Excerpt: ... or medical groups who are members, former members, or managers of a limited liability company, California Imaging and Treatment Center (“CITC”). 2. In the spring of 2019, Dr. Bimal Patel filed an action on behalf of CITC against Dr. Sirott, Dr. Robles, and others. The matter was referred to arbitration in the summer of 2019, and an arbitration was commended before the Honorable Bonnie Sabraw (Ret.) (the “Arbitrator”). 3. On September 6, ...

Excerpt: ...��actions, Case No. MSC20‐01714 ("Bennett Action"), now consolidated for discovery and pre‐trial proceedings with Case No. MSC20‐01593. For the reasons set forth, the motion is denied, without prejudice. Factual Background On March 11, 2020, an East Bay Municipal Utility District ("EBMUD") water line broke causing water to flow down Tappan Terrace located in a residential neighborhood in Orinda. (FAC ¶ 25.) There was a landslide and damage...

Excerpt: ... on the failure to allege sufficient facts to state a cause of action (due to the statute of limitations expiring) and on uncertainty. Defendant argues the statute of limitations has run on the negligence claims. Code of Civil Procedure section 339(1) “imposes a two‐year limitation on all actions on ‘obligation or liability not founded upon an instrument of writing.' It has been construed to cover actions based on negligent wrongs not invol...

Excerpt: ...ce of a preliminary injunction would not be an appropriate exercise of discretion. (See City of San Jose v. MediMarts, Inc. (2016) 1 Cal.App.5th 842, 850; O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463‐64.) Plaintiff allowed the first priority loan to go into default, to the point where a trustee's sale was set. Plaintiff could not reasonably expect defendant, the holder of the second priority loan, to stand idly by. It would app...

Excerpt: ...owers”), and Defendant Agave Grill Corporation (“Agave Grill”), (collectively, “Defendants”). “An injunction cannot issue in a vacuum based on the proponents' fears about something that may happen in the future. It must be supported by actual evidence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian...

Excerpt: ...rding the cause of action for breach of contract are undisputed and that defendant is entitled to judgment as to the entire case as a matter of law. (See the evidence and material facts cited in the body of this ruling.) The motion for summary adjudication is denied as to that cause of action for the same reasons, but granted as the Second Cause of Action. Defendant has met its initial burden to establish there was a genuine dispute about the val...

Excerpt: ...r system for their residence which they built on their property located at 2 Crane Court, Orinda, California (the "Property"). They allege the sprinkler system leaked on multiple occasions, causing water damage to their home. Plaintiffs filed their original complaint in March 2019. In April 2021, Plaintiffs were granted leave to file a first CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/06/22 ‐ 13 ‐ amended ...

Excerpt: ...mily estate. The family intended the sizeable fortune, amassed during the lives of Robert C. and Lois Braddock, to go to charities upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which could exceed $100M, the Braddock trust developed a two‐step plan to assure the estate passed to the charities. The first step was approval of certain trust modifications by the probate court. The second s...

Excerpt: ...endants”), who oppose the motion. Cross‐defendants argue Reid has added material that expands the scope of what was previously alleged. They argue that the amended pleading raises new claims such as the deprivation of support for Reid's property. They further take issue with Reid's declaration, arguing it does not comply with California Rules of Court, rule 3.1324(b), which requires declarations in support of amending a pleading to include an...

Excerpt: ...ackground CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/23/21 ‐ 12 ‐ The FAC alleges that Robert J. Mann, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused dam...

Excerpt: ...it doubted plaintiff could successfully amend, but it granted leave to amend one more time. The court incorporates that ruling by this reference and therefore abbreviates its discussion here. Plaintiff fell on August 15, 2018, while exiting the San Pablo Library, suffering various injuries, including a fracture to her right ankle that required surgery. The Library is operated by Contra Costa County, but its building and grounds are controlled by ...

Excerpt: ...1) Dangerous Condition of Public Property, 2) Violation of Gov. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 10 ‐ Code §815, §820, and §835. Defendant also has moved to strike all claims against it except for the claim for dangerous condition of public property pursuant to Gov. Code §835. Defendant also asks the court to take judicial notice of the City's Crosswalk Policy (Ex. A). As set forth b...

Excerpt: ...y 6, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 19 ‐ Edwin Tiu and Fire Wings Concord sued Fire Wings International, LLC, Long Trinh, and Susan Trinh for terminating a franchise agreement. Fire Wings International filed a crosscomplaint against Edwin Tiu and Fire Wings Concord for (1) intentional interference with prospective economic relations (against Tiu), (2) negligent interference with ...

Excerpt: ...iduciary duty; (3) negligence; (4) breach of implied covenant of good faith and fair dealing; (5) continuing nuisance; (6) continuing trespass; and (7) declaratory relief. Defendant seeks to strike paragraphs 76, 103, 113 of the Complaint and paragraphs 7‐9 of the prayer for relief. Specifically, Defendant seeks to strike the Plaintiffs' request for injunctive relief and prayer for punitive damages. The motion is denied‐in‐part and granted�...

Excerpt: ...August 1, 2018, defendants, who speak Tagalog, posted a housing advertisement for a studio on Craigslist. It stated the studio would be perfect for a "pinay or pinoy." Plaintiff responded, but did not ultimately become a tenant. Plaintiff filed a discrimination complaint CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 7 ‐ against defendants with the Department of Employment and Fair Housing ("DEFH"). I...

Excerpt: .... B. There Are No Pleadings That Would Allow The Court To Evaluate The Potential “Merits” Of Plaintiff's Claims Against Baypick. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 14 ‐ The second ground for denying plaintiff's motion requires more elaboration. The stated purpose of the previously issued preliminary injunction was to allow plaintiff an opportunity to get this case at issue, so that the...

Excerpt: ...iv. Code §12940(a)), (2) Discrimination Based on Religion (Civ. Code §12940(a)), (3)Hostile Work Environment (Civ. Code §12940(j)), (4) Retaliation (Civ. Code §12940(j) and (k)), and (5) Failure to Prevent Discrimination, Harassment, and Retaliation (Civ. Code §12940(j) and (k)). As set forth below, Defendant's demurrer is overruled on Counts One, Two, Four and Five. Defendant's demurrer on Count Three (Hostile Work Environment) is sustained...

Excerpt: ...LIFORNIA DEPARTMENT: 33 HEARING DATE: 12/09/21 ‐ 7 ‐ I. Brief Factual Background Plaintiffs Brenda Price and Reginald Price (“plaintiffs”) are the adult children of Dorothy Vernita Williams, who, prior to her death in August of 2020, suffered from multiple health problems. (Complaint, ¶¶18‐21, 46.) (For clarity, the parties will be referred to by their first names. No disrespect is intended.) Dorothy also had another child, Monique Wi...

Excerpt: ...� 410.10.) A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate "'traditional notions of fair play and substantial justice.' " (International Shoe Co. v. Washington (1945) 32...

Excerpt: ... and the preliminary injunction issued April 23, 2019 shall be dissolved. Factual Background U.S. Bank is the holder of a deed of trust recorded in 2007 encumbering the residential real property located at 2354 Alameda Diablo in Diablo (the " Property"). Mojdeh Salehomoum sued her former partner Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income...

Excerpt: ...1.4; 9 U.S.C. § 3.) Principal and Pershing request arbitration of this dispute as to them based on agreements that decedent Katherine Hill‐Ford (“Hill”) signed when she established four brokerage or IRA accounts as to which plaintiff, Ford, claims an interest as her spouse and based on commingled assets. The Agreement pertaining to Principal contains a provision that all controversies concerning “my account . . . or the . . . performance...

Excerpt: ...: (1) its First Cause of Action, for Inverse Condemnation, is valid; (2) its Fifth Cause of Action, for statutory violations is valid; and (3) San Francisco's Eighteenth Affirmative Defense, under section 831.25 of the California Government Code, is invalid. The motion is denied as to all three issues. Triable issues of fact exist whether the portion of the Arroyo that San Francisco owns is part of a public improvement and substantially caused da...

Excerpt: ...ethod reasonably calculated to ensure nextday delivery. Exercising its discretion, the court will consider it anyway. However, plaintiff needs to take care in the future to ensure that he complies with CCP § 1005 (c). Background The court reviewed this matter in its order on the demurrer to the original complaint. That ruling is incorporated herein. In summary, this case involves a dispute between Lawrence Ford, the husband of the decedent, Kath...

Excerpt: ... demurrer is sustained without leave to amend as to the Fifth and Sixth Causes of Action. As to the Seventh and Eighth Causes of Action, the demurrer is overruled. Plaintiff shall file and serve any amended complaint on or before December 23, 2021. Background Plaintiff RisoftDev Inc. alleges this is a case of breach of a fundraising contract and conspiracy to divert corporate opportunities, as well as theft of confidential proprietary and trade s...

Excerpt: ... 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 entirely in EBO. Sirott and Robles had the other 50%. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. After the Second Amended Complaint was filed, the Subject Property was sold in September 2019 to a third party. Prior to...

Excerpt: ...t aside the default, which was rejected by the Court. (Chan decl. ¶5.) Later, Martinni Inc. dba Harmony Beauty Spa filed an answer. Plaintiff was then successful in striking that answer since Harmony Beauty Spa was in default at the time the answer was filed. Defendant has now filed a motion to set aside the default. This motion is somewhat unusual and requires a two‐step analysis on the default issue. First, the Court must decide if, under it...

Excerpt: ...the time of the alleged wrongful conduct. The MJoP next contends that the CLRA claim fails because the relevant product is an intangible financial product, and so the CLRA does not apply. Finally, the MJoP says that the 17200 claim fails because no actionable conduct has been alleged. Williams opposes each of these contentions. Before addressing the merits of the MJoP, the Court first rules on the request for judicial notice that is before it in ...

Excerpt: ...king hazard, and that Decedent then choked to death. (Comp. ¶14.) Defendant demurs to the second cause of action for elder abuse based upon neglect. Neglect is defined in the code as either “(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” Or “(2) The negligent failure of an elder or dependent adul...

Excerpt: ...action is dismissed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural...

Excerpt: ...mine the scope of the relevant arbitration agreement and its applicability to this dispute. The parties do not dispute that an arbitration agreement exists between them, but in its opposition, Skyline contends that the arbitration agreement does not encompass the present dispute. The Court considers that the MTC presents two questions for resolution. First, must the Court decide if the present dispute between Skyline and Loy is within the ambit o...

Excerpt: ...e to join the trustee of the trust alleged in the FAC, as well as pursuant to Code of Civil Procedure § 430.10(e) for failure to allege facts sufficient to constitute a cause of action. For the following reasons, the Demurrer is sustained, without leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420....

Excerpt: ...sed in California in its entirety. Plaintiff's claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the county of New York, state of New York as the jurisdiction for those claims. Request for Judicial Notice Both Plaintiff and Defendant's unopposed requests for Judicial Notice are granted. (Evid. Code §§ 452, 453.) Brief Background Facts and Procedural Posture Plainti...

Excerpt: ... B. Gilbert and Judy B. Gilbert Trust Dated January 28, 1999 ("Gilberts" or "Moving Parties"). In its September 30, 2021 tentative ruling, the Court requested supplemental briefing from the parties on certain issues. The Gilberts, East Bay Municipal Utility District ("EBMUD"), Nick Lawrence, Trustee of the 911 Trust, and Barbara Sorenson ("Lawrence/Sorenson"), and the Bennetts filed supplemental memoranda, and Defendants and Cross‐Complainants ...

Excerpt: ...488 (“Tech‐Bilt”). Background On August 22, 2019, while driving on Highway 80, plaintiff was rear ended by defendant Garcia, who was, in turn, rear ended by defendant Cilirino Llanto Angulo. It appears that defendant Angulo was working for Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medica...

Excerpt: ...esides or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlord‐tenant habitability case. The parties have reached an impasse in settlement negotiations. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and Bedbug Addendum to the leases. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/21/21 ‐ 2 ‐ Plaintiffs fil...

Excerpt: ...st added this claim to her case through a motion for leave to file a Second Amended Complaint. In the ruling granting that motion, the court observed that this new count appeared to state a cause of action. The court did this because failure to state a cause of action was a ground that defendants claimed justified denying leave to amend. Plaintiff only filed the Third Amended Complaint because defendants demurred to the Second Amended Complaint a...

Excerpt: ...iv. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) violation of Civ. Code § 3273.15; (4) negligence; (5) wrongful foreclosure; (6) interpleader pursuant to Code Civ. Proc. § 386, Civ. Code §§ 2924j and 2924k; (7) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.); and (8) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to Plaintiff's causes of action pursuant to Code of Civil P...

Excerpt: ...plaintiff fell while exiting the San Pablo Library on August 15, 2018. (SAC, ¶ 10, 11.) The San Pablo Library is part of the county library system and is operated by the County. (¶ 8.) Plaintiff presented a claim to the San Pablo Library, care of the County, within six months of the date of her injury, on February 8, 2019. (¶ 19.) On June 7, 2019, the County sent a letter to the City demanding defense and indemnification for plaintiff's claim,...

Excerpt: ...n, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (FAC ¶¶ 1, 2, 5, pp. 8‐9, 11‐12.) Robert J. Mann passed away before this action...

Excerpt: ...earing on the motion is continued to 9:00 a.m. on October 21, 2021 for supplemental briefing on the issues set forth below. Factual Background The matter before the Court involves three civil actions that have been consolidated for purposes of discovery and pre‐trial proceedings, including David Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and...

Excerpt: ...udication are denied, and Kaur's motion for summary judgment and alternative motion for summary adjudication are denied. Background This action arises out of a sale by Kaur of the real property located at 1631 Surrey Court in Walnut Creek (the "Property"). WFG provided an owner's policy of title insurance to Noel and Beatrice Concepcion ("Buyers") in connection with the sale. After the sale closed, the Buyers made a claim against WFG on the owner...

Excerpt: ... 33 HEARING DATE: 09/16/21 ‐ 10 ‐ Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and Dawn Bennett v. East Bay Municipal Utility District, et al., and related cross‐ actions, Case No. MSC20‐01714 ("Bennett Action") ("Consolidation Motions") filed by East Bay Municipal Utility District ("EMBUD") and by David Estopinal. A joinder in the Conso...

Excerpt: ...h grade at Anova, having been referred by the School District. Anova added physical restraints to their discipline of Plaintiff. On September 17, 2018, Plaintiff “eloped” from campus and was restrained in the parking lot by staff. Plaintiff was allegedly thrown down and landed on his back on top of a concrete parking median. Plaintiff suffered injuries to his neck, back, arms, wrists, hands, and fingers. A MRI on May 17, 2019, revealed a C4�...

Excerpt: ...rred is overruled as to the First Cause of Action for Contractual Indemnity and Third Cause of Action for Declaratory Relief. Cross‐Complainant shall file and serve the amended complaint on or before October 7, 2021. Background Plaintiffs Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brought this action to hold Armanino LLP and its employee Gunther Hofmann re...

Excerpt: ...forth, the motion to compel arbitration by the Hassen Defendants joined in by the Ogando Defendants is granted, the clause of the third paragraph of the arbitration agreement stating "AND THEIR RIGHT TO CONDUCT DISCOVERY (EXCEPT AS THE ARBITRATOR MAY PERMIT)" is severed and stricken, and this action is stayed pending completion of the arbitration proceedings. Factual Background Plaintiff Larry Stidham, through his attorney in fact Mary Stidham‐...

Excerpt: ...09/21 ‐ 2 ‐ Background Defendant / cross‐complainant, Jennifer "Jenny" Ying Lin Lu, and plaintiff / crossdefendant, Michael Murphy, were engaged to be married. (FACC, ¶1.) In September 2017, parties were ending their engagement and accordingly, entered into an agreement. (Ibid.) The agreement is three pages long and is attached as Exhibit A to Murphy's verified complaint and as Exhibit 1 to Lu's original cross‐complaint (Exhibits C and B...

Excerpt: ...o request leave to amend she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed amendment will solve the problems. Background Plaintiff is the mother of the decedent, Steven Armstrong. She files suit for wrongful death against the CHP and others, following Armstrong's death while walking along Highway 4. The basis for the claim against the CHP is that its officers twice encountered Armstrong ...

Excerpt: ...portions of Plaintiff's First Amended Complaint are stricken: paragraph (f), page 15, ll. 14‐17 ("Punitive damages for Bay Area Property Services/Two Worlds Pleasant Hill Gregory Lane Owners' Association's breach of fiduciary duty, and failure to provide proper care, upkeep, replacement, and improvement, according to proof"). Factual Background The FAC alleges that Robert J. Mann, now deceased, lived in a condominium unit managed by the Propert...

Excerpt: ...o the requirements of Corporations Code § 17709.02. This section also provides, "Any member who does not meet these requirements may nevertheless be allowed in the discretion of the court to maintain the action on a preliminary showing to and determination by the court, by motion and after a hearing at which the court shall consider any evidence, by affidavit or testimony,” (Corp. Code § 17709.02.) Plaintiffs attempted to make the showing in ...

Excerpt: ...uction; (7) negligent design; (8) negligent property inspection; (9) breach of implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that FDRW did not owe Plaintiff a duty. For the followin...

Excerpt: ...mbering the residential real property located at 2354 Alameda Diablo in Diablo (the "Subject Property"). Ms. Salehomoum sued her estranged husband Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income, and seeking dissolution of their financial partnership, among other relief. Omid Bahrami filed a cross‐complaint in that action. Navid Bahrami, br...

Excerpt: ... the motion to strike the prayer for relief for punitive damages is denied. Standards Governing Motion to Strike The Court "may" strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) In addition, allegations "neither supported by nor pertinent to an otherwise legally sufficient claim or defense" can be st...

Excerpt: ...�� 5 ‐ misconduct or punitive damages and (2) because Defendant admitted to negligence, Plaintiff has elected his remedy in this case. These two issues appear to be improper issues for summary adjudication as they address issues in this case rather than a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code of Civil Procedure section 437c(f).) The separate statement of material facts lists five issues, which ...

Excerpt: ...fy Defendant in writing by September 2 and Defendant's answer will be due by September 23, 2021. Defendant demurs to the following claims brought against it: (5) breach of express warranty, (6) negligence – design and manufacturing defect and (7) negligence – failure to recall / retrofit. Defendants demurs based on the failure to allege sufficient facts to state a cause of action (due to the statute of limitations expiring) and on uncertainty...

Excerpt: ...fore the opposing party has any burden at all. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) The moving party's initial burden is to “make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff filing a motion for summary judgment must establish on her initial burden that there is no defense to the action. (CCP § 437c (a)....

Excerpt: ...he leases do not contain language that would enable the prevailing party in this matter to recover attorneys' fees. Because the MSAs require the Court to answer a single question (namely, whether the prevailing party in this action can recover attorneys' fees pursuant to the aforementioned residential leases), the Court will address them together. The Relevant Contractual Language Plaintiffs contend that language found in the Mold Addendum to the...

Excerpt: ...25.16. [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 step as a ‘summary‐judgment‐like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384‐385.) Protected Activity On the first step, the Defendant has the burden of showing that the challenged causes of action arise fr...

Excerpt: ...fendants breached their duty to comply with building, fire, and health and safety codes. Plaintiffs allege Defendants breached the implied warranty of habitability by failing to correct substandard conditions, which included garbage disposal deficiencies; plumbing and electrical deficiencies; rodent, pest, and insect infestations; mold and mildew; and security and safety deficiencies. Motion Pursuant to CCP §§ 473(a)(1) and 576, Plaintiffs seek...

Excerpt: ...l Background Plaintiff's Complaint asserts claims alleging Sierra is liable for the transmission of COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post�...

Excerpt: ...failure to provide rest periods; (5) failure to provide accurate wage statements; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) retaliation‐employment; (9) intentional infliction of emotional distress; (10) breach of the covenant of quiet enjoyment; (11) breach of the warranty of habitability; (12) violation of the Richmond Rent Ordinance; (13) specific performance; (14) (anticipatory) breach of contract; (15) (ant...

Excerpt: ... by cross‐complainants, Don Neufeld and Mia Blume (“Buyers”). Buyers argue that, because not all the claims or parties are subject to the arbitration clause, the Court should exercise its discretion to refuse to enforce the clause. In a footnote, Buyers contend this discretion is not affected by the FAA because the agreement does involve interstate commerce. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/29...

Excerpt: ...defects, including “interior, exterior, electrical, suspension, structural, engine and transmission defects”. (Comp. 9, 10.) Plaintiff is suing Ford Motor Company for various warranty claims under the Song‐Beverly Act and is suing Walnut Creek Ford for negligence in repairing the vehicle. Both Defendants are moving to compel arbitration based upon an arbitration clause contained the vehicle purchasing contract between Plaintiff and the Sell...

Excerpt: ...f COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post‐traumatic stress disorder (PTSD). (Compl. ¶ 2.) Plaintiff's mother was employed as a therapist ...

Excerpt: ...ated by Michael Dayton and owned by AMR. The form complaint alleges those facts, that the accident occurred on April 23, 2019 on Clayton Road in Concord, and that defendants' acts were negligent. (Attachment to Compl.) The Complaint alleges one cause of action for negligence arising out of the accident. Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well‐pleaded factual allegations of the com...

Excerpt: ... granted, without leave to amend. Background Facts Plaintiffs entered into a written rental agreement with Defendant Guardian of KW Hilltop LLC for the subject premises at 3400 Richmond Parkway #3316, Richmond, CA 94806. (FAC at ¶ 9.) Plaintiffs allege that Defendants failed to maintain the subject premises and that it suffered from mold/mildew, water damage from a heater malfunction, no/unsecured mailbox, dangerous and unmaintained carpet, and ...

Excerpt: ...ces located on 21st Street in the City of Richmond owned, leased or controlled by the individual defendants. (FAC ¶ 9.) She alleges the sidewalk where she fell was defective, and that a "tree planted on" the sidewalk contributed to the defective condition of the sidewalk. (FAC ¶ 10.) Plaintiff alleges two causes of action against the City for dangerous condition of public property under Government Code § 835, and the City's violation of a mand...

Excerpt: ...nged since the General Plan was adopted in 1973, prior to plaintiff's purchase. Plaintiff does not dispute most of the factual issues underlying the motion. Those that he does dispute, including the validity of a zoning ordinance passed decades ago, are not material. Summary judgment is granted. The City shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Background This is a land use...

Excerpt: .... This case involves the sale and purchase of a motor vehicle. Plaintiff signed a Retail Installment Sale Contract (“RISC”) for the purchase of a vehicle through the now‐defunct car dealership CMR 36 Motors. The Contract includes the following notice: “ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE ...

Excerpt: ...fendant's motion is denied, without prejudice. Background Facts This dispute arises from Defendant Antonio Aceves' incident with Plaintiff Ricardo Martinez at Pizza Guys owned by Defendant Sauman, Inc. and located at 8610 Brentwood Boulevard in Brentwood. (Complaint at ¶ 4.) Plaintiff Ricardo Martinez alleges he saw that Defendant Aceves did not wash his hands before preparing food. (Id.) Following this, Plaintiff submitted an email to Pizza Guy...

Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 2 ‐ abandoned vehicle that Plaintiff later learned was driven by Defendant Kenneth Faul, II. Plaintiff is informed and believes that the vehicle driven by Faul was owned by Defendant Getaround, Inc. Plaintiff filed this action for negligence and motor vehicle (property damage and personal injury) on May 12, 2020. Plaintiff's request for entry of default aga...

Excerpt: ...isor, Defendant Paul Larkin, routinely harassed Plaintiff due to his disability. Plaintiff continued to report the harassing behavior and CVS failed or refused to protect Plaintiff from the harassment Plaintiff alleges CVS wrongfully, constructively terminated him on or about June 23, 2020. Plaintiff filed this action for discrimination, harassment, and wrongful termination on December 16, 2020. Motion Pursuant to 9 U.S.C. §§ 1, et seq., Defend...

Excerpt: ...bar Kessler from proceeding with an unlawful detainer action, harassing the Foundation's tenants and interfering with their quiet enjoyment, interfering with the Foundation's contractual relationship with the Department, and interfering with its agreements with its subtenants. (Cross‐ Complaint, ¶ 104.) Kessler filed the instant anti‐SLAPP motion under CCP § 425.16 on April 6, 2021. He asks the court to strike the entire eleventh cause of a...

Excerpt: ...has dismissed that cause of action. Any amended Cross‐Complaint shall be filed and served on or before July 1, 2021. Background Kessler demurs to multiple causes of action, but one main theme is consistent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 12 ‐ throughout: the Foundation may not sue for the damages it seeks, lost profits, because (1) under the Berkeley Rent Stabilization Ordinance (the ...

Excerpt: ...37c (f).) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c (f)(2).) A 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 Civ. Proc., § 437c (c...

Excerpt: ..., John Roberts, Carlos Andersen, Baldomero De Leon, Norman Livermore, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/10/21 ‐ 2 ‐ Frank Tzeng, and Anthony Demeo, whose surviving spouse and successor, Linda Demeo, was substituted as plaintiff for Anthony Demeo by the Court's Order filed April 29, 2021 (the "Opposing Plaintiffs"). The IPA's second motion for summary adjudication is granted in part as to the ...

Excerpt: ... Danville Boulevard in Alamo. The Lease term was set for five years, until October 1, 2023. The Lease contained a provision that Lessee shall not assign, transfer, mortgage, encumber, or sublet all or any part of Lessee's interest without Lessor's prior written consent. Plaintiff attempted to sell the business and proposed two assignees, whom Defendant approved and later rescinded the consent. Plaintiff filed this action for breach of contract (f...

Excerpt: ...are seeking to attach the assets of Defendants' trust, the M&K Murphy Family Trust. Standard “Under Code of Civil Procedure section 483.010, a prejudgment attachment may issue only if the claim sued upon is (1) a claim for money based upon a contract, express or implied; (2) of a fixed or readily ascertainable amount not less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commerc...

Excerpt: ...espects, the motion is granted. Background Facts Plaintiff Dr. Bimal Patel and Defendant Dr. Matthew Sirott are medical doctors and are the managers of 400 Taylor Holdings LLC (“400 Taylor”), whose sole asset was the medical office building located at 400 Taylor Boulevard in Pleasant Hill. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 2016, Dr. Patel, on behalf of...

Excerpt: ...t stated, lived in a condominium unit next door to Michael Luecker's unit. (Compl. ¶¶ 1, 5, A [p. 5].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (Compl. ¶¶ 1, 2, 22, p. 10.) The Complaint appears to allege the owners' association was responsible for the corroded pipes, but that Mr. Luecker was neglig...

Excerpt: ...he Court's findings below, the motion is granted. AB shall lodge an appropriate order in compliance with Cal. R. Ct. 2.551. Sealing Motion ArcByt, Inc. ("AB") filed a demurrer to Plaintiffs' Complaint and a motion to strike. In support of its demurrer and motion to strike, AB filed the Declaration of Kimberly Lembo Abrams which attaches 11 exhibits. AB has moved for an order allowing certain portions of those exhibits to be filed under seal, with...

Excerpt: ...iff's reputation. Plaintiff served Defendant Yang with summons and complaint by alternative means on August 31, 2018. After numerous attempts at personal service and after three attempts made by the Canadian government under The Hague Service Convention, Plaintiff obtained a court order to serve Defendant Yang by posting the summons and complaint at his house and simultaneously mailing to Defendant. Plaintiff obtained a court order to serve Yang ...

Excerpt: ...chased a vehicle from non‐party Michael Stead's Auto Depot (the Seller). Plaintiff then experienced a number of problems with the vehicle. Plaintiff raised these problems with the manufacturer, FCA, but the problems were not fixed. Plaintiff took the vehicle to FCA authorized repair dealerships, including to McKevitt. Plaintiff is now suing FCA for a number of warranty related claims and one fraud claim and suing McKevitt for negligence in repa...

Excerpt: ...lly, failure to join the trustee of the trust alleged in the Complaint. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the 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 (20...

Excerpt: ...; (8) negligent property inspection; (9) breach of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/27/21 ‐ 22 ‐ implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) o...

Excerpt: ... is denied. Petitioner Main St shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Ms. Heppner. The proposed judgment shall attach a copy of the Final Award dated March 10, 2021 as a properly tabbed exhibit to the judgment. (Cal. R. Ct. 3.1110(f).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/20/21 ‐ 2 ‐ Factual Background This dispute arises out of a buy‐out provisi...

Excerpt: ... timely contests this tentative ruling in accordance with the Court's procedures, appears at the hearing by Zoom, and can demonstrate how Plaintiff could amend the first and third causes of action of the FAC against Regional Center in a manner that would not be barred by the Dismissal Order. Additionally, for the reasons set forth, Regional Center's request for sanctions is denied. Factual Background Plaintiff is a disabled adult who has "an inte...

Excerpt: ...f. Johnson demurs to the FAC on the grounds that he is improperly named as a defendant and that the FAC is procedurally improper for failure to submit proof of compliance with Probate Code § 9000. For the following reasons, the Demurrer is sustained, with leave to amend. Brief Factual and Procedural Background Plaintiff filed his original complaint against Jacqueline A. Ditmer for (1) conversion; (2) constructive trust; and (3) declaratory relie...

Excerpt: ... Inc. became indebted to Plaintiff in the agreed sum of $54,848.45 for goods and services rendered to Defendant. Defendant has failed to pay. Application for Right to Attach Order and Writ of Attachment Code of Civ. Proc. § 484.010 provides, “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and...

Excerpt: ... Land Home is an East Bay‐based mortgage company. Plaintiff worked as a Web Software Developer. He was classified as an “exempt” employee and Plaintiff alleges his job should have been as “non‐exempt.” It was later changed. Prior to his employment with Defendant, Plaintiff had brought a lawsuit against his former employer, Robert Half International, Inc. in Los Angeles County. In that lawsuit, Plaintiff alleged various violations of t...

Excerpt: ...en amending her complaint, Plaintiff shall remove Mardel Realty and De Leon from the fraud claim as the Court has already dismissed Mardel Realty and De Leon from that claim. The Case Management Conference scheduled for June 15, 2021 is continued to August 16, 2021. Procedural History Plaintiff originally opposed this motion by arguing that the meet and confer process with not followed, the demurrer was untimely filed and Plaintiff did not receiv...

Excerpt: ...“SPS”) brought this Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (“Motion”), claiming a right to the entire sum based on its claimed status as a first mortgagee, and its contractual interest as an “additional insured” in the USAA policy. Defendant Norman Linsy (“Linsy”) opposes the amount SPS is entitled to collect. Fay Servicing LLC (“Fay”) argues it holds a lien secured by a deed senior to SPS...

Excerpt: ...rs to Cross‐Complainant's causes of action for IIED and negligence pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Strange's claims are barred by the relevant statutes of limitations and dos Santos' communications are entitled to qualified privilege. For the following reasons, the Demurrer is overruled‐in‐part and sustained‐in‐part. The Demurrer is overruled with respect to the intentional infliction of ...

Excerpt: ...rranty of fitness for a particular purpose, (8) strict liability – manufacturing defect, (9) strict liability – design defect, (10) strict liability – failure to warn, (11) negligence – design and manufacturing defect and (12) negligence – failure to recall / retrofit. Defendant has not challenged the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/06/21 ‐ 8 ‐ indemnity and contribution claims in its...

Excerpt: ...mberly L. Moore in support of the Motion, which is titled First CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 2 ‐ Amended Complaint and includes Exhibit A (FAC ¶ 81), and (2) the amended pleading shall be filed within 10 days of the date of the hearing. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression...

Excerpt: ... the pleadings challenges to rest. However, it had to grant leave to amend as to Dr. Kim as to the First Cause of Action (Negligence) and Second Cause of Action (Battery), even though the other defendants had not demurred to the First Cause of Action and had demurred unsuccessfully to the Second. Plaintiff did not limit her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 6 ‐ amendment as the court had ...

Excerpt: ...ton. (Complaint, ¶¶1‐3.) Plaintiff's property is located across the street, to the east, and uphill from defendant's property, with no other homes in between. (Complaint, ¶3.) When plaintiff moved into his home in 1968, he had an unobstructed view of the San Francisco Bay and surrounding areas. (Complaint, ¶6.) Defendant acquired the property across the street in 1991 and, since 2010, defendant's “magnolia trees and other trees” have be...

Excerpt: ...ing this motion was not calendared with the demurrer. Upon further consideration, however, the Court finds that this motion should be considered with the demurrer. The motion and opposition have already been filed and there is no prejudice to the parties for the Court to consider this motion now. Defendants seek to strike (1) references to “all defendants” in the fraud cause of action, (2) incorporation of earlier facts in the complaint in tw...

Excerpt: ...Code section 1102.5 to her pending employment dispute with defendants. She requests the amendment because Labor Code section 1102.5 was recently amended to add a subsection (j). That subsection states, “The court is authorized to award reasonable attorney's fees to a plaintiff who brings a successful action for a violation of these provisions.” Defendants raise various arguments about the validity of the new cause of action. The most substant...

Excerpt: ...Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brings this action to hold Armanino LLP CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/22/21 ‐ 4 ‐ and its employee Gunther Hofman responsible for breaches of their fiduciary duty to the Company. Plaintiff Coywolf is an investment firm formed by Plaintiffs Philipp Gruner and Rei...

Excerpt: ...rchase of a Wolf range. The Court filed reflects plaintiff appeared at the first case management conference on February 19, 2020, which was continued to June 9, 2020 at that hearing. Plaintiff then failed to appear at the June 9, 2020 CMC, and at the continued CMC set for August 18, 2020. The Court issued an order to show cause as to why the case should not be dismissed for failure to appear and failure to prosecute ("OSC") which was set for hear...