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632 Results

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Location: Contra Costa x
Judge: Austin, Steven K x
2019.6.13 Demurrer 658
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.6.13
Excerpt: ...murred to the complaint as to Plaintiff Veronica Salcedo. Defendants did not demur to the claims brought by the minors, Gisele and Isabel Salcedo. The demurrer is based on a statute of limitations argument. Code of Civil Procedure section 335.1 states that there is a two year statute of limitations for actions for “injury to… an individual caused by the wrongful act or neglect of another.” The accident happened on March 27, 2017, but the co...
2019.5.30 OSC Re Preliminary Injunction 294
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.30
Excerpt: ...il Code § 2923.6(d); (4) violation of Civil Code § 2923.7(b)(1); (5) negligence; and (6) violation of Bus. & Prof. Code § 17200 et seq. The fourth cause of action Plaintiff moved ex parte for a temporary restraining order on April 24, 2019. The Court heard the ex parte application, granted the TRO, and entered an order to show cause why a preliminary injunction should not be granted calendared for May 30, 2019. For the following reasons, the P...
2019.5.30 Motion to Strike 794
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.30
Excerpt: ...trike under Code of Civil Procedure section 425.16 involves a twostep process. “Initially, the moving defendant [or cross‐defendant] bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant [or cross‐defendant] has engaged. [Citations.] If the defendant [or cross‐defendant] carries its burden, the plaintiff [or cross‐complainant] must then demonstrate its claim...
2019.5.30 Motion to Set Aside Default Judgment and Quash Service 118
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.30
Excerpt: ...fendant Jiulong Meng, Plaintiff Ying Lu purchased a condominium unit in Stockton. Meng used his own funds to purchase the unit for $58,500, while Plaintiff applied for a Home Equity Line of Credit to repay Meng for the purchase, which totaled $60,014.15. On December 13, 2017, Meng proposed in writing that instead of Plaintiff paying the interest owed to him, Plaintiff would make of loan of $35,000 to him for 2‐3 months. Plaintiff agreed. On or ...
2019.5.30 Demurrer 894
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.30
Excerpt: ...action for misappropriation of trade secrets, customers and employees by plaintiff, Fresh Source, against the former President of its Northern Division, Scott Dagen, and Fresh Source's competitor, defendant HS &R Fresh. The FAC alleges the following causes of action: (1) Interference with Contract; (2) Interference with Prospective Economic Advantage; (3) Conversion; (4) Statutory Theft; (5) Violation of Business and Professions Code § 17200; (6...
2019.5.23 Request for Preliminary Injunction 574
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.23
Excerpt: ...he 10th day of each month, with the first payment due on June 10, 2019. These payments will be applied to plaintiff's mortgage loan account. In order to properly decide a request for a preliminary injunction, the Court must assess the likelihood that plaintiff will prevail on the merits. However, in the case at bar doing so is almost impossible at this time, because plaintiff has agreed to file an amended complaint, and that amended complaint is ...
2019.5.16 Motion to Compel Arbitration and Stay Litigation 023
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.16
Excerpt: ...urt, rule 3.1110, subd. (f).). None of the exhibits to the opening Declaration of Chere' Tait, the reply declaration of Dominica Acosta, were tabbed, or the supplemental declaration of Dominica Acosta (filed on March 21, 2019) were tabbed. A. Contract Formation. The issue of whether the parties entered into an enforceable arbitration agreement is an issue that the trial court must always decide. (9 USCS § 4 [if there is a dispute over the existe...
2019.5.16 Demurrer 246
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.16
Excerpt: ...First Cause of Action (Right to Repair Act) The demurrers to the first cause of action are overruled. First, the parties dispute whether Civil Code sections 895 et seq. (the Right to Repair Act) apply. Plaintiffs allege they were told that the house was new when they bought it in 2013 and that a previous home on the property had been torn down. (Complaint, ¶¶ 16, 17.) Defendant argues that the property was built in 1951 but cites exhibits to th...
2019.5.16 Demurrer, Motion to Strike 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.16
Excerpt: ...nts for IIED. Instead, the City argues that as a public entity it cannot be liable for the actions of its employee. The City relies on Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 900, which held that Government Code section 815 abolishes common law liability for public entities. In that case, the court upheld the dismissal of plaintiff's claim for wrongful termination in violation of public policy. Plaintiff points out t...
2019.5.16 Motion for Preliminary Injunction 774
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.16
Excerpt: ...ve to amend to add a claim for strict liability as well as a claim based on an alleged breach of Health and Safety Code section 113790. However, the relief that plaintiff is requesting on all his causes of action is still only for damages related to his injuries. The proposed First Amended Complaint does not contain a request for injunctive relief. Nevertheless, plaintiff now moves for a preliminary injunction. A preliminary injunction may be gra...
2019.5.16 Motion for Summary Judgment, Adjudication 048
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.16
Excerpt: ...tive relief, and (3) declaratory relief. Defendant moves for summary judgment against Plaintiff's claims for breach of contract and injunctive relief pursuant to Code of Civil Procedure (“CCP”) § 437c on several grounds. Plaintiff has opposed the MSJ and requested a continuance pursuant to CCP § 437c(h). For the following reasons, the court grants the request for a continuance. The hearing on the motion for summary judgment and motion for j...
2019.5.16 Motion to Vacate Default Judgment 694
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.16
Excerpt: ...ode of Civil Procedure § 473(b) must provide facts showing that the default and/or default judgment was entered through the defendant's “mistake, inadvertence, surprise, or excusable neglect.” Courts have defined inadvertence “as lack of heedfulness or attentiveness, inattention, fault from negligence.” (Baratti v. Baratti (1952) 109 Cal.App.2d 917, 921.) Excusable neglect is “neglect which might have been the act of a reasonably prude...
2019.5.9 Motion for Leave to File Amended Complaint 443
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.9
Excerpt: ...e jewelry. During a meeting on or about October 20, 2015, Plaintiff met with Mapp and explained to him that she wished to purchase insurance to protect her personal property, and she specifically mentioned individual jewelry items she wished to protect. (First Amended Complaint (“FAC”), paragraph 6) Mapp informed Plaintiff about a CSAA insurance policy that Mapp represented would completely cover Plaintiff's property, inclusive of the jewelry...
2019.5.9 Motion for Summary Judgment 338
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.9
Excerpt: ... Christopher Martini, an air conditioning technician, was injured during the course and scope of his employment with Atlas Heating & Air Conditioning. Defendants NEK Insurance, Inc. and NEK Life Insurance Planning, Inc. had arranged for Atlas to perform various repairs and/or maintenance to their air‐conditioning units located on the roof of their premises. On August 14, 2015, Plaintiff arrived at the premises located at 11481 San Pablo Avenue ...
2019.5.2 Motion for Judgment on the Pleadings 546
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.2
Excerpt: ...te Connections US, Inc., Madera Disposal Systems, Inc., Potrero Hills Landfill, Inc., and Waste Solutions Group of San Benito, LLC (collectively, “Defendants”). ACWA moves for judgment pursuant to Code Civ. Proc. § 438(c)(1)(A) on the grounds that the undisputed facts establish as a matter of law that ACWMA has a justiciable cause of action against Defendants and that each of Defendants' remaining affirmative defenses lack merit. For the fol...
2019.5.2 Motion for Leave to File Amended Complaint 563
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.2
Excerpt: ... WorldGrill, LLC and Fortress Restaurant, Selina Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant (Contra Costa Superior Court Case No. C17‐00563): This case was filed on April 6, 2017. Plaintiff Tcheong, LLC (“Tcheong”) filed a First Amended Complaint on July 28, 2017. The FAC alleges that on or around April 2016, Defendants Peter and Salina Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant,...
2019.5.2 Motion for Summary Judgment 688
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.2
Excerpt: ...gainst Defendant Panchal, Defendant John Muir Health and other John Muir doctors for failure to diagnose cauda equine syndrome from September 3, 2015, when he first presented at the Emergency Room at John Muir, to September 8, 2015, when Dr. Terrence Chen performed a laminectomy and L4‐5 microdiscectomy on Plaintiff. (Cmplt, paragraphs 8‐14, 16‐23) Plaintiff Nil Rahbin, Mousa's wife, asserts a claim for loss of consortium. (Cmplt, paragraph...
2019.5.2 Motion to Confirm Arbitration Award 254
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.2
Excerpt: ... County of Santa Barbara (1994) 7 Cal.4th 725, 740‐741.) The basis for confirming the arbitration award is as follows. A. The Arbitrator's Powers. The parties' arbitration clause provides in pertinent part as follows: The prevailing party in any action to enforce the terms of this Agreement or otherwise to determine the rights and obligations of the parties shall be entitled to recover reasonable attorneys' fees, arbitration fees and costs and ...
2019.5.2 Motion to Declare Vexatious Litigant 988
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.5.2
Excerpt: ...eriod has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, ei...
2019.4.25 Motion to Quash Service of Summons 118
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.25
Excerpt: ...on to Set Aside Default.” The body of the motion presents argument for a Motion to Quash. Defendant brings this motion to quash pursuant to CCP § 418.10 which provides: A (a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of...
2019.4.25 Motion for Summary Judgment 724
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.25
Excerpt: ...ry 21, 2016 at the age of 38. In the Second Amended Complaint, Plaintiff alleges one cause of action for wrongful death and seeks compensatory damages. Decedent presented to Dr. Padgett on July 16, 2013, for treatment of pain related to his lumbar radiculitis as well as complex regional pain syndrome involving his upper right arm. Michael was already taking a number of medicines for pain. Dr. Padgett continued Michael's CONTRA COSTA SUPERIOR COUR...
2019.4.25 Motion for Judgment on the Pleadings 527
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.25
Excerpt: ...Code of Civil Procedure (“CCP”) § 438 as to the Seventh Cause of Action for Cancellation of Instruments and the Eighth Cause of Action for Declaratory Relief on the grounds that the FAC fails to state facts sufficient to constitute a cause of action against Omni. CCP § 438(c)(1)(B)(ii). For the following reasons, the Court grants the MJOP, without leave to amend. Standard The standard for granting a motion for judgment on the pleadings is e...
2019.4.25 Demurrer, Motion to Strike 018
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.25
Excerpt: ... the Master Services Agreement (“MSA”) by failing to pay all amounts due under that agreement. Teksoft argues that payments flow only one way under the MSA – from SAI to Teksoft, not from Teksoft to SAI – and therefore the alleged breach is impossible. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/25/19 ‐ 12 ‐ However SAI's theory is that because the MSA prohibits Teksoft from contracting directly wi...
2019.4.25 Demurrer 523
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.25
Excerpt: ...c., § 430.10, subd. (e).) Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff for approval as to form. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/25/19 ‐ 18 ‐ 2nd C/A. The Second Cause of Action is for racial harassment. The Court finds that plaintiff has not alleged severe and pervasive harassment...
2019.4.18 Petition to Vacate Binding Fee Arbitration Award 288
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2019.4.18
Excerpt: ...formerly known as Frances C. Rasimus (“Client”). The Estate's petition is denied. The Estate argues that the arbitration award should be vacated because the arbitrators “exceeded their powers.” (Code Civ. Proc., § 1286.2, subd. (a)(4).) The Court finds that this argument lacks merit. A. Subject Matter Jurisdiction. As is further discussed in Parts D and E below, the Estate cites no legal authority supporting the proposition that the defe...

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