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3965 Results

Location: Contra Costa x
2021.01.21 Demurrer 972
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.01.21
Excerpt: ...city as Superintendent of Public Instruction (“State Defendants”). The demurrer by the State Defendants is overruled. The demurrer by the County is overruled as to the first and ninth causes of action, and sustained with leave to amend as to the second cause of action. I. Alleged Factual Background This case stems from the claims of four current and former students of the Floyd I. Marchus School (“Marchus”). Marchus is a school for studen...
2021.01.20 Motion to Compel Arbitration 577
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.20
Excerpt: ...nts' motion to compel arbitration is granted. Plaintiff is directed to properly tab exhibits in all future filings. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) A. Defendant Bridgestone Corporation. Plaintiff argues that arbitration should be denied because one of the two Bridgestone entities, Bridgestone Corporation, is not named as a party to the arbitration agreement. This argument is lacks merit for two independent reasons. First, the ...
2021.01.20 Motion for Relief 957
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.20
Excerpt: ... to pay reasonable compensatory legal fees and costs to defendants Maa and Nguyen of $1,000.00 on or before February 4, 2021. Plaintiffs may file their Third Amended complaint once Mr. Enyinwa makes that payment. Mr. Enyinwa is not ordered to pay anything to defendants John Muir Medical Group, Alibeigi and Huynh, because plaintiffs' motion under the attorney fault provisions of CCP § 473 (b) is not intended to correct any defect noted by those d...
2021.01.20 Motion for Permission to Submit Petition 345
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.20
Excerpt: ...esented facts demonstrating the cases to be coordinated are complex. Background Plaintiff Solano Affordable Housing Foundation (“SAHF”) specializes in providing affordable housing for residents in Solano County and adjoining counties. Defendant Thomas Alborg is an attorney, whose principal place of business is in Walnut Creek. In September 2017, Plaintiff sought legal advice from Alborg as to any potential adverse legal exposure to SAHF or it...
2021.01.20 Demurrer 225
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.20
Excerpt: ...tate") against three unions representing teachers and other employees of the District, San Ramon Valley Education Association ("SRVEA"), California School Employees Association, Chapter 65 ("CSEA"), and Service Employees International Union, Local 1021 ("SEIU"). For the reasons set forth below, the Court rules as follows: (1) demurrers by all defendants to the first cause of action for declaratory relief are sustained, with leave to amend; (2) de...
2021.01.20 Demurrer 167
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.20
Excerpt: ...evidences; and (5) unnecessary early deposit. Defendant demurs to the Complaint pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action against the City, a public entity, which is only liable by statute. Defendant also demurs pursuant to CCP § 430.10(f) on the grounds that Plaintiff's Complaint is uncertain. For the following reasons, t...
2021.01.14 Motion to Approve PAGA Settlement 312
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.01.14
Excerpt: ...ipulation, that the claims be sent to arbitration “with the exception of the PAGA claims[.]” The matter was stayed pending arbitration, and plaintiffs retained their right to pursue PAGA claims after the arbitration was completed. Plaintiffs have now filed a motion “to approve PAGA settlement and to dismiss PAGA claim.” At mediation, the parties reached an agreement resolving the individual claims. In addition each plaintiff “releases t...
2021.01.14 Motion for Summary Judgment 426
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.01.14
Excerpt: ...uez, and Zeaad M. Handoush (collectively, “moving parties” or “Defendants”). The Motion is denied. Plaintiff, Richmond Compassionate Care Collective (“Plaintiff” or “RCCC”), a California Nonprofit Mutual Benefit Corporation, brought this action against Defendants, alleging they violated the Cartwright Act through engaging in a conspiracy to restrain trade and monopolize the local medical marijuana market. Specifically, RCCC claims...
2021.01.14 Demurrer 384
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.01.14
Excerpt: ...wers on or before February 14, 2021. If plaintiff files a Fourth Amended Complaint in response to the ruling in the next paragraph, Dr. Wei need not file his Answer then. His date to do so will be set in the order on any demurrer he may file to the amended First Cause of Action in such Fourth Amended Complaint. If a Fourth Amended Complaint is filed, John Muir need not file an Answer to it. Because that complaint will not be amended as to John Mu...
2021.01.14 Demurrer 234
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.01.14
Excerpt: ... owner of a multifamily residential property located at 401 Laurel Avenue in Pinole, Assessor's Parcel Number 40‐094‐ 017‐1. Since 2016‐ 2017 tax year, the tax bill has been in the name of M. Michael Partow, TRE [presumably for “Trustee”]. Plaintiff received a letter, dated June 30, 2019, from the Contra Costa County Officer of Assessor, assessing the value of the property for tax purposes at $2,936,479.00. Plaintiff alleges the valua...
2021.01.13 Motion for Summary Judgment 895
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.13
Excerpt: ...n is denied. Introduction This is a property damage case wherein plaintiffs claim that excavation activities and soil subsidence related to the construction of school facilities caused damage to their houses. Campos was a subcontractor who performed landscaping and tree removal for a prime contractor, Bay Cities. In Campos' moving papers, it does not meet its burden to demonstrate that one or more elements of Bay Cities' causes of action—here, ...
2021.01.13 Motion for Summary Judgment, Adjudication 485
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.13
Excerpt: ...nt Supervision (Cause of Action Two) In the second cause of action, Plaintiff alleges that the District negligently failed to supervise Souza. The District argues that Plaintiff cannot show that any defects in supervision were a legal cause of Plaintiff's injuries. Plaintiff fainted on February 22, 2018 during Deborah Souza's class. During the 2017‐ 2018 school year, the classroom was equipped with standing desks. After winter break, the chairs...
2021.01.13 Motion to Strike Attorney Fees 671
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.13
Excerpt: ...itself, and the demurrer generally states what subdivision of section 430.10 of the Code of Civil Procedure the defendant is asserting and thus whether the demurrer is general or special. (See CCP § 430.10; CRC 3.1112 (a)(2) and 3.1320 (a).) Plaintiff has not been misled, however. Defendant explicitly demurs for uncertainty but implies it is demurring for failure to state a cause of action as well. (Opening Brief at 3:27, 4:7, 4:17.) CONTRA COST...
2021.01.11 Motion to Quash Service of Summons 523
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.01.11
Excerpt: ...n (another individual with the name “Ashraf Safi”) who sold Plaintiff her car which is the subject of the Complaint. Plaintiff has filed a response, attaching exhibits which include: 1) A fictional Business Name search on SF Auto Sales, which evidences the owner as “Safi Ashraf.” 2) An Occupational License Status Information (OLSI) search with the Department of Motor Vehicles which evidenced the owner of SF Auto Sales as “Safi Mohammad ...
2021.01.11 Motion to Disqualify 596
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.01.11
Excerpt: ...he partition action, a court appointed referee sold the property. The Nelsons bought the property outright and John II received his share of the proceeds. The appeal was denied in 2020. In the instant action, John Riley et al v. Shirley Nelson et al; John Riley (son of Plaintiff in the First Action referenced above), and his siblings, Trisha and Danielle Riley (the “Rileys”) have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36...
2021.01.11 Motion to Compel Production of Docs 297
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2021.01.11
Excerpt: ... 3.301(d)(9). Plaintiff filed his complaint on December 17, 2019 requesting declaratory and injunctive relief and specifically alleging that the Defendant Lake Alhambra Property Owners Association (hereafter “LAPOS”) had failed to comply with various rules and statutes governing its activities. On July 2, 2020, Plaintiff filed his first motion to compel the Defendants to provide discovery. The court (Honorable Charles Burch presiding) noted t...
2021.01.08 OSC Re Dismissal of Complaint 003
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.01.08
Excerpt: ...oard of Supervisors, San Mateo County District Attorney's office, the mayor, and vice mayor and a judge. Plaintiff also names as defendant the San Mateo Private Defender Office and Mr. Jackson, who provided legal representation for Plaintiff in the criminal proceedings. Plaintiff's action was filed in San Mateo County and at the request of Judicial Council transferred to Contra Costa County in July 2020. At the Status Conference on September 29, ...
2021.01.08 Motion to Compel Arbitration and Stay Proceedings 590
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.01.08
Excerpt: ...�1. Service Of The Moving Papers. In the opposition memorandum, plaintiff argues that the Court should deny defendants' motion because defendants failed to include a proof of service with their opening papers. This argument lacks merit for three reasons. First, while a proof of service must be filed five court days before the hearing, plaintiff has failed to identify any legal authority providing that a proof of service must also be served with t...
2021.01.08 Motion for Relief from Entry of Default 800
Location: Contra Costa
Judge: Baskin, Barry
Hearing Date: 2021.01.08
Excerpt: ...he sale of a home on August 31, 2018, against the sellers, Ken and Barbara Reynolds, as well as the Reynolds' realtor. Before plaintiffs filed suit, their attorneys wrote a demand or representation letter to defendants, and an attorney, Craig Miller, responded on their behalf, demanding mediation pursuant to the real estate sales contract before any litigation. (See Ex. 1 to Freeman Decl.) Miller affirmatively stated that he represented both Ken ...
2021.01.07 Motion for Summary Adjudication 543
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.01.07
Excerpt: ...repared to address the following: 1. Procedural Pleading Defects: Both sides have objected to the form of the separate statements submitted by the other, and Defendants have objected to Plaintiffs' evidentiary objections. a. Defendants' amended separate statement filed on December 21, 2020 does not cure the non‐compliance with Rule 3.1350, which requires for a motion for summary adjudication that "the specific cause of action, affirmative defen...
2021.01.07 Motion for Preliminary Injunction 744
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2021.01.07
Excerpt: ... Creek Road, including the graveled area immediately to the north of the pavement, including, but not limited to, placing or maintaining boulders, wooden posts, traffic cones, nails, vehicles, concrete chunks or blocks, or any other items south of defendant's fence, or the extension of the fence line if the fence extended west all the way to Bixler Road, to the center line of Kellogg Creek Road, all as shown in the photograph on the page three of...
2021.01.07 Motion for Final Approval of Class Action, PAGA Settlement 067
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.01.07
Excerpt: ...of the settlement. A. Background and Settlement Terms The original complaint was filed May 25, 2018. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to pay for time or expenses associated with obtaining mandatory drug tests. Pursuant to stipulation, an amended complaint adding a PAGA cause of action was filed on May 3, 2019. A Second Amended Complaint was f...
2021.01.06 Motion for Release of Stop Notice 515
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.06
Excerpt: ... On or about June 2, 2020, Manuel Garcia issued a stop notice and bond claim stating that he furnished services on grading and paving the San Pablo parking lot. The notice directed the City of San Pablo to stop payment on the $25,640 owed to Overaa. Mr. Garcia claims an equitable lien on the funds. Mr. Powell, the Vice President of Overaa, responded on August 19, 2020 with an affidavit demanding release of the funds. The affidavit contends Mr. Ga...
2021.01.06 Demurrer 200
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2021.01.06
Excerpt: ...opposition brief should be stricken based on untimely service. Code of Civil Procedure section 1005, subdivision (c) requires that opposition papers be served in a manner calculated to ensure delivery no later than the next business day after they are filed. At the latest, opposition papers must be filed and served on the ninth day prior to hearing. (Code Civ. Proc., § 1005 (b).) Contreras filed her opposition on December 16, 2020 without attach...
2020.12.28 Motion for Summary Judgment 436
Location: Contra Costa
Judge: Burch, Charles B.
Hearing Date: 2020.12.28
Excerpt: ...h Causes of Action is granted. This matter was previously on calendar on October 5, 2020. The Court continued the hearing to allow for further discovery, as requested by Plaintiffs. The Court permitted Plaintiffs to conduct additional discovery regarding defendants Eli Matoza's and Marianne Bordogna's joint checking account at Patelco Credit Union, used by them to jointly purchase the Farragut property. Plaintiffs served additional document reque...

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