Excerpt: ...hurch, hereinafter “LOPC”) and co‐worker, David Englebrekston: (1) Slander Per Se, (2) Libel Per Se, and (3) Trade Libel. He alleges that Mr. Englebrekston told “LOPC management” that plaintiff was "abusive" toward janitorial staff working on the church premises. (Complaint, ¶¶14‐16.) Having first met and conferred with plaintiff pursuant to Code of Civil Procedure § 430.41, defendants demur to the complaint. They argue that, pursu...

Excerpt: ...iberately became intoxicated, and then proceeded to operate a motor vehicle at high speed and in a reckless manner on West Leland Road in Pittsburg California. As a direct and proximate result of Defendant's voluntary and willful intoxication, she caused her motor vehicle to collide with an automobile operated by Ruby Houston and occupied by her granddaughter, Akilah Houston, a minor.” Complaint at Ex‐2. Analysis California Civil Code section...

Excerpt: ...rt made an oral order at a hearing on defendants' motion for terminating sanctions that plaintiff submit to: (1) panograph x‐rays; (2) full mouth x‐rays; and (3) full mouth photograph. The court signed its written order to that effect on January 8, 2020. The written Order also states that plaintiff shall make the appointment for the x‐rays within two weeks of the court's signing the order. (See Ex. A to Yu Decl. filed 2/13/20.) Defendant's ...

Excerpt: ...ender its $300,000 policy limits to resolve the claim. It declined to do so. But later it paid $5 million to settle a subsequent breach of contract and bad faith lawsuit that the injured plaintiff, Lewis, brought after receiving an Assignment of Rights from Smith. FPIC then brought this action against its attorneys. Defendants now move for summary judgment, arguing that FPIC cannot establish causation, damages, or duty. This is a close case, with...

Excerpt: ...d its tentative ruling on the merits of the motion should the Bypass Authority convince the Court that service was proper. Service on All Defendants The State Route 4 Bypass Authority seeks to condemn certain property located in Brentwood using eminent domain. (Comp. ¶¶1‐4.) The Bypass Authority listed various defendants in its complaint that it alleges are “persons who appear of record or are known by Plaintiff to have or claim an interest...

Excerpt: ...his wholly owned company, Kenzie Consulting, Inc. (“plaintiffs”) filed this action in June 2019 against defendants Hart Pearson Cunningham and his wholly owned companies, Lender Scout Corporation (“Lender Scout”), Alansis.Com, Inc. (“Alansis”), and Speak With A Geek, Inc. (“SWAG”). (Collectively referred to herein as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/18/20 ‐ 20 ‐ “defendants”)...

Excerpt: ...ng Requirement. Defendants must support a motion for summary judgment with competent evidence in order to shift to the plaintiff the burden of coming forward with opposition evidence. (See generally, Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐855; Canifax v. Hercules Powder Co. (1965) 237 Cal.App.2d 44, 50.) In other words, if the defendants' showing would not support a judgment, it does not shift the burden of coming forward ...

Excerpt: ...ties referred their dispute to a referee, retired Superior Court Judge Bonnie Sabraw. After a trial, Judge Sabraw ruled against West One and awarded attorney's fees to CMG. West One now moves to Set Aside Judge Sabraw's Final Statement of Decision. For the reasons stated below, the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/11/20 ‐ 2 ‐ Facts CMG and West One executed a “Correspondent L...

Excerpt: ...t jurisdictional discovery and for the parties to file supplemental papers to address the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/11/20 ‐ 17 ‐ Court's ability to exercise personal jurisdiction over Brookfield Residential Properties, Inc. Plaintiff shall file a supplemental brief and any supplemental evidence in support of its opposition at least nine (9) Court days prior to the continued hearing, and s...

Excerpt: ...201(a)(1). Plaintiff's attorneys are ordered to provide the court clerk in D33 with two redacted copy of exhibit 6 that remove the social security number on or before June 25, 2020. A cover letter should be included to ensure these documents are delivered to D33. Defendants' exhibits A and B contain the social security number of the Plaintiff. The last two pages in exhibit F also contain the social security number of the Plaintiff. These are also...

Excerpt: ...edge or consent of Plaintiff, purchased two more motorcycles and equipment, by forging Plaintiff's name for the approval of the loans from Suzuki Finance. Defendant defaulted on the loans. Collection agencies demanded payment from Plaintiff. Plaintiff filed this action for Fraud and Misrepresentation, Breach of Contract, Negligence, and Indemnity. Defendant failed to file an answer and Plaintiff's request for entry of default was granted. Upon Pl...

Excerpt: ...“PHH”) (collectively, “Defendants”). The CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/04/20 ‐ 10 ‐ Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Saviour Azzopardi (“Plaintiff” or “Azzopardi”). The FAC alleges cause of action for (1) wrongful foreclosure; (2) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendants d...

Excerpt: ...collectively, “Plaintiffs”)'s claims for (1) elder abuse, (2) violation of resident's rights, and (3) wrongful death. Plaintiffs oppose the motion. For the reasons discussed further below, the motion is denied. Burden of Proof on Motion to Compel Arbitration Code of Civil Procedure (“CCP”) § 1281.2 creates a summary proceeding for resolving petitions to compel arbitration. “A petition to compel arbitration ‘is in essence a suit in eq...

Excerpt: ...ment, since they cannot perform the future services described in the settlement and they have not filed a motion to enforce the settlement under Code of Civil Procedure § 664.6. 2. Whether Phillips' acceptance of the settlement check after filing the motion means he intends to affirm the settlement, rather than seeking to vacate it; 3. If Phillips still intends to try to vacate or rescind the settlement, whether he has returned the settlement pa...

Excerpt: ...taneously pending, the trial court in which the unlimited action is pending [1] may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or [2] it may consolidate the actions. (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385 [Bracketed numbers added].) While Martin‐Bragg and other cases mention consolidation as a theoretical possibility, plaintiff has failed to cite the Court to a decision wher...

Excerpt: ...) § 1008 on the grounds that had it known the Court would grant the motion it would have argued that Defendant's performance was a condition concurrent rather than a condition precedent (as it argued at the hearing). Code of Civil Procedure § 1008(a) provides that a party affected by a prior court order may, “based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconside...

Excerpt: ...ntiff has shown the threat of irreparable harm, in the form of the loss of a unique parcel of real property. The Factual Merits. The evidence is in conflict. The Court does find it somewhat odd that plaintiff had in his possession a full written agreement for the repayment of arrearages, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/27/20 ‐ 7 ‐ if the agreement was just a working draft that had not been appr...

Excerpt: ...s dispute over the charges with the Illinois‐based merchant, plaintiff The Parts Place, Inc. Plaintiff obtained a judgment in California for $10,418.39 based on the Illinois sister‐state judgment. Defendants now move to vacate that judgment, arguing that Illinois lacked personal jurisdiction over them, they were not properly served, and, their motions are timely. For the reasons stated below, each defendant's motion is granted. Factual backgr...

Excerpt: ...ows. A. The Pleading Of Plaintiffs' Complaint. A motion for summary adjudication “necessarily includes a test of the sufficiency of the complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117‐18.) In this context, the courts consider the motion under the same standards applicable to a motion for judgment on the pleadings. (Id.) B. The First And Second Causes of Action. The First and Second Causes of Action a...

Excerpt: ...uise Wilkins (the Brown plaintiffs). Both complaints allege injuries to the plaintiffs resulting from a fence owned and maintained by Caltrans. Code of Civil Procedure section 437c(c) provides, in relevant part: “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.” Based on the papers sub...

Excerpt: ...Theatre in Antioch. Over time, the business grew and changed into a real estate ownership, management and development company. George Stamm (“George I”) left the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/20/20 ‐ 18 ‐ business to his children, George II and Mary Ann Balocco. This created two factions of owners, Plaintiffs (Stamm Family) and Defendants (Balocco Family.) On February 17, 2017, the Stamm ...

Excerpt: ...Buck, an employee of the County's Regional Medical Center, failed to tell her during an emergency room encounter on February 7, 2018, that she had a serious heart condition that required hospitalization and/or a cardiac consultation. Further, plaintiffs, who are the husband and minor son of Sarah, claimed they did not have sufficient knowledge or suspicion for the statute of limitations to start to run until August 27, 2018. Plaintiffs then prese...

Excerpt: ...nnot be completed while the unit is occupied, if the landlord has obtained all necessary permits prior to giving the tenants notice to vacate and thereafter makes the repairs without unnecessary delay. Plaintiffs fail to allege facts implicating § 8.22.260(a)(10). They did not vacate their apartment as a result of a notice to vacate after Defendants had obtained permits to make repairs. Rather, they vacated their apartment as a result of a fire....

Excerpt: ...es of action against Kingsmead (1) to set aside trustee's sale, (2) cancellation of instrument, (3) wrongful foreclosure, (4) breach of contract, and (5) declaratory relief. Plaintiffs have both opposed the instant motion and filed a declaration with a proposed First Amended Complaint. For the following reasons, the Court grants the MJOP, with leave to amend. The Court does not consider new legal theories advanced in the FAC on the present motion...

Excerpt: ...Petitioner”). The Petition names 1827 H. Place, Inc. as a respondent as the real property in interest which filed a claim to the proceeds that was paid by Respondents. That party has not made an appearance in the action to date. For the reasons stated, the demurrer is SUSTAINED, with leave to amend. Summary of Material Allegations of the Petition Global alleges it has a claim to excess proceeds of a tax sale of real property located in Contra C...