Excerpt: ...ARTMENT 21 (925)608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/13/2023 Plaintiff James Grimes worked for westcat since approximately October 2009. (UMF 1.) Effective February 14, 2022, WestCat implemented a COVID-19 Vaccination Policy (the "Policy") that required all WestCat employees to either: (1) provide a medical or religious exemption to the COVID-19 vaccination requirement ("Exemption Form") by February 28, 2022; or (2) provide p...

Excerpt: ...ung, filed suit as a qui tam plaintiff, alleging violations of the California False Claims Act (also "CFCA") and violations of the unfair Competition Law. After an initial demurrer was sustained, she filed the FAC, abandoning the LICL claim and only alleging false claims. On behalf of the City of Walnut Creek and the State of California (collectively, "Government Plaintiffs"), plaintiff alleges defendants "knowingly concealed and decreased their ...

Excerpt: ...general demurrer to the first cause of action for failure to state facts suffcient to state that causes of action against Duggan — sustained, without leave to amend; and (c) Duggan's general demurrers to second, third and fourth causes of action and Districts general demurrers to all causes of action for failure to state facts sufficient to state those causes of action - overruled. Background Plaintiff began her employment with defendant San Ra...

Excerpt: ...s shall file their first amended general denial by no later than December 15, 2023. Background This case involves a neighbor dispute over the removal of plants along a fence between Plaintiffs' and Defendants' residences. Plaintiffs Shannon Coccimiglio and Nicholas Coccimiglio ("Coccimiglios") filed a complaint for trespass and other relief against James Watt and Kathryn Watt ("Watts") on May 4, 2022. The Watts filed an answer consisting of a gen...

Excerpt: ...ovenant of Good Faith and Fair Dealing; (5) Breach of Fiduciary Duty; (6) Negligence; (7) Negligent Misrepresentation; (8) False Promise; (9) Rescission of Contract; (10) Violation of Bus. & Prof. Code S 17200 et seq.; (11) Quantum Meruit — For Work, Labor and Services; (12) Quantum Meruit— For Money Due on an Open Book Account; and (13) Account Stated. M&S, Inc. demurrers to each of the nine causes of action alleged against it (all except Co...

Excerpt: ...ration in support of the motion that addresses the requirements of California Rule of Court Rule 3.1324(b). Plaintiffs may, but are not required to, file a response to Defendants' supplemental pleading by December 1, 2023. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/22/2023 This case involves a neighbor dispute over the removal of plants an...

Excerpt: ...ckground On May 31, 2023, Plaintiff filed her Complaint for Breach of Contract, Negligence, Unfair Competition, and Negligent Misrepresentation against Defendant Golden State Inspections, Inc. Plaintiff asserts that she and Defendant entered into a written contract in 2017, whereby Plaintiff paid Defendant to inspect the real property to determine whether any material defects existed or needed further investigation prior to Plaintiff's purchase o...

Excerpt: ...ary 23, 2023 indicates that Defendant Barret Burkett was personally served on February 17, 2023. On March 23, 2023, Plaintiff requested entry of default, which was entered that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 same date. on April 12, 2023, Plaintiff filed a request for court judgment. The prove-up hearing on the motion was scheduled...

Excerpt: ...ek (Sued as Doe 41) ("Defendant" or "Kubitschek")'s Motion to Quash Service of Summons and Complaint ("Motion"). The Motion is opposed by Plaintiff Christopher T. Willis ("Plaintiff' or "Willis"). For the followng reasons, Defendant's Motion is denied. Factual Allegations and Procedural History Plaintiff is the owner of real property located at 113 Canon Drive, Orinda, California. (Willis Decl. 93.) Plaintiff originally purchased the lot in 2010....

Excerpt: ...aintiff's Additional Material Facts in Dispute and Supporting Evidence ("AMF") 1.) Plaintiff hit an "old style" upside down gate pot lid owned by Defendant East Bay Municipal utility District (EBMUD). (AMF 3.) A gate pot lid provides access to gate valves under the street. (AMF 5.) An "old school" or "old style" gate pot lid is a solid metal gate pot lid that cannot be secured in place with a screw as newer utility covers can. (AMF 6, 33.) Plaint...

Excerpt: ...nd defendant Erick Chavez entered into a written joint venture agreement ("JV Agreement") on 26, 2018, pursuant to which defendant was to propose which property to purchase and was to provide plaintiff with a full written analysis of each property that his company to purchase. (Separate Statement of undisputed Material Facts, "SSUMF," Fact Nos. 1-2.) Defendant was to coordinate "including, but not limited to, handling everything except providing ...

Excerpt: ...CIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 briefing on the exhaustion of administrative remedies issues as follows: A. By no later than 2:00 p.m. on November 22, 2023, Plaintiff shall file and serve a supplemental brief addressing the following issues: Issue One: Why the Court should not find that Plaintiffs claims against Chief John Duggan are barred based on Plaintiffs naming Duggan as a defendant in her first amended complaint filed ...

Excerpt: ...nt to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend as to the causes of action for motor vehicle negligence and products liability and without leave to amend as to the cause of action for general negligence. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (20...

Excerpt: ...rack" based on the conservatorship filings submitted by Plaintiff) alleges a single cause of action for negligent hiring, training, and supervision against Monte Nido, a residential care facility. (FAC 2.) Plaintiff was diagnosed with bi-polar disorder and bulimia and was admitted to Monte Nido on June 21, 2021 for further treatment of her condition. (FAC "1 6, 7.) She alleges Monte Nido was provided a "clinical packet" including information abou...

Excerpt: ...2(d).) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/08/2023 For the following reasons, the MS] is granted. Factual Background The Complaint alleges that Plaintiff was injured on December 19, 2019 due to a traffic accident that occurred in Antic„ch, California. Defendant Michelle Palacios is alleged to have been driving the car owned by Defendant Alex...

Excerpt: ...er 20, 2023. I. Factual Background Plaintiffs, Rani Devi and Ritesh Kamal, allege they checked in at Extended Stay America, a hotel owned and operated by defendants, on or about September 13, 2020, and on or about September 14, they began experiencing an itching sensation. (Complaint, "5- 7, 15-16.) Plaintiff Devi soon began to develop a rash which they later discovered was due to a bedbug infestation in their hotel room, which plaintiffs reporte...

Excerpt: ...judgment of Claim One as to defendant Cen Cal Insurance Services, LLC, denied; motion for summary adjudication of Issue One as to Cen Cal Insurance Services, LLC is granted; motion for summary judgment of Claim Two and moton for summary adjudication of Issues Two and Three as to defendant Zuman Acquisition, LLC are denied. Background Plaintiff Plaza San Ramon LLC ("Lessor" or "Plaza") is the lessor of commercial real property in San Ramon by an a...

Excerpt: ...confusion) alleges 26 causes of action against approximately 23 defendants in her 5AC. NAT is named as defendant "Doe 2." The targets of Plaintiffs claims include her former spouse Laurence Alamillo ("Larry"), the family company Alamillo Rebar, Inc. ("ARI") in which Janice and Larry jointly hold an approximate 53% interest through their family trust, other of the Alamillo family who are owners, officers and/or directors of ARI, another officer of...

Excerpt: ...djudication. The anti-SLAPP special moton to strike is denied. The motion for judgment on the pleadings is construed as a demurrer to the cross-complaint and, so construed, is granted with leave to amend. Defendants shall file and serve any amended crosscomplaint by November 13, 2023. I Background Plaintiff (also referred to as "Giuffrida"), a surgeon, previously worked for defendants, Vivek Bansal, MD, and Vivek Bansal MO, INC. (collectively "de...

Excerpt: ...ying the motion said that any future motion should address defendant's claim that the proposed causes of action are inappropriately based on privileged information that Plaintiff is precluded from using in this litigation. Plaintiff filed this renewed motion on August 25, 2023. Defendant Northgate filed an opposition on October 4, 2023 in which it argued, among other things, that: (1) Plaintiff omitted privileged Exhibits 15 and 31 from the propo...

Excerpt: ...tter on June 5, 2023. It set forth fourteen causes of action against defendants George and Bellerny Raygoza. On August 11, 2023, Defendants filed their Joint Answer to unverified Complaint consisting of a general denial as well as forty-five affirmative defenses. Plaintiff filed the instant demurrer to the Answer, demurring to forty-three of those affrmative defenses. The two not demurred to are the affirmative defenses for: statute of limitation...

Excerpt: ...on 1). Plaintiff also sued Rollamatc for the failure to prevent harassment / hostile work environment, retaliation (FEHA and Labor Code sections 1102.5 and 6130) and wrongful terminaton (causes of action 2-6.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 10/11/2023 Defendants demur to causes of action 1, 2, 3, 4 and 6 based on the failure to allege facts sufficient to s...

Excerpt: ...e was injured when she tripped and fell on an uneven sidewalk near the entrance to 950 Moraga Road Shopping Center. Laura Murphy sued 960 Moraga Rd., LLC and Cardoza Properties, Inc. for premises liability and sued the City of Lafayette for dangerous condition of public property. Kevin Murphy sued for loss of consortum. 960 Moraga Rd., LLC and Cardoza Properties, Inc. filed a cross-complaint against the City of Lafayette and Old Firehouse School ...

Excerpt: ...of wages; (4) breach of fiduciary duty; and (5) negligence. Request for Summary Judgment or, in the alternative Summary Adjudication Defendant seeks an order granting summary judgment, claiming that all five causes of action are barred under one of two theories: (1) Plaintiffs' failure to exhaust administrative remedies and/or timely presenting a tort claim before filing suit, or (2) because "the City's Minimum Employer Contribution is properly i...

Excerpt: ...FFICER: JILL C FANNIN HEARING DATE: 10/04/2023 October 13, 2023. Factual and Procedural Background This matter relates to injuries sustained by Plaintiff Thomas Quinlavin on or about June 8, 2021 while using a bicycle purchased from Amazon.com, which he contends was defective. The Complaint was filed on March 18, 2022 and sets forth two causes of action: (1) products liability and (2) loss of consortium. The products liability cause of action pur...