Excerpt: ...from the Cross‐Complaint: Paragraph 41 in its entirety (p. 10, ll. 1‐5); Prayer for Relief ¶ 6 (p. 11, l. 27). Factual Background Plaintiff and Cross‐Defendant Derek Guido De Petra, a Sole Trustee of the Irrevocable Trust Created by the de Petra Family 1998 Revocable Trust, Amended and Restated February 4, 2014 ("De Petra") is the owner of a medical office building in Moraga in which PPS was a tenant under a lease of Suite 205. (Cross‐Co...

Excerpt: ...is overruled. Factual Allegations Plaintiff is the owner of a medical office building in Lafayette (the "Property"). (Compl. ¶ 1.) Plaintiff entered into an agreement with defendant GTE Mobilnet of California Limited Partnership ("GTE") allowing GTE to install telecommunications equipment on the roof of the building and other locations at the Property. (Compl. ¶ 9.) GTE engaged defendant Quality Telecom Consultants, Inc. ("QTC") to install the ...

Excerpt: ...icle negligence arising from a head on collision in Sacramento County on August 24, 2018 between Edmar Ferreira Da Silva (hereinafter “Edmar” due to the similar surnames of several defendants) and plaintiffs, Betty and Bertin Avognon. (Complaint, 4.) Plaintiffs sue the remaining defendants, Federal Paving Systems, Inc., Deivide M. Da Silva; and Deivide Luiz Da Silva; as Edmar's employers (collectively, “employer defendants”), under theori...

Excerpt: ...erwork notarized and personally delivered to the offices of plaintiff's attorney no later than October 30. If defendant is still represented by Mr. Williams at the time of this hearing, Mr. Williams is responsible for delivering the easement to defendant. If defendant is once again selfrepresented, plaintiff shall personally serve the paperwork on defendant no later than Friday, October 16, 2020. Plaintiff contends defendant has violated the agre...

Excerpt: ...eet lighting, a deteriorated condition of the roadway and other defective conditions for nighttime traffic contributed to the cause of the accident. His FAC asserts two causes of action: a first cause of action against the County for liability for a dangerous condition of property (FAC ¶¶ 10‐20), and a second cause of action for negligence against Emerson Gomez and Sarah Gomez, as the driver and owners of the vehicle that struck Plaintiff (FA...

Excerpt: ...published an interview with plaintiff related to his career and his book. (Comp. ¶8.) From May to November 2019, defendant began making various statements about plaintiff on defendant's various Twitter accounts. (Comp. ¶¶10‐15.) Defendant owns several accounts on the “popular social media site Twitter”. (Comp. ¶7.) These statements generally claimed that plaintiff was promoting conspiracy theories. A couple of tweets made reference to p...

Excerpt: ..., however, Homeguard's own evidence undermines its own assertions. It therefore has not carried its burden to shift any burden to cross‐complainants to disprove Homeguard's factual defense. Background In October of 2014, plaintiff James Nikides entered into a written agreement to purchase real property located at 5401 Martis Court in El Sobrante. Plaintiff had engaged the services of Defendant/Cross‐Complainant Yamille Kosowan, a licensed rea...

Excerpt: ...st cause of action. So treated, the motion is granted with leave to amend. Plaintiff may file and serve a first amended complaint by November 6. If he elects not to do so, defendants will have already answered the existing complaint. This motion is brought on the sole ground of limitations. Its answer therefore hinges on the answer to a single question: which statute of limitations applies to the first cause of action? Is it the three‐year limi...

Excerpt: ...ng, LLC (“PHH”) (collectively, “Defendants”). The Demurrer relates to the Second Amended Complaint (“SAC”) filed by Plaintiff Saviour Azzopardi (“Plaintiff” or “Azzopardi”). The SAC alleges cause of action for (1) wrongful foreclosure; (2) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendants demur pursuant to Code of Civil Procedure § 430.41(e) on the grounds that Plaintiff has ...

Excerpt: ...8th Street, in Richmond, California. Defendant hired plaintiff to perform the services. (¶ 2, 9.) After incorporating the facts alleged above, the Third Cause of Action purports to allege a cause of action under Labor Code section 3706 by alleging that plaintiff was an employee of defendant when he was injured, he was injured in the course and scope of his employment, defendant was required to maintain worker's compensation insurance, and defend...

Excerpt: ...8, which alleged meal and rest break violations, as well as derivative violations arising from the meal and rest break violations. The agreement provides a settlement class consisting of non‐exempt employees employed from January 22, 2015, through the date of preliminary approval, and is estimated to include 340 to 395 members. A gross settlement of $315,000, non‐ reversionary, will be paid to the Settlement Administrator. The employer's shar...

Excerpt: ...erits of the proposed new causes of action. The Court exercises its discretion to defer a consideration of the merits for future proceedings. (See, Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760 [“we believe that the better course of action would have been to allow [the plaintiff] to amend the complaint and then let the parties test its legal sufficiency in other appropriate proceedings”].) The Court notes that it would be particularly...

Excerpt: ...tate Compensation Insurance Fund (SCIF), an insurance issuer and underwriter, provided Defendant RBE Construction, Inc. dba Slingshot Drywall, with a workers compensation insurance policy. The policy covered a period from September 13, 2015 through September 13, 2016. Workers compensation insurance premiums are originally based upon an estimate at the inception of the policy and actual earned premiums are not calculated until the policy expires a...

Excerpt: ...ued September 17, 2020 is dissolved. Factual and Procedural Background This is a business dispute among parties who provide test preparation and tutoring services. Generally, Plaintiffs, two individuals (Joan Cuenco and Dan Harrington) and their respective corporate entities (Joan Cuenco Consulting, LLC ("JCC") and On Track Learning, LLC ("OTL")), allege Cuenco, OTL and Bruns had a partnership from April 2019 until disputes arose in August 2020. ...

Excerpt: ...cility (“Atria”), by representing to plaintiff and her family that they would be providing for her medical needs, providing plaintiff with extensive mobility assistance, activities of daily living, transfers, extensive supervision, and status checks. (Complaint, ¶3.) Plaintiff later suffered from a serious fall and was left alone, despite calling for assistance. (Complaint, ¶4.) Plaintiff broke her left hip and, despite pushing the button o...

Excerpt: ...eedings below. The Court finds that this Ordinance is a project under CEQA as it appears reasonably foreseeable that the Ordinance could cause indirect physical changes. The Court is inclined to find that the Ordinance is covered by a categorical exemption, specifically Class 8. When deciding if a CEQA Project is covered by a categorical exemption, the respondent has the burden of showing there is substantial evidence that the Project fits within...

Excerpt: ...s granted. The award is confirmed. (See CCP § 1285.2.) Background This matter involves a 2013 real estate transaction wherein the Mattoxes, buyers of residential property, subsequently found defects in the property, which they contend that the sellers, the Shulmans, should have disclosed and instead concealed. Pursuant to the arbitration clause in their purchase agreement (see California Residential Purchase Agreement and Joint Escrow Instructio...

Excerpt: ...ine maintenance service and for a paint touch up. After the service and soon after Plaintiff left the dealership, a warning signal, “Chassis Function Restricted,” lit up the dashboard. Plaintiff returned the vehicle for repairs. When Plaintiff picked up his vehicle, he was verbally assured that his car had been fixed and it was absolutely safe to drive. On the drive away from the dealership, the suspension completely failed. Plaintiff alleges...

Excerpt: ...f alleges she owns 50% interest in the property and Defendant owns the remaining 50%. Plaintiff filed this action to partition the property by sale. Motion Defendant Charles Willis moves for summary judgment on the ground Plaintiff has no interest in the property and thus has no standing to bring this partition action. Code of Civ. Proc. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/07/20 ‐ 4 ‐ § 872.210 9(...

Excerpt: ... Civil Procedure section 473. So construed, the motion is granted. Plaintiff shall file and serve the amended complaint by October 19, 2020. Background Plaintiff Terrence Brewer, a 31 year‐old, African‐American male, and disabled Army Veteran, alleges that he was attempting to pick up his vehicle from the Chevrolet dealership in Concord on May 3, 2019, when he was discriminated against and assaulted by the dealership employees. On August 13, ...

Excerpt: ...rrer raises a single argument. It says that the fourth cause of action, for negligence against Allianz, is barred by the two‐year statute of limitations set forth in Code of Civil Procedure section 339(1). Legal Standards It is well settled that a demurrer admits all properly pleaded material facts, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) The Court also may con...

Excerpt: ...ober 17, 2020 if she elects to amend her claim for breach of a mandatory duty under Government Code § 815.6 in accordance with this ruling. If she elects to do so, the Court requests that the claim based on Government Code § 815.6 be set forth as a separate cause of action, labeled as such, in a separate attachment if Plaintiff uses the Judicial Council form complaint. Factual Background Plaintiff Maria Duran alleges that she was walking in a c...

Excerpt: ...any supplemental pleadings based upon any new evidence that they have discovered those pleadings shall be filed by the plaintiffs with the court and served on the defendants on or before November 30, 2020. If the defendants, Bordogna and Keller‐Williams wish to file any responsive pleadings, those pleadings shall be filed on or before December 14, 2020. Background In June 2015 plaintiffs Joseph and Rosalia Polizzi purchased 389 South Avenue in ...

Excerpt: ...n filed a complaint against her with the Financial Industry Regulatory Authority (FINRA) in 2018. Johnson claimed she was damaged in connection with Plaintiff Tarr's investment advice and management of Johnson's $320,000 investment portfolio. Tarr alleges Johnson made with her investments with Tarr through the broker‐dealer Royal Alliance Associates in 2007 and 2008, and continued her investment relationship with Tarr in 2010 when Tarr moved to...

Excerpt: ... COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 10/02/20 ‐ 8 ‐ Facts Alleged This action asserts claims for personal injury and property damage arising out of an alleged incident on March 20, 2019. They allege defendant Jeremy Perkins committed vandalism on their vehicles and other property and inflicted emotional distress when he “stalked” Mr. Harrison at his home and threatened to return with a gun. As to GFOS, p...