Excerpt: ... the motion to strike the prayer for relief for punitive damages is denied. Standards Governing Motion to Strike The Court "may" strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) In addition, allegations "neither supported by nor pertinent to an otherwise legally sufficient claim or defense" can be st...

Excerpt: ...�� 5 ‐ misconduct or punitive damages and (2) because Defendant admitted to negligence, Plaintiff has elected his remedy in this case. These two issues appear to be improper issues for summary adjudication as they address issues in this case rather than a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code of Civil Procedure section 437c(f).) The separate statement of material facts lists five issues, which ...

Excerpt: ...mbering the residential real property located at 2354 Alameda Diablo in Diablo (the "Subject Property"). Ms. Salehomoum sued her estranged husband Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income, and seeking dissolution of their financial partnership, among other relief. Omid Bahrami filed a cross‐complaint in that action. Navid Bahrami, br...

Excerpt: ...fore the opposing party has any burden at all. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) The moving party's initial burden is to “make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff filing a motion for summary judgment must establish on her initial burden that there is no defense to the action. (CCP § 437c (a)....

Excerpt: ...he leases do not contain language that would enable the prevailing party in this matter to recover attorneys' fees. Because the MSAs require the Court to answer a single question (namely, whether the prevailing party in this action can recover attorneys' fees pursuant to the aforementioned residential leases), the Court will address them together. The Relevant Contractual Language Plaintiffs contend that language found in the Mold Addendum to the...

Excerpt: ...fy Defendant in writing by September 2 and Defendant's answer will be due by September 23, 2021. Defendant demurs to the following claims brought against it: (5) breach of express warranty, (6) negligence – design and manufacturing defect and (7) negligence – failure to recall / retrofit. Defendants demurs based on the failure to allege sufficient facts to state a cause of action (due to the statute of limitations expiring) and on uncertainty...

Excerpt: ...25.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a ‘summary‐judgment‐like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384‐385.) Protected Activity On the first step, the Defendant has the burden of showing that the challenged causes of action arise fr...

Excerpt: ...fendants breached their duty to comply with building, fire, and health and safety codes. Plaintiffs allege Defendants breached the implied warranty of habitability by failing to correct substandard conditions, which included garbage disposal deficiencies; plumbing and electrical deficiencies; rodent, pest, and insect infestations; mold and mildew; and security and safety deficiencies. Motion Pursuant to CCP §§ 473(a)(1) and 576, Plaintiffs seek...

Excerpt: ...l Background Plaintiff's Complaint asserts claims alleging Sierra is liable for the transmission of COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post�...

Excerpt: ...failure to provide rest periods; (5) failure to provide accurate wage statements; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) retaliation‐employment; (9) intentional infliction of emotional distress; (10) breach of the covenant of quiet enjoyment; (11) breach of the warranty of habitability; (12) violation of the Richmond Rent Ordinance; (13) specific performance; (14) (anticipatory) breach of contract; (15) (ant...

Excerpt: ... by cross‐complainants, Don Neufeld and Mia Blume (“Buyers”). Buyers argue that, because not all the claims or parties are subject to the arbitration clause, the Court should exercise its discretion to refuse to enforce the clause. In a footnote, Buyers contend this discretion is not affected by the FAA because the agreement does involve interstate commerce. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/29...

Excerpt: ...ated by Michael Dayton and owned by AMR. The form complaint alleges those facts, that the accident occurred on April 23, 2019 on Clayton Road in Concord, and that defendants' acts were negligent. (Attachment to Compl.) The Complaint alleges one cause of action for negligence arising out of the accident. Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well‐pleaded factual allegations of the com...

Excerpt: ...f COVID‐19 to a household member of Sierra's employee in December 2020. The following is a summary of the allegations Plaintiff makes in her Complaint. Plaintiff is the daughter of an employee of Sierra. (Compl. ¶ 16.) Sierra operates addiction rehabilitation facilities and offers residential treatment for persons suffering from addition and post‐traumatic stress disorder (PTSD). (Compl. ¶ 2.) Plaintiff's mother was employed as a therapist ...

Excerpt: ...defects, including “interior, exterior, electrical, suspension, structural, engine and transmission defects”. (Comp. 9, 10.) Plaintiff is suing Ford Motor Company for various warranty claims under the Song‐Beverly Act and is suing Walnut Creek Ford for negligence in repairing the vehicle. Both Defendants are moving to compel arbitration based upon an arbitration clause contained the vehicle purchasing contract between Plaintiff and the Sell...

Excerpt: ... granted, without leave to amend. Background Facts Plaintiffs entered into a written rental agreement with Defendant Guardian of KW Hilltop LLC for the subject premises at 3400 Richmond Parkway #3316, Richmond, CA 94806. (FAC 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 ...

Excerpt: ...ces located on 21st Street in the City of Richmond owned, leased or controlled by the individual defendants. (FAC ¶ 9.) She alleges the sidewalk where she fell was defective, and that a "tree planted on" the sidewalk contributed to the defective condition of the sidewalk. (FAC ¶ 10.) Plaintiff alleges two causes of action against the City for dangerous condition of public property under Government Code § 835, and the City's violation of a mand...

Excerpt: ...fendant's motion is denied, without prejudice. Background Facts This dispute arises from Defendant Antonio Aceves' incident with Plaintiff Ricardo Martinez at Pizza Guys owned by Defendant Sauman, Inc. and located at 8610 Brentwood Boulevard in Brentwood. (Complaint at ¶ 4.) Plaintiff Ricardo Martinez alleges he saw that Defendant Aceves did not wash his hands before preparing food. (Id.) Following this, Plaintiff submitted an email to Pizza Guy...

Excerpt: ...nged since the General Plan was adopted in 1973, prior to plaintiff's purchase. Plaintiff does not dispute most of the factual issues underlying the motion. Those that he does dispute, including the validity of a zoning ordinance passed decades ago, are not material. Summary judgment is granted. The City shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Background This is a land use...

Excerpt: .... This case involves the sale and purchase of a motor vehicle. Plaintiff signed a Retail Installment Sale Contract (“RISC”) for the purchase of a vehicle through the now‐defunct car dealership CMR 36 Motors. The Contract includes the following notice: “ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE ...

Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 2 ‐ abandoned vehicle that Plaintiff later learned was driven by Defendant Kenneth Faul, II. Plaintiff is informed and believes that the vehicle driven by Faul was owned by Defendant Getaround, Inc. Plaintiff filed this action for negligence and motor vehicle (property damage and personal injury) on May 12, 2020. Plaintiff's request for entry of default aga...

Excerpt: ...isor, Defendant Paul Larkin, routinely harassed Plaintiff due to his disability. Plaintiff continued to report the harassing behavior and CVS failed or refused to protect Plaintiff from the harassment Plaintiff alleges CVS wrongfully, constructively terminated him on or about June 23, 2020. Plaintiff filed this action for discrimination, harassment, and wrongful termination on December 16, 2020. Motion Pursuant to 9 U.S.C. §§ 1, et seq., Defend...

Excerpt: ...bar Kessler from proceeding with an unlawful detainer action, harassing the Foundation's tenants and interfering with their quiet enjoyment, interfering with the Foundation's contractual relationship with the Department, and interfering with its agreements with its subtenants. (Cross‐ Complaint, ¶ 104.) Kessler filed the instant anti‐SLAPP motion under CCP § 425.16 on April 6, 2021. He asks the court to strike the entire eleventh cause of a...

Excerpt: ...has dismissed that cause of action. Any amended Cross‐Complaint shall be filed and served on or before July 1, 2021. Background Kessler demurs to multiple causes of action, but one main theme is consistent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 12 ‐ throughout: the Foundation may not sue for the damages it seeks, lost profits, because (1) under the Berkeley Rent Stabilization Ordinance (the ...

Excerpt: ...37c (f).) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c (f)(2).) A 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. (Code Civ. Proc., § 437c (c...

Excerpt: ..., John Roberts, Carlos Andersen, Baldomero De Leon, Norman Livermore, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/10/21 ‐ 2 ‐ Frank Tzeng, and Anthony Demeo, whose surviving spouse and successor, Linda Demeo, was substituted as plaintiff for Anthony Demeo by the Court's Order filed April 29, 2021 (the "Opposing Plaintiffs"). The IPA's second motion for summary adjudication is granted in part as to the ...