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: ..., and 5-10, as discussed below. Both motions to strike punitive damages are granted. Plaintiff may file and serve an amended complaint by October 16, 2023. l. Factual Background Plaintiff, June Sunday, alleges that since approximately June 2016 she resided in an apartment owned and/or managed by defendants Creekside and FPI. (Complaint, "13-14, 27-28.) Sometime around February 2020, plaintiff noticed bed bugs at the apartment and immediately noti...

Excerpt: ...ARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 10/04/2023 store located at 560 contra costa Boulevard, in Pleasant Hill, California. As to the facts underlying the causes of action, the FAC indicates that on September 16, 2018, Plaintiff Marnie Carter slipped and fell at the above Target location "as a result of negligently maintained premises with dangerous conditions, despite constructve and/or actual not...

Excerpt: ... order mandating a mental examinaton. The purpose of the examination was to explore plaintiff's claims for severe emotional distress. Following the order, this court granted summary adjudication as to plaintiff's claims for wrongful terminaton. It is not clear that plaintiff is still pursuing claims for severe emotional distress with respect to the two causes of action remaining, i.e., the 10th cause of action for violation of the Confidentiality...

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...

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: ...graph 71 that states "then attempt to blame Cross-complainants for their decision to live in filth" are stricken; the motion is otherwise denied. Background This dispute arises out of a lease of a residential property in Pittsburg to Plaintiffs and CrossDefendants (the "Tenants" for convenience). (X-Compl. 8 (p. 2, II. 13-15), 1, 2.) On April 24, 2023, the Tenants filed a complaint alleging, among other claims, tortious breach and contractual bre...

Excerpt: ... had failed to prov-de plaintiff with notice of the hearing date. Now that the defendant has properly alerted plaintiff to the hearing date, defendant cannot complain about plaintiff opposing the moton. The court will consider plaintiff's properly filed opposition. The court also continued the motion so that defense counsel could attempt to properly comply with CRC 2.550. For example, the Court asked defense counsel to provide a declaration which...

Excerpt: ...which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint." (Code Civil Procedure S 426.10 (c).) "A moton to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake o...

Excerpt: ...r the following reasons, the is sustained, with leave to amend. 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. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2(m) 42 Cal.4th 531, 550 ("Doe")), but the plaintiff must set forth the essential facts of his o...

Excerpt: ...tradeline on his credit report in September 2020, Plaintiff Terrence Brewer filed his original complaint on April 30, 2021. That complaint contained six causes of action brought under the Investigative Consumer Reporting Agencies Act (Civ. Code S 1786 et seq.) ("ICRAA") and the Consumer Credit Reporting Agencies Act (ld., S 1785.1 et seq.) ("CCRAA"). On August 18, 2022, Experian filed a Motion for Judgment on the Pleadings as to all six causes of...

Excerpt: ...all serve and file notice of entry of order. Plaintiffs have 30 days from written notce of entry in which to amend. Defendants have 30 days from service of an amended complaint in which to respond. Background and Allegations Plaintiffs Kenneth Angley and Shirley Angley filed this medical malpractice action on January 26, 2023. Plaintiff Kenneth Angley suffered a stroke on April 26, 2022 after which he presented to John Muir Medical Center for tre...

Excerpt: ...nt contends that the SAC fails to allege facts sufficient to support each case of action (CCP S 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP S 431.10(f).) Defendant's Request for Judicial Notce is granted. (Cal. Evid. Code S 452 Plaintiff filed an "Opposition to Defendant's Reply to Opposition to Demurrer to SAC" on September 5, 2023. No 'sur-reply' was authorized by the Court. Further, Plaintiff cites no authority...

Excerpt: ... reasonable and necessary. As outlined the Court will reduce the fees by $28mo, awarding National fees in the amount of $123,621.50. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 The Court finds that National's time entries reflect duplicative and/or excessive billing with respect to the preparation of the demurrers and reviewing the complaints....

Excerpt: ...otion for summary judgment, or in the alternative, summary adjudication is continued to a.m. on September 20, 2023 #nding the filing of the FACC in accordance with this ruling. Background LH Concord Property, LLC and Andy Lin filed their original cross-complaint against Carlos and Susan Echegaray alleging causes of achon for declaratory relief, indemnification based on equitable indemnity, and apportionment of fault. Cross-defendants the Echegara...

Excerpt: ... Ramon was destroyed by a fire in December 2020. Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy that insured the residence for loss caused by fire. Plaintiffs mcwe for an order compelling Safeco to participate in an SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 insurance appraisal to establish the value of t...

Excerpt: ...ing of any such 'sur-reply'. As such, the Court will not consider Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 additional, unauthorized filing. Defendant's Motion to Strike is granted. Factual Allegations See discussion line 2. Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of moton...

Excerpt: ...4 to 2023. Plaintiffs have sued Defendants for (1) negligence, (2) wrongful eviction, (3) premises liability, (4) breach of the implied covenant of quiet use and enjoyment, (5) intentional infliction of emotional distress and (6) retaliation. The complaint alleges that Defendants failed to maintain the property in a habitable condition and failed to make repairs after Plaintiffs requested them. (Comp. 11 and 12.) he complaint also alleges that De...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508- 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/30/2023 Plaintiffs Jorgen Vindum and Carolyn Vindum as Trustees of the Vindum Family Trust ("Vindums" or "Plaintiffs") allege their residence in San Ramon was destroyed by a fire in December 2020. (Proposed Second Amended Complaint ("2AC") "1 1, 10, 14, 16.) Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy t...

Excerpt: ...ylvia Dudum FLP ("Dudum FLP") as owner and Kissane Company, Inc. as prime contractor for a commercial mixed-use development known as the "Clocktower Project" at a property located in Danville. (FACC 8, 9.) In their FACC, Cross-complainants Dudum FLP and Jack Dudum allege a seventh cause of action against cross-defendant Sean Joy for defamation. Joy generally demurs to that cause of action. Standards Governing Demurrer In ruling on the demurrer, t...

Excerpt: .... Plaintiff alleges that there were conflicts of interest between Plaintiff and Beverly and that Defendant continued to represent both of them. Defendant brings this motion to strike the requests for emotional distress and punitive damages that are sought in connection with the breach of fiduciary cause of action. (Comp. "19, 20.) The acts alleged to constitute a breach of fiduciary duty are (1) defendant prepared a document to amend an irrevocab...

Excerpt: ...en ("the Milways") for declaratory relief (causes of achon one, two and three) and nuisance (causes of action four and five). The three declaratory relief claims seek declarations regarding different property disputes: (1) the boundary line between 1000 Homestead and 20 Alwin Road properties, (2) ownership of the 28Ft wide strip that consttutes Alwin Road and (3) whether the Milways can quiet title on the 11 ft easement located on 1000 Homestead....

Excerpt: ...vek Bansal MD, Inc. from approximately SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/16/2023 2016 through 2018. (Amended Separate Statement of Material Fact in Support of Plaintiff's Motion, hereinafter "Plaintiff's SSUMF," Fact No. 1, and defendants' response.) Defendant Vivek Bansal is the sole owner and CEO of defendant Vivek Bansal M.D., Inc. (Plain...

Excerpt: ...gust 18, 2023. Factual and Procedural Background This matter pertains to a meeting (the "Midnight Meeting") that occurred in the wee hours of August 3, 2018 when Defendant David Marcotte called a family meeting to execute a series of documents pertaining to the family business ("RJMLLC"), which was formed by the Parties' father Rene J. Marcotte ("Decedent"). The alleged purpose of the meeting related to a tax saving strategy that was designed to ...

Excerpt: ...21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/09/2023 breach of governing documents; (2) breach of fiduciary duties; and (3) declaratory relief. For the following reasons, the MSJ is granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the ca...

Excerpt: ...ntiff. There are a number of pleadings filed in this case, including another complaint which was consolidated with this action, as well as a number of cross-complaints. Only the pleadings relevant to the current Mohon will be discussed. Plaintiff filed her initial Complaint on December 9, 2021, naming Defendants Decker Bullock Dreyfus, Inc. (dba Golden Gate Sotheby's International Realty, Inc.) and William Leone ("Defendants"). The Defendants wer...

Excerpt: ... Pursuant to Code of Civ-l Procedure 5654.6 ("Motion"). For the following reasons, Plaintiffs' Motion is granted. Procedural Background This matter relates to a construction defect action involving the owners of eight homes in Pittsburg, California. Plaintiffs sued the builders and general contractor of their homes consisting of several entities, including Seecon Built Homes, Inc., Albert D. Seeno Constructon Co., Inc., Cyrus Land Investments, LL...

Excerpt: ...r being sought (Code Civ. Proc., S 1010; Cal. Rules of Court, rule 3.1110(a)), and courts generally may consider only the grounds stated in the notice of motion [Citation.]" (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) In addition, when bringing for summary adjudication "the specific cause of action, aft-mat-ive defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim,...