Excerpt: ...rt. There were two main issues in that decision; each party prevailed on one of the issues. As relevant here, Judge Donato ruled that a waiver of the allocation of payments as stated in Civil Code section 5655(a) is void as a matter of public policy. (Defendant's ex. 1.) After this decision, the parties stipulated to dismiss the federal court case and refile the case in state court. The stipulation stated the “[t]he new state court action will ...

Excerpt: ...ion is denied. Background Plaintiffs' request for sanctions arises out of Defendants' demurrer to Plaintiffs' Complaint. Counsel for Defendants failed to meet and confer prior to filing the demurrer and initially did not file a declaration showing compliance with Code of Civil Procedure § 430.41. The hearing on the demurrer was continued in order for Defendants to meet and confer. The Court overruled almost all of the demurrers. The Court sustai...

Excerpt: ...y be raised and argued at a later stage, but in light of the liberal standard applied to motions for leave to amend, leave is granted. Plaintiff shall file and serve the amended complaint on or before March 29, 2021. Background According to the plaintiff's allegations, plaintiff and Broken Arrow entered into a written Master Services Agreement (“MSA” or “the agreement”), which governed work that would later be performed on real property o...

Excerpt: ...e is no stay on discovery in any part of the consolidated case unless required by law and then to the least extent possible. Case No. C20‐02325 continues a longstanding battle between factions of the Garaventa family following the death of their mother, Mary Garaventa, in 2015. Cases may be consolidated in the court's discretion when they involve “a common question of law or fact.” (CCP § 1048 (a); Todd‐Stenberg v. Dalkon Shield Claimant...

Excerpt: ...ction for concealment fraud are sustained, with one last opportunity to amend. Plaintiffs shall file any further amended complaint on or before April 8, 2021. The demurrers to the Second Cause of Action for professional negligence are overruled. The basis for this ruling is as follows. A. The First Cause of Action (Fraud). A‐1. Causation. Defendants argue that the Court's ruling on a much earlier demurrer is dispositive of the present demurrers...

Excerpt: ...paid by Defendants. Given the Court's ruling, it appears that it may take a few more years for Defendants to finish paying off the Settlement Agreement. The Order to Show Cause set for July 16, 2020 shall remain on calendar. At least five days before this hearing, Plaintiff shall file a document informing the Court of the expected date of Defendant's last payment. In February 2021, the Court requested supplemental briefing from the parties and pr...

Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/18/21 ‐ 8 ‐ duty of maintenance and cure regarding Plaintiff's alleged injury to her right hip on June 3, 2016. For the reasons set forth, the motion is denied. Factual Background Plaintiff Reachell Armstrong asserts claims against the defendants arising out of injuries she contends she sustained while working on the vessel SLNC Goodwill (the "Vessel"). She alleges three causes of action based o...

Excerpt: ...l Order No. HO‐COVID 19‐37 (the County Order), which formally implemented, inter alia, a temporary prohibition on on‐site, outdoor dining at restaurants set forth in the State of California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive c...

Excerpt: ...s overruled as to the fourth cause of action. Background Plaintiff hired defendant, a licensed aesthetician, to perform a cosmetic permanent lip tattoo to serve as plaintiff's permanent lipstick. Defendant performed a lip tattoo, but allegedly used the wrong colors and the outline of plaintiff's lips turned a strong dark/burgundy color. Plaintiff had specifically requested this result be avoided. Because the shape and coloring was so “unattract...

Excerpt: ... otherwise sustained with leave to amend. Plaintiff shall file and serve her amended complaint by April 1, 2021. Plaintiff Marion Trentman‐Morelli, individually and as trustee of the Morelli‐Trentman Living Trust, have sued her neighbors Carlo and Farrah Panetta for (1) nuisance, (2) trespass, (3) injury to real property, (4) assault, (5) intentional infliction of emotional distress (6) elder abuse, (7) waste, and (8) declaratory relief. (The...

Excerpt: ...ded Complaint (“FAC”) for (1) negligent misrepresentation; (2) constructive fraud; (3) cancellation of instruments (Civ. Code § 3412); (4) violation of Business and Professions Code § 17200 et seq.; (5) violation of Civil Code § 2924(a)(6) & 2924(f); (6) declaratory relief; (7) violation of civil code § 2923.5 & § 2923.55; (8) violation of the Fair Debt Collection Practices Act (15 U.S.C. § 1692(6); and (9) punitive damages. For the fol...

Excerpt: ...fornia. On or about August 9, 2019, prior to close of escrow, Plaintiff retained Defendant WIN Home Inspection of San Ramon to conduct a property inspection and to provide a home CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/17/21 ‐ 9 ‐ inspection report. Plaintiff alleges Defendant failed to adequately discover and advise of the magnitude and problems created by the extent of water underneath the house. Mot...

Excerpt: ...re § 391 et seq. Plaintiff filed a Response on January 22, 2021. For the following reasons, the motion to furnish a security is granted. Plaintiff is ordered to furnish a security in the amount of $7,000.00 by April 2, 2021, three weeks before the trial date of April 23, 2021. Request for Judicial Notice Defendant requests Judicial Notice of several pleadings and other documents from this case as well as the docket of case no. C20‐00274. The R...

Excerpt: ..., then on or before March 24, 2021, defendant Mr. Ramirez shall file a supplemental declaration in support of the motion accompanied by his proposed answer to the complaint and serve the supplemental papers on counsel for Plaintiff with notice of the continued hearing. Factual Summary Plaintiff filed the complaint initiating this action in December 2019, alleging claims for conversion, breach of fiduciary duty and unjust enrichment on an alleged ...

Excerpt: ...oving vehicle accident, plaintiff, a minor, was treated at John Muir between October 2018 and January 2019. (See Separate Statement of Material Facts, “SSMF,” No. 1.) At John Muir, he underwent multiple procedures involving vacuum assisted closure (“VAC”) placement to treat his bilateral thigh wounds. (See SSMF, No. 2.) It appears that plaintiff contends that during one of these procedures, a wound VAC sponge was inappropriately left in o...

Excerpt: ...Horner”)'s Second Amended Complaint (“SAC”). The SAC alleges thirteen causes of action: (1) elder abuse; (2) negligent breach of fiduciary duty; (3) intentional breach of fiduciary duty; (4) negligent fraud; (5) intentional fraud; (6) negligent infliction of emotional distress; (7) intentional infliction of emotional distress; (8) negligent breach of contract; (9) intentional breach of contract; (10) breach of the covenant of good faith and...

Excerpt: ...ARING DATE: 03/11/21 ‐ 13 ‐ below. None of plaintiffs' claims against the remaining defendants, and none of the remaining defendants' claims against any party, are stayed. Plaintiffs assert three arguments in opposition to the Gilbert defendants' motion to compel. The Court finds that each of these three arguments lacks merit. A. Plaintiffs' Fraud Allegations. Plaintiffs first argue that the subject purchase agreement was induced by fraudulen...

Excerpt: ... human resources services. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff seeks leave to file an amended complaint, in order to raise PAGA allegations, which were not included in the original complaint. The PAGA notices were provided to the LWDA on November 6, 2020. Notice of the settlement was provided to the LWDA on January 19, 2021. The parties undertook discovery as part of ...

Excerpt: ...nt's Motion for Judgment on the Pleadings with leave to amend. The First Amended Complaint alleges that on May 3, 2018, Plaintiff was stopped for a pedestrian in Menlo Park, on the campus of Facebook, Inc. He was struck in the rear by a Dodge van driven by Defendant Habash, who failed to stop for the stop sign. Plaintiff alleges the Dodge van had been provided to Habash by Defendant Enterprise Rent‐A ‐Car to use as a rideshare vehicle, pursua...

Excerpt: ... construction company contracting with Chevron U.S.A., Inc. (“Chevron”) at Chevron's Richmond refinery. Roundtree was walking in the parking lot in the pre‐dawn hours when he was struck by a vehicle being driven by Ring. At the time, Ring was also working for the same construction company. While some of plaintiff's damages are being covered by workers compensation, plaintiff also sued Ring and Chevron for negligence. In this Motion, Ring as...

Excerpt: ...e sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10(e).) Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrers, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The proposed judgment shall include a dismissal of defendant Attorney Lender Services, Inc. That defendant filed an uncontested declaration of non‐monetary...

Excerpt: ...e requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency.' [Citation.] A court also may abstain when ‘the lawsuit involves determining complex economic policy, which is best handled by the Legislature or an administrative agency.' [Citation.] In addition, judicial abstention may be appropriate in cases where ‘granting injunctive relief wo...

Excerpt: ...at least seven civil and probate actions in Contra Costa and Butte Counties. This latest lawsuit is by the second youngest sibling, Joseph Garaventa, for alleged violations of the Racketeering Influenced Corrupt Organizations Act (“RICO”) and state law claims, based on a threat of physical violence, and acts of mail fraud, wire fraud, or tax fraud. Defendants argue this lawsuit arises entirely from their actions in bringing and defending laws...

Excerpt: ...Club golf course on August 4, 2020. Plaintiff alleges that on the evening of August 4, 2020, he was walking on a walkway between the 18th CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/10/21 ‐ 3 ‐ green and the driving range at the country club, where he is a member, when Mr. Iler allegedly physically struck him, screamed at him in close proximity without a mask spraying spittle, called him a profane name, an...

Excerpt: ...cy and therefore the demurrer to the complaint is sustained with leave to amend. (This is the type of issue that counsel should have solved during the meet and confer process.) Defendant's other arguments that the complaint is uncertain are unpersuasive. Defendant demurs to the claim for fraudulent concealment on several different grounds. Defendant argues the fraudulent concealment claims fails because (1) it does not contain the level of detail...