Excerpt: ...swer on or before October 15, 2020. If plaintiff contests this ruling to request leave to amend, she shall attend the hearing prepared to explain how she could successfully amend the complaint. Plaintiff sues for alleged medical malpractice arising out of CT and MRI scans she had, alleging causes of action for (1) General Negligence; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Deceit; (5) Premises Liability; and (6) Product...

Excerpt: ...�) and co‐worker, David Englebrekston. In his original complaint, he alleged Englebrekston told management that plaintiff was “verbally abusive” toward janitorial staff. Defendants demurred to the original complaint, partly on the grounds that plaintiff failed to allege any false factual statement actionable as defamation. The Court sustained the demurrer on the grounds that the statement was opinion, and plaintiff amended his complaint, on...

Excerpt: ...al briefs, not to exceed 10 pages, on or before October 8, 2020. 1. Necessary Parties. The Second Amended Complaint alleges that there are at least two additional claimants competing with petitioner for the subject excess sales proceeds: (1) 1827 H. Place, Inc. (“1827”), presumably a corporation, and; (2) an entity of unknown form identified only as “Fagala.” The Court requests briefing on why these and any other competing claimants shoul...

Excerpt: ...hotel into a health care facility. Two of the defendants, Quality Health Asset Management (“QHAM”) and Tracy Brown are apparently California residents. Moving defendants Mitchell and VIFC are not. Plaintiff concedes that the contacts of Mitchell and VIFC are insufficient to sustain general personal jurisdiction, but argues they are sufficient to support specific personal jurisdiction. A California court may not assert jurisdiction simply beca...

Excerpt: ...n the middle lane. Traffic slowed and stopped and Mr. Spargo slammed on the brakes, but his Toyota Rav 4 struck the rear of Brittney Bonner's Kia Forte and pushed the car forward into another vehicle. The facts of the accident are not in dispute. Liability is not in dispute. Richard Spargo admitted his negligence for the subject accident. In the collision, Brittney Bonner, her 4‐year‐old son Kyree Jackson‐Bonner, and a passenger Shaquela Ja...

Excerpt: ...suit arises out of Defendants' alleged failure to properly maintain the condition of the condition of the Park in a safe and habitable manner and in accordance with applicable statutory and other standards, and two landslides that occurred at the Park in January and February 2017 which resulted in some of the mobilehomes being red‐tagged and rendered uninhabitable. Plaintiffs filed their complaint initiating this action on January 23, 2018. The...

Excerpt: ...seeks to enjoin the collection of property taxes, the Court is without jurisdiction to grant the relief sought, under Revenue and Taxation Code (“RTC”) section 4807; (2) because the complaint challenges the assessment of property taxes, and Plaintiffs failed to exhaust applicable administrative remedies, the Court is without jurisdiction to grant the relief sought, under RTC sections 1603, 4801, 4807, 4986, and 5097; (3) the action is time‐...

Excerpt: ...of dissolving their marriage through family law proceedings currently pending in the family law division of this Court. Plaintiff filed her Complaint on April 15, 2020, setting forth four causes of action: (1) Battery‐ Domestic Violence, (2) Intentional Infliction of Emotional Distress (“IIED”), (3) False Imprisonment, and (4) Violation of Civil Rights. Defendant demurs, arguing that the statute of limitations has run on all four causes of ...

Excerpt: ...ONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 09/03/20 ‐ 15 ‐ through failure to issue the requested grading permit, so the court can address legal or factual deficiencies of these claim of breach in a subsequent pleading or summary adjudication motion. The court does not, however, require such a separation as to the current second cause of action for breach of the covenant of good faith and fair dealing because...

Excerpt: ...just enrichment seeking recovery of $300,000 in fees for providing care to her mother, Anita Chorbajian, now deceased, and $21,000 for her services managing Mrs. Chorbajian's assets. Defendant Gregg Chorbajian is Plaintiff's brother and is sued in his capacity as Co‐Trustee of the John E. Chorbajian and Anita Chorbajian Living Trust (the "Trust"). At the time she filed her lawsuit, Plaintiff was also a Co‐ Trustee of the Trust. The Trust is s...

Excerpt: ...to comply with the meet and confer declaration requirements of Code of Civil Procedure section 430.41(a)(3). However, Defendant does set forth that “counsel for the parties met and conferred via telephone and via email.” (Demurrer, 7:5‐8.) As such, and because the filing of the declaration is not grounds for overruling or sustaining a demurrer, the Court proceeds with its ruling. Background Plaintiff was hired in February 2015 as a Social W...

Excerpt: ...ff Stacy Bauman was injured as a result of a dangerous condition of property owned and maintained by Defendants. Plaintiff, a technician for Ecolab, was installing equipment for the washing machines in the basement of Defendants Hilton Worldwide, Inc. dba Embassy Suites, located at 1345 Treat Boulevard in Walnut Creek. Plaintiff stepped onto a grate in the area where she was working and the grate caved in causing injuries to Plaintiff. Motion Def...

Excerpt: ...des a detailed statement of facts and summary of the evidence before the Court based on the motion and opposition papers filed by specially appearing defendant Brookfield Residential Properties, Inc. ("Brookfield RP Inc.") and plaintiff Novin Development Corp. ("Novin Corp"), respectively. The Court summarizes those facts and pleadings again here. In its first amended complaint ("FAC"), Plaintiff Novin Corp alleges it entered into a joint venture...

Excerpt: ...f action here are unprotected statements to the plaintiff's subtenants. As such, the burden does not shift to plaintiff to show a probability of prevailing, as further discussed below. Background In his Complaint, plaintiff Raul Vasquez (“Plaintiff”), states that he leases property from E & J Enterprises in Richmond, California pursuant to a written lease agreement (“Lease”). Eugene Maffei (“Defendant”) and James Maffei are the owners...

Excerpt: ... permitted in the First Amended Complaint. The updated first amended complaint shall be filed and served on the current defendants by September 3, 2020. Plaintiff shall promptly serve Friello. Plaintiff seeks permission to file a first amended complaint that adds Keith Lawson and Joseph Friello as defendants in this case. Friello would be added to causes of action one (FEHA violations) and seven (IIED), while Lawson would be added to cause of act...

Excerpt: ...ior Living, Inc., SNH SE Tenant TRS, Inc. doing business as Tiffany Court, a Resident Care Facility for the Elderly, is located at 1866 San Miguel Drive in Walnut Creek. Decedent suffered from Alzheimer's and the primary focus of choosing Defendant Tiffany Court as a residential facility was its advertised specialty in caring for patients with Alzheimer's disease. On June 18, 2016, at approximately 7:45 p.m., Ms. Baker was found outside, lying on...

Excerpt: ...: 08/20/20 ‐ 26 ‐ The First Cause of Action is for breach of a February 2014 loan modification agreement entered into between plaintiff's now‐ deceased husband and defendant's predecessor‐in‐interest, non‐party Ocwen Loan Servicing, LLC. (Complaint, ¶ 3 and ¶ 8.) The Court has sustained defendant's demurrer on the following grounds. A‐1. Standing. In support of the demurrer, defendant cites pertinent California case law demonstrat...

Excerpt: ...ainst Kingsmead for (1) declaratory relief, (2) injunctive relief, (3) wrongful foreclosure, (4) breach of contract, (5) violation of California Business and Professions Code §§ 17200 et seq., (6) quiet title, and (7) unjust enrichment. The Court strikes causes of action for (5) violation of California Business and Professions Code §§ 17200 et seq. and (7) unjust enrichment pursuant to Defendant's motion to strike discussed at Line 9. Defenda...

Excerpt: ...e arguments. First, it contends that the 3AC is barred because Plaintiffs failed to comply with the claim presentation requirements found in the Government Claims Act. Second, it contends that Paul A. and Jahna A. lack standing to bring any individual claims. Finally, it contends that the 3AC fails to allege facts sufficient to constitute any cause of action. Government Claims Act The Court first addresses the claim presentation requirement found...

Excerpt: ...has made a threshold showing that the challenged cause of action is one arising from protected activity, that is, by demonstrating that the facts underlying the plaintiff's complaint fit one of the categories spelled out in section 425.16, subdivision (e). If the court finds that such a showing has been made, it must then determine the second step, whether the plaintiff has demonstrated a probability of prevailing on the claim. [Citation.]' [Cita...

Excerpt: ... parties treat the petition as seeking relief from the requirements of section 945.4. Accordingly, the Court proceeds on that basis. As an initial matter, respondent West Contra Costa Unified School District (“School District”) seeks judicial notice of several documents. The request is unopposed, and judicial notice is appropriate. The requests are granted. Background Facts and Law On May 7, 2019, Gonzalez was involved in a car accident with ...

Excerpt: ...xtending from 2010 to 2015. The lease provided for an option to renew if written notice is given no later than 90 before expiration of the lease. The lease also contained a provision of first right of refusal. Plaintiff did not give written notice in accordance with the lease. In September 2018, the Wongs' attorney informed Plaintiff they intended to sell the property to other prospective buyers. Plaintiff filed this action for breach of contract...

Excerpt: ...ling on the adequacy of plaintiff's complaint. If plaintiff elects to amend, she shall state her direct entity liability theory (section 815.6) and vicarious entity liability theory (section 815.2) in separate counts. Any amended complaint shall be filed and served on or before August 20, 2020. The complaint alleges that plaintiff Wu was bullied and harassed while a student at Hercules Middle School. The harassment culminated in an incident on Ma...

Excerpt: ...laint, trying to allege facts to show they did not discover their cause of action for the wrongful death of Sarah Dell O'Connell, their wife and mother, respectively, until August 27, 2018, rather than earlier, on March 3, 2018, when Sarah's mother, Michelle Dell, hired attorney Thornton Davidson to investigate the circumstances of Sarah's death. If they discovered their cause of action on the later date, their February 27, 2019 government claim ...

Excerpt: ...re for Fujii's mother (plaintiff's grandmother) for her lifetime and be compensated through permanent residence in the home. However, after the mother died, plaintiff was evicted and was paid nothing for her ten years of service. Defendant demurred to the complaint, but failed to meet and confer, as required by CCP § 430.41. Plaintiff opposed the demurrer, but does not appear to have considered the various authorities cited by defendant, which s...