Excerpt: ...bar Kessler from proceeding with an unlawful detainer action, harassing the Foundation's tenants and interfering with their quiet enjoyment, interfering with the Foundation's contractual relationship with the Department, and interfering with its agreements with its subtenants. (Cross‐ Complaint, ¶ 104.) Kessler filed the instant anti‐SLAPP motion under CCP § 425.16 on April 6, 2021. He asks the court to strike the entire eleventh cause of a...

Excerpt: ...has dismissed that cause of action. Any amended Cross‐Complaint shall be filed and served on or before July 1, 2021. Background Kessler demurs to multiple causes of action, but one main theme is consistent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 12 ‐ throughout: the Foundation may not sue for the damages it seeks, lost profits, because (1) under the Berkeley Rent Stabilization Ordinance (the ...

Excerpt: ...(f), and for failure to state a claim on which relief can be granted under Code of Civil Procedure § 430.10(e). Plaintiff shall file her Second Amended Complaint by June 30, 2021. Background The Amended Complaint alleges claims for violation of the Song‐Beverly Consumer Warranty Act, Civil Code § 1790 et seq. ("Song‐Beverly Act") without identifying separate causes of action in the text of the pleading. (Am. Compl. ¶ 5.) Plaintiff alleges ...

Excerpt: ....” (Further Opposition, filed on 5‐28‐21, p. 3, Part II‐B.) The matter now before the Court is titled as follows on the computer docket: “SPECIAL SET HEARING ON: RECONSIDERATION OF MOTION FOR SUMMARY JUDGMENT SET BY JUDGE BURCH.” It would appear that no party has a pending motion before the Court, either a motion for reconsideration or a motion for summary judgment. Rather, the parties have filed papers in response to Judge Burch's in...

Excerpt: ...nst their landlords for claimed habitability issues. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 06/14/21 ‐ 4 ‐ The landlords are a married couple, Dimas Cruz and Maria Vasquez. Upon appearing in this action, Cruz filed a cross‐complaint for indemnity and damages against his wife, Vasquez, on the theory that she was the one responsible for managing this rental property and she should have sole responsibilit...

Excerpt: ...fault and Default Judgment; Motion to Quash is denied without prejudice. Background Plaintiff PCF Insurance Services of West, LLC is the assignee of the written agreement between Defendant Michael Mansel and R.L. Milsner Insurance, Inc. On or about February 1, 2016, Defendant Mansel and R L Milsner Insurance, Inc. entered into a written agreement whereby Mansel sold his property and casualty book of insurance business to Milsner, Inc. On or about...

Excerpt: ...e outcome of the arbitration. For the reasons set forth, the motion to compel arbitration is granted, and the motion to stay the action pending completion of the arbitration is also granted. Factual Background Plaintiff purchased a 2015 Mercedez‐Benz vehicle from defendant MBWC in 2017. The vehicle was manufactured by MBUSA. Plaintiff's complaint alleges four causes of action against MBUSA, including violations of the Song‐Beverly Consumer Wa...

Excerpt: ...d Complaint (“TAC”). The TAC alleges seven causes of action: (1) elder abuse; (2) negligent breach of fiduciary duty; (3) fraud; (4) attorney fees against all defendants; (5) attorney fees against Venhauses; (6) abuse of process; and (7) punitive damages. Defendant demurs to the entire TAC pursuant to Code of Civil Procedure § 430.10(b) on the grounds that Plaintiff does not have the legal capacity to sue, as well as each individual cause of...

Excerpt: ...d cross‐complainant SWA Group on January 4, 2021. Roebbelen's demurrer is sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10, subd. (e).) Roebbelen shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to SWA's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Ca...

Excerpt: ...e June 21, 2021. Background In November 2017, Attic Masters was hired to perform work for Leah Marthinsen and Miguel Quinonez‐Skinner (“Homeowners”). Specifically, the work involved removing existing insulation and blowing in new insulation. (Cross‐Complaint, ¶¶9‐ 10.) In November 2018, Homeowners sued Attic Masters and its principals, Lynette Watkins and Moshe Gohar (collectively, “Attic”), claiming that the job was improperly pe...

Excerpt: ... Danville Boulevard in Alamo. The Lease term was set for five years, until October 1, 2023. The Lease contained a provision that Lessee shall not assign, transfer, mortgage, encumber, or sublet all or any part of Lessee's interest without Lessor's prior written consent. Plaintiff attempted to sell the business and proposed two assignees, whom Defendant approved and later rescinded the consent. Plaintiff filed this action for breach of contract (f...

Excerpt: ...tlement Terms The original complaint was filed October 7, 2019. It is a class action complaint, on behalf of two classes of employees. One class is General Class Members, who allegedly were misclassified as “exempt” employees, and therefore did not receive appropriate paychecks, were not paid for all hours work, and did not receive rest or meal breaks. The second class, Wage Statement Class Members, allegedly received wage statements that did...

Excerpt: ..., John Roberts, Carlos Andersen, Baldomero De Leon, Norman Livermore, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/10/21 ‐ 2 ‐ Frank Tzeng, and Anthony Demeo, whose surviving spouse and successor, Linda Demeo, was substituted as plaintiff for Anthony Demeo by the Court's Order filed April 29, 2021 (the "Opposing Plaintiffs"). The IPA's second motion for summary adjudication is granted in part as to the ...

Excerpt: .... CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/10/21 ‐ 10 ‐ On July 27, 2020, ROIC sued defendants for breach of their lease based on nonpayment of rent. The complaint attaches a copy of the lease as Exhibit A ("Pinole Lease"). Defendants filed their answer to the complaint in August 2020. Defendants now seek leave to file a cross‐complaint based on Plaintiff's alleged breach of the Pinole Lease in Novemb...

Excerpt: ...37c (f).) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c (f)(2).) A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., § 437c (c...

Excerpt: ...t counters that plaintiffs have not satisfied the conditions for lifting the stay. (Opposition, pp. 5‐6, Part III‐ A.) Both arguments are based on a mistaken premise. The Court previously stayed this action until one of the following developments occurs:  The Paez action, Paez v. Beverages & More, Inc., Los Angeles Superior Court No. 19‐STCV‐30950, is finally resolved by judgment, settlement, or otherwise.  The coordination motion j...

Excerpt: ...of Business and Professions Code section 17200, negligent / intentional misrepresentation, and declaratory relief. Defendant Ocwen opposes this motion. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) Leave to amend can be denied where there is “ ‘inexcusable delay and probab...

Excerpt: ...granted with respect to the second, third, and fourth causes of action. Plaintiff fails to present evidence of fraud, negligent misrepresentation, and NIED, but as to the alleged breach of oral contract, defendants have failed to shift the burden to plaintiff and triable issues of fact exist. Background This is a dispute between twin brothers, plaintiff Derk Beal (“Derk” or “Plaintiff”) and defendant Derek Beal (“Derek” or “defendan...

Excerpt: ...Amended Complaint (“FAC”) for (1) breach of contract; (2) negligent misrepresentation; (3) specific performance; (4) breach of the implied covenant of good faith and fair dealing; and (5) bad faith. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) breach of contract: all three Liberty Mutual entities demur to this cause of action pursuant...

Excerpt: ...ful foreclosure; (5) constructive eviction; (6) breach of the covenant of good faith and fair dealing; (7) violation of Bus & Prof. Code § 17200 et seq.; and (8) declaratory relief. Defendant demurs to the SAC pursuant to Code of Civil Procedure (“CCP”) § 430.10 on the grounds that Plaintiffs lack standing and fail to allege facts sufficient to state a cause of action. For the following reasons, the Demurrer is continued until August 30, 20...

Excerpt: ...onse to the supplemental papers, the Court will so state in the tentative ruling posted before the continued hearing. The Court requests evidence and briefing on the following issues. A. Unsupported Factual Representations. In the supplemental memorandum filed on April 30, 2021, Thompson Builders makes many unsupported factual statements. These include the following:  Page 1:25–2:3: “The DRBF Manual has gone through three iterations since ...

Excerpt: ... that order is expected. The basis for this ruling is as follows. A. Procedural Posture. The operative pleading is plaintiff's original Complaint, filed on August 8, 2016. Plaintiff — who does not speak English — alleges that he was fraudulently induced to sign a deed transferring to defendant a 100% ownership interest in the subject real property. Plaintiff had intended to gift only a 50% ownership interest. Plaintiff alleged five causes of ...

Excerpt: ...re of a penalty only in actions to redress unfair or deceptive acts or practices, not in actions for compensation for personal injury or for elder abuse involving physical injuries and emotional distress. (See Hood v. Hartford Life & Accident Ins. Co. (E.D. Cal. 2008) 567 F. Supp.2d 1221, 1228‐1229.) The court provides a more complete analysis of this issue below. 7. Denied. 8. Moot because this item in the Prayer is tied to a cause of action a...

Excerpt: ...ered not to sell or otherwise transfer title to the Property. This injunction will expire on January 25, 2022 unless extended by this Court. Additional conditions of the injunction are discussed below. Plaintiff currently lives at a house in Pinole (the Property), which is the subject of this lawsuit. Plaintiff alleges that she had a deal with the Defendants that entitles her to an ownership interest in the Property. Plaintiff also alleges that t...

Excerpt: ... to traveling healthcare staff, by excluding per diem benefits and non‐ discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The class representative payment to plaintiff would be $2,500. Counsel's attorney's fees would be $83,333 (33% of the settlement). Litigation costs would not exce...