Excerpt: ...junction, Plaintiffs Larena Hatley and Chance Daniels (“Plaintiffs”) were required to post a bond in the amount of $10,000 by July 19, 2018. However, Plaintiffs did not post the bond until July 20, 2018, and Mullan's counsel was not notified that the bond was posted until on or about August 1, 2018. Code of Civil Procedure section 533 states the grounds upon which the Court may dissolve an injunction: In any action, the court may on notice mo...

Excerpt: ...state a cause of action, and the pleading is uncertain. Pertinent Allegations of the Complaint This lawsuit concerns property located at 929 Juanita Court, El Sobrante, California. (Complaint, ¶ 1.) On December 10, 1968, defendants Judith Booker (formerly known as Judith Zieminski) and her then husband, Carl Zieminski, were deeded the Property as joint tenants. Judith and Carl subsequently filed for divorce in 1969 and received an interlocutory ...

Excerpt: ...ntified below. These briefs shall be filed on or before September 27, 2018. Responses to the supplemental briefs may be filed on or before October 4, 2018. In the Second Amended Cross‐Complaint, Cherokee Simeon Venture I, LLC (“CSV”) identifies two alleged breaches of contract: the first in paragraph 84(a), and the second in paragraph 84(b). The Court will refer to the first as “the Zeneca payment breach” and the second as the “capita...

Excerpt: ... are the landlords. Defendants are the tenants of the commercial real property known as 1523 Giammona Dr., Walnut Creek, California (the “Property”). Plaintiffs filed their complaint alleging two causes of action: 1) Breach of Contract; and 2) Breach of the Implied Covenant of Goof Faith and Fair Dealing. Defendant corporation brings the instant motion seeking to file a cross‐complaint alleging claims arising out of the parties' contractual...

Excerpt: ...isco owns or controls an arroyo in Alameda County. Alameda County claims that erosion of the bank of this arroyo caused the collapse of an Alameda County Highway, Foothill Road, on February 22, 2017, causing an emergency road closure, emergency repairs, and costs in excess of $1.5 million. After the parties failed to reach a private resolution regarding the responsibility for these costs, Alameda County issued a notice of violation. San Francisco...

Excerpt: ... concerns the death of Plaintiffs' daughter, Marvelena Rady (“Marvelena”), which occurred as a result of Defendants' allegedly deficient medical/dental treatment. Defendants demur as to each of these cause of action on the bases that Plaintiffs' fail to allege facts sufficient to constitute a cause of action and the complaint is uncertain. (See Code of Civil Procedure (“CCP”) § 430.10(e)‐(f).) The demurrer is sustained with leave to am...

Excerpt: ... (collectively, “CCCERA” or “Respondents”) bring this motion for judgment on the pleadings pursuant to CCP § 438(c)(1)(B)(2), on the ground the Petition does not state facts sufficient to constitute a cause of action against CCCERA. Petitioner has not alleged facts CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/30/18 ‐ 11 ‐ showing Respondents had a clear and present ministerial duty to return Petiti...

Excerpt: ...and a bull on Highway 4. The bull was owned by Defendant DeVries. Plaintiffs is suing the State of California, Department of Transportation (“Caltrans”) for negligence and premises liability. Plaintiffs allege that Caltrans was negligent in its ownership, control, construction, operation and/or maintenance of the highway, including the fencing that separates the highway from DeVries' property. Plaintiffs also allege that Caltrans had actual a...

Excerpt: ... stay should remain in place until the Court adjudicates Black Diamond's petition for administrative mandamus. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/30/18 ‐ 18 ‐ The Court may order a stay only if it finds that CSLB is unlikely to prevail and that the public interest will not suffer as a result of the stay. (Code Civ. Proc. §1094.5(h)(1).) To determine whether the respondent is unlikely to prevail, ...

Excerpt: ...Civ. Code § 2924.12 for violation of Civ. Code § 2924.11; (2) violation of Civ. Code § 2923.7; (3) negligence; and (4) violation of Bus. & Prof. Code § 17200, et seq. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant Wells Fargo requests judicial notice of several documents. This request is unopposed. The Court takes judicial notice of all but Exhibits G, H, I. Those documents are...

Excerpt: ...e prior owners, Brian and Susan Mandio. The Stubers have cross‐complained against the Mandios. The Mandios now demur to the Stubers' Second Amended Cross‐Complaint (“SACC”.) They argue that the entire SACC is barred by the ten‐year statute of repose set forth in CCP § 337.15 or, if a statute of limitations applies instead, because the SACC fails to sufficiently allege accrual of the causes of action was postponed by delayed discovery o...

Excerpt: ... refused to give Adelstein a 50% interest in it. She sued, alleging a variety of legal theories. Burr now moves for summary judgment, arguing that all claims are barred by a release that both parties signed before the successor trustee of Smith's trust would distribute the Property to Burr and cash gifts to each of Adelstein and Burr. Burr also argues that the cause of action for breach or oral agreement is barred by the statute of limitations or...

Excerpt: ...of his truck, searched and handcuffed. Plaintiff's truck was towed away. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/09/18 ‐ 7 ‐ On October 26, 2015, a citation was filed/issued against Plaintiff for failing to yield to traffic sign or signal in violation of Cal. Vehicle Code § 21461(a) and for driving on a suspended license in violation of CVC § 14601.1(a), arising out of the October 14, 2015 arrest. Pl...

Excerpt: ... Third Causes of Action. Defendant shall file an answer on or before August 24, 2018. The basis for this ruling is as follows. A The Second Cause of Action. The Second Cause of Action is for violation of Civil Code section 2924.11. Defendant's arguments in support of the demurrer lack merit as to this cause of action. First, plaintiff has adequately alleged that he submitted a “complete” application. (Civ. Code, § 2924.11, subds. (a) and (f)...

Excerpt: ...onditions 1. The allegations in the proposed Fifth Amended Complaint related to punitive damages must be removed before the complaint is filed. The Court has already granted a motion for summary adjudication as to punitive damages. 2. Plaintiff's claim for injunctive relief shall be removed as the Court has previously ruled in this case that “the claim for injunctive relief is just a remedy and not a cause of action. (Shell Oil v. Richter (1942...

Excerpt: ...lication contained an authorization for the union to collect monthly dues by automatic payroll deduction. Union membership was voluntary, not mandatory. The Union collects dues from over 9,000 public employees. (Undisputed Material Fact (“UMF”) 4.) In Article XIV, the union's Bylaws contain the following pertinent provisions concerning the payment of dues: “A. [M]embers . . . shall be required to pay dues . . . and shall tender with their a...

Excerpt: ...o put the issues connected with that writ petition before the Court by way of a noticed motion. The Court has considered carefully the material the parties have presented, and rules as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/02/18 ‐ 7 ‐ Background Work and Injury History Santos began working for Contra Costa County in 1995. She argues that she is entitled to service‐connected disability reti...

Excerpt: ...me, until it was served with a notice of case management conference on January 17, 2018. Alternatively, Defendant maintains the failure to respond to the summons and complaint was due to mistake, inadvertence or excusable neglect. Defendant contends relief should be granted because the lack of notice was not caused by its avoidance of service or inexcusable neglect. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 08/...

Excerpt: ...n to that in Daniels. (See, Ruiz v. Podolsky (2010) 50 Cal.4th 838, 841‐842; Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 678 and 683.) The agreement in the case at bar first identifies a group of people, including heirs, and then refers to their “claims” collectively. The most reasonable interpretation of the agreement is that it was intended to cover wrongful death claims. Second, the Court is not persuaded that plai...

Excerpt: ...on the court for grievances. In this case, Defendant's protected activity was petitioning the court for the domestic violence restraining orders. Plaintiff Alexander Gaddis filed a complaint alleging causes of action for Slander, Libel, and Intentional Economic Interference. Plaintiff and Defendant are engaged in a contentious divorce and custody proceedings. Plaintiff alleges that Defendant has tried to ruin his reputation with family and friend...

Excerpt: ...use of Action for Negligence Per Se, the motion is denied. This cause of action arose out of a motor vehicle accident occurring on August 31, 2016, on SR‐24 Eastbound off‐ramp at Acalanes Road in Lafayette. Plaintiff Gail Swatzberg alleges Defendant Samer Majid Barance was driving under the influence of alcohol, in violation of Vehicle Code Section 23152. Defendant crashed his vehicle into the rear of Plaintiff's vehicle while she was stopped...

Excerpt: ...laintiff”) began working for Kindred Hospice Services (“Kindred Hospice”) around August of 2015. (Complaint at ¶ 4.) In or around September of 2017, Plaintiff witnessed another employee mishandling a patient. (Complaint at ¶ 4.) On November 15, 2017, Plaintiff filed a Complaint against Defendants. Plaintiff alleges that after she reported the witnessed abuse, Kindred Hospice retaliated against her by demeaning her in a meeting with manage...

Excerpt: ...ave to amend is liberally granted. (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “ ‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) There are other instances when leave to amend is properly denied. One of those instances is when the amendment is a sham pl...

Excerpt: ...mplaint on April 20, 2018, which pleaded causes of action for: (1) equitable indemnity, (2) total indemnity, (3) contribution, and (4) declaratory relief. In response, Cross‐Defendant Medallion Landscape Management, Inc. filed a demurrer on May 25, 2018. Cross‐Defendant demurs pursuant to Code of Civil Procedure § 430.10(e), on the grounds that the First‐Amended Cross‐Complaint fails to state any causes of action against it. For the foll...

Excerpt: ...Code § 2923.5; (2) violation of Civ. Code § 2923.7; (3) violation of Civ. Code § 2924.12; (4) negligence; and (5) violation of Cal. Bus. & Prof. Code § 17200. As a threshold matter, the Court notes that the Defendant's Notice of Demurrer is defective as it fails to comply with California Rule of Court 3.1110(b)(1); in lieu of the Court's location, the Notice displays a series of “X”s. Although the Plaintiff would appear to have waived thi...