Excerpt: ... Danville Boulevard in Alamo. The Lease term was set for five years, until October 1, 2023. The Lease contained a provision that Lessee shall not assign, transfer, mortgage, encumber, or sublet all or any part of Lessee's interest without Lessor's prior written consent. Plaintiff attempted to sell the business and proposed two assignees, whom Defendant approved and later rescinded the consent. Plaintiff filed this action for breach of contract (f...

Excerpt: ...t stated, lived in a condominium unit next door to Michael Luecker's unit. (Compl. ¶¶ 1, 5, A [p. 5].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (Compl. ¶¶ 1, 2, 22, p. 10.) The Complaint appears to allege the owners' association was responsible for the corroded pipes, but that Mr. Luecker was neglig...

Excerpt: ...are seeking to attach the assets of Defendants' trust, the M&K Murphy Family Trust. Standard “Under Code of Civil Procedure section 483.010, a prejudgment attachment may issue only if the claim sued upon is (1) a claim for money based upon a contract, express or implied; (2) of a fixed or readily ascertainable amount not less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commerc...

Excerpt: ...espects, the motion is granted. Background Facts Plaintiff Dr. Bimal Patel and Defendant Dr. Matthew Sirott are medical doctors and are the managers of 400 Taylor Holdings LLC (“400 Taylor”), whose sole asset was the medical office building located at 400 Taylor Boulevard in Pleasant Hill. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 2016, Dr. Patel, on behalf of...

Excerpt: ...he Court's findings below, the motion is granted. AB shall lodge an appropriate order in compliance with Cal. R. Ct. 2.551. Sealing Motion ArcByt, Inc. ("AB") filed a demurrer to Plaintiffs' Complaint and a motion to strike. In support of its demurrer and motion to strike, AB filed the Declaration of Kimberly Lembo Abrams which attaches 11 exhibits. AB has moved for an order allowing certain portions of those exhibits to be filed under seal, with...

Excerpt: ...iff's reputation. Plaintiff served Defendant Yang with summons and complaint by alternative means on August 31, 2018. After numerous attempts at personal service and after three attempts made by the Canadian government under The Hague Service Convention, Plaintiff obtained a court order to serve Defendant Yang by posting the summons and complaint at his house and simultaneously mailing to Defendant. Plaintiff obtained a court order to serve Yang ...

Excerpt: ...chased a vehicle from non‐party Michael Stead's Auto Depot (the Seller). Plaintiff then experienced a number of problems with the vehicle. Plaintiff raised these problems with the manufacturer, FCA, but the problems were not fixed. Plaintiff took the vehicle to FCA authorized repair dealerships, including to McKevitt. Plaintiff is now suing FCA for a number of warranty related claims and one fraud claim and suing McKevitt for negligence in repa...

Excerpt: ...lly, failure to join the trustee of the trust alleged in the Complaint. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (20...

Excerpt: ...; (8) negligent property inspection; (9) breach of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/27/21 ‐ 22 ‐ implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) o...

Excerpt: ...f. Johnson demurs to the FAC on the grounds that he is improperly named as a defendant and that the FAC is procedurally improper for failure to submit proof of compliance with Probate Code § 9000. For the following reasons, the Demurrer is sustained, with leave to amend. Brief Factual and Procedural Background Plaintiff filed his original complaint against Jacqueline A. Ditmer for (1) conversion; (2) constructive trust; and (3) declaratory relie...

Excerpt: ... Inc. became indebted to Plaintiff in the agreed sum of $54,848.45 for goods and services rendered to Defendant. Defendant has failed to pay. Application for Right to Attach Order and Writ of Attachment Code of Civ. Proc. § 484.010 provides, “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and...

Excerpt: ... timely contests this tentative ruling in accordance with the Court's procedures, appears at the hearing by Zoom, and can demonstrate how Plaintiff could amend the first and third causes of action of the FAC against Regional Center in a manner that would not be barred by the Dismissal Order. Additionally, for the reasons set forth, Regional Center's request for sanctions is denied. Factual Background Plaintiff is a disabled adult who has "an inte...

Excerpt: ... is denied. Petitioner Main St shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Ms. Heppner. The proposed judgment shall attach a copy of the Final Award dated March 10, 2021 as a properly tabbed exhibit to the judgment. (Cal. R. Ct. 3.1110(f).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/20/21 ‐ 2 ‐ Factual Background This dispute arises out of a buy‐out provisi...

Excerpt: ...“SPS”) brought this Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (“Motion”), claiming a right to the entire sum based on its claimed status as a first mortgagee, and its contractual interest as an “additional insured” in the USAA policy. Defendant Norman Linsy (“Linsy”) opposes the amount SPS is entitled to collect. Fay Servicing LLC (“Fay”) argues it holds a lien secured by a deed senior to SPS...

Excerpt: ...en amending her complaint, Plaintiff shall remove Mardel Realty and De Leon from the fraud claim as the Court has already dismissed Mardel Realty and De Leon from that claim. The Case Management Conference scheduled for June 15, 2021 is continued to August 16, 2021. Procedural History Plaintiff originally opposed this motion by arguing that the meet and confer process with not followed, the demurrer was untimely filed and Plaintiff did not receiv...

Excerpt: ... Land Home is an East Bay‐based mortgage company. Plaintiff worked as a Web Software Developer. He was classified as an “exempt” employee and Plaintiff alleges his job should have been as “non‐exempt.” It was later changed. Prior to his employment with Defendant, Plaintiff had brought a lawsuit against his former employer, Robert Half International, Inc. in Los Angeles County. In that lawsuit, Plaintiff alleged various violations of t...

Excerpt: ...rs to Cross‐Complainant's causes of action for IIED and negligence pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Strange's claims are barred by the relevant statutes of limitations and dos Santos' communications are entitled to qualified privilege. For the following reasons, the Demurrer is overruled‐in‐part and sustained‐in‐part. The Demurrer is overruled with respect to the intentional infliction of ...

Excerpt: ...rranty of fitness for a particular purpose, (8) strict liability – manufacturing defect, (9) strict liability – design defect, (10) strict liability – failure to warn, (11) negligence – design and manufacturing defect and (12) negligence – failure to recall / retrofit. Defendant has not challenged the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/06/21 ‐ 8 ‐ indemnity and contribution claims in its...

Excerpt: ...mberly L. Moore in support of the Motion, which is titled First CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 2 ‐ Amended Complaint and includes Exhibit A (FAC ¶ 81), and (2) the amended pleading shall be filed within 10 days of the date of the hearing. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression...

Excerpt: ... the pleadings challenges to rest. However, it had to grant leave to amend as to Dr. Kim as to the First Cause of Action (Negligence) and Second Cause of Action (Battery), even though the other defendants had not demurred to the First Cause of Action and had demurred unsuccessfully to the Second. Plaintiff did not limit her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 6 ‐ amendment as the court had ...

Excerpt: ...ton. (Complaint, ¶¶1‐3.) Plaintiff's property is located across the street, to the east, and uphill from defendant's property, with no other homes in between. (Complaint, ¶3.) When plaintiff moved into his home in 1968, he had an unobstructed view of the San Francisco Bay and surrounding areas. (Complaint, ¶6.) Defendant acquired the property across the street in 1991 and, since 2010, defendant's “magnolia trees and other trees” have be...

Excerpt: ...ing this motion was not calendared with the demurrer. Upon further consideration, however, the Court finds that this motion should be considered with the demurrer. The motion and opposition have already been filed and there is no prejudice to the parties for the Court to consider this motion now. Defendants seek to strike (1) references to “all defendants” in the fraud cause of action, (2) incorporation of earlier facts in the complaint in tw...

Excerpt: ...Code section 1102.5 to her pending employment dispute with defendants. She requests the amendment because Labor Code section 1102.5 was recently amended to add a subsection (j). That subsection states, “The court is authorized to award reasonable attorney's fees to a plaintiff who brings a successful action for a violation of these provisions.” Defendants raise various arguments about the validity of the new cause of action. The most substant...

Excerpt: ...Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brings this action to hold Armanino LLP CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/22/21 ‐ 4 ‐ and its employee Gunther Hofman responsible for breaches of their fiduciary duty to the Company. Plaintiff Coywolf is an investment firm formed by Plaintiffs Philipp Gruner and Rei...

Excerpt: ...rchase of a Wolf range. The Court filed reflects plaintiff appeared at the first case management conference on February 19, 2020, which was continued to June 9, 2020 at that hearing. Plaintiff then failed to appear at the June 9, 2020 CMC, and at the continued CMC set for August 18, 2020. The Court issued an order to show cause as to why the case should not be dismissed for failure to appear and failure to prosecute ("OSC") which was set for hear...