Excerpt: ..., 2020. The Moraga Country Club Homeowners' Association brought a cross‐ complaint against EBMUD for (1) breach of contract, (2) nuisance and (3) declaratory relief. The Cross‐ Complaint alleges that there were two landslides in 2016 on EBMUD's property and were caused by EBMUD's actions. (Cross‐Comp. ¶10.) EBMUD has not repaired the landslides and as a result an emergency access road cannot be used by residents of the HOA. (Cross‐Comp. ...

Excerpt: ...ing, and presents specific facts which Plaintiff contends she could truthfully allege, if she were given leave to amend her FAC, to demonstrate her claim is not barred by the statute of limitations and is otherwise legally viable. Facts Alleged Plaintiff Meier alleges she was the owner of real property commonly known as Lot 9, Mallard Dr., Point Richmond, California (the "Property"). (FAC ¶¶ 2, 7.) The Property was encumbered by a deed of trust...

Excerpt: ...(1), arguing that defendants' motion is frivolous. That motion is scheduled to be heard on September 3, 2020. It is supported by a confusing document consisting of 48 numbered pages, with exhibits interspersed. Notwithstanding a footer that refers only to that motion, the document appears to contain the Memorandum of Points and Authorities filed in support of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/30/...

Excerpt: ...earing that Thursday. As the Court pointed out, a reply here was due “not less than five days” before the hearing. Although Code of Civil Procedure section 12a allows an extra day to complete certain matters when the due date falls on a weekend or holiday, that section does not apply here. (Steele v. Bartlett (1941) 18 Cal.2d 573, 574 [section 12a does not apply to acts that must be “performed ‘not less' than or ‘not later' than a given...

Excerpt: ...iolation of Civil Code § 2924.17, violation of Civil Code § 2924, violation of Civil Code § 2924c, and Unfair Competition in violation of Business and Professions Code § 17200 et seq. ("UCL"). A temporary restraining order was issued on February 20, 2020 to prevent RTR from proceeding with a nonjudicial foreclosure sale of her residence, and on February 24, 2020, Plaintiff filed her motion for preliminary injunction supported by Donham's decl...

Excerpt: ...tion of California Unfair Competition law; (4) breach of contract; (5) negligent misrepresentation; (6) elder abuse; and (7) breach of fiduciary duty. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/30/20 ‐ 17 ‐ Defendant demurs to all but Plaintiff's first cause of action pursuant to Code of Civil Procedure § 430.10(e). For the following reasons, the Demurrer is sustained, with leave to amend. Any amended co...

Excerpt: ...more than $5,000….” 2. Paragraph 15 page 4, lines 25‐27, “Defendants' [sic] conduct in breaching Section 1942.5 has been fraudulent, malicious, and oppressive….” 3. Plaintiffs' prayer for relief, page 5, line 4, “Punitive Damages pursuant to Civil Code Sections 1942.4 and 1942.5” Defendants move to strike the allegations regarding punitive damages on the ground the conclusory and vague allegations in the FAC are insufficient to su...

Excerpt: ...UPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/23/20 ‐ 18 ‐ The parties' unopposed requests for judicial notice are granted. The District's request for monetary sanctions is denied. The basis for this ruling is as follows. A. The Failure To Seek An Order For Publication. A‐1. Petitioner's Failure Violated The Statutory Scheme. The Court agrees with the District's argument that PG&E was required to seek an order for publi...

Excerpt: ...d previously and as recited by the Court of Appeal in Case No. A153576 in the First Appellate District, are that plaintiffs and defendants entered into an agreement in December 2015 for defendants to pay off a May 2012 Stipulated Judgment of $1.155 million in installment payments from December 5, 2015 to January 4, 2018, for a total CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 07/23/20 ‐ 22 ‐ reduced sum of $1...

Excerpt: ...side from a footnote in the reply. Since Mapp did not address the promissory estoppel claim in his moving papers or offer any legal authorities in support of his position that there can be no claim for promissory estoppel against him, the motion for summary judgment is denied. Insurance Agent Liability Technically, Mapp's motion arguing that he cannot be liable as an agent of AAA was for summary judgment, not adjudication. However, both sides add...

Excerpt: ..., LLC in the amount of $422,157. The amount is the sum of unpaid rent ($35,317) and late fees ($39,229), damages for water damage to the Premises ($2,800), damage to the telecommunication system ($1,000), stolen furniture ($10,000), attorneys' fees to date ($233,811), and estimated attorneys' fees and costs through trial ($100,000). For the following reasons, the application is denied. Request for Judicial Notice Both parties' unopposed Requests ...

Excerpt: ...Global” or “Petitioner”). The Petition names 1827 H. Place, Inc. as a respondent as the real property in interest which filed a claim to the proceeds that was paid by Respondents. That party has not made an appearance in the action to date. For the reasons stated, the demurrer is sustained, without leave to amend. The Material Allegations of the First Amended Petition Global alleges it has a claim to excess proceeds of a tax sale of real pr...

Excerpt: ...hreaten to cause irreparable injuries, ones that cannot be adequately compensated in damages”]. See also, Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, 1471 [discussing “irreparable injury”].) If, as plaintiff contends, defendant Mehrzad Azari has caused Pine Hollow Enterprises to pay excessive attorney fees, this is an injury that can be adequately compensated by an award of monetary dam...

Excerpt: ...�SACC”) filed by Alamo Group, LLC (“Cross‐Complainant” or “Alamo Group”). The SACC alleges causes of action for (1) rescission; (2) negligent misrepresentation; (3) professional negligence; and (4) equitable indemnity. The Hites demurrer to the first and second causes of action pursuant to CCP § 430.10(e). For the following reasons, the Demurrer is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DAT...

Excerpt: ...of Mount Diablo, went wrong. Defendant Contra Costa Community College District, a public entity, owns, operates, maintain, and control Diablo Valley College. Prior to the incident the District organized regular events called “Club Day” at the DVC campus. Club Day is a recurring school‐sponsored event where different school clubs and other groups set up booths to give students information about the various organizations and opportunities. De...

Excerpt: ...Fact Nos. 8, 9, 11, 12, 13; see also Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203, 1210, 1212‐ 1213; CCP § 437c (e).) Background This case arises out of an accident that occurred on February 27, 2016, when plaintiff slipped and fell at the Walmart store on Loveridge Road in Pittsburg, California, allegedly due to liquid on the floor. The incident was captured on surveillance video. The video establishes that the incident occurred about 3...

Excerpt: ... shall be served and filed on or before July 23, 2020. Background Defendant and cross‐ complainant Venturi rented premises from plaintiff and crossdefendant Smok ‘N Bones for the operation of a tap house, LaMorinda Taphouse, LLC. The Second Amended Cross‐Complaint (“SACC”) alleges the two parties used the same realtor, Wiener, for negotiation of the lease. Venturi and LaMorinda were unable to open the new business as soon as they wanted...

Excerpt: ...tter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) The Court rules as follows: As to the Texas Penal Code, the Court has no jurisdiction to provide remedies under Texas law. Motion to strike is granted without leave to amend. As to Article 1, Se...

Excerpt: ...e Lease term was five years with an option to renew, provided Plaintiff gave written notice no later than 90 days before expiration of the lease. Plaintiff did not exercise the option in writing. Plaintiff alleges the parties came to an oral agreement to extend the lease in 2014 to 2021. The Lease also contained a right of first refusal provision, allowing Plaintiff the right to purchase the property if the Wongs ever sought to sell it. On or abo...

Excerpt: ...ate it owned in San Francisco. The Accountants (for present purposes, the distinction between the accounting firm and David Bott, the individual accountant, is immaterial) demur to the complaint, contending that the professional negligence cause of action is time‐barred. Relevant Standards and Authority The Court must accept all the factual allegations of the complaint as true for purposes of ruling on the demurrer. (Blank v. Kirwan (1985) 39 C...

Excerpt: ...ntinues to believe this motion is not proper procedurally in important respects. Background This is an interpleader action filed by a life insurance company after a dispute between three claimants to the proceeds of the policy could not be resolved. The claimants are the decedent's wife (Scott), mother (Beasley), and brother (Mims). The decedent acquired the policy in 2000 through his employment with BART, named Beasley and Mims as beneficiaries ...

Excerpt: ...opment Corporation (“Plaintiff” or “Novin Corp”). For the reasons set forth, the motion to strike paragraph 5 of the prayer is granted in part, and the motion to strike paragraph CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/25/20 ‐ 25 ‐ 6 of the prayer is granted, with leave to amend based on this ruling and the Court's concurrent ruling on Defendants' demurrers. Defendants' motion to strike was fil...

Excerpt: ... Plaintiff failed to underline or highlight the relevant portions of the deposition transcripts. Not only is this required by California Rules of Court, Rule 3.1116(c), but the Court finds compliance with this rule helpful when reviewing deposition transcripts. Breach of Contract, Specific Performance, Covenant of Good Faith and Fair Dealing In 2016, Plaintiff and Defendant Rose Family Properties entered into a lease (“the Agreement”). The Ag...

Excerpt: ...Defendants are referred to collectively as the “Brookfield Defendants” for purposes of this ruling), Joe Guerra, and Josh Roden (Guerra and Roden referred to as the “Individual Defendants”; the California Corporate Defendants and Individual Defendants referred to as the “Defendants” for purposes of this ruling). For the reasons set forth, the Court rules as follows: (a) demurrer to second cause of action for fraud – sustained, with ...

Excerpt: ...PARTMENT: 33 HEARING DATE: 06/25/20 ‐ 12 ‐ The Court signed the order appointing a guardian ad litem for Mateus Moniz on June 24, 2020. Since a guardian ad litem has now been appointed, the Court will proceed to the merits of this demurrer. Julia demurs to causes of action two and five. Mateus demurs to causes of action three and four. Plaintiff correctly argues that the demurrer did not identify the statutory basis for the demurrer. However,...