Excerpt: ... case as applicable to his remaining claims. The Court is staying those claims and referring them to arbitration, but they nevertheless remain in the complaint at least for purposes of framing the issues for arbitration. Whether he may be entitled to plead or collect punitive damages as to those claims will be for the arbitrator to decide. Attorney Fees The same is true of his prayer for attorney fees. The Option Agreement contains no contractual...

Excerpt: ...ses of action for premises liability and negligence. Accordingly, the motion for summary judgment is denied. Standard “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure § 437c(c).) “[F]rom commencement to conclusion, the party moving for summary judgment bea...

Excerpt: ...It is otherwise overruled. The Complaint Plaintiffs allege that Wu was walking their dog Sophie, a miniature Shetland sheepdog. Defendant Irina Volkov was walking the Volkovs' dog Gus, allegedly trespassing in the common area of plaintiff's homeowner association. Gus attacked Sophie, resulting in severe injuries to Sophie. Plaintiff Yung came rushing out of plaintiffs' house to intervene and was himself bitten and injured by Gus. Plaintiffs alleg...

Excerpt: ... judgment accordingly. Factual Background Plaintiff alleges that she suffered serious physical injuries and emotional distress when she was prevented from attending her father's funeral at Higgins Chapel. Plaintiff is estranged from her family, and alleges that she learned of her father's death and funeral only from reading the obituary. She went to Higgins Chapel with a friend, only to discover that her father's service was in progress. She furt...

Excerpt: ...an Alameda County Superior Court support and custody action, related case numbers D802925 and AF 12654762. (Opening Brief at 2:19‐21; Ex. A to Lawson Decl., Gov't Claim, p. 2.) The report was prepared by Donald Niall Fallin, Psy.D. Judge Bean stated during a hearing that month that the report had been received and was in the court's file. (Opening Brief at 2:23‐24.) At the trial in February 2014, Judge Pulido allegedly also acknowledged that ...

Excerpt: ...ims by Plaintiff Robert Tiernan for trespass and nuisance arising out of the use by bicyclists of a private road, Calle Arroyo, in a residential community known as Diablo. The Diablo community is comprised of 397 residential properties and the Diablo Country Club. (Compl. ¶¶ 6, 7.) A. The Quiet Title Action In 2017, Tiernan, along with other homeowners in the Diablo community, filed an action in this Court for quiet title and other causes of ac...

Excerpt: ...), as administrator of the JRS. The motion is opposed by plaintiff Bruce Van Voorhis. The role of the California Department of Human Resources (“CalHR”) is addressed in this ruling, but that department has not been named as a defendant. Defendants' motion for summary judgment is granted. Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff...

Excerpt: ...s, which was filed on August 27, 2020. 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 Ame...

Excerpt: ...of dissolving their marriage through family law proceedings currently pending in the family law division of this Court. Plaintiff filed her Complaint on April 15, 2020, setting forth four causes of action: (1) Battery‐ Domestic Violence, (2) Intentional Infliction of Emotional Distress (“IIED”), (3) False Imprisonment, and (4) Violation of Civil Rights. Defendant demurs, arguing that the statute of limitations has run on all four causes of ...

Excerpt: ...ONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 09/03/20 ‐ 15 ‐ through failure to issue the requested grading permit, so the court can address legal or factual deficiencies of these claim of breach in a subsequent pleading or summary adjudication motion. The court does not, however, require such a separation as to the current second cause of action for breach of the covenant of good faith and fair dealing because...

Excerpt: ...just enrichment seeking recovery of $300,000 in fees for providing care to her mother, Anita Chorbajian, now deceased, and $21,000 for her services managing Mrs. Chorbajian's assets. Defendant Gregg Chorbajian is Plaintiff's brother and is sued in his capacity as Co‐Trustee of the John E. Chorbajian and Anita Chorbajian Living Trust (the "Trust"). At the time she filed her lawsuit, Plaintiff was also a Co‐ Trustee of the Trust. The Trust is s...

Excerpt: ...to comply with the meet and confer declaration requirements of Code of Civil Procedure section 430.41(a)(3). However, Defendant does set forth that “counsel for the parties met and conferred via telephone and via email.” (Demurrer, 7:5‐8.) As such, and because the filing of the declaration is not grounds for overruling or sustaining a demurrer, the Court proceeds with its ruling. Background Plaintiff was hired in February 2015 as a Social W...

Excerpt: ...three years. They have filed a complaint alleging nine causes of action concerning habitability issues. Plaintiffs request punitive damages in connection with three of those causes of action: the fifth, for constructive eviction; the eighth, for retaliation; and the ninth for intentional infliction of emotional distress. Defendants now move to strike the request for punitive damages and the supporting paragraphs. The complaint alleges defendant R...

Excerpt: ...f's petition pertains to the application of California Insurance Code (hereafter “Ins. Code”) section 2071. That section provides that certain contractual provisions are mandatorily incorporated into any home insurance contract and sets forth the obligations of the parties “in case loss occurs.” When a loss occurs, the insured is required by the contract to do a number of things including the following: 1. Give written notice to this comp...

Excerpt: ...For the following reasons, the motion is granted. Request for Judicial Notice Defendant requests judicial notice of several Contra Costa County Recorder documents as well as pleadings and orders in other federal and state actions. The Request is opposed. The Request is granted. (Evid. Code §§ 452, 453.) The Court notes that certified copies of recorded documents are self‐authenticating. (Evid. Code §§ 1530, 1600; see also Fontenot v. Wells ...

Excerpt: ... the agreement, the defendants were required to repair the roof. However, the roof began to leak after the sale was completed. Plaintiffs sued the Sciarronis for breach of contract and sued the Sciarronis and their agent for the sale, Swepston, for misrepresentation. The Sciarronis filed a cross‐ complaint against Swepston. Swepston filed a cross‐complaint against the Sciarronis and Plaintiffs' agent/broker for the sale, David Anton and W.P.M...

Excerpt: ...g reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant requests judicial notice of several Contra Costa County Recorder documents as well as pleadings and orders in other federal and state actions. The Request is opposed. The Request is granted. Evid. Code §§ 452, 453. “[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the p...

Excerpt: ... means Mr. Bridges, and “plaintiffs” means both him and his wife.) In addition, B&C was sued for equitable indemnity, contribution and declaratory relief by Blocka Construction. B&C has filed this motion for summary judgment seeking judgment in its favor for both the complaint and cross‐complaint, arguing that B&C was not negligent. Plaintiffs have opposed this motion, though Blocka Construction did not. (Blocka has since settled with CONTR...

Excerpt: ...em, Tracy Clark). The TAC alleges claims for negligence and premises liability. For the following reasons, the unopposed MSJ to the TAC is granted. Classic should submit a judgment accordingly. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cann...

Excerpt: ...artinez were drinking to excess at the Hotel Mac with defendant Goshay present. Later, the three returned to Hill and Goshay's home. Plaintiff joined the three at Hill and Goshay's home after being invited over. Within a half an hour, Martinez became ill and was taken to a separate bedroom by Hill and Goshay. “Despite defendant Hill and Goshay's knowledge that Martinez had a history of violence after consuming alcohol, and without warning Plain...

Excerpt: ... that at approximately 11:57 p.m. on April 7, 2017, he was walking south on the western edge of Berry Drive in Pacheco when he was struck by a vehicle driven by defendant Roy Jarrard. (TAC ¶ 14.) That portion of the western side of Berry Drive had "a curb, and an apparent sidewalk area that abutted a fence along the eastern edge of Interstate 680." (TAC ¶ 15.) The pathway was "a dangerous condition as it was unpaved, was filled with mud, CONTRA...

Excerpt: ...ent as to PNC (unlike as to Clear Recon, see Line 13), she has not updated her factual allegations to reflect intervening events. For example, the FAC continues to allege that the foreclosure sale is scheduled for November 29, 2019 – but this pleading was filed in April 2020. The FAC gives the Court no information on what has happened since, or whether plaintiff still owns or occupies the property. This demurrer calls for a little more discussi...

Excerpt: ... car maintenance in public areas, trash, letting her dog run off‐leash, leaving her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/27/20 ‐ 4 ‐ garage door open, noise, and threatening a vendor of the HOA. Defendant did not contest the application for a temporary restraining order (which was denied), and has filed no opposition to the Order to Show Cause re Preliminary Injunction. The motion is granted, with...

Excerpt: ...f action here are unprotected statements to the plaintiff's subtenants. As such, the burden does not shift to plaintiff to show a probability of prevailing, as further discussed below. Background In his Complaint, plaintiff Raul Vasquez (“Plaintiff”), states that he leases property from E & J Enterprises in Richmond, California pursuant to a written lease agreement (“Lease”). Eugene Maffei (“Defendant”) and James Maffei are the owners...

Excerpt: ...des a detailed statement of facts and summary of the evidence before the Court based on the motion and opposition papers filed by specially appearing defendant Brookfield Residential Properties, Inc. ("Brookfield RP Inc.") and plaintiff Novin Development Corp. ("Novin Corp"), respectively. The Court summarizes those facts and pleadings again here. In its first amended complaint ("FAC"), Plaintiff Novin Corp alleges it entered into a joint venture...