Excerpt: ...l a final determination is reached in Nubia Alvarez, et al. v. SRG Operating, Inc. dba Coventry Place, San Francisco County Superior Court, Case No. CGC‐ 20‐583540, and Andrea Picos, et al., v. SRG Operating, Inc., Los Angeles County Superior Court, Case No. 20STCV2929, or until further order of the Court. Background In this wage and hour case, plaintiff was employed by SGO as a non‐exempt hourly caregiver from December 2017 to August 2019....

Excerpt: ...In or about February 2016, Defendants hauled away her fencing material and other property from the yard and refused to return her property. She filed this conversion, theft by embezzlement, and violation of the Unruh Act. Meet and Confer (CCP §§ 430.41 and 435.5) Code of Civil Procedure § 430.41 provides: “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who...

Excerpt: ...ign object in defendant Panda's food. Plaintiff complains in this second lawsuit about four subpoenas for medical records that defendants, which include Panda and its attorneys, issued in the original lawsuit. Plaintiff complains that these subpoenas, to various Kaiser facilities, violated his rights because they sought “all” his medical records. Plaintiff had treated at Kaiser since 1972, so the subpoenas covered 47 years of medical records....

Excerpt: ...(also referred to herein as “defendant” or “GM”) shall file and serve its answer to the FAC on or before April 19, 2021. Factual Background Plaintiff, Steven Bang, alleges he purchased a new 2017 Chevrolet Silverado 1500 from an undefined “Seller” on or about April 30, 2017 for personal, family, and/or household purposes. (FAC, ¶¶4‐5.) He walked the dealership (Concord Chevrolet) in search of a vehicle, while assisted by a salespe...

Excerpt: ...sure sale, after the prior owner, David Downs, defaulted on a $1.5 million loan that Kessler had made to Downs. Under Downs, the Property was operated as a 7‐unit apartment building. About a month before he filed for bankruptcy protection on July 2, 2020 to stave off the foreclosure sale, Downs leased four of the units, Units C‐F, for three years to defendant Nehemiah Windham Foundation, Inc. (the “Foundation”). The Foundation has been a ...

Excerpt: ...rkway #3316, Richmond, CA 94806. (Complaint 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 general dilapidation. (Id. at ¶ 11, 12.) Plaintiffs allege that the heater in the subject unit malfunctioned and flooded the whole unit, damaging personal property CONTRA COSTA SUPE...

Excerpt: ...paid by Defendants. Given the Court's ruling, it appears that it may take a few more years for Defendants to finish paying off the Settlement Agreement. The Order to Show Cause set for July 16, 2020 shall remain on calendar. At least five days before this hearing, Plaintiff shall file a document informing the Court of the expected date of Defendant's last payment. In February 2021, the Court requested supplemental briefing from the parties and pr...

Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/18/21 ‐ 8 ‐ duty of maintenance and cure regarding Plaintiff's alleged injury to her right hip on June 3, 2016. For the reasons set forth, the motion is denied. Factual Background Plaintiff Reachell Armstrong asserts claims against the defendants arising out of injuries she contends she sustained while working on the vessel SLNC Goodwill (the "Vessel"). She alleges three causes of action based o...

Excerpt: ...l Order No. HO‐COVID 19‐37 (the County Order), which formally implemented, inter alia, a temporary prohibition on on‐site, outdoor dining at restaurants set forth in the State of California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive c...

Excerpt: ... construction company contracting with Chevron U.S.A., Inc. (“Chevron”) at Chevron's Richmond refinery. Roundtree was walking in the parking lot in the pre‐dawn hours when he was struck by a vehicle being driven by Ring. At the time, Ring was also working for the same construction company. While some of plaintiff's damages are being covered by workers compensation, plaintiff also sued Ring and Chevron for negligence. In this Motion, Ring as...

Excerpt: ...e sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10(e).) Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrers, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The proposed judgment shall include a dismissal of defendant Attorney Lender Services, Inc. That defendant filed an uncontested declaration of non‐monetary...

Excerpt: ...nt's Motion for Judgment on the Pleadings with leave to amend. The First Amended Complaint alleges that on May 3, 2018, Plaintiff was stopped for a pedestrian in Menlo Park, on the campus of Facebook, Inc. He was struck in the rear by a Dodge van driven by Defendant Habash, who failed to stop for the stop sign. Plaintiff alleges the Dodge van had been provided to Habash by Defendant Enterprise Rent‐A ‐Car to use as a rideshare vehicle, pursua...

Excerpt: ...ARING DATE: 03/11/21 ‐ 13 ‐ below. None of plaintiffs' claims against the remaining defendants, and none of the remaining defendants' claims against any party, are stayed. Plaintiffs assert three arguments in opposition to the Gilbert defendants' motion to compel. The Court finds that each of these three arguments lacks merit. A. Plaintiffs' Fraud Allegations. Plaintiffs first argue that the subject purchase agreement was induced by fraudulen...

Excerpt: ...treme Fitness executed a Promissory Note in the original principal amount of $50,000.00 in favor of Plaintiff. On May 11, 2006 Defendant Prince Land executed a Promissory Note in favor of Plaintiff in the amount of $1,025,000.00. Defendant Cardi M. Prinzi was a Guarantor on the Notes. Defendants failed to make payments on the Notes when due. Plaintiff alleges breaches of Commercial Guaranties by multiple parties, including the Guaranty executed b...

Excerpt: ...ndered to Defendant. Defendant failed to pay. Plaintiff filed this action. Defendant's agent for service of process is Mandeep Singh, president and CEO of Royal Intermodal, Inc. Substitute service was made on May 29, 2020 at the UPS store located at 1511 Sycamore Avenue, #M281 in Hercules. According to the Articles of Incorporation and Statement of Information filed with the Secretary of State, Defendant's corporate address and CONTRA COSTA SUPER...

Excerpt: ...ase No. MSC18‐01698 with Case No. MSC16‐01608 for all purposes, and denies the motion in all other respects. After consolidation of Case No. MSC18‐01698 with Case No. MSC16‐ 01608, all future filings in Case No. MSC18‐01698 shall be made in the low‐numbered case Salehomoum v. Bahrami‐Daghigh etc. (MSC16‐01608). Factual Background Mojdeh Salehomoum has moved to consolidate for all purposes three actions pending in the Contra Costa ...

Excerpt: ...) for negligence (medical malpractice) and loss of consortium arising out of his treatment for cauda equina syndrome at John Muir Medical Center, Walnut Creek and by various physicians in September 2015. Plaintiffs allege that undue delay in diagnosing and treating this syndrome resulted in ongoing significant neurologic effects, including pain and numbness in his lower extremities, incontinence, and loss of normal urinary and other functions. Dr...

Excerpt: ...Nyabenga CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/04/21 ‐ 27 ‐ LLC and Nyabenga Holding Company LLC) and cause of action six. Plaintiffs shall file and sever their second amended complaint by March 18, 2021. The Plaintiffs each own a TheHomeMag franchise and are in the business of preparing magazines that advertise services marketed towards homeowners. Defendant worked for the Plaintiffs from 2008 until...

Excerpt: ...whether the relevant contract is written, oral, or implied by conduct. Legal Standards It is well settled that a demurrer admits all properly pleaded material facts, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) The Court also may consider matters of which the Court may take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) If the properly pleaded facts sup...

Excerpt: ...y prohibition on on‐site, outdoor dining at restaurants set forth in the State of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/04/21 ‐ 39 ‐ California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive care...

Excerpt: ... status, and plaintiff has not filed an objection to that declaration; accordingly, The Mortgage Law Firm is now only a nominal party, and the question of which causes of action are asserted against it is moot. (See Civ. Code, § 2924l.) Further, plaintiff's complaint is reasonably clear that plaintiff intended to assert all causes of action against both defendants. B. The General Demurrer. B‐1. The First And Fifth Causes of Action. CONTRA COST...

Excerpt: ...set forth below. The original of the First Amended Complaint, as so amended, shall be filed and served on or before March 4, 2021. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/25/21 ‐ 3 ‐ A. Punitive Damages. On July 12, 2018, the Court struck the claim for punitive damages in plaintiff's original Complaint. The Court ruled as follows: The motion to strike plaintiff'...

Excerpt: ...ga, which the town rejected. This lawsuit followed. Standards for Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well‐pled factual allegations of the complaint, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865; Carloss v. County of Alameda (2015) 242 Cal.App.4th 116, 123 [citing Blank v. Kirwan (1985) 39 Cal.3d 311, 318].) In determining w...

Excerpt: ...reassert a demand for punitive damages if Plaintiff can demonstrate he can allege facts sufficient to support such relief under Civil Code § 3294. Paragraph 3 of the prayer for relief at page 8, line 19 of the FAC, which states "3. For punitive and exemplary damages as may be just and proper," is hereby stricken. FAC Allegations Relevant to Motion Plaintiff alleges he purchased a ladder from defendants which defendants designed, manufactured, an...

Excerpt: ... the three plaintiffs and used by another to mine sand from the bottom of the San Francisco Bay for sale to a third, related company. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 02/11/21 ‐ 2 ‐ Resolution of the cross‐motions turns on the question whether the sand is considered “freight” under a constitutional exemption from property taxes for vessels “engaged in the transportation of freight” when t...

Excerpt: ...‐bedroom ground‐floor apartment. On the morning of November 19, 2015, a neighbor saw Plaintiff Noe Silva outside trying to access his apartment via a window and called the San Pablo Police Department to report a possible break‐in. SPPD dispatched officers. At least six officers responded. The officers called out a canine announcement in English. Plaintiff Noe Silva did not respond. Plaintiff was in a locked bedroom. The officers opened the ...

Excerpt: ...must file a regularly noticed motion and serve it on all Defendants. The Court will issue a new tentative ruling the court day before the next hearing date. The Court does not expect to change its tentative on issues not covered by the supplemental briefing. The parties need not request argument on the tentative ruling below and instead will be given the opportunity to address any arguments to the tentative at the March hearing. A new tentative r...

Excerpt: ...ane Azze entered into a lease for commercial located at property at 134 East 10th St. in Pittsburg. Plaintiff's lease was for five years, but Plaintiff did not give written notice to renew the lease. The lease contained a right of first refusal provision, allowing Plaintiff the right to purchase the property if the Wongs ever sought to sell it. On or about November 13, 2017, the Wongs and Plaintiff entered into a sales agreement under which Plain...

Excerpt: ... cause of action (conversion) ‐ denied as moot; (2) as to the sixth cause of action (breach of contract) ‐ granted as to defendant Central East Bay IPA Medical Group, Inc. dba Muir Medical Group IPA (the "IPA"), and denied as moot as to defendants Steven M. Kaplan, MD, Kenneth Bowers, MD, William Hoddick, MD, Julia Hohman, MD, Bimal Patel, MD, and Ute Burness (the "Individual Defendants"); (3) as to the seventh cause of action (breach of the ...

Excerpt: ...'s theory of “negligence per se” is based on Government Code section 815.6. Government Code section 815.6 provides a negligence per se type presumption where “a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury.” This presumption can be rebutted if “the public entity establishes that it exercised reasonable diligence to discharge the duty.” (Gov....

Excerpt: ... Place in San Ramon. Plaintiff's property is downslope from Defendants' property. Plaintiffs allege Defendants failed to maintain the Water Drainage Improvements or filled the drainage with mud, rocks, branches, and other debris. As a result, during and after storms, surface water has run off the El Nido property on to Plaintiff's property, flooding it. Motion Plaintiffs demand punitive damages for the claim of Trespass and Nuisance (2nd and 3rd ...

Excerpt: ...§ 187. This includes the power to amend a judgment to add judgment debtors who are alter egos of a corporate defendant. Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508. However, “[t]he standards for the application of alter ego principles are high, and the imposition of [alter ego] liability ... is to be exercised reluctantly and cautiously.” Sonora Diamond Corp. v. Superior Court (2000) 83 Cal. App. 4th 523, 539. Three factors determ...

Excerpt: ...ttlement communication. In a concurrently published tentative ruling, the Court has tentatively ruled that the subject e‐mail is indeed inadmissible under Evidence Code sections 1152 and 1154. The opposition Before the Court reaches the merits of the 128.7 motion, the Court notes several preliminary matters. First, it appears that the attorney who was responsible for filing the MSA no longer represents Spalasso. As discussed further below, the ...

Excerpt: ...IR Investment Corporation (“EBSIR”) and Plaintiff Attarha Investment Corporation (“Attarha”) (collectively, “Plaintiffs”) Complaint. Plaintiffs' Complaint alleges causes of action for (1) fraud, (2) negligent misrepresentation, (3) unfair competition, and (4) RICO. For the following reasons, the Demurrer is sustained, with leave to amend. Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of...

Excerpt: ...ses of Action. Introductory Notes The court notes that the copy of respondent's Opening Brief in the court's file is poor, with dark streaks on it indicative of a toner or printer problem. The court cannot make out all the words. Respondent will want to remedy this problem before it files additional papers in this case. The court also notes that petitioner's Opposition appears to be longer than the 15 pages allowed under California Rule of Court ...

Excerpt: ...) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendant Tobias Kahan brings this MJOP to the remaining causes of action to set aside trustee's sale and for declaratory relief, having previously demurred successfully to Plaintiff's cause of action for wrongful foreclosure. For the following reasons the Defendant's MJOP is granted, without leave to amend. Request for Judicial Notice Defendant's unoppose...

Excerpt: ...cause they are all based on defendant Global's post‐litigation activity, which is privileged: (2) plaintiffs delayed unreasonably in moving to amend; (3) permitting the amendment will prejudice defendants; and (4) each new claim fails to state a cause of action. None of these arguments is persuasive. Not all post‐lawsuit activity by an insurer is privileged. (See White v. Western Title Ins. Co. (1985 ) 40 Cal.3d 870, 885‐886 (holding that a...

Excerpt: ...meet and confer process. The Court has reviewed the Melton Declaration. It details a more or less successful meet and confer related to the original complaint; that is, Defendants raised issues with Bao's pleading, and after receiving and (presumably) reviewing written support for Defendants' objections, Bao filed the currently operative 1AC. Subsequently, Defendants again took issue with the complaint. Apparently, counsel for Defendants called c...

Excerpt: ...wers on or before February 14, 2021. If plaintiff files a Fourth Amended Complaint in response to the ruling in the next paragraph, Dr. Wei need not file his Answer then. His date to do so will be set in the order on any demurrer he may file to the amended First Cause of Action in such Fourth Amended Complaint. If a Fourth Amended Complaint is filed, John Muir need not file an Answer to it. Because that complaint will not be amended as to John Mu...

Excerpt: ... owner of a multifamily residential property located at 401 Laurel Avenue in Pinole, Assessor's Parcel Number 40‐094‐ 017‐1. Since 2016‐ 2017 tax year, the tax bill has been in the name of M. Michael Partow, TRE [presumably for “Trustee”]. Plaintiff received a letter, dated June 30, 2019, from the Contra Costa County Officer of Assessor, assessing the value of the property for tax purposes at $2,936,479.00. Plaintiff alleges the valua...

Excerpt: ...repared to address the following: 1. Procedural Pleading Defects: Both sides have objected to the form of the separate statements submitted by the other, and Defendants have objected to Plaintiffs' evidentiary objections. a. Defendants' amended separate statement filed on December 21, 2020 does not cure the non‐compliance with Rule 3.1350, which requires for a motion for summary adjudication that "the specific cause of action, affirmative defen...

Excerpt: ... Creek Road, including the graveled area immediately to the north of the pavement, including, but not limited to, placing or maintaining boulders, wooden posts, traffic cones, nails, vehicles, concrete chunks or blocks, or any other items south of defendant's fence, or the extension of the fence line if the fence extended west all the way to Bixler Road, to the center line of Kellogg Creek Road, all as shown in the photograph on the page three of...

Excerpt: ...ior Court (2003) 114 CA4th 475, 481. The procedure to be followed by the Court when performing this balancing is set forth in Williams v. Superior Court (2017) 3 Cal 5th 531. “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. The party seeking information may raise in response whatever l...

Excerpt: ...ex parte application for a temporary restraining order and preliminary injunction in September 2020. The Court granted a temporary restraining order, issued an order to show cause as to why a preliminary injunction should not issue ('OSC"), and set a hearing on October 8, 2020 on the OSC. The Court denied Plaintiffs' request for a preliminary injunction after argument. (See October 8, 2020 Minute Order.) Plaintiffs have now filed a noticed motion...

Excerpt: ...laintiff Dennis Flores filed this complaint on March 5, 2020, on an approved Judicial Council form. Plaintiff alleges a sole cause of action for motor vehicle against Defendants Salem Habash and Enterprise Rent‐A‐Car of San Francisco. On information and belief, Plaintiff alleges the actions of defendants were negligent and the proximate cause of his injuries. The acts occurred on May 3, 2018 in Menlo Park, California. Plaintiff alleges Defend...

Excerpt: ...t for services, (3) promissory estoppel, (4) fraud, (5) recovery on payment bond, (6) breach of the covenant of good faith and fair dealing, (7) negligence, (8) violation of business and professions code § 17200, (9) unjust enrichment, (10) common count – money had and received, and includes a prayer for punitive damages. Defendants demur pursuant to § 430.10(e) on several grounds, including their threshold argument that the entire complaint ...

Excerpt: ...This matter involves a residential real estate transaction that closed on May 20, 2019. Reali, in representing the buyers, received a commission instead of respondents, Legacy Real Estate, broker of record William Aboumrad, and real estate agent Maribel Cribb (collectively “Legacy”), who had previously represented the buyers. Legacy brought a complaint against Reali with the California Association of Realtors on Monday, November 18, 2019, cla...

Excerpt: ...�School District”). At the outset, the Court notes that Code of Civil Procedure section 663 (grounds for vacation of judgment and entry of different judgment) does not appear to be the correct procedural vehicle for the relief sought by Plaintiffs. Instead, the motion is more properly considered a request to reconsider the Court's prior order on Defendant's demurrer pursuant to Code of Civil Procedure section 1008. As a consequence, the Court g...

Excerpt: ... judicial notice of the existence and contents of plaintiff's May 15, 2019 government claim, which the FAC states is, but in fact is not, attached to the FAC. (See FAC, ¶5.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/03/20 ‐ 8 ‐ The Second Cause of Action alleges that plaintiff Wu was bullied and harassed while a student at Hercules Middle School and that this occurred because of her gender, race, and na...

Excerpt: ...run from that time. Background Plaintiff Lubna Jahangiri and defendant Ivette Santaella, both attorneys, met in 2013 and started doing business together. While the structure of their business relationship was not always clear, they operated as a partnership for some time until their third partner retired in 2018. Plaintiff and Santaella were then advised to incorporate, which they did on January 22, 2019, forming defendant Santaella & Jahangiri, ...

Excerpt: ...d. (CCP § 430.10 (e).) Fanaieyan may amend to allege compliance, or grounds for excuse from compliance, with the government claims presentation requirement, to make clear whether EBMUD is being sued as an entirely new cross‐defendant or a “Joe” defendant, and to add factual allegations to its existing three causes of action. Any other amendments will require a noticed motion under CCP § 473 (a). All answers and amended complaints shall be...

Excerpt: ...he demurrer to the FAC in its entirety and to the Second Cause of Action is overruled. Plaintiff shall file the amendment on or December 3, 2020. Plaintiff is admonished that leave to amend is granted only as to the Fourth Cause Action. Plaintiff shall not add any new causes of action. Background Plaintiff Cheryl Cole rented a space in a commercial yard, located at 2164 Franklin Canyon Road in Martinez, to store vehicles, such as tractors and tra...

Excerpt: ...t Steadfast Hilltop Commons, LP and Steadfast Management Company, Inc.'s motion for summary judgment is granted. Plaintiff is suing Defendants for defamation based on the alleged reporting of a false debt of $144.06. Plaintiff attempted to bring other claims against Defendants, however, the other CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/12/20 ‐ 3 ‐ claims did not survive the Defendants' demurrer to the ...

Excerpt: ...estoppel, (3) breach of implied covenant of good faith and fair dealings, (4) conversion, and (5) fraudulent misrepresentation. Defendant demurs to each cause of action for the failure to state a claim and uncertainty. Breach of Contract (C/A 1) Plaintiff alleges that she and the Defendant entered into an oral agreement in July 2017 where the parties agreed to “jointly own and operate a restaurant” in Concord called “Quickly Concord (QC)”...

Excerpt: ...3) violation of Civil 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. Before the Court is Defendant's Motion for Summary Judgment (“MSJ”). For the following reasons, Defendant's MSJ is granted. Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. Evid. Code §§ 452, 453. Legal Standard Code of Civil Procedure (“CCP�...

Excerpt: ...ff's counsel for approval as to form. The judgment shall include a dismissal of defendant Quality Loan Service Corporation, which has never been served with process. 1st C/A. The First Cause of Action is captioned “Lack of Title and Standing under Civ. Code § 2924(a)(6).” The Court sustains defendants' demurrer to this cause of action on each of the following, fully independent grounds:  Plaintiff fails to cite legal authority supporting ...

Excerpt: ... (3) violation of California Unfair Competition law; (4) breach of contract; (5) negligent misrepresentation; and (6) breach of fiduciary duty. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/29/20 ‐ 11 ‐ Defendant demurs to all but Plaintiff's first cause of action pursuant to Code of Civil Procedure § 430.10(a),(e), and (f). For the following reasons, the Demurrer is sustained, without leave to amend. Analy...

Excerpt: ... Court to take judicial notice of pleadings and judicial admissions, without identifying what those pleadings and judicial admissions are. Perhaps stating the obvious, the Court cannot grant judicial notice of unidentified pleadings or CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/29/20 ‐ 16 ‐ purported judicial admissions. NNA additionally requests judicial notice of a database maintained by the NTSB, but w...

Excerpt: ...at 401 Laurel Avenue in Pinole, Assessor's Parcel Number 40‐094‐017‐1. Since 2016‐ 2017 tax year, the tax bill has been in the name of M. Michael Partow, TRE [presumably for “Trustee”]. Plaintiff received a letter, dated June 30, 2019, from the Contra Costa County Officer of Assessor, assessing the value of the property for tax purposes at $2,936,479.00. Plaintiff alleges the valuation is highly inflated. Plaintiff appealed the proper...

Excerpt: ...proval as to form. A. Preliminary Matters. A‐1. Necessary Parties. With regard to whether other claimants to the excess sales proceeds are necessary parties, the Court adopts the analysis set forth in respondents' supplemental memorandum filed on October 1, 2020. Other claimants are not necessary parties because, if petitioner were successful, the proper remedy would not be a writ directing respondents to pay petitioner the excess sales proceed...

Excerpt: ...hevrolet Silverado 1500 from defendant General Motors, LLC, on or about April 30, 2017 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) With the purchase, plaintiff received various warranties from defendant. (Complaint, ¶7.) On multiple occasions, plaintiff has had to bring the vehicle in for service related to issues such as transmission harsh gear shifting, check engine light, and startup issues. (Complaint, ¶¶9‐10...

Excerpt: ... included a description of the proposed amendments to the complaint. The Court's ruling is based off this description. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (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 oppo...

Excerpt: ...pp.4th 349, 362, fn. 8.) The court has decided to consider the reply evidence, and will provide that opportunity. However, even with the changes, a signed copy of the contract between DLSC and Oval has not been provided, and a satisfactory foundation for proof of the contract through secondary evidence has not been laid. (See Evid. C. § 1521, 1523.) The court cannot rule on the claim for contractual indemnity without proof of the actual contract...

Excerpt: ...eedings below. The Court finds that this Ordinance is a project under CEQA as it appears reasonably foreseeable that the Ordinance could cause indirect physical changes. The Court is inclined to find that the Ordinance is covered by a categorical exemption, specifically Class 8. When deciding if a CEQA Project is covered by a categorical exemption, the respondent has the burden of showing there is substantial evidence that the Project fits within...

Excerpt: ...cility (“Atria”), by representing to plaintiff and her family that they would be providing for her medical needs, providing plaintiff with extensive mobility assistance, activities of daily living, transfers, extensive supervision, and status checks. (Complaint, ¶3.) Plaintiff later suffered from a serious fall and was left alone, despite calling for assistance. (Complaint, ¶4.) Plaintiff broke her left hip and, despite pushing the button o...

Excerpt: ...ued September 17, 2020 is dissolved. Factual and Procedural Background This is a business dispute among parties who provide test preparation and tutoring services. Generally, Plaintiffs, two individuals (Joan Cuenco and Dan Harrington) and their respective corporate entities (Joan Cuenco Consulting, LLC ("JCC") and On Track Learning, LLC ("OTL")), allege Cuenco, OTL and Bruns had a partnership from April 2019 until disputes arose in August 2020. ...

Excerpt: ...tate Compensation Insurance Fund (SCIF), an insurance issuer and underwriter, provided Defendant RBE Construction, Inc. dba Slingshot Drywall, with a workers compensation insurance policy. The policy covered a period from September 13, 2015 through September 13, 2016. Workers compensation insurance premiums are originally based upon an estimate at the inception of the policy and actual earned premiums are not calculated until the policy expires a...

Excerpt: ...erits of the proposed new causes of action. The Court exercises its discretion to defer a consideration of the merits for future proceedings. (See, Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760 [“we believe that the better course of action would have been to allow [the plaintiff] to amend the complaint and then let the parties test its legal sufficiency in other appropriate proceedings”].) The Court notes that it would be particularly...

Excerpt: ...8th Street, in Richmond, California. Defendant hired plaintiff to perform the services. (¶ 2, 9.) After incorporating the facts alleged above, the Third Cause of Action purports to allege a cause of action under Labor Code section 3706 by alleging that plaintiff was an employee of defendant when he was injured, he was injured in the course and scope of his employment, defendant was required to maintain worker's compensation insurance, and defend...

Excerpt: ...ng, LLC (“PHH”) (collectively, “Defendants”). The Demurrer relates to the Second Amended Complaint (“SAC”) filed by Plaintiff Saviour Azzopardi (“Plaintiff” or “Azzopardi”). The SAC alleges cause of action for (1) wrongful foreclosure; (2) declaratory relief; (3) cancellation of instruments; and (4) to set aside trustee's sale. Defendants demur pursuant to Code of Civil Procedure § 430.41(e) on the grounds that Plaintiff has ...

Excerpt: ...o arguments. First, Defendants assert that this case is barred by the doctrine of res judicata. Second, the claim that the treble damages sought by Plaintiff are unconstitutional. The Court first rules on the parties' various unopposed requests for judicial notice, and then addresses the merits of the demurrer. Requests for Judicial Notice Defendants seek judicial notice of three items: (1) Plaintiff's August 2015 Government Tort Claim; (2) the s...

Excerpt: ...nt Code section 945.6 (a)(1) is sustained. Leave to amend is denied because the court does not see how the City can amend to correct the defect. If the City calls to contest this ruling to request leave to amend, it shall attend the hearing prepared to describe how it would successfully amend the Cross‐Complaint. The Park District shall file and serve its Answer to the Cross‐Complaint on or before October 15, 2020. Background The court takes ...

Excerpt: ...swer on or before October 15, 2020. If plaintiff contests this ruling to request leave to amend, she shall attend the hearing prepared to explain how she could successfully amend the complaint. Plaintiff sues for alleged medical malpractice arising out of CT and MRI scans she had, alleging causes of action for (1) General Negligence; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Deceit; (5) Premises Liability; and (6) Product...

Excerpt: ...ch. (See Motion, 3:3‐12; Decl. of Roger D. Yuen, ¶4.) She further states that “Seventeen‐Thousand Five Hundred Dollars ($7.500.00) to was previously tendered” to defendant Brittany Arnold. (Yuen Decl., ¶5.) Because Hamrick's policy limits are $30,000, and the settlement is for the policy limits (Motion, 3:3‐12.), the Court construes the settlement terms as providing each plaintiff with a payment of $7,500. Combined with a previous pay...

Excerpt: ... the motion is denied, because the Court cannot fully dispose of the conversion cause of action in light of Plaintiff's claim for punitive damages. Facts Plaintiff Erin Cornford is the successor administrator of the estate of her grandfather, Robert M. Whittington (the “Whittington Estate”), who died intestate in 2016. (Plaintiff's Separate Statement of Undisputed Material Facts ("UMF") 1, 5.) Her mother, Julie Whittington, was the original a...

Excerpt: ...r Holdings LLC (“400 Taylor”), whose sole asset is the medical office building located at 400 Taylor Boulevard in Pleasant Hill. On or about July 20, 2006, Dr. Patel and Dr. Sirott formed 400 Taylor and on March 26, 2007, Dr. Patel and Dr. Sirott entered into the initial Operating Agreement for 400 Taylor LLC. The Agreement identified Dr. Patel and Dr. Sirott as the sole members and mangers, each with 50% interest. Dr. Patel filed this deriva...

Excerpt: ...�) and co‐worker, David Englebrekston. In his original complaint, he alleged Englebrekston told management that plaintiff was “verbally abusive” toward janitorial staff. Defendants demurred to the original complaint, partly on the grounds that plaintiff failed to allege any false factual statement actionable as defamation. The Court sustained the demurrer on the grounds that the statement was opinion, and plaintiff amended his complaint, on...

Excerpt: ...al briefs, not to exceed 10 pages, on or before October 8, 2020. 1. Necessary Parties. The Second Amended Complaint alleges that there are at least two additional claimants competing with petitioner for the subject excess sales proceeds: (1) 1827 H. Place, Inc. (“1827”), presumably a corporation, and; (2) an entity of unknown form identified only as “Fagala.” The Court requests briefing on why these and any other competing claimants shoul...

Excerpt: ...hotel into a health care facility. Two of the defendants, Quality Health Asset Management (“QHAM”) and Tracy Brown are apparently California residents. Moving defendants Mitchell and VIFC are not. Plaintiff concedes that the contacts of Mitchell and VIFC are insufficient to sustain general personal jurisdiction, but argues they are sufficient to support specific personal jurisdiction. A California court may not assert jurisdiction simply beca...

Excerpt: ...n the middle lane. Traffic slowed and stopped and Mr. Spargo slammed on the brakes, but his Toyota Rav 4 struck the rear of Brittney Bonner's Kia Forte and pushed the car forward into another vehicle. The facts of the accident are not in dispute. Liability is not in dispute. Richard Spargo admitted his negligence for the subject accident. In the collision, Brittney Bonner, her 4‐year‐old son Kyree Jackson‐Bonner, and a passenger Shaquela Ja...

Excerpt: ...suit arises out of Defendants' alleged failure to properly maintain the condition of the condition of the Park in a safe and habitable manner and in accordance with applicable statutory and other standards, and two landslides that occurred at the Park in January and February 2017 which resulted in some of the mobilehomes being red‐tagged and rendered uninhabitable. Plaintiffs filed their complaint initiating this action on January 23, 2018. The...

Excerpt: ...seeks to enjoin the collection of property taxes, the Court is without jurisdiction to grant the relief sought, under Revenue and Taxation Code (“RTC”) section 4807; (2) because the complaint challenges the assessment of property taxes, and Plaintiffs failed to exhaust applicable administrative remedies, the Court is without jurisdiction to grant the relief sought, under RTC sections 1603, 4801, 4807, 4986, and 5097; (3) the action is time‐...

Excerpt: ...of dissolving their marriage through family law proceedings currently pending in the family law division of this Court. Plaintiff filed her Complaint on April 15, 2020, setting forth four causes of action: (1) Battery‐ Domestic Violence, (2) Intentional Infliction of Emotional Distress (“IIED”), (3) False Imprisonment, and (4) Violation of Civil Rights. Defendant demurs, arguing that the statute of limitations has run on all four causes of ...

Excerpt: ...ONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 09/03/20 ‐ 15 ‐ through failure to issue the requested grading permit, so the court can address legal or factual deficiencies of these claim of breach in a subsequent pleading or summary adjudication motion. The court does not, however, require such a separation as to the current second cause of action for breach of the covenant of good faith and fair dealing because...

Excerpt: ...just enrichment seeking recovery of $300,000 in fees for providing care to her mother, Anita Chorbajian, now deceased, and $21,000 for her services managing Mrs. Chorbajian's assets. Defendant Gregg Chorbajian is Plaintiff's brother and is sued in his capacity as Co‐Trustee of the John E. Chorbajian and Anita Chorbajian Living Trust (the "Trust"). At the time she filed her lawsuit, Plaintiff was also a Co‐ Trustee of the Trust. The Trust is s...

Excerpt: ...to comply with the meet and confer declaration requirements of Code of Civil Procedure section 430.41(a)(3). However, Defendant does set forth that “counsel for the parties met and conferred via telephone and via email.” (Demurrer, 7:5‐8.) As such, and because the filing of the declaration is not grounds for overruling or sustaining a demurrer, the Court proceeds with its ruling. Background Plaintiff was hired in February 2015 as a Social W...

Excerpt: ...ff Stacy Bauman was injured as a result of a dangerous condition of property owned and maintained by Defendants. Plaintiff, a technician for Ecolab, was installing equipment for the washing machines in the basement of Defendants Hilton Worldwide, Inc. dba Embassy Suites, located at 1345 Treat Boulevard in Walnut Creek. Plaintiff stepped onto a grate in the area where she was working and the grate caved in causing injuries to Plaintiff. Motion Def...

Excerpt: ...f action here are unprotected statements to the plaintiff's subtenants. As such, the burden does not shift to plaintiff to show a probability of prevailing, as further discussed below. Background In his Complaint, plaintiff Raul Vasquez (“Plaintiff”), states that he leases property from E & J Enterprises in Richmond, California pursuant to a written lease agreement (“Lease”). Eugene Maffei (“Defendant”) and James Maffei are the owners...

Excerpt: ...des a detailed statement of facts and summary of the evidence before the Court based on the motion and opposition papers filed by specially appearing defendant Brookfield Residential Properties, Inc. ("Brookfield RP Inc.") and plaintiff Novin Development Corp. ("Novin Corp"), respectively. The Court summarizes those facts and pleadings again here. In its first amended complaint ("FAC"), Plaintiff Novin Corp alleges it entered into a joint venture...

Excerpt: ... permitted in the First Amended Complaint. The updated first amended complaint shall be filed and served on the current defendants by September 3, 2020. Plaintiff shall promptly serve Friello. Plaintiff seeks permission to file a first amended complaint that adds Keith Lawson and Joseph Friello as defendants in this case. Friello would be added to causes of action one (FEHA violations) and seven (IIED), while Lawson would be added to cause of act...

Excerpt: ...ior Living, Inc., SNH SE Tenant TRS, Inc. doing business as Tiffany Court, a Resident Care Facility for the Elderly, is located at 1866 San Miguel Drive in Walnut Creek. Decedent suffered from Alzheimer's and the primary focus of choosing Defendant Tiffany Court as a residential facility was its advertised specialty in caring for patients with Alzheimer's disease. On June 18, 2016, at approximately 7:45 p.m., Ms. Baker was found outside, lying on...

Excerpt: ...: 08/20/20 ‐ 26 ‐ The First Cause of Action is for breach of a February 2014 loan modification agreement entered into between plaintiff's now‐ deceased husband and defendant's predecessor‐in‐interest, non‐party Ocwen Loan Servicing, LLC. (Complaint, ¶ 3 and ¶ 8.) The Court has sustained defendant's demurrer on the following grounds. A‐1. Standing. In support of the demurrer, defendant cites pertinent California case law demonstrat...

Excerpt: ...ainst Kingsmead for (1) declaratory relief, (2) injunctive relief, (3) wrongful foreclosure, (4) breach of contract, (5) violation of California Business and Professions Code §§ 17200 et seq., (6) quiet title, and (7) unjust enrichment. The Court strikes causes of action for (5) violation of California Business and Professions Code §§ 17200 et seq. and (7) unjust enrichment pursuant to Defendant's motion to strike discussed at Line 9. Defenda...

Excerpt: ...e arguments. First, it contends that the 3AC is barred because Plaintiffs failed to comply with the claim presentation requirements found in the Government Claims Act. Second, it contends that Paul A. and Jahna A. lack standing to bring any individual claims. Finally, it contends that the 3AC fails to allege facts sufficient to constitute any cause of action. Government Claims Act The Court first addresses the claim presentation requirement found...

Excerpt: ...has made a threshold showing that the challenged cause of action is one arising from protected activity, that is, by demonstrating that the facts underlying the plaintiff's complaint fit one of the categories spelled out in section 425.16, subdivision (e). If the court finds that such a showing has been made, it must then determine the second step, whether the plaintiff has demonstrated a probability of prevailing on the claim. [Citation.]' [Cita...

Excerpt: ... parties treat the petition as seeking relief from the requirements of section 945.4. Accordingly, the Court proceeds on that basis. As an initial matter, respondent West Contra Costa Unified School District (“School District”) seeks judicial notice of several documents. The request is unopposed, and judicial notice is appropriate. The requests are granted. Background Facts and Law On May 7, 2019, Gonzalez was involved in a car accident with ...

Excerpt: ...xtending from 2010 to 2015. The lease provided for an option to renew if written notice is given no later than 90 before expiration of the lease. The lease also contained a provision of first right of refusal. Plaintiff did not give written notice in accordance with the lease. In September 2018, the Wongs' attorney informed Plaintiff they intended to sell the property to other prospective buyers. Plaintiff filed this action for breach of contract...

Excerpt: ...ling on the adequacy of plaintiff's complaint. If plaintiff elects to amend, she shall state her direct entity liability theory (section 815.6) and vicarious entity liability theory (section 815.2) in separate counts. Any amended complaint shall be filed and served on or before August 20, 2020. The complaint alleges that plaintiff Wu was bullied and harassed while a student at Hercules Middle School. The harassment culminated in an incident on Ma...

Excerpt: ...laint, trying to allege facts to show they did not discover their cause of action for the wrongful death of Sarah Dell O'Connell, their wife and mother, respectively, until August 27, 2018, rather than earlier, on March 3, 2018, when Sarah's mother, Michelle Dell, hired attorney Thornton Davidson to investigate the circumstances of Sarah's death. If they discovered their cause of action on the later date, their February 27, 2019 government claim ...

Excerpt: ...re for Fujii's mother (plaintiff's grandmother) for her lifetime and be compensated through permanent residence in the home. However, after the mother died, plaintiff was evicted and was paid nothing for her ten years of service. Defendant demurred to the complaint, but failed to meet and confer, as required by CCP § 430.41. Plaintiff opposed the demurrer, but does not appear to have considered the various authorities cited by defendant, which s...