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: ... 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: ...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: ... 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...

Excerpt: ...sure sale, after the prior owner, David Downs, defaulted on a $1.5 million loan that Kessler had made to Downs. Under Downs, the Property was operated as a 7‐unit apartment building. About a month before he filed for bankruptcy protection on July 2, 2020 to stave off the foreclosure sale, Downs leased four of the units, Units C‐F, for three years to defendant Nehemiah Windham Foundation, Inc. (the “Foundation”). The Foundation has been a ...

Excerpt: ...sting trial date has the potential to cause prejudice to that defendant. The new defendant may raise its own objections to the trial date once it makes an appearance. Background On July 22, 2016, plaintiff filed its complaint alleging anticompetitive activity on the part of defendants Richmond Patient's Group, Holistic Healing Collective, Inc., 7 Stars Holistic Foundation, Inc., William Koziol, Darrin Parle, Alexis Parle (aka Alexis Koziol), Rebe...

Excerpt: ...; (3) an order permitting the deposition of third‐party Yale Investment Office (based on a previous order of the Court); and (4) monetary sanctions. While the notice of motion itself does not identify the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/01/21 ‐ 7 ‐ specific requests, the “Separate Statement” does, identifying several categories of requests to KCM: documents concerning plaintiff's contribu...

Excerpt: ...y Zapotoczny was injured while riding in an elevator that suddenly malfunctioned. She sued Sierra Pacific Properties, Inc., the building owner, and Schindler Elevator Corp., the contractor servicing the elevators at the time. Sierra tendered its defense to Schindler and to Otis Elevator Company, who maintained the elevator prior to Schindler. Schindler accepted the tender; Otis did not. Sierra and Schindler cross‐complained against Otis for con...

Excerpt: ...rtau Voltaire was driving on Portero Avenue in El Cerrito, she stopped because the vehicle ahead of her slowed to go around a fallen tree. A separate tree (or tree branch—different paragraphs in the complaint differ in this respect) then fell on plaintiff's car and caused her injuries, requiring her to be taken to the hospital by ambulance. The tree was located in front of Hotel Mira Vista, which claims the City of El Cerrito is responsible for...

Excerpt: ...arbitrator, seeking to be awarded her attorneys' fees. Initially, that motion was set for hearing in November 2020. The motion was fully briefed, but unfortunately, the arbitrator fell ill and the motion could not be heard in November 2020. Fearing adverse consequences owing to the passage of time, Robertson filed her petition to correct the arbitration award, and to confirm the award as corrected, on December 30, 2020. Essentially, Robertson's p...

Excerpt: ...members of the rock band Journey over the use and licensing of the band's name and related trademarks, and a dispute over alleged breaches of fiduciary duty, corporate governance and claim for involuntary dissolution of the corporation Nightmare Productions, Inc. ("Nightmare"), among other issues. Schon and Cain are members of the general partnership Elmo Partners, also a plaintiff and cross‐defendant in the action. Plaintiffs/cross‐defendant...

Excerpt: ...he complaint to counsel, he is ordered to do so. Defendants are further granted leave to include any additional defenses identified after receipt of the complaint. Background Plaintiff John S. Richards is the former attorney for defendant Reuben J. Borg and his business, Reuben Borg Fence. Plaintiff filed this action on September 1, 2020 against his former client and Mr. Borg's girlfriend, Paula Machado. Plaintiff seeks to collect unpaid legal fe...

Excerpt: ...ersonal injury action. Plaintiff alleges that Defendant rear‐ended his vehicle when he was stopped for a red traffic signal. (Complaint at GN‐1.) He alleges that Defendant was under the influence at the time of the collision. (Id.) Plaintiff alleges that “Defendant showed reckless disregard for the rights and safety of Plaintiff when he intentionally consumed alcohol and drove his vehicle which led to Defendant crashing into Plaintiff and c...

Excerpt: ...rkway #3316, Richmond, CA 94806. (Complaint at ¶ 9.) Plaintiffs allege that Defendants failed to maintain the subject premises and that it suffered from mold/mildew, water damage from a heater malfunction, no/unsecured mailbox, dangerous and unmaintained carpet, and general dilapidation. (Id. at ¶ 11, 12.) Plaintiffs allege that the heater in the subject unit malfunctioned and flooded the whole unit, damaging personal property CONTRA COSTA SUPE...

Excerpt: ...vertime, failure to provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. The claims revolve specifically around “time shaving” practices and specified time‐consuming “clocking in” procedures, as well as off‐the‐clock labor caused by closing‐up procedures. Finally, plaintiff alleges that overtime was miscalculated by failure to include certain incentive compensation in the regular rate of p...

Excerpt: ...s of law and fact, the motion is granted. The cases shall be consolidated for all purposes into the civil action. Background In 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.” (Lease, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/24/21 ‐ 15 ‐ Exhibit A to First Amended Compla...

Excerpt: ...ven N. Scherner and other defendants. The STA is seeking to acquire title to property owned by defendant Mr. Scherner as well as a temporary construction easement to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/24/21 ‐ 13 ‐ implement a construction project related to the Interstate 80/Interstate 680/State Route 12 Interchange Project. (Compl. ¶¶ 5 6, Exhs. A, B, C.) Mr. Scherner has answered, claiming the...

Excerpt: ...and various Ignite Farm entities controlled by Joseph Rainero, the principal behind JBJ, signed two other settlement agreements totaling $3.5 million (one agreement for $1.5 million payable in October 2018 and the other for $2.0 million payable in July 2019). Donati signed the latter two agreements in his individual capacity rather than on behalf of Sun Beef. Rainero personally guaranteed the $2.0 million agreement. The key issue in this case is ...

Excerpt: ...0% tenancy‐in‐common interest in the subject real property. Defendants Gershon Luria and Irit Sanger, husband and wife, own the remaining undivided 50% tenancy‐in‐common interest in the property. Disputes have arisen as to the management of the Property and Plaintiffs sought to partition and sell the property. On November 28, 2017, the Court (Honorable Judge Edward Weil presiding) granted Plaintiffs' motion for summary adjudication for pa...

Excerpt: ...overruled. Paystack shall file and serve its Answer on or before April 5, 2021. The complaint alleges that Paystack hired Pareto on October 1, 2019 to provide negotiation coaching services because it was in discussions to sell itself to Stripe and wanted to obtain expert advice. (Complaint, ¶ 17, 18, 19.) Under the contract, Paystack was to pay Pareto $5,000 per month for its coaching services, plus 1% of the sales price if a sales contract was ...