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: ...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: ...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: ...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: ...��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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...