Excerpt: ...i
¯ has leave to amend and shall Þle and serve any amended complaint by February 15, 2024. A. Background Plainti
¯, Homeport Insurance Company, Þled this medical negligence action “for itself and as assignee of Veronica McRae […].” The First Amended Complaint (“FAC”) alleges a single cause of action for medical negligence against San Ramon Regional Medical Center (“SRRMC”), Narendra Malani, M.D. (“Malani”), and Nirja P. Shah...

Excerpt: ...d Thompson (“Plainti
¯” or “Thompson”)s First Amended Complaint for (1) violations of California Civil Code § 2923.6; (2) violations of Civil Code § 2923.7; and (3) violation of Bus. & Prof. Code § 17200, et seq. Defendant demurs to Plainti
¯s causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (g) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Stan...

Excerpt: ... who move to set aside a stipulated judgment between Je
¯ Mini and others who are the plainti
¯s in a complaint in intervention (“Intervenors”) and defendant U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgages Trust 2007-2 Mortgage Pass-Through CertiÞcates, Series 2007-2 (“US Bank”) entered by the Court on November 3, 2023. The motion is supported by a memorandum of points and authorities and a request for j...

Excerpt: ...murrer p. 1: 25-26.) For the following reasons, the demurrer is overruled. Meet and Confer Requirement Defendant satisÞed his meet and confer requirement regarding their demurrer in detailing their meet and conger e
¯orts with Plainti
¯'s counsel in the Declaration of James J. Astuno Jr. Defendant's counsel detailed their communications with Plainti
¯'s counsel from November 3 through November 7, 2023, mentioning exchanges of e-mail and phone...

Excerpt: ...orting to show service on November 8, 2023. The Þrst motion to quash (Line 10) is granted. As to the second motion (Line 11), plainti
¯ and counsel to appear (Zoom okay) to discuss whether or not plainti
¯ has belatedly complied with the requirement of mailing. This case arises from a car loan and repossession. In plainti
¯'s c u r r e n t pleading, his Þrst amended complaint, there are only two defendants. Simple Cash Loans, Inc. (dba Monta...

Excerpt: ...rd Code of Civil Procedure § 437c(o)(1) and (p)(2) provides the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant or cross-defendant has met his or her burden of showing that a cause o...

Excerpt: ...n clean and rentable condition. Defendants propounded routine written discovery to plainti
¯, to which plainti
¯ has not timely responded. This motion for a protective order does not dispute the content or form of the discovery. The motion contends only that “plainti
¯” should be granted a protective order, of undeÞned duration, due to “plainti
¯'s” inability to respond to discovery for medical reasons. “Plainti
¯” is said to be...

Excerpt: ...eek the Court's approval of it as a good-faith settlement. Defendant Taylor Morrison has belatedly Þled an objection to the good- faith settlement. Taylor Morrison's basic argument is that although the settlement motions say the settlement releases plainti
¯'s claims against everyone – including Taylor Morrison – for all claims relating to the sub-soil work, Taylor Morrison raises doubts about whether the release e
¯ectively being provided...

Excerpt: ...th leave to amend as to defendant Steven Thomas. Plainti
¯ is given to February 23 in which to Þle and serve a second amended complaint. If it elects not to do so, Steven Thomas will be dismissed as a defendant, as the FAC's other cause of action is not asserted against him. Defendants request judicial notice of the FAC. The Court does not need judicial notice for a pleading in its own case docket. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COU...

Excerpt: ... and has health problems which could prejudice her interests in the litigation should preference not be granted. Defendant, Chateau Pleasant Hill dba Carlton Senior Living Pleasant Hill-Martinez (hereinafter “Carlton”), opposes the motion. Based on the evidence provided by plainti
¯, the Court Þnds that preference is warranted. The Court grants the motion and will set trial date within 120 days. Code of Civil Procedure, § 36(a) states that...

Excerpt: ...arch 4, 1972,” and their eighth cause of action for Declaratory Relief. Plainti
¯s' unopposed Request for Judicial Notice is granted. (Cal. Evid. Code § 452 (c), (d), (h).) Plainti
¯s' motion for summary adjudication is denied for the reasons set forth below. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identiÞed as 3506 Echo Springs Road, in L...

Excerpt: ...mended complaint by February 5, 2024. Defendant's time to answer shall run from that date. l. Requests for Judicial Notice In support of both the demurrer and moton to strike, defendant requests judicial notice of the February 24, 2021, Proposed Statement of Dec:ision in the underlying suit. The request is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/26...

Excerpt: ...ing uncertain, ambiguous and unintelligible, and for failure to allege sufficient facts to state a claim. (Code Civ. Proc. SS 430.10(e) and 430.10(f).) For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants satisfy their meet and confer requirement regarding their demurrer in detailing their efforts in reaching out to Plaintiff's counsel on September 15, 2023, by email and September 29, 20...

Excerpt: ...ion petition, and recommends that the coordination proceedings be SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/25/2024 11 assigned to San Francisco Superior Court. Coordination All parties are in agreement that these cases are complex under California Rule of Court 3.502. They are likewise in unanimous agreement that these actions should be coordinated, proceeding ...

Excerpt: ...violation of Labor Code SS 1194 and 510; (3) violation of Labor Code S 2802; (4) violation of Labor Code S 226; (5) violation of Labor Code SS 201-204; (6) violation of Labor Code S 2598 et seq.; and (7) Business and Professions Code S 17200 et seq. Defendant moves pursuant to the Federal Arbitration Act to compel Plaintiff to submit all individual claims and non-representatve PAGA claims asserted in his FAC to arbitration. Defendant also moves o...

Excerpt: ... packets were returned by the post office. Follow up resulted in 14 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant is a financial services company offering a variety of services. Plaintiff was employed there in a non-exempt offce position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were add...

Excerpt: ...emailed to corrected addresses, leaving 2 undeliverable. There have been no objections or requests for exclusion. The motion is granted, subject to clarification as to the proposed dates of payment (see below). Counsel are to appear (Zoom okay) to clear this point up. A. Background and Settlement Terms Defendant operates two car washes located in Concord and Fremont. Plaintiff has been employed there as a car washer since the mid-2000s. The origi...

Excerpt: ...issolution of partnership) or seventh cause of action (declaratory relief). The Court notes that it does not appear that anpne in this case contends that there is any partnership to be dissolved, however, so count 3 may be moot. The Court further notes that the SAC as filed had two plaintiffs, namely Olivarez personally and JR National Floral Network, LLC (referred to by all parties as "JR LLC"). Plaintiff has since filed a dismissal with prejudi...

Excerpt: ...ic's separate statement does not comply with Cal. Rule of Court 3.1350(f)(2) because it does not contain a statement as to whether each UMF in Cutting Edge's Separate Statement is disputed or undisputed. The Court was able to determine, however, that Republic does not dispute any of Cutting Edge's relevant material facts by looking to both Republic's "Objections to Separate Statement" and its own separate statement. Cutting Edge's Request for Jud...

Excerpt: ... Construction Co. ("General Contractor") to perform masonry work at a residential construction project in Alamo (the "Project"). (Def. Separate Statement ("SS") of Undisputed Material Facts ("UMF") 5, 6, 8, 9, 62, 63, 65, 71.) Defendant Albert D. Seeno Construction Co., Inc. ("Manager") is the managing member of the General Contractor. (UMF 52, 66.) Dominguez alleges he was seriously injured when he fell from scaffolding while he was installing d...

Excerpt: ... fifth cause of achon for violation of Labor Code section 2802 based on the Firm's alleged failure to reimburse expenses he claims he is owed. Plaintiff moves for summary adjudication of the fifth cause of action. The motion is not opposed. Legal Standards for Ruling on Defendant's Mohon for Summary Judgment Under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there i...

Excerpt: ... complaint on August 15, 2023 alleging the following causes of action arising from her tenancy at an apartment complex located at 3400 Richmond Parkway, in Richmond: (1) tortious breach of the implied warranty of habitability; (2) breach of the covenant of quiet enjoyment; (3) contractual breach of the implied warranty of habitability; (4) breach of contract; (5) retaliation in violation of Civil Code secton 1942.5; (6) private nuisance; (7) prem...

Excerpt: ...lleges a violation of Government Code sections 65587 and 65751 based on the City's failure to adopt an updated Housing Element by the statutory deadline of January 31, 2023. (Petn. "1 2, 3, 16-19,25, 26, 33-37.) Petitioner is identified in the petition as "California Housing Defense Fund" ("Cal Housing' for convenience) which Petitioner alleges is "a California nonprofit public benefit corporation and 501(c)(3) public charity." (Petn. 5.) It alle...

Excerpt: ..."Dr. Mbadikeobiora")'s Fifth Amended Complaint for (1) breach of contract (billing services agreement), (2) breach of contract (PCP agreement), (3) accounting, (4) breach of fiduciary duty, (5) aiding and abetting breach of fiduciary duty, (6) breach of implied covenant of good faith and fair dealing, (7) intentional and negligent misrepresentation, and (8) declaratory relief. Defendants demur to Plaintiff's causes of action for (2) breach of con...

Excerpt: ..., (h).) Defendant's demurrer is sustained, without leave to amend. Summary of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the "Property"). In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice ("RJN"), Ex. A.) In October 2004, Plaintiff obtained a home equity line of cred...