco Medical became obligated to make daily payments of $206.94 until the sum of $59,184.00 was paid. Plaintiff alleges Defendant defaulted on the loan on or about July 20, 201...

Excerpt: ...f real property in Antioch and an alleged failure to disclose the risk of flooding at the property. On July 6, 2009, Plaintiff obtained an order allowing for service by publication on Defendants Shulba and Hoffman. The Defendants were served by publication through the San Mateo Daily Journal with notice posted three times in that newspaper in July and August 2009. A default was entered against the Defendants on October 8, 2009. Other defendants n...

Excerpt: ...s motion is granted. California Code of Civil Procedure (“CCP”) § 473 (b) provides in relevant part: CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 07/26/21 ‐ 2 ‐ “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable ne...

Excerpt: ... of leave to amend, they must appear at the hearing with any specific facts that could change the results discussed below. Background Plaintiffs own land in Lafayette (“Land”), which they acquired from John Barsell Jr. ("Barsell") in September 2005. (SAC, ¶¶1‐9.) Plaintiffs allege, on information and belief, that in 1974, as a condition of approval of a subdivision request by Barsell, Barsell agreed to a ten‐year moratorium on developin...

Excerpt: ...tiff Harold Would Development, LLC and Defendant Shining Star Food LLC entered into a commercial lease for premises located at 1525 Locust Street in Walnut Creek. Defendant leased the 2,227 square feet of space for use as a restaurant. The Lease provided Defendant would lease the space for a period of ten years, commencing 180 days after delivery of the premises to tenant. The premises were delivered on CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIF...

Excerpt: ...filing of the amended pleading. To the extent parties can agree, plaintiff may make agreed changes prior to filing. Otherwise, the amended complaint shall be filed in the form attached as Exhibit A to the Declaration of Mark A. Milstein. Background This is a construction defect case. Defendant Arbor Building Group is a general contractor, who contracted with owner and plaintiff, Creekside Walk Ventures, LLC, for the construction of an apartment c...

Excerpt: ...reasons, the Demurrer to affirmative defenses 3, 30‐32, 35‐39 and 41 is sustained, with leave to amend Analysis The standard for a demurrer to an answer is whether the answer states facts sufficient to constitute a defense. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) A defendant must set forth only the “essential facts” of the affirmative defense, “sufficient to acquaint [plaintiff] with the nature, source and ext...

Excerpt: ...aintiff Kathleen Lewis alleges she tried to purchase a mobilehome located in a mobilehome park owned and operated by Defendant LH Concord Property, LLC ("LH Concord"). She alleges her residency application was improperly denied, that the owners of the mobilehome she wanted to purchase sold the mobilehome to another buyer, and Plaintiff was forced to purchase a more expensive mobilehome elsewhere. She alleges seven causes of action against LH Conc...

Excerpt: ...24, 2018, when a tree branch on the property of Pepperhill fell on him as he was walking on an adjacent sidewalk. Pepperhill filed a Cross‐Complaint for Equitable Indemnity, Contribution, and Declaratory Relief against A Plus. A Plus demurs, arguing the Cross‐Complaint fails to state a cause of action for indemnity, is uncertain in failing to allege what A Plus did wrong, and, to the extent it is based on a contract, fails to state whether th...

Excerpt: ...liability and (2) failure to warn. Plaintiff withdrew his claim for failure to warn and his request for punitive damages on June 18, 2021 but did not otherwise oppose Defendant's Demurrer. In that same filing, counsel for Plaintiff also stated “Plaintiff's own experts are in the process of conducting further tests” and that the “testing required purchase of new garage motors which will arrive June 18, 2021, with anticipated testing by July ...

Excerpt: ... case shall be dismissed against Defendant Zeph Rose. Plaintiff has been designated a vexatious litigant. He filed this case after obtaining permission from the Presiding Judge. When giving Plaintiff permission to file this case, the Presiding Judge ordered Plaintiff to post a $1,000. Now, Defendant Rose seeks an order requiring Plaintiff to post an additional security in the amount of at least $75,000. Procedural Objections Plaintiff argues that...

Excerpt: ...e to file the action from among the available options. Code Civ. Proc. §395.5 (See Sea World, Inc. v. Superior Court (1970) 13 Cal.App.3d 100, 103 (discussing disjunctive nature of former constitutional provision, now enacted as statute in Code Civ. Proc. section 395.5, giving plaintiff a choice of bringing an action in any county that will satisfy one of the available venue options). There is a presumption that the county in which the plaintiff...

Excerpt: ...e default judgment is set aside. Defendants shall file their answer to the Complaint by July 26, 2021. The Court in its discretion declines Plaintiff's request for attorneys' fees and costs. Factual Background Plaintiff CoolSystems, Inc. filed a complaint for breach of contract, conversion, claim and delivery and other causes of action against Brace and Ms. Constantino on January 22, 2021. Generally, Plaintiff alleges that it manufactures and dis...

Excerpt: ...: 160 118 4571 Passcode: 456516 Before the Court is a motion to set aside default pursuant to Code of Civil Procedure section 473(b), filed by Defendants, Nexus Services Inc., a Georgia corporation and Libre Nexus Inc., a Georgia corporation (“Defendants”). Defendants bring this motion on the grounds that the default was entered because of their mistake, excusable neglect, and surprise. Brief Factual and Procedural Background The underlying C...