Excerpt: ...For the following reasons, the Defendant's Motion to Expunge Lis Pendens is granted. At the outset, the Court notes that the Plaintiff's Request for Judicial Notice in support of its Opposition to Defendant's Motion to Expunge Lis Pendens as well as the Declarations of Galen Gentry and Kristin Andrade are not tabbed, in violation of Cal. Rules of Court, rule 3.1110, subd. (f). See also Local Rule 3.42, subd. (3). Plaintiff is directed to tab her ...

Excerpt: ...r. Sirott and Dr. Patel, who were the only two managers of both Taylor and CRTC, properly exercised their managerial responsibilities of both CRTC and Taylor with respect to the EBMOH lease proposal, another entity in which Patel was part owner. The resolution of whether Dr. Patel violated the non‐competition provision of the CRTC Operating Agreement, which is at issue in the arbitration, may be dispositive of the claims Patel has made against ...

Excerpt: ... of action in the Cross‐Complaint in the context of the appropriate jury instructions to be submitted to the jury. The court did not, as Plaintiffs contend, rule that Defendants “could have been entitled to attorney's fees” on those causes of action. Instead, the court suggested and counsel agreed that those causes of action and any corresponding claim for attorney's fees or other expenses should be severed and argued to the court after any...

Excerpt: ...ten” or “Cross‐Complainant”). The SACC pleads causes of action for (1) equitable indemnity, (2) total indemnity, (3) contribution, and (4) declaratory relief. Cross‐Defendant demurs pursuant to Civil Procedure § 430.10(e) on the grounds that CrossComplainant's equitable indemnity claim is precluded by the “hold harmless” provision of the parties' contract and as a consequence its claims for total indemnity and declaratory relief al...

Excerpt: ...garding the form or content of the opposing party's pleading. Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994. For purposes of a demurrer, all properly pleaded facts are admitted as true. Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967. “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good again...

Excerpt: ...iary duty is sustained with leave to amend. Cross‐Complainant, Shannon B. Jones Law Group, Inc. (“SBJLG”) alleges Sandra VellaAndrade (“SVA”) was the Controller of SBJLG from approximately August 2010 through January 2016. Her responsibilities included handling all financial matters for the law group. SBJLG alleges she had a fiduciary duty of loyalty. She breached the duty by approving alleged overtime work by Olson without disclosing t...

Excerpt: ... History Santos began working for Contra Costa County in 1995. She argues that she is entitled to service‐connected disability retirement benefits based on her orthopedic and consequential psychological injuries. Specifically, she contends that she is permanently incapacitated on a psychiatric basis and therefore unable to engage in any substantial gainful employment. Santos started work with the county as a clerk in 1995. In 2001 she worked in...

Excerpt: ...Court previously advised the parties, the Court will set trial and issue conference dates once the parties have participated in mediation. A. Preliminary Matters. Holding Company's request for judicial notice, filed on June 15, 2018, is granted. CSV's request for judicial notice, filed on August 30, 2018, is also granted. CSV's evidentiary objections, filed on August 30, 2018, are sustained. Holding Company's evidentiary objections, filed on Sept...

Excerpt: ...ated May 30, 1990, brings this action as co‐owner of the real property located at 3511 School Street. Cross‐Defendant Milton Bruzzone owns the adjacent Rosedale Street Property. There are two small parking areas along the western side and southern portion of the School Street Property, which Cross‐Complainant has labeled “Area B” that are in dispute. As alleged, Area B has always been within the School Property's side of the fence separ...

Excerpt: ...rah Shapero, are ordered to show cause why they should not be sanctioned in the sum of $ 900.00, jointly and severally, pursuant to sections 128.5 and 128.7 of the Code of Civil Procedure. On or before November 1, 2018, plaintiff shall file and serve a declaration signed by plaintiff's counsel. Attached to this declaration shall be a ‘redlined' copy of the “Amendment to Second Amended Complaint For Damages” filed on October 19, 2018. This r...

Excerpt: ...rs contain serious defects. The Court will not consider these opposition papers, and gives plaintiff two procedural options. First, plaintiff may submit the pending motion for the Court's decision as functionally unopposed. The Court would review only the moving papers, and would send out a ruling by the end of the day. Second, plaintiff may stipulate to (1) briefly continuing the existing issue conference and trial dates, (2) setting a new heari...

Excerpt: ...t cannot determine whether the enactment relied upon was intended to impose an obligatory duty to take official action to prevent foreseeable injuries or whether it was merely advisory in character. [Citation]”).) In addition, a complaint against a public entity will ideally make clear whether plaintiff the plaintiff is claiming the public entity is directly liable under Government Code section 815 and/or 815.6 and a statutory or constitutional...

Excerpt: ...ing to bring their eleven (11) Penal Code claims against any party. The District Attorney's office (or U.S. Attorney with respect to the federal RICO claim) is the entity (or entities) who must prosecute those claims. No civil remedies are contained in the violations set out in the Complaint. NO CAUSE OF ACTION PLED AGAINST THE STATE OR ITS AGENCY, THE CSLB Regardless of the problems with standing, this demurrer is confined to the deficiencies in...

Excerpt: ...continued this demurrer so that the parties could meet and confer “in person or by telephone” as required by code of civil procedure § 430.41. The Court further ordered Plaintiff to file a declaration of compliance with § 430.41(a) by October 11, 2018. He has not done so. Although the Plaintiff is in pro per, the Court notes that pro per litigants are not entitled to special treatment and must follow the procedural rules that govern civil l...

Excerpt: ...al theories. Any amended complaint shall be filed and served on or before January 31, 2019. The basis for this ruling is as follows. Background Plaintiffs are the current owners of the Renaissance Square Apartments, located at 1825 Galindo Street, in Concord, California (the “Property.”) They sue defendant Signature Properties, Inc. over allegedly defective construction services that Signature provided for a prior owner under a contract with ...

Excerpt: ...te causes of action. The amended complaint may also include the changes listed in Plaintiff's request for leave to amend. Res Judicata Defendant argues that Plaintiff's complaint is barred by res judicata because there was a final judgment on the merits in a small claims action between the same parties. This argument was raised and rejected by this Court in the last demurrer. This appears to be an improper motion for reconsideration, however, occ...

Excerpt: ...e and two is granted in part and denied in part. The motion is granted as to the STA Notice. Paragraphs 26 and 27 are ordered stricken from the complaint. Otherwise the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/11/18 ‐ 10 ‐ Relevant Allegations Defendants seek to strike the first and second causes of action (libel per se and libel per quod) in the complaint. Defendants have not moved to...

Excerpt: ...k to be assigned “benefits because the premises are the very definition of unsafe...” Plaintiffs include what appears to be a copy‐andpaste rendition of Health and Safety Code section 17975 et seq. regarding tenant relocation assistance. In apparent efforts to improve the Petition's chance of success, Plaintiffs filed an “addendum to petition for writ of mandate” on October 5, 2018, three court days before the hearing and without a proo...

Excerpt: ...y settled Armstrong's claims against Daly, but did not settled Daly's crosscomplaint against Armstrong. Armstrong filed a second opposition to this motion on January 11, 2018 and Daly filed a timely reply. Daly's motion seeks to disqualify Armstrong's attorney Robert De Vries because De Vries represented Armstrong's brother, Richard Armstrong, during his deposition. Daly argues that De Vries' representation of Richard Armstrong at his deposition ...

Excerpt: ...aglins, in 2010, but they lost the property to foreclosure. Bank of New York purchased the property at a foreclosure sale on August 15, 2011. After the foreclosure sale, the property manager was originally defendant Tenant Access and later moving party Rockbridge Group, LLC. Rockbridge is the successor in interest to Tenant Access. Neither party has provided the precise date when Rockbridge took over from Tenant Access, but Tenant Access was stil...

Excerpt: ...nee Benham (“Benham”). This is an unlawful foreclosure case. The FAC pleads causes of action for (1) violation of Civil Code § 2923.6; (2) violation of § 2923.7; (3) negligence; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) unfair business practices. The Court previously sustained Defendant's demurrer to Plaintiff's original Complaint, which pled causes of action for (1) violation of Civil Code § 2923.6; (2) v...

Excerpt: ...d vehicle, but does not explain or identify why that would be. Furthermore, LaPlante does not explain which entity she had/has an auto policy with or which policy had/has the underinsured provision and/or any preservation of a crashed vehicle provision. From the FAC, one cannot know who the two individual employees are, who represented that they would keep the crashed vehicle for Plaintiff, or for which insurer they even worked. Hence, one cannot...

Excerpt: ...the motion is granted as to Wells Fargo, LTD. Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment is granted for the following reasons. Background Facts Plaintiff Colin Fraser is a 52‐year‐old Caucasian male. Plaintiff began working for Wells Fargo in September of 2003. In April 2007, Plaintiff became licensed as a Personal Banker and transferred to the Blackhawk branch effective September 30, 2007. He remained a “Personal Banker...

Excerpt: ...60 and 701.680. Moreover, the judgment was fully satisfied 2 months prior to the initiation of this litigation. CCP Section 685.080 only allows for an award of fees if the motion seeking fees is brought before the judgment is fully satisfied. ...

Excerpt: ...ele (collectively “Plaintiffs”) have sued the Bay Area Air Quality Management District (the “District”) and several individuals: Wayne Kino, Brian Binger, Bill Guy, Satnam Hundel, Rex Sanders, Jeffrey McKay and Jack Broadbent (collectively the “Individual Defendants”). Plaintiffs' First Amended Complaint (FAC) includes a single cause of action against all defendants for violations of Labor Code §1102.5 (all statutory references are t...

Excerpt: ...Plaintiff Lillian Morris (“Plaintiff” or “Morris”). The Complaint 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 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/18/18 ‐ 22 ‐ misrepresentation; (7) promissory estoppel; (8) to set aside truste...

Excerpt: ...d award the reasonable attorney fees to which the Fratuses are entitled under section 800, subdivision (a). The Court of Appeal did not instruct this Court to consider the applicability of any other statute. The Court of Appeal tasked this Court with two specific undertakings: (1) Determine the reasonable attorney fees under section 800, subdivision (a); and (2) Award the reasonable attorney fees under section 800, subdivision (a). The “section...

Excerpt: ...ilton Bruzzone was written or oral; she had not remedied her failure to satisfy the Statute of Frauds; and she has not remedied her failure to avoid the statute of limitations. Once the breach of contract claim has been dismissed, there is no legal theory to entitling Cross‐Complainant to a decree quieting title and declaratory relief; no basis for the trespass claim and injunctive relief; and no basis for reformation and novation where no enfo...

Excerpt: ...ow through damages.” The demurrer is sustained without leave to amend as to this plaintiff on the reformation cause of action. 1st Cause of Action—Reformation Plaintiff Patel has standing to bring this reformation action as signatory to the contract. A party seeking reformation must generally allege and show: (1) The true intention of the parties for the instrument [see Civ. Code § 3399; American Home Ins. Co. v. Travelers Indemnity Co. (1...

Excerpt: ...ople or entities employed plaintiff Singh. On page 5 of the opposition, Singh says that the Thekkeks owned all the entity defendants, and says their ownership “begs the question, who other than them had the right to control plaintiff's work or terminate his [employment] [sic]?” (Opp. 5:4‐6.) If that is true, then perhaps only the Thekkeks and Paksn, Inc. need to be named as defendants in this action. The demurrer does not question whether P...

Excerpt: ...ion to collect in excess of $160,000 allegedly owed on an agreement to rent equipment for use at the Camp Park and other construction projects. Defendant Federal Solutions Group, Inc., ordered the equipment and defendant Selina Singh guaranteed payment. Plaintiff filed its lawsuit on May 4, 2017. It served each defendant by substituted service on May 12, 2017. It did the required mailing on May 16, 2017. (See CCP § 415.20 (a), (b).) Service was ...

Excerpt: ... can be denied where there is “‘inexcusable delay and probable prejudice to the opposing party'… [Citation.]” (Ibid; see also, Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048 (even assuming there is unreasonable delay, “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.”).) Leave to amend can be denied where the proposed amendment is insuf...