Excerpt: ...ntiffs worked for defendants as hourly employees – Torres as a shipping/receiving clerk, and Rascon as a machinist. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Among other things, the action alleges violations centering ...

Excerpt: ...murrer is sustained, with leave to amend except as to the ninth and twelfth causes of action for preliminary injunction and negligent interference with contractual SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 02/16/2023 25 relations, respectively. The Demurrer to those causes of action is sustained without leave to amend. Request for Judicial Notice Defendants' unopposed ...

Excerpt: ... care to assert one) seeking a judicial order requiring Kristin Pace to turn over particular documents or sets of documents from her prior service as an attorney for one or more of the cross-complainants. In all other respects, leave to amend is denied; indeed, it is not even requested. The Relevant Players In the interests of both readability and brevity, the Court will use convenient shorthand to speak of SUPERIOR COURT OF CALIFORNIA, CONTRA CO...

Excerpt: ...Allegations of Complaint Plaintiffs are Nepali Community Center (“NCC”) and Anil Pandey and Yagya Shrestha, individually, and as members of Nepali Association of Northern California (“NANC”). Defendants are Ishwar Sitaula, Kailesh Thapa, Killeshwor Malla, Preetesh Karki, Rabindra Kumar Rai and NANC. The operative complaint is the First Amended Complaint filed on August 19, 2022 (“FAC”). Plaintiffs allege that NCC is a nonprofit public...

Excerpt: ...Z, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 02/16/2023 13 Specialized Loan Servicing, LLC's (“Defendant SLS”) demurrer to Plaintiff's Complaint. The Complaint alleges seven causes of action: violations of (1) California Civil Code § 2923.55 and (2) 2923.7; (3) Negligence; (4) Negligent Misrepresentation; (5) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”); (6)...

Excerpt: ...laintiffs William Duby and Rachelle Duby entered into a written residential lease with Defendant Bradley Lewis. The single-family rental property is located at 126 Ivy Drive in Orinda. The couple lived in the property with their two children since that time until they vacated the property on December 11, 2022. Plaintiffs allege a significant mold problem existed throughout their tenancy, and Defendant was aware of the problem but failed to remedi...

Excerpt: ... The 2019 Bylaws of Garaventa Enterprises permit amending the existing bylaws by written consent of the holders of a majority of the outstanding shares. On July 27, 2022, Louisa and Silvio amended Garaventa Enterprises' 2019 bylaws by written consent. The Bylaws were amended to (a) establish process for noticing an annual shareholder meeting in the event an annual meeting has not been held within 15 months of the last SUPERIOR COURT OF CALIFORNIA...

Excerpt: ...s the fourth cause of action. The Notice states that the demurrer is “made pursuant to Code of Civil Procedure Section 430.20(1) (sic) that each cause of action pleaded in the Complaint does not state facts sufficient to constitute a cause of action.” The Court notes that there is no CCP section 430.20(1), and section 430.20 pertains to filing a demurrer to an answer. Given that Defendant appears to be arguing that the cause of action “does...

Excerpt: ...) negligence, (3) intentional infliction of emotional distress, (4) fraudulent concealment, and (5) public nuisance. Also before the Court is Defendants' Motion to Strike Portions of Plaintiff's First Amended Complaint. Defendants' Demurrer is sustained without leave to amend as detailed below. Defendants' Motion to Strike is denied as moot. Summary of Allegations Plaintiff and her boyfriend checked into the Crowne Plaza Concord, located at 45 Jo...

Excerpt: ...infliction of emotional distress and (5) declaratory relief. The complaint arises from an underlying lawsuit where Shefayee sued the Sahars (Contra Costa Court case #MSC18-01416). Miller acted as Shefayee's attorney in the underlying lawsuit. The complaint in this case was filed twice. Once on March 23, 2022 (MSC22-00746, “D18 Case”) and once on April 18, 2022 (MSC22-00737, “D36 Case”). Plaintiffs submitted the D18 case for filing by mail...

Excerpt: ...ed, subject to the possibility of either or both parties seeking to coordinate this case with the Venegas case. Preliminary Observations The key points of contention between the parties on this motion predictably center on a substantial difference between this case and the Venegas case – namely, that Venegas is pleaded only as a PAGA action, whereas this case is filed as both a PAGA claim and a purported class action. Looking back over the part...

Excerpt: ...rrent and former hourly or non-exempt employees at defendant's restaurants. The motion will be granted if plaintiff provides a compliant declaration concerning submission of this proposed settlement to LWDA. A. Background and Settlement Terms The original complaint was filed on March 9, 2020. There are a number of claims in the complaint, but they all arise generally from the allegation that defendant made a practice of understaffing its restaura...

Excerpt: ...and Damages. Defendants filed their Answer (titled a “Reply”) to the Complaint on November 18, 2021. It appears Defendants filed a second “Reply” on January 10, 2022. Defendants filed a motion to dismiss on July 5, 2022. While that motion was pending, Defendants filed a third “Amended Answer” to the Complaint on August 1, 2022. The motion to dismiss was denied on August 30, 2022. The instant motion for summary judgment was filed on Oc...

Excerpt: ...s are ordered to arbitration. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through June 9, 2023. A case management conference is set for 8:30 a.m. on May 2, 2023. The parties shall include with their case management conference statements a report on the status...

Excerpt: ...alleging that Defendant Anderson was never served with the Summons and Complaint. For the following reasons, the Motion is denied. Plaintiff's Request for Judicial Notice is granted, California Evidence Code §452(d). Brief Procedural Timeline: April 6, 2016. Summons and Complaint filed. April 12, 2016. Defendant Imbee, Inc. served. May 23, 2016. Default entered against Imbee, Inc. July 28, 2016. Defendants Anderson and Fanlala, LLC served. Augus...

Excerpt: .... To ensure a complete record, Defendant is ordered to submit the special motion to strike for filing no later than December 8, 2023. Plaintiff is suing Defendant for slander of title based on the filing and recording of a lis pendens in case MSC21-01312 (King v. Huang). Defendant brings this special motion to strike Plaintiff's complaint in this case. In the underlying action (King v. Huang), Defendant sued Plaintiff for various claims related t...

Excerpt: ... is overruled as to the remaining causes of action. Defendant shall file an answer on or before February 23, 2023. The basis for this ruling is as follows. Defendant Richard Bankson. Defendant LLC argues that defendant Richard Bankson is not properly named in certain causes of action. The Court finds that defendant LLC lacks standing to raise this argument on Mr. Bankson's behalf. Plaintiff presumably has served Mr. Bankson with process, or will ...

Excerpt: ...r the following reasons, the Motion is denied. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Brief Factual Background The gravamen of this case is a series of real estate transactions; however, the parties have personal history with each other which colors the dispute. Plaintiffs are married; Plaintiff Kayla Young was previously married to Defendant Dolen, who works as a real ...

Excerpt: ...hat: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent (*)from the client. …” (Rules of Prof'l Conduct, Rule 3.7.) The comment on Rule 3.7 explains that “[n]ot...

Excerpt: ...gment. Factual Background Phillips owned and operated the San Francisco Refinery (the “Refinery”) in Rodeo, California. (UMF 1.) Phillips and Contra Costa Electric entered into a Master Services Agreement for electoral work at the Refinery effective September 20, 2017. (UMF 2.) The Agreement states that Contra Costa Electric shall perform all work as an independent contractor. (UMF 3.) It further provides that Contra Costa Electric “shall b...

Excerpt: ... corporation Ernie & Sons Scaffolding dba Unique Scaffolding ("E&S"). (Ver. Compl. ¶¶ 14, 15.) Plaintiff Ernesto Negrete, Jr. has filed suit as "an individual, in his individual capacity and derivatively on behalf of" E&S. Negrete and defendant John Soto are the equal owners and sole directors of E&S. (Ver. Compl. ¶¶ 14, 15.) In early 2022, Defendant Soto informed Negrete of his intention to end their business relationship. (Ver. Compl. ¶ 4....

Excerpt: ...on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of Lafayette filed a demur contesting the viability of each of the six causes of action. The demurrer was sustained as to the first three causes of act...

Excerpt: ...ion of Rights [42 U.S.C. § 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. § 1085]; (4) inverse condemnation; (5) regulatory taking; (6) declaratory relief; (7) intentional interference with contractual relations; and (8) negligent interference with prospective economic SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 02/02/2023 26 relati...

Excerpt: ...A3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff alleges he discovered the vehicle had been in an accident...

Excerpt: ... the surviving causes of action. Background Plaintiffs are obligors under a $200,000 promissory note dated April 1, 2008 secured by a deed of trust on plaintiffs' residence located at 1452 Club View Drive, El Cerrito, CA recorded on April 9, 2008. (FAC ¶¶ 1, 4, 12‐15; Defs. RJN Exh. A.) The lenders under the note and deed of trust are defendants the Pans. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OF...

Excerpt: ...NTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/02/2023 13 When this motion first came up for hearing, the Court indicated generally that the settlement appeared appropriate in most respects, but that it had concerns in two respects. However, the Court is a little concerned by the relatively modest level of recovery provided. The gross settlement amount is recited to be less than 24% of the claims' “likely valu...

Excerpt: ...n August 20, 2019. On October 31, 2019, Defendant – in pro per at that time – filed a cross‐ complaint alleging eight causes of action against Plaintiff and Cross‐Defendant Michael Murphy (“Plaintiff”). Defendant's current counsel substituted in as counsel of record in December 2019. On April 23, 2021, Defendant filed a motion for leave to file a first amended cross‐complaint (FACC) to add four new causes of action and a new cross�...

Excerpt: ...y's fees. While a proportionate reduction based on limited success may be appropriate for attorney's fees, the Court declines to apportion the much smaller cost items. Specifically contested items are addressed below. As to specifically contested items, “the objecting party has the burden to show that a cost item is unrecoverable because it was not necessary to the litigation.” (Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th 328...

Excerpt: ... Complaint in the Superior Court for the County of San Diego. The action was transferred to this Court in September 2021. A. Original Complaint Plaintiff's original complaint identified the class in the action as "All Rabobank checking account holders in California, who, within the applicable statute of limitations preceding the filing of this action incurred one or more Continued Overdraft Fees." (Compl. ¶ 30.) The "Continued Overdraft Fees" ar...

Excerpt: ...ts three causes of action: (1) Violation of several specified provisions of the Health and Safety Code; (2) violation of the California Environmental Quality Act; and (3) violation of the California Public Records Act. Martinez Refining asserts nine causes of action: (1) CEQA; (2) violation of Health and Safety Code section 40783; (3) violation of Health and Safety Code section 40920.6; (4) violation of Health and Safety Code section 40406; (5) t...

Excerpt: ...e to amend. Plaintiffs shall have until March 1, 2023 to file and serve an amended complaint. Background This is a Homeowners' Bill of Rights (“HBOR”) action. Plaintiffs obtained a $560,000 mortgage loan secured against real property in Richmond, California. Plaintiffs fell behind on their loan payments. In response, on June 24, 2022, a Notice of Default was recorded on the property. Plaintiffs' application for loan modification was denied. T...

Excerpt: ...ufficient to support each case of action (CCP § 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP § 431.10(f).) Factual Allegations This matter ostensibly pertains to an automobile accident that occurred on May 1, 2013 wherein Plaintiff was injured. (FAC p. 4.) It is alleged that both Plaintiff (through her father's policy) and the other driver were insured by Defendant CSAA. (Ibid.) Following the accident, Plaintiff ...

Excerpt: ... reasons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5...

Excerpt: ...use of Action for Declaratory Relief. The amended complaint shall be filed and served on or before February 20, 2023. Background Plaintiff Prime Capital Investments, LLC is the owner of property commonly known as 3330 Concord Avenue in Brentwood. Defendant Mo Zhou is the owner of property commonly known as 3320 Concord Avenue in Brentwood. The two parcels of land are adjoining, and Plaintiff's parcel has no street access. Plaintiff alleges it own...

Excerpt: ....7; and (2) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). Defendants' Request for Judicial Notice ("RJN”) regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Fonteno...

Excerpt: ...23 2 Plaintiff was working at a Save Mart Supermarket in Antioch on July 24, 2020 when Plaintiff came upon a man hidden in the back of the store. The man brutally attacked Plaintiff, causing serious and life‐threatening injuries. (FAC ¶¶9, 14.) Plaintiff alleges that Defendant Phillips Edison & Company, LTD “co‐ owned, managed, directed, leased and/or controlled the shopping center and security thereon including the structures, adjacent s...

Excerpt: ...ving in the number two lane of California Avenue as Plaintiff approached California Avenue. (2AC ¶¶ 8‐14.) In addition to suing Moss, Plaintiff has sued the City of Pittsburg alleging a first cause of action against the City for dangerous condition of public property. The Court previously sustained demurrers by the City to the original Complaint and to the First Amended Complaint ("FAC"). Standards for Ruling on Demurrer In ruling on the demu...

Excerpt: ...uding RDR Builders LP (“RDR”), D. Winn Painting, Inc. (“D. Winn”), Lines of Integrity Caulking & Sealants (“LOI”), and Millbrae Glass LTD (“Millbrae”) were involved in the construction of the School. Aside from MWF, each entity named above (i.e., Diede, HKIT, RDR, D. Winn, LOI, and Millbrae) seeks summary judgment in motions or joinders presently before the Court. This tentative ruling addresses the motion for summary judgment or ...

Excerpt: ...Parties" or sometimes "Developer" or "Project applicant") are named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this tentative ruling when the parties appear for the hearing. The Court will take the matter under submission after o...

Excerpt: ...visors as Respondents. FT Land, LLC; Meach, LLC; BI Land, LLC; and TH Land, LLC (collectively "Real Parties" or sometimes "Developer" or "Project applicant") are presently named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this ten...

Excerpt: ...rvice of the amended complaint in which to respond. Background This is a revival action brought by Plaintiff S.C. for repeated acts of childhood sexual assault committed upon her after being placed in a foster home in Vallejo in approximately 2006. (Complaint, ¶¶ 25‐26.) Plaintiff alleges she disclosed her abuse to her social worker who was then employed by Defendant Contra Costa County (“County”). Plaintiff alleges that no investigation ...

Excerpt: ...laint, filed 5/18/2021.) Defendants were the buyer's brokers for this deal. Plaintiff entered into a contract with Yu on December 14, 2018 where Plaintiff agreed to sell real property located in Hercules. Escrow was to close on January 28, 2019. (De Leon dec. ¶4.) De Leon sent Plaintiff a request of extension of time on January 21, 2019, which Plaintiff ignored. (De Leon dec. ¶7; Colbert depo. 99:15‐17) On January 25, Plaintiff requested that...

Excerpt: ...inal complaint was filed April 30, 2019, raising claims as a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/26/2023 2 unreimbursed business exp...

Excerpt: ...d and Settlement Terms Plaintiffs filed this action on February 16, 2021, alleging that on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the Bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring SUPERIOR COURT OF CALIFOR...

Excerpt: ...g that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement will create a gross settlement fund of $95,000. The class representative payment to the plaintiff will be $10,000. Counsel's attorney's fees will be $31,666.67 (one‐ third of the settlement). Litigation costs are estimated at $15,000. The settlement administrator (Phoenix) would receive an estimated $4,500. PAGA penalties w...

Excerpt: ...aintiff Shalini Sharma, an experienced heavy equipment operator, was severely injured when the door of a motor grader snapped out of place and struck her in the head. Plaintiff was working at an ARS construction site when the incident occurred. Defendant American Equipment Company (“AMECO”) allegedly manufactured, sold, or leased the “defective” equipment to ARS. Plaintiff also alleges NorCal Rental Group, LLC helped manufacture, supply a...

Excerpt: ...xsons seek an injunction that bars CrossDefendants Thomas Milway and Megan Hansen (“the Milways”) and their guests, family members and service personnel from using Alwin Road. The motion also seeks to bar the Milways from claiming ownership of Alwin Road. The motion requests the Milways stop assault, harassment and other verbal or physical attacks upon the owners of Alwin Road. In deciding whether or not to issue a preliminary injunction, thi...

Excerpt: ...led on December 19, 2022 is brought under just CCP § 657(6). The motion is opposed by Defendant East Bay Utility District (“EBMUD”). For the following reasons, the motion is denied. Brief Factual and Procedural Background The parties are familiar with the facts at issue. Briefly, Defendant EBMUD approached Plaintiffs to discuss purchasing part of their Property in lieu of acquiring it through its power of eminent domain in order to construct...

Excerpt: ...ation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Defendant demurs to Plaintiff's causes of action for (1) conversion, (4) fraud/intentional misrepresentation, (7) negligence, (8) violations of insurance code § 1871, and (9) declaratory relief pursuant to Code of Civil Procedure (“CCP”) § 430.10 and C...

Excerpt: ...e with contract; and (6) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional interference with contract and (6) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐ in‐part and overruled‐in‐part, without leave to amend. Legal Standard “The function of a demurrer is to test the ...

Excerpt: ... for fraudulent transfer. Plaintiffs are Kelly Yates and Mark Tumminelli. Defendants are Kevin Yates and Betty Fong, DDS. Plaintiffs allege that Kevin Yates borrowed $70,000 from them to make repairs to a property prior to its sale. Plaintiffs allege that Yates sold the property at a profit and did not repay the borrowed funds. Plaintiffs allege that after they obtained a judgment for the unpaid debt, Kevin transferred some portion of the propert...

Excerpt: ...) Defendant Bay Business Credit, Inc. moves the Court for an order quashing service of the summons and complaint on the grounds that Plaintiff Commercial Door & Frame, Inc. failed to properly serve it. California law requires service on a corporation to be effected on the person designated as an agent for service of process, or the “president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant ...

Excerpt: ...ent Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underpaid or undercompensated any employees. Rather, the allegation is that the pay statements issued to the employees failed to identify the dates of the relevant pay period. Further, in discovery it was ascertained that in fact this was true only of each employee's ini...

Excerpt: ...s Amended Answer to Plaintiffs' First Amended Complaint. Plaintiffs demur to Defendants fourth, fifth, thirteenth, fourteenth, sixteenth, eighteenth, twentyfourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, and thirty‐third affirmative defenses on several grounds. For the following reasons and as detailed further below, the demurrer is sustained‐in‐part and overruled‐in‐part. For those affirmative defenses that the Court sustains...

Excerpt: ...on was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 14 denied in whole or in part may make a new application for the same order if supported by an affidavit detailing when and to what judge it was made; what was sought; what orders or decisions were made; and what new or different facts, law or circumstances would support a different outcome. (§ 1008, subd...

Excerpt: ...lthus, LLP. Procedural Background Plaintiffs Wanag Tahatan‐Bey, Tanya Stutson Absolute Trustee to Cestui que Trust for Blind Trust Kevin Woodruff & Tanya R. Stutson filed their initial Complaint (“Complaint”) on August 24, 2022. That Complaint named as defendants (misspellings in Complaint): Secretary of Veterans Affairs, Mellissa Robbins‐Coutts, Decorah A. Boyed, and McCarthy & Holthus, LLP Law Firm. (Complaint at p.2, 4) The Complaint i...

Excerpt: ...n B. Jones Law, Inc., (collectively, “Defendants” or “SBJLG.”) All of the entities are owned and operated by Defendant Shannon B. Jones. Plaintiff began working for the Defendant Jones Law Group on or about July 1, 2010, as a part‐time financial assistant. On or about August 9, 2010, Defendant Shannon Jones offered Plaintiff the position of controller. Over the course of her employment, Plaintiff alleges she became concerned that Ms. Jo...

Excerpt: ...COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 2 The Court notes at the outset that the moving papers have no proofs of service attached, and there is nothing else in the Court's file establishing that this motion was properly served on plaintiffs' counsel. However, the pendency of this motion was expressly discussed at the December 27 CMC, and counsel were to meet and confer concerning it. Moreover, ...

Excerpt: ...nd Cross‐Complainant Agra Tech designates the Civil Court in Rotterdam, the Netherlands, as the exclusive forum for litigation between them. For the following reasons, the motion is granted. Background This is a complex construction‐defect case concerning a greenhouse complex for growing marijuana.1 Plaintiff Natura is the owner the complex, and the customer of the various builder or supplier defendants in the case. One of those defendants is...

Excerpt: ...nd Plaintiff filed the initial the Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication (“MSJ”) on June 10, 2022. Plaintiff filed its initial opposition to the MSJ on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ an...

Excerpt: ...n Mbadike‐Obiora, MD is a family practice physician with a clinic in Concord. Plaintiff was shareholder of Defendant Central East Bay IPA Medical Group, dba Muir Medical Group IPA (Muir IPA). Defendant Kenneth Bowers is a member of the Board of Directors of Muir IPA and Defendant Ute Burness is the Chief Executive Officer of Muir IPA. On or about October 9, 2008, Plaintiff purchased a clinic in Contra Costa County from Dr. Bernard Wolf, a share...

Excerpt: ...who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a)(2).) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (CCP § 430.41(a)(1).) In particular, as part of the meet and confer process,...

Excerpt: ...ingle motion combining issues as to both interrogatories and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/12/2023 7 RFPs, asserting without elaboration that Govt. Code § 70617(a)(4) mandates separate motions for different forms of discovery. How on earth does that statute say that? Defendant objects that the motion papers were served by email to counsel, rather th...

Excerpt: ... The case is filed as a purported class action and PAGA complaint. Child Action is an unrelated entity that provides referral and other services for families seeking child care or child care subsidies. It is uncontested that plaintiff applied to Child Action for public benefits. The factual situation is less clear as to whether plaintiff was or is also actually employed at Child Action; plaintiff's papers say she is, and defendant's papers seem t...

Excerpt: ...osecution and abuse of process. Defendant seeks to strike both causes of action pursuant to Code of Civil Procedure section 425.16. Standard “Resolution of an anti‐ SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate...

Excerpt: ...RE MAIER HEARING DATE: 01/12/2023 Standard “Resolution of an anti‐SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second ste...

Excerpt: ...ones Law Group and Shannon B. Jones Law Group, Inc. (collectively “SBJLG”) In or about January 2010, Cross‐Defendant Christy Olson became employed with Shannon B. Jones Law Group, the predecessor to Shannon B. Jones Law Group, Inc. as a legal assistant. Ms. Olson was terminated on or about May 5, 2017. On or about July 21, 2017, Christy Olson filed a wage and hour action against SBJLG. Ms. Olson's Complaint asserts that she was not paid for...

Excerpt: ...IAL OFFICER: JILL C FANNIN HEARING DATE: 01/11/2023 Order in Agueda Valencia v. Nissan North America, Inc. (Case No. 22STCV10643) from the Los Angeles County Superior Court, Department 17 on November 16, 2022 is granted. (Evid. Code §§ 452, 453.) Procedural Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale ...

Excerpt: ...dants' contention that they were never served with the motion (the error appears to be service of prior counsel rather than service on counsel of record). There is no proof of service on file for the motion for leave to file supplemental complaint. Nevertheless, Defendants filed an opposition and a declaration in support of opposition. The Court declines to deny the motion on this basis. For the following reasons, the motion is granted. Plaintiff...

Excerpt: ... the Motion. This Motion was continued from January 4, 2023 to allow the moving party to file the signed declaration which was inadvertently filed unsigned. For the reasons set forth below, Motion is granted. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing develop...

Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...

Excerpt: ...NIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/09/2023 2 Distress is denied. Background Plaintiff Genevieve Carlon brings this action for elder abuse, negligence, and violation of patient's rights. Plaintiff Lisa Carlon is the daughter and duly appointed Guardian ad Litem of Plaintiff Genevieve Carlon. Plaintiff Lisa Carlon brings a claim for negligent infliction of emotional distress. On...

Excerpt: ...2023 21 residential property in Pleasant Hill, California and alleged violation of the standards for residential construction in violation of Civil Code §§ 896 and 897. On March 30, 2022, Defendants Mayari Development, LLC and Margarita Veronica Blanco, individually and as trustee of the Margarita Veronica Blanco‐Ortiz Trust (“Defendants”) filed a petition to compel arbitration. Thereafter, on April 14, 2022, a default was entered as to D...

Excerpt: ...alifornia. Plaintiffs filed the initial Complaint on October 23, 2020, naming, among others, Defendant Damien Sean Lamont Ross (“Defendant Ross”) and CrossComplainant Ms. Ordonia. Cross‐ Complainant filed an answer to the Complaint on January 24, 2022. On February 22, 2022, Cross‐ Complainant filed a motion for leave to file a cross‐complaint against Defendants Sokolovski and Espinoza for indemnity. That unopposed motion was granted on ...

Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...

Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...

Excerpt: ...ause, according to them, plaintiff in his recent deposition refused to answer a large number of questions without justification, instead asserting frivolous objections and refusals to answer. The details of this contention are not yet provided, given that the deposition transcript is not yet available. The two examples given in the present motion, however, certainly appear to bear out the contention. Defendants want time to prepare and litigate a...

Excerpt: ...vil Procedure (“CCP”) § 877.6(a)(2) determining that the settlement of this action proposed by Plaintiffs Vanecia Brown, Courtney Gordon, Sabrina Dennis, Roy Huskey, and Nicloe O'Neal (“Plaintiffs”) and Defendant Amazon is not in good faith. In the alternative, Syntruck asks for an order to stay the Settlement and grant a continuance to permit Synctruck to conduct discovery to properly evaluate the Settlement. For the following reasons, ...

Excerpt: ...1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 01/04/2023 Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' position...

Excerpt: ...asons set forth below, the hearing on this matter is continued until January 11, 2023. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing development. It was notified by homeowners of two of the homes had significant problems with the ceramic floor tiles, including t...

Excerpt: ...h plaintiff was covered by a collective bargaining agreement. (Van Dam dec.) These agreements are attached as exhibits A, B and C to Van Dam's declaration and the Court references these agreements as A, B and C respectively. Ellis' employment was covered by agreement A, Shay's employment was covered by agreement C, and Treanor's employment was covered by agreements B and C. (Van Dam dec. ¶¶ 3‐9.) Agreement A includes an arbitration clause in ...

Excerpt: ...nt is granted. Accordingly, as there is no remaining basis for liability as to Defendant Walnut Creek, Defendant's motion for summary judgment is also granted as to Cross‐Complainant's Cross‐ Complaint for indemnity, contribution, apportionment, and declaratory relief. Factual Background This matter pertains to a car versus bicycle accident that occurred on August 23, 2019. On that date Togtokh (“Tommy”) Oyuntseren (hereinafter “Plainti...

Excerpt: ...property and (2) taking any action that may threaten the health of the mature cherry tree that is located at or near the border between the parties' residences. Defendants are not enjoined from taking down the existing fence and constructing a new fence on the legal boundary between the two residences, as shown on defendants' October 2022 survey. This aspect of the Court's ruling, however, is subject to the following limitations: • Defendants s...

Excerpt: ...A First Amended Complaint adding sex discrimination claims was filed February 27, 2020. A Second Amended Complaint was filed June 11, 2020, raising claims under PAGA. Ultimately, the allegations include non‐compliant meal and rest periods, waiting time, wage statement claims, and failure to pay wages claims. (The individual discrimination claims were dismissed on September 30, 2022.) Masterson filed a related complaint, which was consolidated w...

Excerpt: ...mplainant” or “Agra Tech”)'s First Amended Cross‐Complaint (“FAXC”). Cross‐Defendant Natura Management, LLC demurs to the causes of action for (2) negligent misrepresentation, (3) intentional misrepresentation, and (4) fraud. Cross‐Defendants Natura Management, LLC; Natura Development, LLC; Natura Cultivation, LLC; and Phoenix Development, LLC demur to the causes of action for (5) negligence, (6) implied indemnity, (8) equitable i...

Excerpt: ...s Song‐Beverly Consumer Warranty Act and the federal Magnuson‐Moss Warranty Act. The operative First Amended Complaint (“FAC”) alleges that on April 27, 2022 Plaintiff Shonte Herse purchased a 2019 Harley‐Davidson Touring Street Glide motorcycle from Defendant Harley Davidson Motor Company, Inc. and Does 1‐20. (FAC, ¶ 5.) Plaintiff alleges he received certain express and implied warranties from the manufacturer and seller of the vehi...

Excerpt: ...and Jack Herico bring this class action complaint against John Muir Health, which operates, controls, and manages three hospitals and several outpatient centers and urgent care facilities. Unbeknownst to Plaintiffs and John Muir Health's patients that use the website, John Muir implemented a tracking pixel designed to record and transmit their interactions with the website to Facebook. If the patient is also Facebook user, the tracking pixel is d...

Excerpt: ... Martinez, California 94553 ("Property"). For the reasons set forth, and subject to the conditions stated in this ruling, a preliminary injunction shall issue enjoining and restraining the conduct of the foreclosure sale against the Property. Among other conditions set forth below, this ruling is conditioned upon Plaintiff filing an executed version of his declaration dated November 28, 2022 filed in support of his Ex Parte Application, updated t...

Excerpt: ...matter of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 5 law with respect to its first cause of action for contractual indemnity and (2) in the alternative, Whole Foods is entitled to a defense because Ruan has a duty to defend. Procedural Errors Whole Foods' separate statement does not comply with California Rule of Court, rule 3.1350(d) by ...

Excerpt: ...urt Order, and Portions of the Memorandum in Support of Motion to Seal. The Motion is unopposed by Defendants. Nevertheless, the Court evaluates the Motion pursuant to California Rules of Court, rules 2.550 and 2.551. California Rules of Court, rule 2.550(d) permits the Court to order court records sealed only if the Court expressly finds facts establishing all of the following: (1) There exists an overriding interest that overcomes the right of ...

Excerpt: ...or (1) declaratory relief (with respect to the July 30, 2020 Employment Agreement right to termination); (2) declaratory relief (Employment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 14 Agreement validity in light of Corporations Code § 300); (3) declaratory relief (Employment Agreement validity in light of undue influence and duress; (4) ...

Excerpt: ...ground SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/19/2022 9 Plaintiff Maria Gonzalez filed her complaint against Reliant Food Services, Inc. ("Reliant"), Shinja Kim, and Fernando Guerrero (collectively, "Defendants") in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code an...

Excerpt: ...udication of Issue Nos. 1, 2 and 6 is denied. Summary adjudication of Issue Nos. 3 and 5 is granted. Defendants' Issue No. 4 for adjudication is moot. Summary judgment on the complaint is denied. Relevant Factual and Procedural Background Defendants Nicole M. Evans and William F. Evans are former owners of a family residence within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes a...

Excerpt: ...sons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5950 ...

Excerpt: ...ons set forth, the demurrer is overruled. Defendant shall file her answer to the CrossComplaint by January 3, 2023. Background Plaintiffs are some of the co‐ owners of the property located at 221 Sanford Avenue, Richmond, California (the "Property") along with Defendants Tarnetta Tatum and Shenitta Singleton, who each own a 1/24th interest in the Property. Plaintiffs' Complaint seeks partition of the Property. On September 26, 2022, Tatum and S...

Excerpt: ...yled as being brought against Defendant “Café Campos Altos E.E. dba Our Coffees, Inc.” (“Our Coffees”) and Does 1 through 10. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 23 of 24 Peet's retained a California registered process server to serve the summons, complaint, and accompanying documents. (Declaration of Robert D. Eassa (“Eassa Decl.”) E...

Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 20 of 24 The Court will refer to this case by the last two digits of the docket number, i.e., the “18 Case.” Two other cases that generally relate to the Project are currently pending: C22‐00045 (the “45 Case”) and C22‐00227 (using the last three digits of the docket number, i.e., the “227 Case”) The defendant in the 18 Case, Divine Development Corp. LLC (“Divi...

Excerpt: ...und good attorney skills. Man was I wrong. After seeing the wheels come off his supposed “strategy” in a humiliating (but very predictable) crash and burn after his slow pace stretched the case timeline out unnecessarily, it became apparent that I had performed the professional equivalent of handing my teenage son the keys to a new Lamborghini. I've done a fair bit of reflection since then, and have been pondering the following: Is he the big...

Excerpt: ...as not reached a final decision on this matter, but has provided a tentative ruling to assist the parties in preparing for argument. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/15/2022 4 Real Party In Interest Reabold California, LLC has two oil wells in the Brentwood oil field that produce 300 barrels of oil and 300 barrels of water per day. Currently, the water is...

Excerpt: ...s and the managers of 400 Taylor Holdings LLC. In 2007, Bimal Patel and Matthew Sirott formed 400 Taylor Holdings LLC by adopting a preliminary Operating Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE...