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: ...‐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: ... 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...