Excerpt: ...se party, allow, upon any terms as may be just, an amendment to any pleading…” (CCP § 473.) At any time before or after commencement of trial, the court may allow an amendment to a pleading in furtherance of justice. (Code Civ. Proc., § 576; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) “There is a policy of great liberality in permitting amendments to the pleadings at any stage of the proceeding.” (Berman v. Bromberg (1997) 56 C...

Excerpt: ...Unruh Civil Rights CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING DATE: 12/10/18 ‐ 6 ‐ Act (Civil Code § 51), and 4) intentional infliction of emotional distress (“IIED”). The demurrer is overruled. UHCA shall file and serve its answer by December 24, 2018. UHCA demurs to the entirety of the complaint on the basis that the complaint fails to join a necessary party under Code of Civil Procedure (“CCP”)...

Excerpt: ... follows. A. Procedural History. Plaintiffs filed their complaint on June 28, 2018. Defendant filed its motion to compel arbitration on August 3. At the initial hearing on October 1, the Court requested additional briefing, and set an evidentiary hearing for the presentation of live oral testimony. The parties filed supplemental briefs on October 29, and responses to the supplemental briefs on November 5. On November 15, the Court heard oral test...

Excerpt: ... MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 12/03/18 ‐ 2 ‐ these claims. If the two year statute of limitations applies then the claims are barred, unless equitable estoppel or tolling applies. If the four year statute of limitations applies then the claims are timely and may proceed. Statute of Limitations: 2 vs. 4 years The key issue here is whether the two year statute of limitations applies under CCP §339(1) or the four year state...

Excerpt: ...Rios was a resident and patient of Defendant Lone Tree Convalescent (“Lone Tree”), a skilled nursing facility in Antioch. Plaintiff resided at the facility from December 27, 2017 through December 31, 2017. Plaintiff Rios died at the age of 91 on January 22, 2018. Plaintiffs allege Rios' death resulted from injuries received at the Lone Tree. At the time of her admission, Rios was known to be at risk for falls due to her weakness and other con...

Excerpt: ... First Amended Complaint, defendants' current demurrer is addressed to only the Sixth and Seventh Causes of Action of the SAC. Sixth Cause of Action, Intentional Infliction of Emotional Distress The court overruled defendants' previous demurrer to this cause of action. The current demurrer is based on the same grounds. Accordingly, the demurrer to this cause of action is overruled. Further, the court's order on the previous demurrer said defendan...

Excerpt: ...w no later than June 26, 2018. However, Huang canceled the contract on June 29, 2018. Crowd Fund therefore filed this action for specific CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 11/05/18 ‐ 7 ‐ performance and recorded a lis pendens against the Property. Huang now moves to expunge the lis pendens. Defendant Zeng, who offered to purchase the Property on June 30, 2018 for a predominantly seller‐financed am...

Excerpt: ...n October 22, 2018, is also granted. Neither side has filed evidentiary objections. Plaintiffs' objection to defendant's reply memorandum is overruled. Defendant's counsel is directed to properly serve opposition and reply papers in the future. The Court notes that it has received only a reply memorandum; the Court has not received a reply separate statement, or any reply evidence. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 H...

Excerpt: ... Affinito's evidentiary objections, filed on October 15, 2018. Nos. 1, 2, 7, 19, 47, 50, 51: sustained in part. Unverified pleadings are not evidence. However, the filing date of the original Complaint is relevant to the statute of limitations analysis, and the allegations of the Third Amended Complaint define the scope of the issues that can be decided by the pending motions. Also, the Court can take judicial notice of the probate petition and t...

Excerpt: ...t Lemuel Sirvonn Wilson, Jr., and owned by defendant Savee Pralourng, struck her car. Three of Ms. Reyes' children were passengers and two died at the scene. The third – plaintiff Luciano Reyes, on whose behalf Ms. Reyes brings the action as guardian ad litem – survived. Besides the negligence‐based claims against the driver and owner of the other vehicle, plaintiffs also bring claims for dangerous conditions of public property against seve...

Excerpt: ...th Thomas Truston to purchase a floating home, currently situated at 7000 Orwood Road in Brentwood. Plaintiffs allege in the proposed amended complaint, which the court has granted in the accompanying motion, the subject floating home was brought to Bethel Island and Cruiser Haven Marina in 2008. On information and belief, Plaintiffs believe that Defendants have not dredged Orwood Slough and at present the slough is too shallow in several places ...

Excerpt: ...LC; and Affinia Default Services, LLC (collectively, “Defendants”). The Complaint alleges a cause of action for (1) declaratory relief and (2) violation of Cal. Civ. Code § 2924.11. A week later, Plaintiff moved ex parte for a temporary restraining order. The Court heard the Ex Parte Application, granted the TRO, and entered an Order to Show Cause to show why a preliminary injunction should not be granted, enjoining the Trustee's Sale of the...

Excerpt: ...omez and Exenia Guadalupe Garcia Casan, by and through Guardian ad Litem Melisa Casian Gomez (collectively, “Plaintiffs”). The SAC pleads causes of action for (1) vehicle negligence; (2) vicarious governmental liability – employee – Gov. Code § 815.2 & 820; (3) vicarious governmental liability – contractor – Gov. Code § 815.4; (4) negligence; (5) dangerous condition of public property; and (6) wrongful death. Only causes of action (...

Excerpt: ...See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158. CACI Section 1003 sets out the elements of a premises liability claim. A defendant was negligent in the use or maintenance of the property if (1) a condition on the property created an unreasonable risk of harm; (2) the defendant knew or, through the exercise of reasonable care, should have known about it; and (3) the defendant failed to repair the condition, protect against harm from the ...

Excerpt: ...loyee Le'James Riggins, lasting no more than one hour. The Court would then take the matter under submission and issue an order after hearing. The parties should also be prepared to set a briefing schedule on the following issues: (1) whether plaintiff Rose Dixon can be compelled to arbitrate, given defendant Tesla's failure to offer evidence that Ms. Dixon is a party to the arbitration agreement, and; (2) if Ms. Dixon cannot be compelled to arbi...

Excerpt: ...“VSAC”). The Motion is opposed by the plaintiffs (“Plaintiffs”) in this matter. No reply was filed. For the reasons stated below, the Motion is granted. Governing Law Code of Civil Procedure (“CCP”) section 425.16 governs special motions to strike (“anti‐SLAPP” motions). A defendant's anti‐ SLAPP motion may only target claims arising from any act of the defendant in furtherance of the defendant's right of petition or free spee...

Excerpt: ....5 requires a plaintiff to bring her action against a “health care provider based upon such person's alleged professional negligence” within three years after the date of injury or within one year after plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever comes first. See also Gutierrez v. Mofid (1985) 39 Cal.3d 892, 897 (emphasis added) The one year statute of limitations begins to run “when th...

Excerpt: ...sory estoppel; (3) negligent failure to fulfill promise; (4) breach of contract & interference with 3rd party beneficiary contract; (5) negligent misrepresentation in loan modification; (6) fraud; (7) violation of Bus. & Prof. Code § 17200 et seq.; (8) quiet title; and (9) declaratory relief. The Court also notes that Plaintiff's claim for (4) breach of contract & interference with 3rd party beneficiary contract is new in the SAC. This Court pre...

Excerpt: ...ing there appears to be no meaningful difference between Terri and The Heath Company and therefore future references to Terri shall include The Heath Company. Plaintiffs Blair Heath Kenealy (“Blair”) and Holly Heath Fuller (“Holly”) filed a motion to vacate the arbitration award. The Heath Family Partners II, LP (the “Partnership”), has filed a petition to correct or vacate the arbitration award. The Partnership is not a party in this...

Excerpt: ...es to the First Amended Complaint (“FAC”) filed by Plaintiff Ali Rezapour (“Plaintiff” or “Rezapour”). The FAC pleads causes of action for (1) declaratory judgment; (2) statutory violations; (3) unlawful and attempted foreclosure; (4) cancelation of recorded documents; (5) unfair business practices in violation of Bus. & Prof. Code § 17200, et seq.; (6) fraud; and (7) slander of title. Defendants demurrer pursuant to Code of Civil Pr...

Excerpt: ...ations; (3) unlawful and attempted foreclosure; (4) cancelation of recorded documents; (5) unfair business practices in violation of Bus. & Prof. Code § 17200, et seq.; (6) fraud; and (7) slander of title. Defendant demurrers pursuant to Code of Civil Procedure § 430.10(e) to each cause of action. Request for Judicial Notice Defendant requests Judicial Notice of several Contra Costa County Recorder Documents. This Request is unopposed. The Cour...

Excerpt: ...d Negligence are barred by Ohio's applicable statute of repose (Ohio Revised Code 23.5.10), and the cause of action for Negligent Infliction of Emotional Distress is inappropriate and has no merit. (In the Opposition, Plaintiff concedes his cause of action for NIED is subsumed within the Negligence claim.) Standard of Review CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 05/14/18 ‐ 7 ‐ “The motion for summary ...

Excerpt: ...ll file and serve his amended complaint by May 29, 2018. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 15 HEARING DATE: 05/14/18 ‐ 22 ‐ The Court has reviewed Defendants' attorney's declaration and finds that it complies with Code of Civil Procedure §435.5. It is, however, disappointing that Plaintiff's attorney did not take the opportunity to meet and confer. Defendants seek to strike Plaintiff's attorney fees claim on page 3...