Excerpt: ...4.) A court must order arbitration if it determines that a valid agreement to arbitrate exists. Here, such agreement exists, as discussed below. Background This lawsuit was filed by plaintiff, Katherine Betz, who is a registered nurse who was employed by defendants from 2006 until 2021. The complaint alleges four causes of action: (1) Retaliation in Violation of Health & Saf. Code § 1278.5, (2) Retaliation in Violation of Cal. Labor Code § 1102...

Excerpt: ...cause of action included in this case. Plaintiff sued Defendant for premises liability. Plaintiff was injured when he entered the Goodwill location while a couch was being moved. Plaintiff somehow connected with the couch or the dolly being used to move the couch and was injured in the process. Defendant is moving for summary judgment, arguing that the dangerous condition was open and obvious and thus, it was not foreseeable that Plaintiff would ...

Excerpt: ...��) Nos. 7, 14‐18, 21‐26, 29, 33, 36; Plaintiff's Additional Fact (“PAF”) Nos. 2‐5, 7‐14.) Background Plaintiff argues he was promised he would be given, and, in part, had already been given, an ownership interest in one of defendant Stephen Sutta's companies, but was never given the share certificates evidencing that interest and did not know that he would never receive the remaining ownership interest or any of the share certificate...

Excerpt: ...und This is a wrongful death and elder abuse case. Plaintiffs Brenda Roberts and Terri West are the daughters of decedent Ardist West, Sr., who died on March 4, 2019. Plaintiffs have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/05/22 ‐ 2 ‐ reached a tentative settlement with Defendants. Ms. Lowanda West‐Brown, also a surviving daughter of Mr. Ardist West, Sr., is named a nominal defendant in this action. ...

Excerpt: ...Civil Procedure § 430.10(c).) The primary rights theory is applied to determine whether claims involve the same cause of action. (Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384.) Under this theory, “the determinative factor is the harm suffered. When two actions involving the same parties seek compensation for the same harm, they generally involve the same primary right.” (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 798...

Excerpt: ...te the facts only briefly here. Plaintiff Annie Ko's husband, Peter Chong, died on September 2, 2018, following bleeding and complications from a tonsil biopsy performed by a private physician, Dr. Joel Ross, on August 31, 2018. Ko did not file this wrongful death lawsuit until two years later, on September 2, 2020, even though the statute of limitations on a claim for medical malpractice is one year “after the plaintiff discovers, or through t...

Excerpt: ...o, LLC, Plaintiff JFP‐AG/Longview, LLC, and Plaintiff JFP‐AG/Carthage, LLC (collectively, “Plaintiffs”)'s Verified Amended Complaint (“VAC”) for declaratory relief and contract reformation. Defendant demurs to Plaintiffs' cause of action for declaratory relief and two causes of action for contract reformation pursuant to Code of Civil Procedure (“CCP”) § 430.10 subsections (e), (d), and (f) on several grounds. As a threshold issu...

Excerpt: ...nants Thomas Milway and Megan Hansen sued Cross‐Defendants Charles and Sherry Wilcoxsons for declaratory relief (cause of action one) and quiet title (cause of action three). The remaining causes of action included in the second amended cross‐ complaint were brought against Henry and Anne Bailey and those claims have been ordered to arbitration. The notice of motion lists seven issues for summary adjudication. The issues include: 1) Cross‐C...

Excerpt: ...misrepresentation, as stated in plaintiff's Fifth Amended Complaint (“5AC”), filed on June 28, 2021. Defendants' MJOP is granted without leave to amend. Plaintiff still has two surviving causes of action, and the parties should be prepared to set a trial date at the next Case Management Conference on January 28, 2022. The Court previously granted defendants' MJOP as to the fraud and negligent misrepresentation causes of action in the Fourth A...

Excerpt: ...gment of dismissal, separate from any formal order on the demurrer, and shall submit that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/29/21 ‐ 18 ‐ proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. HAMP. Plaintiff's claims depend primarily on the legal conclusions alleged in paragraph 17 of the First Amended Complaint. Plaintiff here alleges that defe...

Excerpt: ...ank Trust National Association (“U.S. Bank”) (collectively, “Defendants”). Plaintiffs' motion to consolidate is denied. However, the unlawful detainer action is hereby stayed, subject to the conditions set forth below. Analysis Consolidation The Court of Appeal has held in pertinent part as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in ...

Excerpt: ...l determination in this action, Thomas K. Butt, as well as anyone acting on his behalf, shall not continue to post or otherwise disclose the City's confidential attorney‐client emails, or parts thereof, to any unauthorized person, without first obtaining a waiver by City Council. This includes, but is not limited to that material originally divulged on www.tombutt.com on November 5th and 16th, 2021. A proposed order in accordance with this tent...

Excerpt: ...dence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) “A preliminary injunction is proper only if there is a substantial basis to suppose that the defendant, if not restrained, will actually engage in the conduct sought to be enjoined.” (Ep...

Excerpt: ...rder arbitration if it determines that a valid agreement to arbitrate exists. Here, such agreement exists, as discussed below. Background Plaintiff alleges that he was recruited and hired by defendants to work for defendant RBF Investments, Inc. (“RBF”), having worked for many years in the pawn shop industry. On or about May 24, 2019, plaintiff entered into two agreements: an employment agreement and a shareholder agreement. His verified comp...

Excerpt: ...mplaint, given both her changes in counsel and additional facts learned through discovery. The Court disagrees with Defendant's attempt to distinguish a medical “disability” with a medical “condition” as grounds for prejudice in this matter, and the Court determines that Defendant is not prejudiced by Plaintiff filing the proposed Second Amended Complaint. Defendant also failed to rebut Plaintiff's claims that these additional causes of a...

Excerpt: ...r before March 1, 2017, and whether the agreements are sufficiently certain to be enforced. (Disputed Material Fact Nos. 13, 19, 21, 28, 29, 30, 31, 32; Plaintiff's Request for Judicial Notice filed 9/29/21; Def's Ex. B, Rios Depo. at 47:22‐25; 48:20‐21; 128:7‐25; 131:24‐132:2; 133:6‐20; 140:20‐22.) General background The Third Amended Complaint (“TAC”) of plaintiff, Jose Villalobos, alleges five causes of action concerning an all...

Excerpt: ...r ORDERED to jointly submit a list of potential arbitrators, or barring agreement on the list, to submit a list of arbitrators that meet the requirements of Civ. Code §1281.6. A. Factual and Procedural Background On or about November 6, 2020, the Leungs presented a Residential Purchase Agreement and Joint Escrow Instructions (“Contract”) to Cross‐Defendants Robert and Nicole Murgia (“Murgias” or “Cross‐Defendants”) for the purcha...

Excerpt: ...NIA DEPARTMENT: 21 HEARING DATE: 12/08/21 ‐ 10 ‐ On or about March 26, 2020, Plaintiff Yvette Mitchell purchased a pre‐owned 2018 Toyota Yaris from Defendant El Cerrito Automotive. Plaintiff made a down payment of $7,000 and financed the remainder with Defendant Westlake Financial Services. Shortly after purchase, Plaintiff noticed defects with the vehicle's electronics, structure and interior. Plaintiff alleges Defendant has been unable or...

Excerpt: ... care, did not breach a duty of care and did not cause Plaintiffs' injuries.” As to the Third Cause of Action for Loss of Consortium, Defendant asserts summary judgment should be granted in its favor because it “was not negligent and, thus, Plaintiff is not entitled to such relief from Defendant.” As explained below, the Court finds the following: (1) Defendant failed to meet its burden to establish the “independent contractor” status o...

Excerpt: ...termination in October of 2020. Plaintiff alleges employees of Defendant verbally and physically harassed him during the course of his employment on the basis of his sex or perceived sexual orientation. Plaintiff alleges his supervisors and other management members knew about the harassment by personally seeing the actions and hearing the comments, yet his employer failed to prevent the harassment from occurring. Demurrer Pursuant to Code of Civi...

Excerpt: ... the VP of Facility Services. (Compl. ¶ 6.) He alleges he made two complaints to StoragePro in March 2020 contending that the company was not undertaking proper COVID‐19 precautions, including failing to provide personal protective equipment for company employees. (Compl. ¶ 8.) He also complained to the company because it was allegedly performing work as an unlicensed contractor. (Compl. ¶ 9.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...

Excerpt: ...—an obligation plaintiffs claim defendant has breached. The motion is denied. There are, at a minimum, factual disputes as to whether all conditions to performance have been satisfied. Background Luigi and Elena Gallo are the owners of servient tenement, 51 Hidden Hills Place ("the Gallo Property") in Danville, California. (Separate Statement of Undisputed Material Facts in Support of Motion, hereinafter “SSUMF,” No. 1, and response.) Joshu...

Excerpt: ...r (1) violation of Civ. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) negligence; (4) wrongful foreclosure; (5) interpleader pursuant to Code Civ. Proc § 386, Civ. Code §§ 2924j, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/01/21 ‐ 13 ‐ 2924k; (6) unfair business practices (violation of Bus. & Prof. Code § 17200); and (7) cancellation of written instruments (Civ. Code § 3412). Defendant...

Excerpt: ...ri Law, LLP and Law Offices of Matthew M. Oliveri for (1) professional negligence (legal malpractice), (2) breach of contract, (3) breach of fiduciary duty and (4) intentional infliction of emotional distress. Cross‐Defendants demurred to each cause of action. The Court overruled the demurrer to the breach of contract claim and otherwise sustained the demurrer. Seddick then filed a first amended cross‐complaint for (1) breach of oral contract...

Excerpt: ...to amend. (CCP § 430.10 (e).) It is sustained as to BCI with leave to amend regarding the First, Second, Third, and Fourth Causes of Action and sustained without leave to amend as to the Fifth, Sixth, Seventh, and Eighth Causes of Action. (CCP § 430.10 (e).) Nothing in this ruling bars Smith from asserting affirmative defenses in his Answer to the Complaint. (See Opening Brief at 8:7‐10.) Leave to amend is limited. Smith may not amend to alle...