Excerpt: ...general negligence; (2) medical malpractice; and (3) premises liability. For the following reasons, the motion for summary judgment is denied. The alternative moton for summary adjudication is granted in part and denied in part. It is granted as to the premises liability claim (count 3), but denied as to the medical malpractice claim (counts 1 and 2, treated as a single claim). Legal Standard Code of Civil Procedure S 437c(o)(1) and provide the r...

Excerpt: ... to exercise its discretion to reconsider the prior arbitration ruling at this point, for two reasons. First, while plaintiff has accurately described the state of the law, the legal issue must be regarded as unsettled in light of the pending Supreme Court review. And second, it is unclear that it would make practical sense to reverse only part of the prior ruling at this juncture, in light of the pendency and progress in the arbitration proceedi...

Excerpt: ...e administrator has mailed notices to 283 class members. After follow-up, no notices were non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plain...

Excerpt: ... solicited funds from him for purchase of Structured Assets. (ld. at 10.) According to Plaintiff, Defendant "represented to Plaintiff that Plaintiffs retirement funds would be loaned to individuals and in exchange the individuals would secure payment to Plaintiff from their monthly vested Federal Government Pension payments. Adao further advised Plaintiff that he could purchase options from a Performance Arbitrage company, Inc. SUPERIOR COURT OF ...

Excerpt: ...IA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 (925)508- 1127 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 01/17/2024 John Muir Health ("JMH") and John Muir Health Foundation, seeking compensation for the injuries she sustained from the fall. Legal Standards for Ruling on Defendant's Motion 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...

Excerpt: ...egligence; (3) Negligent Misrepresentation; and (4) Negligence. A demurrer to the complaint was partially sustained and plaintiffs filed a First Amended Complaint ("FAC") with the same causes of action and substantially the same facts. Plaintiffs allege an oral contract by which they retained SDE to visually evaluate framing in the attic of a home they sought to purchase prior to closing escrow. (Index of Evidence in Support of Motion, Amended Co...

Excerpt: ...party September 28, 2023. Non-party Brothers Smith opposes primarily on the basis that the motion to compel is untimely under Code of Civil Procedure 2025.480 and that plaintiff has not complied with the meet and confer requirement of Code of Civil Procedure 2016.040. For the reasons stated below, plaintiff's motion to compel is granted in part. The litigation in this matter has been going on for years. Plaintiff is the former spouse of defendant...

Excerpt: ...he complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent" of the...

Excerpt: ...anufactured by Defendant Zero Motorcycles, Inc. (the "Motorcycle"). The form complaint alleges a cause of action for Products Liability— broken down into three counts: (1) strict liability — based on (i) manufacturing defect, (ii) design defect, and (iii) warning defect; (2) negligence; and (3) breach of warranty — implied and express written. The Complaint alleges that Defendant designed and manufactured the Motorcycle, and that it was bei...

Excerpt: ...he arbitration award (or this Court's order confirming it) operates as res judicata as such, because the claims and defendants involved were different from those now asserted in the SAC against Budde. However, may operate as collateral estoppel. Is there authority supporting or rejecting the argument that a confirmed arbitration award establishes collateral estoppel binding the losing party to all legal conclusions reached in the arbitration awar...

Excerpt: ...fficient to constitute a cause of action (Code of Civil Procedure S 430.10(e). They also demurrer to the second cause of action separately claiming that it "is not properly justiciable", without citing any statutory source for that basis of the demurrer. Cross-Defendants' demurrer is overruled for the reasons set forth below. Factual Allegations and Background This matter pertains to a property dispute between two neighbors. Plaintiffs own proper...

Excerpt: ... to the first and eleventh causes of action. If plaintiff contests this tentatve to seek leave to amend those counts, he should come to the hearing prepared to discuss in detail how he proposes to amend, and how that will suffice. Because this is the first challenge to the complaint, plaintiff is given leave to amend as to all remaining causes of acton. Plaintiff shall file and serve any amended complaint by February 8, 2024. Should plaintiff ele...

Excerpt: ...inistration costs, and representative payment. The moton is granted. A. Background of the Case and Terms of Settlement This is 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 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/1...

Excerpt: ...ts, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 68 class members. 3 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving none nondeliverable. No objections were received, and only one class member opted out. The motion is granted, with a modification. Background and Settlement Terms Defendant provides safety monitoring services for utility lines an...

Excerpt: ...01/11/2024 31 supplemental declaration as stated herein. A. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a non-exempt employee from September 2016 to December 2020, although her job description is not provided. The original complaint was filed on April 12, 2021 as a class- action and PAGA case. The settlement would create a gross settlement fund of $285,000. The class representative payment...

Excerpt: ... defective design and installation of a fire suppression sprinkler system at the residence they built on their property located at 2 Crane Court, Orinda, California (the Property). Plaintiffs allege they engaged defendant and cross-complainant Advanced Automatic Sprinkler, Inc. to design and install the fire sprinkler system. Advanced filed a cross-complaint on January 27, 2022 and added Supreme Glass Company by Roe amendment as Roe No. 26. (UMF ...

Excerpt: ...ry 27, 2021, alleging one cause of action for negligence against defendant Nearon Enterprises. Nearon is the owner of a building where Plaintiff worked when she alleges she was locked in a bathroom. She asserts a claim for personal injuries she alleges she suffered trying to obtain help and escape the bathroom. Nearon filed its initial cross-complaint against Schlage Lock Company LLC for indemnity, contribution and declaratory relief on May 26, 2...

Excerpt: ...y logistical history since then. The parties missed their originally scheduled date for final approval in February 2023. The notice to the class was sent, but it was discovered that it had been sent to an overbroad list including salaried employees. This required a stipulation to send out corrective notices. The parties then found themselves in a Catch-22 where they couldn't send the notices until they had a hearing date for final approval, but t...

Excerpt: ...e motion is denied, as discussed below. Relevant Background Plaintiffs are a group of landowners who contend they are entitled to reformation of their deeds because their deeds do not include certain adjacent land that should have been included. Two of the plaintiffs, Greg and Jennifer Jerum, purchased 523 Santa Fe Avenue, Richmond, from the moving defendant, First Group, in March of 2018. (Separate Statement of undisputed Material Facts, hereina...

Excerpt: ...d. Overview of Complaint Plaintiff Emeziem & Others is a law firm that represented seven individuals — Melondy Spears, Candace Spears, Kela Spears, Olajuwon Spears, Shante Ray Jackson, Lashanda Ray, and Latondiwe Hasty (collectively, the "Beneficiaries"), in a Wills and Trust case filed in Contra Costa County (Case no. P21-00824). (q 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries — Willie L S...

Excerpt: ...a notice of application and hearing; and (3) a copy of the application and any affidavit in support thereof. (CCP S 512.030.) The file reflects service of the summons, complaint, notice of application, and application upon Defendants Amandeep Singh and NAVI Transport, Inc.. As a result, the court addresses the merits of the applications. Pursuant to CCP section 512.010(b), the application must be submitted under oath and include: (1) Plaintiffs b...

Excerpt: ...t Bell, Defendant Moreno began to make sexual remarks towards Plaintiff. This escalated to the point where, on December 10, 2022, Defendant Moreno physically assaulted Plaintiff and told her he wanted to have sex with her—on Bell grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/29/2023 on or about December 11, 2022, Plaintiff attended a meeting, accompani...

Excerpt: ... adjudication of the second affirmative defense to the cross complaint is treated as a moton for judgment on the pleadings and granted with leave to amend. Summary judgment is denied. Background This is an action for breach of contract arising from a home equity line of credit extended to Stephenses by National City Bank and secured by a second position Deed of Trust to their former residence at 2418 Santa Cruz Court, Byron, CA 94514. (undisputed...

Excerpt: ...4U and Defendant Jeffery Lee Klaus (collectively, "Defendants"). Plaintiffs also seek to dismiss a settled party, Defendant Suretec Insurance Company, and the Ninth Cause of Acton for Recovery of Contractor's Bond. Defendants oppose the motion on several grounds: delay, prejudice, failure to state a cause of action, statute of limitations, and substantive challenges to the cause of action for fraud. For the following reasons, the motion is grante...

Excerpt: ...oster care system when he was abused at facility (Tahoe Turning Point) where he was placed by the County as his legal custodian. (Compl. Intro„ 2, 3.) He alleges that between 1998 and 2000 when he was in foster care at the facility, a staff member of the facility sexually abused him multiple times. (Compl. 25-27.) He alleges that the defendants knew or should have known about the perpetrator's unfitness for his position and his sexual misconduc...