Excerpt: ...is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively. (b) Timing. A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer. Plaintiff's Notice states that she “moves for an order to strike Affirmative Defenses raised in D...

Excerpt: ... Plaintiff alleges that he purchased a house from Defendants based in part on the view the house had. (FAC ¶6.) However, after Plaintiff purchased the house he learned that the view was not as good as it was when the property was sold. (FAC ¶7) Plaintiff alleges that Defendants trimmed three feet off a hedge on a neighbor's property and when the hedge started to grow back it obstructed the view. (FAC ¶5.) Defendants demur to all three causes o...

Excerpt: ...he delay.” Winding Creek v. McGlashan (1996) 44 Cal.App.4th 933, 941. Even if Plaintiff was dilatory in seeking this Doe amendment, Defendant has not shown any real prejudice caused by the delay. ...

Excerpt: ...473(b); Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 340. The six month limit is mandatory. A court has no authority to grant relief under Section 473(b), unless an application is made within the six month period. Id. at 345 (“[W]e hold that a court has no authority under Section 473, subdivision (b), to excuse a party's noncompliance with the six month time limit.”); Austin v. Los Angeles Unified School District (2016) 244 Cal...

Excerpt: ...bor Code section 2699(l)(2) requires the parties to submit the settlement agreement to the LWDA at the same time they submit it to the court. Neither the motion nor Ms. Kraeber's declaration indicates that this has been done. Neither the Court nor the parties are free to ignore the requirements of the statute. Allocation of Settlement Proceeds Second, the Court is concerned about the parties' allocation of the settlement proceeds. As noted above,...

Excerpt: ...to the Opposition. For the reasons discussed below, this motion is granted. Plaintiff shall file and serve the 1AC on or before August 3, 2018. Plaintiff seeks to amend the complaint to allege additional facts as well as to add causes of action for conversion, negligence, and civil damages under California Penal Code section 496. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/19/18 ‐ 12 ‐ Code of Civil Proced...

Excerpt: ...ens in the First Amended Complaint, defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. 2nd C/A. The Second Cause of Action is for intentional infliction of emotional distress. The Court has sustained the demurrer to this cause of action because plaintiff has failed ...

Excerpt: ...contract; (3) promissory estoppel; (4) breach of covenant of good faith and fair dealing; (5) negligence; and (6) unfair business practices. Previously, this Court overruled Defendant's demurrer to the causes of action for (2) breach of contract and (4) breach of the covenant of good faith and fair dealing. The Court sustained Defendant's demurrer to the causes of action for (1) violation of Civil Code § 2923.6; (3) promissory estoppel; (5) negl...

Excerpt: ...A 3/25/92 (“Plaintiffs”). The Motion is unopposed by Defendants. However, for a motion to seal, the opposition is really the people of the State of California and their interest in an open and transparent judicial system. The Court evaluates the Motion pursuant to California Rules of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/12/18 ‐ 10 ‐ Court, rules 2.550 and 2.551. California Rules of Court, rule 2...

Excerpt: ...ce policy. Where a cause of action is based on the alleged breach of a written contract, “the terms must be set out verbatim in the body of the complaint, a copy of the written instrument must be attached and incorporated by reference or the complaint must plead the legal effect of a contract.” See Otworth v. Southern Pacific Transportation Co. (1985) 166 Cal.App.3d 452, 458; Constr. Prot. Servs. Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4...

Excerpt: ..., so this motion was procedurally required absent a stipulation. ...

Excerpt: ...f).) The California Supreme Court, in the Central Pathology decision that still defines the scope of the governing statute, stated in pertinent part as follows: “a cause of action against a health care provider for sexual battery would not, in most instances, fall within the statute CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/12/18 ‐ 8 ‐ because the defendant's conduct would not be directly related t...

Excerpt: ...ion of Donald Odell were not tabbed. The Court's denial of the petition is not based on the petition's failure to name the correct respondent. Petitioners should have named Ms. Argabright in her capacity as trustee, rather than the trust itself. The point is moot however, given that Ms. Argabright has appeared to oppose the petition in her capacity as trustee. Further, this is a technical pleading defect that could easily be corrected. The Court'...

Excerpt: ...lternations to the show quality female Standard Schnauzer puppy (“Show Puppy”), including cropping the ears, and (2) from selling, hypothecating, transferring or conveying the Show Puppy to any third party. Plaintiffs shall post a bond of $10,000 by July 19, 2018. Plaintiffs' request for a preliminary injunction that orders Defendants to transfer the Show Puppy to Plaintiffs is denied without prejudice. CONTRA COSTA SUPERIOR COURT MARTINEZ, C...

Excerpt: ...C (“Leisure”) moves to strike the prayer for punitive damages (made as a check mark on a form complaint) from Plaintiff's Complaint. The issue presented is whether Plaintiff has pleaded sufficient facts to warrant recovery of punitive damages. Relevant Allegations Plaintiff alleges she was a hotel guest at the Clarion Inn on October 16, 2015, and she was sexually assaulted during her stay by a third party. (Complaint Attachment p. 1.) Plainti...

Excerpt: ...ed to comply with Code of Civil Procedure section 415.50 before serving by publication. Second, Acosta contends that Dorsey did not comply with the Court's February 14 Order concerning service by CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/28/18 ‐ 18 ‐ publication. The Court's February 14 Order The February 14 Order required Dorsey to: (1) Publish the summons, complaint, and statement of damages in the Con...

Excerpt: ...d to judgment as a matter of law. (CCP § 437c (c).) Triable issues of fact exist and/or Wilmington has not established it is entitled to judgment as a matter of law. (See law discussed below and Disputed Material Fact Nos. 1, 2, and 6; Plaintiff's Ex. 14, p. 3 (disclosing the Smith Deed of Trust); Ex. A to Bone Decl. filed 4/23/18, Fama Depo., at 19:8‐20:5; 22:5‐23:10; 43:9‐44:14; 51:25‐52:4; 58:3‐11; 59:1‐8; 61:6‐10; 69:10‐20; 7...

Excerpt: ...try on March 22, 2017 into a Memorandum of Understanding with real party in interest Pacific Gas and Electric (“PG&E”). EBRPD demurrers to the second cause of action on the grounds that (1) the cause of action to set aside project approval as contrary to planning and zoning law and park district ordinance 38 fails as a matter of law because (a) the park's decision is not subject to the City's general plan and tree protection ordinance and (b)...

Excerpt: ...thew and Arlene Sirott Family Trust, filed a cross‐complaint, against Dr. Patel, as a manager of 400 Taylor Holdings, LLC. Dr. Sirott's cross‐complaint is a derivative suit on behalf of 400 Taylor Holdings, LLC (“400 Taylor”), named as a nominal cross‐defendant. The cross‐complaint alleges Dr. Patel caused harm to 400 Taylor by improperly failing to consider the CRTC Lease Proposal to lease the vacant suite in the 400 Taylor building....

Excerpt: ...ich the unlimited action is pending [1] may stay the unlawful detainer action until the issue of title CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/21/18 ‐ 6 ‐ is resolved in the unlimited action, or [2] it may consolidate the actions. [Bracketed numbers added.] Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385. While Martin‐Bragg and other cases mention consolidation as a theoretical possibility, p...

Excerpt: ...rally construed, with a view toward substantial justice.” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) Plaintiff Howard S. Leight & Associates, Inc. dba Leight Capital brings this action to quiet title to real property commonly known as 1100 Russelman Park Road in Clayton. Plaintiff seeks title, free and clear of all right, title, liens, and interests in the property created between 3‐14‐ 2001 and 2‐23‐2011. Plaintiff's o...

Excerpt: ...any disease. If he has not actually contracted either of these diseases, discovery of Plaintiff's past sexual history would be precluded as there would be no possibility that he had contracted the diseases from someone other than Defendant. If he has contracted either of these diseases, then the motion would be CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/07/18 ‐ 8 ‐ granted as the court finds that Defendan...

Excerpt: ...t misrepresentation; (4) negligence; (5) wrongful foreclosure; (6) violations of Business & Professions Code § 17200, et seq.; and (7) violation of HBOR (Civil Code § 2923.7). For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendants request judicial notice of several Contra Costa County Recorder documents as well as pleadings from other actions in Contra Costa County as well as the Nor...

Excerpt: ...aint (“FAC”) filed by Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The FAC pleads causes of action for (1) violation of Civil Code § 2923.7; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2924(b); (4) negligence; (5) intentional misrepresentation; (6) negligent misrepresentation; (7) promissory estoppel; (8) to set aside trustee's sale; (9) quiet title; (10) elderly financial abuse; and (11) unfair busin...

Excerpt: ...nification, (2) apportionment of fault; (3) declaratory relief; (4) slander of title; and (5) fraud. Defendants demur pursuant to Code of Civil Procedure § 430.10(e) and (f). For the following reasons, the Demurrer is sustained, without leave as to the cause of action for slander of title and with leave as to all other causes of action. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.�...