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Location: Contra Costa x
Judge: Goode, Barry P x
2018.5.3 Motion to Quash Service of Summons 235
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.5.3
Excerpt: ...l jurisdiction over Praza. The only question is whether specific jurisdiction exists. The United States Supreme Court most recently said, In order for a state court to exercise specific jurisdiction, “the suit” must “aris[e] out of or relat[e] to the defendant's contacts with the forum.” Id., at ___, 134 S. Ct. 746, 187 L. Ed. 2d 624, 633 (internal quotation marks omitted; emphasis added); see Burger King Corp. v. Rudzewicz, 471 U. S. 462...
2018.5.3 Motion for Preliminary Approval of Class Action Settlement 568
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.5.3
Excerpt: ...ecise. Please be prepared to address more specifically the following questions: a) What records did counsel examine? b) What analysis did counsel performed on them? c) What is the basis for saying “discovery conducted by Plaintiff did not bear out a high violation rate” (p.20)? d) How much were the maximum damages exclusive of penalties? e) How much was the maximum amount of penalties? f) Were all of the members of the class subject to arbitr...
2018.4.26 Motion to Dismiss 815
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.26
Excerpt: ...k of personal jurisdiction. It did make a motion to dismiss Eaves 1 for forum non conveniens. After discovery and a second round of briefing, the Court denied that motion on October 20, 2016. Shell made no such motion in Eaves 2. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 17 HEARING DATE: 04/26/18 ‐ 2 ‐ Shell answered Eaves 1 on October 27, 2016 and Eaves 2 on May 30, 2017. In doing so, it entered a general appearance. By en...
2018.4.24 Motion to Compel Arbitration 656
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.24
Excerpt: ...court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means ex...
2018.4.19 Motion for Leave to File Complaint 941
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...awford decision does not hold otherwise. That decision addressed “issues concerning the contractual duty to defend in a noninsurance context [italics in original].” (Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, 547.) Footnote 12 of the decision states that the issue of contractual liability for defense costs, as raised in a general contractor's cross‐complaints against subcontractors during construction litigation that has n...
2018.4.19 Motion for Leave to File 550
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...The Crawford decision does not hold otherwise. That decision addressed “issues concerning the contractual duty to defend in a noninsurance context [italics in original].” (Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, 547.) Footnote 12 of the decision states that the issue of contractual liability for defense costs, as raised in a general contractor's cross‐complaints against subcontractors during construction litigation that...
2018.4.19 Motion for Leave to File Complaint 138
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...ld otherwise. That decision addressed “issues concerning the contractual duty to defend in a noninsurance context [italics in original].” (Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, 547.) Footnote 12 of the decision states that the issue of contractual liability for defense costs, as raised in a general contractor's cross‐complaints against subcontractors during construction litigation that has not been concluded, may be d...
2018.4.19 Demurrer 766
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...e addressed at the same time in the motions and demurrers. The defendants raise several arguments in their demurrer. First, defendants argue that plaintiff lacks standing. “In general terms, in order to have standing, the plaintiff must be able to allege injury—that is, some ‘invasion of the plaintiff's legally protected interests.' (5 Witkin, Cal. Procedure (4th ed. 1997) Pleading, § 862, p. 320; see Code Civ. Proc., § 367 [‘Every ...
2018.4.19 Motion for Reconsideration 517
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. In addition, “[a] party seeking reconsideration also must provide a satis...
2018.4.19 Motion for Summary Adjudication 518
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ... heirs, as well as heirs making individual claims. In this motion, Defendants Synthes, Inc. and Norian Corporation seek summary adjudication of plaintiffs' claims for elder abuse, violation of the Unfair Competition Law (UCL), conspiracy, and negligence per se, as well as plaintiffs' plea for attorney's fees. II. Motions for Summary Adjudication A. Standards on Summary Judgment/Adjudication A motion for summary judgment/adjudication “shall be g...
2018.4.19 Motion to Bifurcate 518
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...sses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” Here, the principal arguments for bifurcating the issue of causation are (a) economy and efficiency, and (b) the ends of justice. Typically, when considering economy and efficiency, the Court is best informed by a detailed showing of how bifurcation will save trial time; viz. a list of which witnesses will testify in a bifurcated tria...
2018.4.19 Motion to Dismiss or Compel 112
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...�litigation procedures apply to each of the homes, and no opposition has been presented on that point. The motion does not provide the Court with a sense of how long the pre‐litigation process will take. The Court sets a case management conference for July 16, 2018, at 8:30 a.m. On or before July 11, 2018, the parties shall file a joint case management statement (a manuscript statement; do not use the Judicial Council form). That case managemen...
2018.4.19 Motion to Strike 766
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.19
Excerpt: ...ief of no more than 10 pages and any additional evidence on or before June 28. Defendants may each file and serve a supplemental brief of no more than 10 pages and any additional evidence on or before July 12, 2018. Thereafter the Court will hold a hearing on whether plaintiff has shown a probability of prevailing on the merits of its claims against the defendants. Plaintiff sued various defendants, including attorneys Mark Lapham and Owen Mascot...
2018.4.12 Motion for Class Certification 486
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.12
Excerpt: ...s facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Rule 2.550(d). In addition, the mot...
2018.4.12 Motion for Attorney Fees 426
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.4.12
Excerpt: ...'s motion for attorney fees for the special motion to strike filed against the Original Complaint; (2) 7 Stars Holistic Foundation, Inc. and Zeaad Handoush's motion for attorney fees for both its special motions to strike; (3) Antwon Cloird's motion for attorney fees for the special motion to strike the Original Complaint and (4) Richmond Patient's Group, William Koziol, Darrin Parle, Alexis Parle, and Cesar Zepeda's motion for attorney fees for ...
2018.3.29 Motion for Attorney Fees 013
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.3.29
Excerpt: ...ion alleged that defendant Universe Ventures owed plaintiff CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 17 HEARING DATE: 03/29/18 ‐ 2 ‐ the amount of $18,006.65. Defendant cross‐complained for quiet title – that is, to extinguish the mechanic's lien. The case came to bench trial on December 18, 2017. Plaintiff's attorney was at the trial, but plaintiff itself failed to appear. Not surprisingly, the result was a complete v...
2018.3.1 Motion to Compel Arbitration 996
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.3.1
Excerpt: ...here there is more than one appellate court decision, and such appellate decisions are in conflict,” the inferior tribunal “can and must make a choice between the conflicting decisions.”). WCA2 contends the Court ought to follow the Fifth District Court of Appeal's decision in Esparza v. KS Indus., L.P. (2017) 13 Cal.App.5th 1228 (“Esparza”). Opposing the Motion, plaintiff Landen Ely (“Ely”) contends the Court ought to follow the Fo...
2018.3.1 Motion for Attorneys' Fees 426
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.3.1
Excerpt: ...ce set for April 17, 2018 is off calendar. It appears that none of the parties are arguing that the fee motions should be stayed pending the appeal by 7 Stars Holistic Foundation, Inc. and Zeaad Handoush. If any party plans to argue that one or more of the pending attorneys' fees motions should be stayed pending appeal that party shall file and serve a motion to stay on or before March 16, 2018. The hearing on any such motion shall be on April 12...
2018.2.22 Motion to Vacate Dismissal 827
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.22
Excerpt: ...e, or neglect” caused him to fail to respond to the Order to Show Cause that resulted in the dismissal of the case. Indeed, the declaration neither uses the words “mistake,” “inadvertence,” “surprise” or “neglect;” nor does it express any thoughts that could be construed as any of those things. ...
2018.2.22 Motion for Entry of Judgment 517
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.22
Excerpt: ...Bulleri”) and defendant Dominator, Inc. (“Dominator”) entered into a contract whereby Dominator was to restore the Polara. Needless to say, a dispute arose, the details of which it is not necessary to recount here. Vencill Mediation and Decision Following protracted litigation, the parties mediated this matter before William C. Vencill. The parties had stipulated that Mr. Vencill's determination would be a final resolution of this dispute; ...
2018.2.1 Petition to Compel Arbitration, Stay Proceedings 820
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.1
Excerpt: ...ling order in the near future. The parties, as well as support staff involved in e‐filing, are urged to review that order carefully and abide by its terms. The Court considers that to rule on the petition to compel arbitration (the “Petition”) brought by defendant TWC Dealer Group, Inc. (“TWC”), it must first understand the precise nature of the claims brought and relief requested by plaintiff Shannon Hamrick (“Hamrick”). Therefore,...
2018.2.1 Motion to Set Aside Dismissal and Entry of Judgment 156
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.1
Excerpt: ...y an order of the Court. Three, plaintiff has failed to file a proof of service showing that defendants were given notice of this hearing. Four, even if the foregoing were not true, the case is more than five years old and was never reduced to judgment. The Court would dismiss it under the five year statute. ...
2018.2.1 Motion for Offset from Judgment 689
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.2.1
Excerpt: ... prevailed based on her statute of limitations defense. A judgment, representing Redig's fees and costs, was entered on that cause of action. However, it is important to remember here the procedural history of the case. The Kizors had sued Redig on both fraud and breach of contract theories. The breach of contract theory had been removed from the case on demurrer, well before the fraud cause of action was tried. Following the judgment on the frau...
2018.1.25 Motion for Summary Judgment 656
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.25
Excerpt: ...only once. Due to the volume of material the parties have filed in connection with these motions, for clarity's sake, the particular motion(s) the analysis and disposition governs will be identified by the date and time of the motion's filing. Indemnity and Labor Code section 2860 (Pertains to AAA NCNU's motion filed at 10:11 a.m. on May 13, 2016 and the class's motion filed at 3:35 p.m. on May 13, 2016.) Both of the motions this tentative ruling...
2018.1.4 Motion to Compel Production of Docs, Further Responses 051
Location: Contra Costa
Judge: Goode, Barry P
Hearing Date: 2018.1.4
Excerpt: ...n if the Court were to consider the burden request now, a cost of $1,200 is not particularly burdensome. The electronic records shall be produced. However, it appears that the burden with regard to the paper records may be extreme. The parties shall meet and confer prior to the hearing to determine if a sample of those records would be sufficient. The Balboa location. Defendant shall respond to discovery concerning the Balboa location. The statut...

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