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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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 ...