Excerpt: ... Cucho struck the bus head‐on on San Pablo Road, injuring Ms. Ifraz. She sued the driver Mr. Cucho and defendant Mr. Pacahualo who was the registered owner of the vehicle. (References in this tentative ruling to "Mr. Cucho's truck" or "Mr. Cucho's vehicle" are for convenience and refer only to the vehicle he was driving, recognizing the vehicle was apparently titled to Mr. Cucho's father.) Ms. Ifraz added Scavengers as a defendant by a Doe amen...

Excerpt: ...NT: 07 HEARING DATE: 04/16/21 ‐ 3 ‐ Defendant Spare Time moves for summary judgment on the grounds that the Membership Agreement signed by Plaintiff's mother and guardian ad litem, Melissa Xavier, waived all Plaintiff's claims and released Defendant from any liability for Plaintiff's alleged personal injuries resulting from any negligence on Defendant's part and/or arising out of the use of Defendant's facility. Defendant also moves on the gr...

Excerpt: ...on for Leave to File a First Amended Complaint.” Defendants maintain the Court order the motion to be filed within two weeks of the CMC. However, that is not stated in the Court's Minute Order. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/16/21 ‐ 8 ‐ Secondly, motions for leave to amend the pleadings are directed to the sound discretion of the court. Ordinarily the judge will not consider the validity of ...

Excerpt: ... demurrer to the first through eighth causes of action, as well as the eleventh cause of action for IIED is sustained. The District's demurrer to the twelfth cause of action for wrongful termination, as well as the thirteenth and fourteenth causes of action, is overruled. The demurrer by the remaining defendants (“Individual Defendants”) is sustained. Should any party contest this ruling, they should be prepared to discuss whether Nazir v. Un...

Excerpt: ...rchase of a Wolf range. The Court filed reflects plaintiff appeared at the first case management conference on February 19, 2020, which was continued to June 9, 2020 at that hearing. Plaintiff then failed to appear at the June 9, 2020 CMC, and at the continued CMC set for August 18, 2020. The Court issued an order to show cause as to why the case should not be dismissed for failure to appear and failure to prosecute ("OSC") which was set for hear...

Excerpt: ...l a final determination is reached in Nubia Alvarez, et al. v. SRG Operating, Inc. dba Coventry Place, San Francisco County Superior Court, Case No. CGC‐ 20‐583540, and Andrea Picos, et al., v. SRG Operating, Inc., Los Angeles County Superior Court, Case No. 20STCV2929, or until further order of the Court. Background In this wage and hour case, plaintiff was employed by SGO as a non‐exempt hourly caregiver from December 2017 to August 2019....

Excerpt: ...ign object in defendant Panda's food. Plaintiff complains in this second lawsuit about four subpoenas for medical records that defendants, which include Panda and its attorneys, issued in the original lawsuit. Plaintiff complains that these subpoenas, to various Kaiser facilities, violated his rights because they sought “all” his medical records. Plaintiff had treated at Kaiser since 1972, so the subpoenas covered 47 years of medical records....

Excerpt: ...In or about February 2016, Defendants hauled away her fencing material and other property from the yard and refused to return her property. She filed this conversion, theft by embezzlement, and violation of the Unruh Act. Meet and Confer (CCP §§ 430.41 and 435.5) Code of Civil Procedure § 430.41 provides: “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who...

Excerpt: ...posts are protected activity. Plaintiff does not oppose this point. The Court agrees with Defendant that the statements made on realtor.com and yelp.com are protected activity. (Code of Civil Procedure § 425.16(e)(3).) Commercial Speech Plaintiff argues that the commercial speech exception applies here. Plaintiff has “[t]he burden of proof as to the applicability of the commercial speech exemption… .” (Simpson Strong‐Tie Co., Inc. v. Gor...

Excerpt: ... writ portion of this case. Defendants made no showing that the Court's order on the writ was final for purposes of issue or claim preclusion. Thus, those doctrines do not apply. Both parties have failed to discuss the law of the case doctrine and the standards for when a trial court may reconsider its rulings. “Where an appellate court states in its opinion a principle or rule of law necessary to its decision, that principle or rule becomes th...

Excerpt: ...019: the Third Cause of Action for negligence, the Fourth Cause of Action for intentional fraud, and the Fifth Cause of Action for negligent misrepresentation. The motion is granted without leave to amend as to defendant SLS. The motion is moot as to defendant U.S. Bank, because that defendant is not named in the three causes of action that are the subject of the motion. (4AC, p. 8:25‐26; p. 10:4‐5; p. 11:16‐17.) Defendants have already fil...

Excerpt: ...wned by Chesley. Chesley was served with the complaint on January 27, 2020. (ACC ¶ 2.) Chesley filed claims with the County and with cross‐defendant East Bay Municipal Utilities District ("EMBUD") on July 1, 2020. (ACC ¶ 2.) On July 2, 2020, Chesley filed a cross‐complaint against the County and EMBUD for indemnity and declaratory relief. On August 11, 2020, the County rejected Chesley's claim. Chesley filed its ACC on December 11, 2020, al...

Excerpt: ...to clean her attic and blow in new green fiber cellulose R‐38 for a total of $3,388.27. (Complaint, ¶10.) A deposit of $376.48 was paid and Attic Masters immediately started the work. (Ibid.) About 20 minutes after the job began, a hole in the suction hose allowed material sucked from the attic to enter and spread into the house. (Complaint, ¶11.) The hose was immediately turned off and Attic Masters attempted to clean to house and spray Lyso...

Excerpt: ...ss is defined as follows: “All current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the State of California at any time during the period from four years preceding the filing of this Complaint to final judgment.” According to the Declaration of Ingrid Garcia, human resources director for VICI Incorporated, who also serves as the custodian for certain business records, VICI has employed approxi...

Excerpt: ...laint 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 having been produced by Valley NHD, an entity controlled by PMZ, and marked up the price paid (from either $39 or $49 each to $88.95 each) without doing any additional...

Excerpt: ...y overtime, failure to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/08/21 ‐ 9 ‐ provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. More specifically, plaintiff alleges that defendant did not reimburse for cell phone expenses even though a cell phone is needed for use of its mobile application, that defendant failed to pay for time worked traveling between patients...

Excerpt: ...(also referred to herein as “defendant” or “GM”) shall file and serve its answer to the FAC on or before April 19, 2021. Factual Background Plaintiff, Steven Bang, alleges he purchased a new 2017 Chevrolet Silverado 1500 from an undefined “Seller” on or about April 30, 2017 for personal, family, and/or household purposes. (FAC, ¶¶4‐5.) He walked the dealership (Concord Chevrolet) in search of a vehicle, while assisted by a salespe...

Excerpt: ...nted as to Issues 1 and 3 and denied as to Issues 2 and 4. Background Plaintiff Solvay USA Inc.'s predecessor, Rhone‐Poulenc Inc., owned property commonly known as 525 Mass Avenue in Richmond. As part of an eminent domain action involving a portion of the property for purposes of constructing the Richmond Parkway Freeway, Defendant City of Richmond entered into a Right‐of‐Way Contract with Rhone‐Poulenc on or about May 15, 1996. The City ...

Excerpt: ... of Action Stephen Sutta alone demurs to the First Cause of Action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/07/21 ‐ 2 ‐ The First Cause of Action alleges that Sutta gave plaintiff a 10% ownership interest in Sutta‐Tacoma in 2009 and in early 2013 increased that to 20% in lieu of cash bonuses. (4thAC, ¶ 7, 8.) Sutta‐Tacoma merged with several other companies in December 2013 to form The Sutta Compa...

Excerpt: ...of action were not numbered, but each claim had a separate heading and a separate request for relief. Defendants demur to cause of action one based on the failure to state a cause of action for intentional infliction of emotional distress. The complaint alleges that Plaintiff was a tenant at Defendants' property. Plaintiff provided notice of termination of the tenancy to Defendants with an intent to vacate on April 27, 2020. (Comp. ¶2.) Plaintif...

Excerpt: ... and on a showing that “there is a reasonable possibility that the moving defendant will obtain judgment in the action”. (Code of Civil Procedure §1030(a).) If the defendant meets both criteria, the court “shall order that the plaintiff file the undertaking in an amount specified in the court's order as security for costs and attorney's fees.” (Code of Civil Procedure §1030(c).) The Court's finding on whether the defendant has a reasona...

Excerpt: ...T: 07 HEARING DATE: 04/02/21 ‐ 4 ‐ Background This case involves allegations by Charles Gonzales that Alan Summers and SeronelloSummers Inc. (“Seronello‐Summers”), who are in the business of brokering residential mortgage loans, fraudulently concealed debt on property, while securing a second mortgage loan from Gonzales, which would result in losses for Gonzales. (See First Amended Complaint, filed June 9, 2020.) Summers and Seronello�...

Excerpt: ...lle Vitetta and Darryl Henline, her landlords, over habitability issues. Plaintiff's process server states that he served defendants on October 26, 2020, by personally serving them. The service was made at 1228 Roosevelt Avenue, in Richmond, California. Before conducting the service, plaintiff's attorney conducted an online search, which showed that defendants have owned that property since 2014. In addition, defendants list that property as thei...

Excerpt: ... her guardian ad litem Maria Munoz). Plaintiffs seek to amend their complaint to add claims for punitive damages against the Landsea Defendants (Landsea Homes of California, Inc. and Landsea Holdings Corporation) and allegations in support. For the reasons described further, below, the motion for leave to amend is granted. Analysis As a threshold issue, the Landsea Defendants argue, without authority, that Department 12's ruling granting their mo...

Excerpt: ...is granted, as discussed below. Background On July 22, 2016, plaintiff filed its complaint alleging anticompetitive activity on the part of certain defendants. Those defendants were Richmond Patient's Group, Holistic Healing Collective, Inc., 7 Stars Holistic Foundation, Inc., William Koziol, Darrin Parle, Alexis Parle (aka Alexis Koziol), Rebecca Vasquez, Zeaad M. Handoush, Lisa Hirscchorn, Antwon Cloird, Cesar Zepeda, and Does 1 though 50. Alad...