Excerpt: ...enth, and Thirteenth Causes of Action. Plaintiff argues these causes of action are based on Plaintiff's protected activity and in retaliation for Plaintiff's exercise of her protected rights to free speech and to petition. Defendant/Cross‐Complainant Yuriy Galeev filed this cross‐complaint on December 10, 2020. It appears that Galeev's Proof of Service of the cross‐complaint is incorrect. At the case management conference of May 20, 2021, t...

Excerpt: ...around Bolla's investment into litigation activities conducted by Dunken. Essentially, it appears Bolla invested money in the hopes that he would later receive a portion of any portion of a settlement or judgment Dunken recovered in various product defect cases. That investment arrangement apparently was memorialized in four separate note purchase agreements (the “NPAs”). The operative complaint pleads a separate cause of action for breach of...

Excerpt: ... court strikes, without leave to amend, any request in the First Amended Complaint for an award of punitive damages against defendant Wild Idol, LLC dba The Aloha Club. (See, e.g., paragraph 23 and paragraph 9 of the Prayer.) Background This is a suit for wrongful death. Defendant Keith J. Brown was an employee of defendant The Aloha Club when he consumed alcohol to the point of intoxication on the night of October 6 and early in the morning of O...

Excerpt: ...fornia Star Remodeling, Inc. doing business as Citychamp Construction entered into a construction contract (Prime Contract) whereby Citychamp agreed to act as general contractor for extensive renovations and remodel of the Subject Property. There were numerous deficiencies and defects in the work performed by Citychamp and its subcontractors. Plaintiff allegedly terminated the contract on or about February 11, 2020. Plaintiff seeks disgorgement o...

Excerpt: ...fendant's motion is denied, without prejudice. Background Facts This dispute arises from Defendant Antonio Aceves' incident with Plaintiff Ricardo Martinez at Pizza Guys owned by Defendant Sauman, Inc. and located at 8610 Brentwood Boulevard in Brentwood. (Complaint at ¶ 4.) Plaintiff Ricardo Martinez alleges he saw that Defendant Aceves did not wash his hands before preparing food. (Id.) Following this, Plaintiff submitted an email to Pizza Guy...

Excerpt: ...COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/24/21 ‐ 6 ‐ defense counsel sent an email inquiring about the discovery, to [email protected]. Apparently, this resulted in an extension, because on January 25, 2021, defense counsel sent another email to the same address, stating that an extension had been granted but that it had expired. Defense counsel granted plaintiff's request for another extension, and resp...

Excerpt: ...r meal and rest breaks, and failure to provide accurate itemized wage statements. The total settlement payment is $790,000. This is composed in part of attorney's fees of $263,333.33 (one‐ third of the total recovery), $13,706.67 in litigation costs, and a maximum of $15,000 in costs to the settlement administrator. ILYM Group is the administrator. The remainder of the funds, $497,960.60, is a PAGA penalty, which will be distributed 75% to the ...

Excerpt: ...nged since the General Plan was adopted in 1973, prior to plaintiff's purchase. Plaintiff does not dispute most of the factual issues underlying the motion. Those that he does dispute, including the validity of a zoning ordinance passed decades ago, are not material. Summary judgment is granted. The City shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Background This is a land use...

Excerpt: .... This case involves the sale and purchase of a motor vehicle. Plaintiff signed a Retail Installment Sale Contract (“RISC”) for the purchase of a vehicle through the now‐defunct car dealership CMR 36 Motors. The Contract includes the following notice: “ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE ...

Excerpt: ...ial date in this case. On January 25, 2021, the Court gave notice to counsel that the trial was continued to August 30, 2021 as the department was unavailable on August 9, 2021. On June 7, 2021, Counsel for Defendant moved to continue the trial claiming that certain Defendant witnesses are scheduled to be in a trial in Butte County which is scheduled on the same date as this matter. Plaintiff opposes the motion to continue, asserting that the But...

Excerpt: ...ackground Plaintiff Adriana Valdivia and Defendant Armando Ayala each own an undivided one‐half interest, as tenants in common, in Subject Property located at 935 Kilkenny Way in Pinole. Plaintiff alleges she was compelled to vacate the Property on May 15, 2019. Defendant has occupied the Property exclusively since Plaintiff vacated the Property. Before this action was CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE...

Excerpt: ...as injured while he was participating in a nuisance abatement project in the City of Richmond. The owner of the property had hired plaintiff's employer to remove vehicles, boats, and sheds from the property. At the time, two public safety officers from the City of Richmond were present as well, “securing and rendering safe” the abatement project, specifically with respect to “unauthorized occupant issues.” Plaintiff was shot by a loaded a...

Excerpt: ...oss‐Complainants”) Cross Complaint (“XC”) for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) rescission, (4) lost profits, and (5) elder abuse. Cross‐ Defendant moves for summary adjudication pursuant to Code of Civil Procedure § 437c against the causes of action for (3) rescission and (5) elder abuse on several grounds. For the following reasons, the Court grants‐in‐part and denies‐in‐pa...

Excerpt: ...�� which occurred before the two falls shown near the check stand in the video that Safeway produced. (See Undisputed Material Fact No. 8; Disputed Material Fact Nos. 1, 2, 9, 11; Nikolskaya Declaration; Discharge Summary from John Muir Medical Center attached as Ex. B to the N. Shahan Decl.; the video that Safeway produced; and the documents showing that Safeway did not produce all video that plaintiff requested.) Based on all the evidence the c...

Excerpt: ...sta Deputy Sheriff Officer Kevin Escover responded to an automobile collision in Danville at approximately 8:09 p.m. Petitioner Michael Cho's vehicle had veered into a parked car. Petitioner admitted to drinking three glasses of wine prior to driving. According to Officer Escover, Petitioner showed objective signs of intoxication and performed poorly on the field sobriety tests. The preliminary alcohol screening (PAS; roadside breathalyzer) showe...

Excerpt: ...'s counsel for approval as to form. The basis for this ruling is as follows. A. Defendant's Argument. Defendant summarizes defendant's main opposition argument as follows: The Award in the instant case violates Mr. Weiner's statutory rights under Civil Code §1916.2 [sic — incorrect citation] because even though Ms. Seidman “construed” the Loan Agreement to allow for compound interest and filed litigation to recover the same, she was nevert...

Excerpt: ...an order to show cause (“OSC”) re why defendant and defendant's counsel should not be sanctioned under sections 128.5 and 128.7 of the Code of Civil Procedure, to be heard at the same date and time. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 06/18/21 ‐ 17 ‐ The parties need not file any further papers. If the parties choose to do so, all such papers shall be filed and served in accordance with the ordina...

Excerpt: ...le question for resolution; namely, whether it is appropriate to pierce the corporate veil of Rainier DSC 15 LLC under Delaware law. Legal Standard Applicable to Summary Judgment Hess contends that this action has no merit under CCP section 437c(a)(1). Section 437c(p)(2) supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action has no merit if the party has shown t...

Excerpt: ...ode of Civil Procedure Section 387(d)(2). The Court may allow intervention in an ongoing suit where the proposed intervenor has a direct and immediate interest in the litigation; the intervention will not enlarge the issues in the case; and the reasons for intervention outweigh any opposition by the parties. Truck Ins. Exch. v. Sup. Ct., 60 Cal. App. 4th (1997). This is a fact‐specific inquiry that is generally left to the sound discretion of t...

Excerpt: ...ickson was appointed as the personal representative of the estate. (SAC ¶ 5.) Plaintiffs filed a creditor's claim on December 4, 2019 and a corrected creditor's claim on December 5, 2019. (RJN E, SAC ¶7.) Defendant rejected on this claim on February 13, 2020. (RJN E; SAC ¶8.) The Register of Actions for the probate case (MSP19‐00912) shows that rejection was filed on February 24, 2020. After a demurrer, Plaintiffs filed a second amended comp...

Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 2 ‐ abandoned vehicle that Plaintiff later learned was driven by Defendant Kenneth Faul, II. Plaintiff is informed and believes that the vehicle driven by Faul was owned by Defendant Getaround, Inc. Plaintiff filed this action for negligence and motor vehicle (property damage and personal injury) on May 12, 2020. Plaintiff's request for entry of default aga...

Excerpt: ...tractors, including Custom Marble. With the assistance of a mediator, Custom Marble and Kiper reached an “issue release” settlement for $12,500 subject to a judicial determination that the settlement was in good faith, which was issued in September 2020. Custom Marble and Kiper's agreement contemplated further negotiations as to pre‐litigation Crawford fees, though they agreed any defects or damages arising from Custom Marble's scope of wor...

Excerpt: ...ourt must order arbitration if it determines that a valid agreement to arbitrate exists. Here, one does, as discussed below. Background In February 2016, plaintiff was hired as a cook by defendant. Defendant is a subsidiary of Peak Restaurant Partners, LLC, which operates 40 IHOP restaurants in seven states. (See Decl. of Patricia Martinez in Support of Motion, “Martinez Decl.,” ¶¶2‐ 4.) Plaintiff, a non‐English speaker, signed a number...

Excerpt: ...isor, Defendant Paul Larkin, routinely harassed Plaintiff due to his disability. Plaintiff continued to report the harassing behavior and CVS failed or refused to protect Plaintiff from the harassment Plaintiff alleges CVS wrongfully, constructively terminated him on or about June 23, 2020. Plaintiff filed this action for discrimination, harassment, and wrongful termination on December 16, 2020. Motion Pursuant to 9 U.S.C. §§ 1, et seq., Defend...

Excerpt: ... class action complaint alleging that defendant violated the Labor Code by failing to provide meal and rest periods, and premium pay. PAGA allegations were added in the Second Amended Complaint, filed September 14, 2020. The submitted materials document that initial PAGA notices and notice of the settlement were provided to the LWDA. The settlement would create a gross settlement fund of $630,000. The class representative payment would be $7,500....