Excerpt: ...espects, the motion is granted. Background Facts Plaintiff Dr. Bimal Patel and Defendant Dr. Matthew Sirott are medical doctors and are the managers of 400 Taylor Holdings LLC (“400 Taylor”), whose sole asset was the medical office building located at 400 Taylor Boulevard in Pleasant Hill. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 2016, Dr. Patel, on behalf of...

Excerpt: ...t stated, lived in a condominium unit next door to Michael Luecker's unit. (Compl. ¶¶ 1, 5, A [p. 5].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (Compl. ¶¶ 1, 2, 22, p. 10.) The Complaint appears to allege the owners' association was responsible for the corroded pipes, but that Mr. Luecker was neglig...

Excerpt: ...are seeking to attach the assets of Defendants' trust, the M&K Murphy Family Trust. Standard “Under Code of Civil Procedure section 483.010, a prejudgment attachment may issue only if the claim sued upon is (1) a claim for money based upon a contract, express or implied; (2) of a fixed or readily ascertainable amount not less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commerc...

Excerpt: ...mpetition Law (Bus. & Prof. Code §§ 17200 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, that subsection (b)(2) does not provide a private cause of action, and that Plaintiff has failed to allege his statutory standing for his UCL cause of action. Legal Standard “The function of a demurre...

Excerpt: ...y for convenience, the "Target Businesses"). For the reasons set forth, the motion for appointment of a receiver is denied, and the alternative motion for appointment of a monitor is also denied. Background On September 10, 2020, Plaintiff Janice Alamillo ("Janice") filed a complaint alleging 29 causes of action for conversion, fraud, breach of fiduciary duty, and other claims against Laurence Alamillo, her former spouse ("Larry"), the family com...

Excerpt: ... Cause of Action. The amended complaint shall be filed and served on or before June 23, 2021. Background Plaintiff Land Home is engaged in the business of making, brokering, and servicing residential home loans. Defendant Ernesto Gomez was first hired by Land Home in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originator Employment Agree...

Excerpt: ...quirements have not been met, the application is denied. Background This real estate fraud case involves plaintiff's contentions that his investments in multiple real properties were rendered worthless through acts of defendants, who, spearheaded by real estate developer, Kevin Hampton, transferred debt through a network of LLCs to avoid liability. Abrahams' investments began in 2004, when he became inspired by, and therefore began investing with...

Excerpt: ...Trampas in Alamo. In July 2016, after inspection of the partially completed structures by a qualified general contractor, Plaintiff discovered a number of conditions that were not constructed in accordance with the applicable code, or in accordance with the plans. Plaintiff this action negligence, breach of oral agreement, breach of express and implied warranties, and professional negligence. On February 18, 2018, Defendant Clifford Barbera filed...

Excerpt: ...t shall be filed and served on or before June 11, 2021. Background Plaintiff alleges various causes of action concerning the death of her mother on May 10, 2017 while a patient at Kaiser. Plaintiff alleges that, in an act of elder abuse, nurse Kiral improperly withheld oxygen from plaintiff's mother on May 9 or 10, 2017, and that her mother also died because she was mis‐prescribed Digoxin and Warfarin for years and was taken off Digoxin in 2016...

Excerpt: ...t damage to plaintiff's personal property. (FAC, ¶¶2, 43‐44.) After the subject incident, CSAA, the homeowner's insurance company of plaintiff's landlord, filed a complaint against defendant Whirlpool Corporation in Santa Clara County Superior Court to recover damages caused by the defective refrigerator. (FAC, ¶43.) After filing suit, and without informing plaintiff of any intent to permanently alter the refrigerator, CSAA took possession o...

Excerpt: ...bor Code by failing to include all discretionary incentive pay in the regular rate of pay for purposes of calculating overtime, failing to provide proper expense reimbursements, failing to pay wages for time spent at mandatory meetings, failing to provide meal and rest breaks, waiting time penalties, and non‐compliant wage statements. Previously, on February 8, 2019, Molale had filed a complaint in this county making CONTRA COSTA SUPERIOR COURT...

Excerpt: ...; (8) negligent property inspection; (9) breach of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/27/21 ‐ 22 ‐ implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) o...

Excerpt: ...lly, failure to join the trustee of the trust alleged in the Complaint. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (20...

Excerpt: ...c., and Essex Property Trust, Inc. The only relationship these third parties have to this case is that each is a former employer of Johnson. The subpoenas seek information related to plaintiff's past compensation, employment applications, hours worked, work schedule, attendance records and complaints. Johnson moves to quash the subpoenas, arguing that the information is not relevant to this case, invades his privacy, and is for purposes of harass...

Excerpt: ...chased a vehicle from non‐party Michael Stead's Auto Depot (the Seller). Plaintiff then experienced a number of problems with the vehicle. Plaintiff raised these problems with the manufacturer, FCA, but the problems were not fixed. Plaintiff took the vehicle to FCA authorized repair dealerships, including to McKevitt. Plaintiff is now suing FCA for a number of warranty related claims and one fraud claim and suing McKevitt for negligence in repa...

Excerpt: ...iff's reputation. Plaintiff served Defendant Yang with summons and complaint by alternative means on August 31, 2018. After numerous attempts at personal service and after three attempts made by the Canadian government under The Hague Service Convention, Plaintiff obtained a court order to serve Defendant Yang by posting the summons and complaint at his house and simultaneously mailing to Defendant. Plaintiff obtained a court order to serve Yang ...

Excerpt: ...he Court's findings below, the motion is granted. AB shall lodge an appropriate order in compliance with Cal. R. Ct. 2.551. Sealing Motion ArcByt, Inc. ("AB") filed a demurrer to Plaintiffs' Complaint and a motion to strike. In support of its demurrer and motion to strike, AB filed the Declaration of Kimberly Lembo Abrams which attaches 11 exhibits. AB has moved for an order allowing certain portions of those exhibits to be filed under seal, with...

Excerpt: ...a preliminary matter, the Estate requests the Court take judicial notice of the complaint in this matter. The request is denied. The complaint is part of the Court's file in this matter, and so judicial notice is superfluous. The Court may consider the pleadings in this matter in connection with deciding the MSJ. Legal Standard The Estate contends that this action has no merit under CCP section 437c(a)(1). Section CONTRA COSTA SUPERIOR COURT MART...

Excerpt: ...t and second causes of action, with leave to amend, and otherwise overruled, as further discussed below. Any amended complaint shall be filed and served by June 4, 2021. Background In June 2015, parties entered into a lease agreement whereby Fitness International agreed to lease property from National Retail in order to operate a “health club and fitness facility.” (FAC, ¶14; see also Lease, Exhibit A to First Amended Complaint, at § 9.1.) ...

Excerpt: ... a written lease), violation of state statutes (Civil Code §1941.1, Health & Safety §17920.3), negligence and a Business and Professions Code section 17200 claim. Defendants argue that the breach of contract claim fails because Luis Flores did not have a rental contract or other agreement to live at the property. Defendants argue that the remaining claims fail because there was no landlord‐tenant relationship between Flores and the Defendants...

Excerpt: ...ted to the sound discretion of the court. After review of the Plaintiff's proposed Second Amended Complaint, Plaintiff's Response to Defendant's Opposition, and Plaintiff's previous filings in support of the motion, the Court finds the additional allegations fail to allege actual fraud. As the claims sound in legal malpractice, they are subject to the one‐year statute of limitations set forth in Code of Civil Procedure 340.6. Ordinarily the jud...

Excerpt: ... (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, and (4) declaratory relief. The Motion seeks an order striking the FAC in its entirety, or in the alternative, striking all of Plaintiff's claims against Defendant Sam Limones, the third cause of action for negligence (FAC ¶¶ 15‐40), and/or the fourth cause of action for declaratory relief (FAC ¶¶ 30‐40.) Defendants move pursuant to CCP §�...

Excerpt: ... (b) 6th C/A for negligence ‐ overruled; (b) 11th, 12th and 14th C/As ‐ sustained without leave to amend and without prejudice to Plaintiffs pursuing the relief sought by those causes of action by appropriate petition or proceeding under the Probate Code before the Probate Division of the Court. In light of the supplemental Case Management Conference statements and this ruling, Plaintiffs are also granted leave to amend the SAC to the extent ...

Excerpt: ...kground This case presents the issue whether a cross‐defendant may continue to prosecute a cross‐ complaint for equitable indemnity against an alleged joint tortfeasor whose demurrer to the plaintiff's complaint was sustained without leave to amend. Under the circumstances of this case, the court concludes the answer is yes. The court grants the unopposed Request for Judicial Notice filed April 2, 2021. It takes judicial notice of the existen...

Excerpt: ... is denied. Petitioner Main St shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Ms. Heppner. The proposed judgment shall attach a copy of the Final Award dated March 10, 2021 as a properly tabbed exhibit to the judgment. (Cal. R. Ct. 3.1110(f).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/20/21 ‐ 2 ‐ Factual Background This dispute arises out of a buy‐out provisi...