Excerpt: ...trance) that no other discovery mechanism really exists. The deposition is not crucial under the three (3) prong test of Carehouse Convalescent Hospital v. Superior Court 143 Cal.App.4th 1558, 1563, citing Spectra Physics vs. Superior Court 198 Cal.App.3rd 1487, 1496. The requirements for a deposition of opposing counsel are: 1. Does the proponent have practical means to obtain the information? 2. Is the information crucial to preparation of the ...

Excerpt: ...cial Notice filed 6/12/20. It takes judicial notice of the fact stated in the Request. First Cause of Action, Negligence This cause of action alleges that CVCHS owed a duty to exercise reasonable care to avoid injuring plaintiff and to prevent B.H. from sexually assaulting plaintiff, based on a special relationship with plaintiff and its knowledge of B.H.'s prior misconduct (¶ 25.a., b.), its duty to maintain its campus in reasonably safe condit...

Excerpt: ...he City's time to answer the remainder of the FAC will run from that time. Preliminary Matters The FAC is unconventional in format. Its first eleven or so pages consist not of numbered paragraphs, but of narrative advocacy (complete with photos) in a manner more consistent with a trial brief or settlement brief. If plaintiff chooses to amend, his counsel should proceed in more conventional format and content. Plaintiff complains that the notice o...

Excerpt: ...ause of action (fiduciary duty), fourth cause of action (common count), fifth cause of action (constructive trust), and sixth cause of action (accounting). The Court does not agree, however, that plaintiff's claims under the Option Agreement, or otherwise pertaining to plaintiff's having or not having an interest in the company, are arbitrable. Further, because plaintiff's claims to establish his interest in the company are the necessary conditio...

Excerpt: ... case as applicable to his remaining claims. The Court is staying those claims and referring them to arbitration, but they nevertheless remain in the complaint at least for purposes of framing the issues for arbitration. Whether he may be entitled to plead or collect punitive damages as to those claims will be for the arbitrator to decide. Attorney Fees The same is true of his prayer for attorney fees. The Option Agreement contains no contractual...

Excerpt: ...ses of action for premises liability and negligence. Accordingly, the motion for summary judgment is denied. Standard “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure § 437c(c).) “[F]rom commencement to conclusion, the party moving for summary judgment bea...

Excerpt: ...It is otherwise overruled. The Complaint Plaintiffs allege that Wu was walking their dog Sophie, a miniature Shetland sheepdog. Defendant Irina Volkov was walking the Volkovs' dog Gus, allegedly trespassing in the common area of plaintiff's homeowner association. Gus attacked Sophie, resulting in severe injuries to Sophie. Plaintiff Yung came rushing out of plaintiffs' house to intervene and was himself bitten and injured by Gus. Plaintiffs alleg...

Excerpt: ... judgment accordingly. Factual Background Plaintiff alleges that she suffered serious physical injuries and emotional distress when she was prevented from attending her father's funeral at Higgins Chapel. Plaintiff is estranged from her family, and alleges that she learned of her father's death and funeral only from reading the obituary. She went to Higgins Chapel with a friend, only to discover that her father's service was in progress. She furt...

Excerpt: ... that at approximately 11:57 p.m. on April 7, 2017, he was walking south on the western edge of Berry Drive in Pacheco when he was struck by a vehicle driven by defendant Roy Jarrard. (TAC ¶ 14.) That portion of the western side of Berry Drive had "a curb, and an apparent sidewalk area that abutted a fence along the eastern edge of Interstate 680." (TAC ¶ 15.) The pathway was "a dangerous condition as it was unpaved, was filled with mud, CONTRA...

Excerpt: ...ent as to PNC (unlike as to Clear Recon, see Line 13), she has not updated her factual allegations to reflect intervening events. For example, the FAC continues to allege that the foreclosure sale is scheduled for November 29, 2019 – but this pleading was filed in April 2020. The FAC gives the Court no information on what has happened since, or whether plaintiff still owns or occupies the property. This demurrer calls for a little more discussi...

Excerpt: ...artinez were drinking to excess at the Hotel Mac with defendant Goshay present. Later, the three returned to Hill and Goshay's home. Plaintiff joined the three at Hill and Goshay's home after being invited over. Within a half an hour, Martinez became ill and was taken to a separate bedroom by Hill and Goshay. “Despite defendant Hill and Goshay's knowledge that Martinez had a history of violence after consuming alcohol, and without warning Plain...

Excerpt: ...em, Tracy Clark). The TAC alleges claims for negligence and premises liability. For the following reasons, the unopposed MSJ to the TAC is granted. Classic should submit a judgment accordingly. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cann...

Excerpt: ... means Mr. Bridges, and “plaintiffs” means both him and his wife.) In addition, B&C was sued for equitable indemnity, contribution and declaratory relief by Blocka Construction. B&C has filed this motion for summary judgment seeking judgment in its favor for both the complaint and cross‐complaint, arguing that B&C was not negligent. Plaintiffs have opposed this motion, though Blocka Construction did not. (Blocka has since settled with CONTR...

Excerpt: ... parties' contract, but exercises its discretion to stay the action under Code of Civil Procedure § 410.30. The issue of arbitration is left to a Washington forum. Facts Plaintiffs Wang Brothers Investments LLC and Kai‐Wei Wang filed suit against Directing Lending and Fiuzi alleging a single cause of action for declaratory relief. They seek a declaration that defendants are not entitled to recover a $160,000 commission for their services in lo...

Excerpt: ...OURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/21/20 ‐ 6 ‐ I. Factual Background Plaintiff and defendant were formerly a couple, though never married. They have a child in common, a daughter who is now an adult. In 1998, when the daughter was still an infant, the parties cooperated to purchase the property at issue – 10 Osborne Way, in Danville – to provide a place for defendant and the daughter to live in. Plaintiff paid the d...

Excerpt: ...interrogatories seeking the bases for the affirmative defenses. 1 Weil & Brown, Civil Procedure Before Trial § 7.35.1 (Rutter Group 2018). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/21/20 ‐ 41 ‐ As for demurrers to answers – really? Chafetz, Civil Law and Motion Practice in Contra Costa County, Contra Costa Lawyer, November 2018, p. 33. The Court respectfully questions whether this demurrer is a good u...

Excerpt: ...f action (negligent misrepresentation). It is sustained with leave to amend as to all other causes of action. The Marra trustees may serve and file a first amended cross‐complaint by September 18. If they elect not to do so, the Horvaths' time to answer as to the surviving cause of action will run from that date. In light of this ruling and the upcoming summary judgment motion of plaintiff, the CMC now set for next Wednesday is continued to Nov...

Excerpt: ...d prepare and present a separate judgment. Opening Procedural Notes The Court notes with disapproval plaintiff's express refusal to meet and confer as required by statute. Given the result here and the minimal chances that any meet‐and‐confer would have been fruitful, however, the Court makes no more of the issue at this point. The Court also notes that although it had previously admonished plaintiff (himself a retired attorney) as to the ina...

Excerpt: ...ry law firm. In June 2019 that firm was joined by the Bauman firm (plaintiff's present counsel) by association of counsel, and the Bauman firm substituted in as sole counsel in August 2019. It was throughout this time period that defendant was seeking fruitlessly to obtain written discovery responses from plaintiff. The record reflects a long series of meet‐and‐confer efforts, in which defense counsel was asking for responses to previously se...

Excerpt: ...ees with the City on certain others. This ruling lays out the Court's views on the points of dispute. Whether an actual writ will be necessary, however, remains to be seen. The Court accordingly sets this motion over to September 4, 2020, at 10:00 a.m., for further review as to the state of compliance, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/31/20 ‐ 21 ‐ noncompliance, or continued disagreement as to p...

Excerpt: ...cated at 1751 Diane Court in Concord. Plaintiffs signed a lease on or about May 11, 2013, but allege that they resided at the property since from about July 1, 2011, until their eviction in September 2016. Guo Min Li and Minghao Zhong were the owners of the apartment building during most of Plaintiffs' tenancy. Defendant Seek Investments, LLC purchased the apartment building on about June 10, 2015. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...

Excerpt: ...pose. The trial court's prior judgment was entered after Groth's motion for summary adjudication was granted on his breach of contract cause of action, followed by a bench trial on the remaining causes of action. It was then reversed on appeal last November. I. Motion for Restitution The Gilads argue that they opted to pay Groth pursuant to a judgment that should not have been entered, and accordingly they are entitled to the return of their mone...

Excerpt: ...ured in two separate, otherwise unrelated auto accidents. The first occurred on May 10, 2018, in San Joaquin County. Defendant Vasquez, an employee of Advanced, was the other driver. The second accident occurred on May 7, 2019, in Contra Costa County. Defendant Antonio was the other driver. Guzman alleges that each of Vazquez and Antonio was negligent in their respective accidents. His complaint is very scanty in describing his injuries, but the ...

Excerpt: ...tion. Plaintiff may file and serve a second amended complaint by August 21. If she chooses not to do so, defendant's time to answer the surviving part of the FAC will run from then. Meet and Confer The Court stated on the prior demurrer that it was not satisfied with the attorneys' efforts to meet and confer. The Court remains unsatisfied this time around. Both sides' briefs reflect that inadequate dialog occurred about the subjects in this demur...

Excerpt: ...led late due to mistake on plaintiff's counsel's part, counsel has represented that the opposition brief was timely served. Defendants raise no objections on this basis and the Court has considered the opposition on its merits. A court assessing a demurrer accepts as true the facts pleaded in the complaint, but rejects contentions, deductions and conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Aubry v. Tri‐City Hospital ...