Excerpt: ...IAL OFFICER: JILL C FANNIN HEARING DATE: 01/11/2023 Order in Agueda Valencia v. Nissan North America, Inc. (Case No. 22STCV10643) from the Los Angeles County Superior Court, Department 17 on November 16, 2022 is granted. (Evid. Code §§ 452, 453.) Procedural Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale ...

Excerpt: ... the Motion. This Motion was continued from January 4, 2023 to allow the moving party to file the signed declaration which was inadvertently filed unsigned. For the reasons set forth below, Motion is granted. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing develop...

Excerpt: ...dants' contention that they were never served with the motion (the error appears to be service of prior counsel rather than service on counsel of record). There is no proof of service on file for the motion for leave to file supplemental complaint. Nevertheless, Defendants filed an opposition and a declaration in support of opposition. The Court declines to deny the motion on this basis. For the following reasons, the motion is granted. Plaintiff...

Excerpt: ...asons set forth below, the hearing on this matter is continued until January 11, 2023. Factual Background This matter pertains to litigation relating to the construction of homes located in a housing development known as Botanica/Palmilla in Brentwood, California. Plaintiff Pulte Homes was the developer for the housing development. It was notified by homeowners of two of the homes had significant problems with the ceramic floor tiles, including t...

Excerpt: ...1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 01/04/2023 Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' position...

Excerpt: ...urt Order, and Portions of the Memorandum in Support of Motion to Seal. The Motion is unopposed by Defendants. Nevertheless, the Court evaluates the Motion pursuant to California Rules of Court, rules 2.550 and 2.551. California Rules of Court, rule 2.550(d) permits the Court to order court records sealed only if the Court expressly finds facts establishing all of the following: (1) There exists an overriding interest that overcomes the right of ...

Excerpt: ...or (1) declaratory relief (with respect to the July 30, 2020 Employment Agreement right to termination); (2) declaratory relief (Employment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 14 Agreement validity in light of Corporations Code § 300); (3) declaratory relief (Employment Agreement validity in light of undue influence and duress; (4) ...

Excerpt: ...matter of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 12/21/2022 5 law with respect to its first cause of action for contractual indemnity and (2) in the alternative, Whole Foods is entitled to a defense because Ruan has a duty to defend. Procedural Errors Whole Foods' separate statement does not comply with California Rule of Court, rule 3.1350(d) by ...

Excerpt: ...”). BAP and PSP are completing businesses that sell fuel. BAP hired Nguyen as a sales representative to service its customers throughout the Bay Area. (See Declaration of BAP principal Tim Gately [“Gately Decl.”], par. 2.) Nguyen was provided with a work laptop and a cell phone and had password‐protected access to files and databases where BAP stored confidential and proprietary information, including the “identity of plaintiff's custom...

Excerpt: ... pleadings (“MJOP”). The MJOP relates to Plaintiff Vahid Haghiri (“Plaintiff” or “Haghiri”)'s Complaint for (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Promissory Estoppel; (3) Negligent Misrepresentation; (4) Wrongful Foreclosure; (5) Cancellation of Instruments; and (6) Declaratory Relief. As a threshold issue, the Court declines to disregard Plaintiff's late‐filed opposition. Defendants were able to file and serve ...

Excerpt: ...cember 2020, Dr. White alleges causes of action for negligence and premises liability. The Court has before it a motion for summary judgment (“MSJ”) brought by defendant John Muir Health (“John Muir”). The MSJ makes a single argument: that even assuming the facts are as alleged by Dr. White, John Muir did not owe Dr. White a duty to prevent the particular injuries suffered here, and as a result, summary judgment is warranted. Dr. White op...

Excerpt: ...et forth, the motion is denied, without prejudice. If Plaintiffs elect to re‐file their motion for leave to file the 2AC, Plaintiffs shall include with the moving papers the proposed 2AC as well as a complete, redlined copy of the 2AC marked to show all deletions and additions made in the 2AC from the FAC. If Plaintiffs do not intend to make a claim for attorneys' fees against Yudien (see Plaintiffs' Reply, p. 2, fn. 1), then the proposed 2AC s...

Excerpt: ... (Code Civ. Proc., § 473, subd. (b).) The failure to make such a showing is fatal to a motion for relief: Section 473 ("The court may, upon such terms as may be just, relieve a party . . . from a judgment . . . taken against him . . . through his . . . mistake, inadvertence, surprise, or excusable neglect."), by its own terms, both grants and circumscribes trial court discretion. Thus, if a party shows that a judgment has been taken against him ...

Excerpt: ...oFi Lending Corp., as Attorney‐in‐Fact for Regions Bank, filed this action asserting a single cause of action for breach of contract against Defendant Pirthipal Dhillon arising from the alleged breach of a personal loan agreement. Plaintiff alleges that Dhillon breached the agreement by failing to make certain payments and $39,916.20 remains due and owing. In her November 12, 2020 answer, Dhillon checked the box stating she admits the allegat...

Excerpt: ... in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendant's motion is granted. Defendant shall prepare a proposed judgment of dismissal3 separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. Preliminary Matters. Defendant's request for judicial notice is granted. The Court's grant of summary judgment shall not prejudice any right plaintiff may have...

Excerpt: ...cussed below, the demurrer is overruled. The motion to strike is granted as to the new causes of action (2, 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 17 and 18), and otherwise denied, as discussed below. This order is without leave to amend, but without prejudice to plaintiff making the appropriate motion seeking leave to amend. Defendants One Gro, Daniel Isaacson, Peter Perisin and Placido Martinez, Jr. shall file and serve their answers on or before N...

Excerpt: ... process (FEHA), (4) failure to prevent discrimination (FEHA), (5) retaliation (FEHA), (6) retaliation (Labor Code section 233), (7) discrimination and retaliation (CFRA) and (8) wrongful termination in violation of public policy. Defendant's motion seeks summary judgment or alternatively summary adjudication as to each cause of action and as to punitive damages. Facts Plaintiff worked for Defendant Allied from 2007 to December 2019. (Garcia dec....

Excerpt: ...ject to “trail immunity” for which Martinez cannot be liable as a matter of law, that Martinez did not have notice of a dangerous condition, and that Martinez has no liability for any claim that it failed to provide adequate trail lighting. For the following reasons, the MSJ is granted. Evidentiary Objections None. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for decidin...

Excerpt: ...rnative, summary adjudication on plaintiffs' complaint against them. The summary judgment motion is denied. The motion for summary adjudication is granted on issues 1, 4, 7, and 9 (1st, 3rd, 4th, 5th, and 7th C/A), and otherwise denied, as discussed below. Plaintiffs also move for summary adjudication on their first through sixth, and eighth causes of action asserted against defendant. Their motion is denied in its entirety, as discussed below. I...

Excerpt: ... the level of malice, oppression or fraud. Plaintiffs claim of right to recover punitive damages against Defendants Lafayette Oaks Associates, LP, Sack Properties LLC is denied as Plaintiffs have not properly alleged a claim for punitive SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/02/2022 Page 2 of 11 damages against the entity defendants in accordance with Civil Co...

Excerpt: ...' cross‐complaint (Milway and Hansen, together “Milway”) must be given time to challenge that cross‐ complaint. In order to expedite any challenges to this cross‐complaint, the parties are ordered to meet and confer regarding any challenges to the pleadings prior to the filing of the cross‐complaint. The parties shall conduct a meet and confer pursuant to Code of Civil Procedure section 430.41 and/or 435.5 no later than November 18, 2...

Excerpt: ...Background The facts as alleged in the current 4AC have previously been recounted in the Court's ruling on DoorDash's demurrer and need not be repeated. In relevant part, the 4AC alleges that defendant Khawaja was a resident of the City of Vacaville, though her current whereabouts are unknown (4AC, ¶2), that Khawaja was “assigned work” by DoorDash despite her lack of fitness for such work (4AC, ¶33), and that Khawaja “regularly violates�...

Excerpt: ...tition Law (“UCL”), as stated in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendants' motion is granted without leave to amend. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. The First Cause of Action. The First Cause of Action is for an alleged HBOR violation: recording a noti...

Excerpt: ...ly Act‐Breach of Implied Warranty, Plaintiff's Third Cause of Action for Violation of the SongThe following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), fail...

Excerpt: ...ly upon essentially the same facts, the Motions will be addressed together. For the following reasons, the Plaintiff's Motion is denied. Defendant EBMUD's motion for summary judgment is granted. Factual Background As the time of the sale at issue, Plaintiffs Kris Leamy (“KL”) and Robin Leamy (“RL”) (collectively “Plaintiffs”) owned property located at 4123 Happy Valley Road in Lafayette, California (the “Property”). (Plaintiffs' A...

Excerpt: ...nanda Alves and Gabriella DePaula Alves. Respondent's vehicle was rear‐ended and completely totaled. Gabriella DePaula Alves suffered a severe concussion for which she was treated for over a year by a neurologist. Claimant DePaula filed an uninsured motorist claim with her insurer, CSAA Insurance Exchange. Petitioner asserts that Gabriella DePaula Alves' claim was settled on June 30, 2022, for $50,000. Respondent disputes that the claim was set...

Excerpt: ...lic General Insurance Seeking Declaratory Relief That Ohio Security Insurance Company Had a Duty to Defend S.C. Anderson, Inc. on the Cross‐Complaint in S.C. Anderson v. El Capitan Holtel Merced LLC, Case 20CV‐ 01290 is GRANTED. Allegations that a contractor provided defective work do not qualify as property damage and in any case would come within the Impaired Property Exclusion. (Reg'l Steel Corp v. Liberty Surplus Insurance Copr. (2014) 22...

Excerpt: ...RC 3.1700(b)(3). Given this authority, the court considers the motion. 1. Filing fees Defendant seeks to tax $1,103.32 of the plaintiff's filing fees as unnecessary and unreasonable. The fees are all attributable to a motion to compel that plaintiff lost. Motion fees are recoverable under CCP 1033.5(a)(1) provided they are reasonable and necessary to the successful claim. See Quiles v. Parent (2018) 28 Cal.App.5th 1000, 1018. The court strikes th...

Excerpt: ...he former Human Resources Director of the City of Richmond where she worked for 15 years. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 2; Pl. Resp. to DUMF Nos. 1, 2; Pl. Addl. Material Facts ("AMF") Nos 1, 2.) She alleges the conduct giving rise to the City's alleged retaliation began in June 2019 shortly after she reported to City Manager Carlos Martinez claims by two African American employees of racial discrimination by the ...

Excerpt: ...e arbitration. Plaintiff's objection 1 is overruled. (Hooked Media Group, Inc. v. Apple, Inc. (2020) 55 Cal.App.5th 323, 338.) Factual Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale Contract (“RISC”). The RISC contained an arbitration provision. Plaintiff signed the portion of the RISC specifically agr...

Excerpt: ...2021. The Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 10/12/2022 alleged six causes of action: (1) Unlawful Race Discrimination; (2) Unlawful Sex Harassment; (3) Failure to Maintain Environment Free From Harassment; (4) Unlawful Retaliation; (5) Unequal Pay/California Fair Pay Act; and (6) Negligent Supervision. At the time the Complaint was filed, Plaintiff was still emplo...

Excerpt: ...ter the hearing on the demurrer by defendant Khawaja on October 26, 2022. In the event that any amended complaint follows the Court's ruling on that demurrer, DoorDash shall be permitted to respond to the amended pleading as it sees fit. If the demurrer is overruled on October 26, 2022, DoorDash must file and serve its answer by November 7, 2022. I. Background On January 31 or February 1, 2021, plaintiff's vehicle was destroyed by defendants Tara...

Excerpt: ...ia Consumer Credit Reporting Agencies Act (“CCRAA”), Civ. Code § 1785, et seq. and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), Civ. Code § 1786, et seq., on September 20, 2022. Plaintiff alleges that on September 14, 2020, he disputed a negative tradeline on his Experian credit report in the amount of $304, held under the collection agency Sequium Asset Solutions, Inc. (“Sequium”) on behalf of their clien...

Excerpt: ...ein as the "Driver" or "Barturen"), when that vehicle made a left turn from Moraga Way onto Coral Drive. That defendant and two others who were the owners of the vehicle defendant Barturen was driving, have settled with Plaintiff pursuant to a good faith settlement approved by the Court on April 11, 2022. Defendant Jane Sayre owns the property bordering the public right‐of‐way next to the bike lane just before the intersection where Plaintiff...

Excerpt: ...forth, the demurrer is overruled. Factual Background The FACC at issue in the demurrer alleges that the Menascos breached an agreement for the sale of a timeshare interest to Jerry Kilarr, now deceased. (FACC ¶¶ 15‐18 and Exhs. G and H.) The Menascos agreed to sell a timeshare interest in property in South Lake Tahoe (the "Timeshare") to Kilarr as part of a settlement of litigation that began in 2016 between the Menascos, on one hand, and Jer...

Excerpt: ... and Sheriff Eviction is denied. Background Plaintiff Jet Airways of India, Inc. is a California corporation. Plaintiff was the owner of property commonly known as 10 Brewin Court in San Ramon. Plaintiff, acting through its corporate secretary, Minda De Santos, and with its counsel Richard Taguinod, agreed and entered into a real estate purchase agreement (“RPA”) on February 3, 2020, with Juanetta Stephens. On February 14, 2020, Juanetta Step...

Excerpt: ...bout August 30, 2010 Plaintiff Ishaq Shariff (“Plaintiff”) was hired by Defendant ERAC SF to work at their Concord, California location. On that date, as part of the hiring process, he was presented with a Mutual Arbitration Agreement (“Arbitration Agreement”). Plaintiff does not deny that he signed the Arbitration Agreement. (Declaration of Ishaq Shariff (“Shariff Decl.”) ¶2.) He does contend, however, that he was ‘forced' to sign...

Excerpt: ...“SBA”), SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 09/21/2022 claim, the so‐called California ‘lemon law.' It concerns a 2018 Acura MDX, bearing VIN 5J8YD4H88JL002329 (the Subject Vehicle.”) On April 8, 2022, the Parties participated in a settlement conference wherein they came to initial terms for a full and complete settlement of the matter. On that date, the Parties, as...

Excerpt: ... property (vacant land) commonly referred to as 523 Santa Fe Avenue, Richmond, or Assessor's Parcel No. 558‐184‐005, now owned by plaintiffs Greg and Jennifer Jerum (hereinafter “Jerum Property”). The Jerum property was once bounded by portions of Santa Fe Avenue and Bishop Avenue. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact No. 7 and response.) In 1963, the City of Richmond passed an Order of Vacation ...

Excerpt: ...� 6.) Defendant Edward Harris was employed by the Bank and was the private banker assigned to the Firm. (Pl. Undisputed Material Facts ("PUMF") No. 2; Def. Opp. to PUMF ("DOPUMF") No. 2.) The Firm's Complaint alleges six causes of action against the Bank arising out of a check in the amount of $177,500 the Firm received from a client and deposited into the IOLTA account at the Bank on March 9, 2020. (PUMF No. 4 [though the PUMF refers to a $177,5...

Excerpt: ...ns stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. Plaintiff presented the declaration of Counsel George Holland which shows good cause exist for a continuance. However, the Opposition points out the Defendants' evidence in support of the motion fail to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPART...

Excerpt: ...orandum on July 6, 2022, are overruled. This evidentiary ruling, however, is not dispositive of defendant's motion; the Court would have issued the same ruling if defendant's evidentiary objections had been sustained. A‐2. Defendant's Verified Answer. In paragraphs 15 and 20 of the Verified Amended Complaint, plaintiffs allege as follows: 15. Notwithstanding the apparent transfer of the real property in Contra Costa County leased to Plaintiff J...

Excerpt: ...ord shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Facts On or about June 30, 2015, landlord and tenant, Fitness International, LLC (“Fitness International” or “tenant”) entered into a commercial lease (“Lease”) for 5001 Lone Tree Way, Antioch, CA 94509 (the “Premises”). (SSUMF, Fact No. 1 and response.) The Lease has a term of 19 years, with the option to extend ...

Excerpt: ...as 119 Bunce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltzes' property, located at 113 Bunce Meadows Drive in Alamo. The Kiltzes' predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhanging on the Wickersham property. Plaintiffs allege the overhanging branche...

Excerpt: ...(collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Thereafter, Defendant removed him as manager of the other LLCs. 0n November 17, 2021, Defendant Olawa, LLC's counsel informed Oura's...

Excerpt: ... Plaintiff and Jamison‐Pratt. Plaintiff Linton McNeal (“Plaintiff” or “McNeal”) objects to this Motion on several grounds. For the following reasons, the Motion is granted. Judicial Notice Defendant requests judicial notice of its verified answer to Plaintiff's Third amended Complaint; Counterclaim and Cross‐Claim in Interpleader filed on May 6, 2022 as well as Plaintiff's answer to Protective's Counterclaim and Cross‐Claim in Inter...

Excerpt: ... Perisin and Placido Martinez, Jr. collectively demur to the Third Amended Complaint (“TAC”) filed by plaintiff, Island Breeze Systems CA, LLC. They also move to strike portions of the TAC. As discussed below, the demurrer is sustained as to third and fifth causes of action, with leave to amend, and otherwise overruled. The unopposed motion to strike is granted for the reasons stated in the supporting memorandum of point and authorities. Any ...

Excerpt: ...nt's medical center. Plaintiff alleges that she fell because of a “hole” in the parking lot asphalt. Plaintiff alleges that she was discharged from the hospital at approximately 4:35am, and that it was dark out when she walked outside. Plaintiff alleges that she did not see the hole while traversing the parking lot. Plaintiff alleges two causes of action against Defendant: negligence and premises liability. SUPERIOR COURT OF CALIFORNIA, CONTR...

Excerpt: ...nfer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) §430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP §430.41(a)(2).) The meet and confer “shall” include a discussion of the lega...

Excerpt: ...exceed the usual page limitations, but the parties are reminded that concise briefing is often more persuasive briefing. The parties shall provide the Court with properly tabbed courtesy copies of all papers filed pursuant to this order. Defendant's motion to dismiss is based on the nominal transfer of the subject parcels of real property from defendant RM 15 Safe Corp to nine, non‐party LLCs. (See Defendant's RJN, Exhs. “B” through “J”...

Excerpt: ...by Defendants Willow Pass One, LLC (“Willow Pass”) and David Feng (“Defendants”). For the reasons set forth below, Plaintiff's Motions are granted. The parties are required to appear to discuss issues related to a continuance of the trial date. Procedural Background Plaintiff filed its original Complaint on February 7, 2019, alleging a single cause of action for breach of contract related to a lease it entered into with Defendant Willow P...

Excerpt: ...Plaintiff alleges she attended an event at the winery operated by Campos on October 25, 2019. She alleges she tripped and fell while leaving the property and sustained physical injuries. Her Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 07/27/2022 asserts causes of action for negligence and premises liability. Plaintiff seeks leave to file a proposed First Amended Complaint ("FAC") alleging a...

Excerpt: ...eby Plaintiffs are seeking confirmation of an easement over and through two properties: one owned by the Defendants Luc and Claudia Desmedt (“Desmedt Defendants”) and one owned by the Tice Valley Gardens Homeowners Association (“HOA”). A Settlement Conference was held on December 16, 2021 involving Plaintiffs and the Desmedt Defendants, as Plaintiffs had previously settled with the HOA. At the Settlement Conference, Plaintiffs and the Des...

Excerpt: ... from any order on the motion, for submission to the Court. I. Background Plaintiff Nene Ndah‐Fingesi (“plaintiff”) alleges that defendant Contra Costa County (“County”) discriminated against her due to her medical condition. (Separate Statement of Undisputed Material Fact, hereinafter “SSUMF,” Fact 5, and plaintiff's response.) Plaintiff has been employed by County in a teaching position since approximately February 2009. When she ...

Excerpt: ...ted. Factual Background The Complaint alleges that Plaintiff was injured when she stepped up onto a retaining wall owned by Defendants and fell because certain bricks in the wall were not secured. The fall resulted in injuries to Plaintiff. Standard Summary judgment is proper 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 Civ. Pr...

Excerpt: ... Plaintiff's Complaint alleges that Plaintiff, Defendant, and other parties to the suit contracted to re‐roof a development in El Cerrito, County of Contra Costa, California (hereinafter, “Project”). (Complaint, ¶3.) Plaintiff alleges that Defendant is a roofing contractor company hired to work on the Project. (Complaint, ¶10.) Plaintiff claims that Defendant installed the new roof using “duration premium cool shingles” which come wit...

Excerpt: ...ing the property and sustained physical injuries resulting in loss of earnings and other damages. Her complaint asserts causes of action for negligence and premises liability. The premises liability cause of action alleges two counts based on negligence and willful failure to warn. She asserts as the basis for defendant's liability on all causes of action and counts that (1) the area where she fell had no lighting, and (2) plaintiff was instructe...

Excerpt: ...‐OPT5, asset‐backed certificates, series 2006‐OPT5 (“Deutsche Bank”) (collectively, “Defendants”)'s Demurrer. The Demurrer relates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s Second Amended Complaint (“SAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) negligent misrepresentation. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil...

Excerpt: ...e Second Cause of Action for Common Count – Open Book Account, and Third Cause of Action for False Promise on that basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to the Complaint in toto “because the face of the Complaint admits a defense to all claims, namely that Plaintiff did not make an effort to mitigate its alleged damages.” (CCP §431...

Excerpt: ...In the motion to set aside the dismissal, Plaintiffs sought leave to file their motion for reconsideration and cited Code of Civil Procedure sections 473.5 and 1008 in their notice of motion. Plaintiffs noted that they had attempted to file their motion for reconsideration on May 13, 2022 but were apparently prevented from doing so since the judgment in this case was filed earlier that same day. Plaintiffs did not cite a statutory basis in their ...

Excerpt: ... ("JR") and Sutter Health ("Sutter") as a security guard on November 5, 2021 in anticipation of a workers strike event. (Compl. ¶ 20.) Specific allegations related to her employment relevant to the demurrer are addressed below. Plaintiff's Complaint alleges 14 causes of action, including 10 causes of action for violation of various Labor Code provisions, breach of contract, wrongful termination in violation of public policy, violation of the Unf...

Excerpt: ...ollectively, "Broker Defendants"), generally demur to causes of action 1‐6, 8‐9, and 11‐14. The demurrers are overruled, as discussed below. Answers shall be filed and served by June 27, 2022. Background Previous attorney‐in‐fact for William Brickner, defendant Carol Concilio, took title to real property in her own name during the course of an escrow, violating the terms of her power of attorney. Plaintiff Deena Burke, current attorney ...

Excerpt: ...on's Demurrer, however, based on a failure to meet and confer, and that motion is before the Court. As discussed below, the demurrers by DoorDash and Khawaja are sustained and their motions to strike are granted in part. Plaintiff's motion to strike is denied. I. Background The complaint provides that early in the morning on February 1, 2021, plaintiff's vehicle was destroyed by defendants Tara Khawaja and Mark Lewis Hinton (collectively, “indi...

Excerpt: ... remain on calendar for now. A case management conference is scheduled for August 25, 2022 where, if Plaintiff has amended the complaint, the trial date will be vacated. If Plaintiff files a second amended complaint, Defendants must be given time to challenge the amended pleading and to file a motion for summary adjudication as to the seventh cause of action on issues not previously raised in the prior motions. The Court's understanding of the is...

Excerpt: ...rrer shall be filed and served on or before June 29, 2022. Background Plaintiff Kyle Oura alleges he holds a financial stake and management interest in Defendants A & A Health Services, LLC and other defendant entities. Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Thereafter, Defend...

Excerpt: ...beginning in January 2018 as an ADA Accommodation Specialist. While she was still on probation, her employment was terminated on April 5, 2018. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 5, 30, 31, 33.) Plaintiff asserts claims against JMH for retaliation in violation of Government Code section 12940, et. seq. ("FEHA") (3rd C/A), for failing to prevent harassment, discrimination and retaliation in violation of FEHA (4th C/A), ...

Excerpt: ...p Trail in the Las Trampas Regional Wilderness. (Undisputed Material Fact (“UMF”) 1.) The East Bay Regional Park District (“EBRPD”) owns Las Trampas Regional Wilderness (the “Park”). (UMF 2.) While walking back to her car, Plaintiff saw a cow blocking part of the trail leading to her car. (Hewitt Decl. ¶18.) The cow was a Black Angus, with tag #610, owned by Defendants Ned Wood and Wood Livestock, LLC. (UMF 1.) She proceeded to make ...

Excerpt: ...ss‐complainants have provided evidence to show a dispute of material fact as to whether “Najjar communicated an express will to withdraw from any partnership with Goldstein SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 06/08/2022 no later than November 16, 2017.” (See First Amended Cross‐Complaint, ¶54.) Background Plaintiff, George Najjar, claims he is entitled to profits of defendant, New U ...

Excerpt: ... disclose that the public used an easement on the property. On August 14, 2019, the Court granted Defendant Tulloch's motion to compel arbitration of Plaintiffs' claims. The claims against the other defendants were ordered stayed pending resolution of the arbitration. The parties went to arbitration. The Arbitrator issued an interim award on April 26, 2021, awarding Plaintiffs $1,587,334 in damages. The Arbitrator held a hearing on Plaintiffs' re...

Excerpt: ...tion under CCP § 377.31 is granted as unopposed. The order to file a 4th AXC in the form currently proposed is denied for the reasons stated below. Background The decision whether to permit Hinh to file the proposed 4th ACC involves application of the sham pleading rule. In turn, that requires analysis of the previous pleadings in this case. This is an action among four brothers over rights and contributions in three alleged investment propertie...

Excerpt: ...lish that the subject property is in dangerous condition under Government Code § 835 and pursuant to Government Code § 830.8 which grants immunity to Caltrans. For the following reasons, Defendant's motion for summary judgment is granted. Brief Factual Background The complaint arises out of a car accident in the early morning hours of May 25, 2018. A tractor trailer crashed on eastbound Interstate 80 just before the Carquinez Bridge; it overtur...

Excerpt: ...ices in violation of California Business and Professions Code sections 17200 et seq. Defendants demurrer to each of the causes of action on the basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 06/01/2022 11 the first, second, and fourth cause of action as b...

Excerpt: ...dure section 405.30.) Garg and VANS LLC (collectively “Garg”) argue that the lis pendens should be expunged because Machado cannot show the lis pendens is based on real property claims (Code of Civil Procedure § 405.31) and because the notice of the lis pendens was not properly served (Code of Civil Procedure § 405.22, 405.23.) As explained below, the lis pendens is not based on a real property claim and therefore, the Court did not reach t...

Excerpt: ...21, 22, 23, 24, 25, 29, 30; (all subject to any evidentiary objections that have been sustained).) The motions are granted as to plaintiff Debbie Habegger and defendant John Muir Medical Group (“JMMG”) as unopposed. (See Defs' Exs. C, D, and E and Pltfs' Opp. at 10:20‐11:16, which contains no argument regarding Debbie Habegger. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (issue abandoned when plaintiff did not oppose a gr...

Excerpt: .... (California Code of Civil Procedure (“CCP”) §437c(a)(2).) Plaintiff filed its opposition papers, but apparently had an issue serving them on Defendant at that time. It appears they were not served until April 20, 2022 – after Defendant sent a notice of non‐opposition to Plaintiff. As the papers were filed, the Court continued the hearing date to allow Defendant time to prepare and file a reply. The Court's order stated that the Reply w...

Excerpt: ...ctively “Plaintiffs”) own property located at 4123 Happy Valley Road in Lafayette, California. Sometime in approximately 2007, Defendant East Bay Municipal Utility District (“EBMUD” or “Defendant”) approached Plaintiffs seeking to purchase an approximately .58‐acre portion of Plaintiffs' undeveloped property (the “Property”) as a site for the Sunnyside Pumping Plant (the “Plant”). The parties spent the next few years negotia...

Excerpt: ...) failure to prevent discrimination and harassment, (6) failure to accommodate and (7) failure to engage in the interactive process. Plaintiff also sued the City for wrongful‐ constructive termination, but that claim has been dismissed. The City is moving for summary judgment of all claims or, alternatively, summary adjudication of each cause of action. Discrimination (C/A 1 and 2) Plaintiff sued the City for age and disability discrimination. ...

Excerpt: ...family home combined with a separate in‐law unit, commonly referred to as 119 Bruce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltz's property, located at 113 Bunce Meadows Drive in Alamo. The Kiltz's predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhangin...

Excerpt: ...f contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Plaintiff is in pro per. The Court notes that the inclusion of Defendants' notice gives the impression of an overly‐long brief; however, counting from page 11 (the onset of the memorandum of points and author...

Excerpt: ...tore (“Store”) located at 2515 Somersville Road in Antioch, CA on August 13, 2018. (UMF 1.) She alleges that she slipped on a pool of water while walking down aisle 9 of the Store, injuring herself. (UMF 2.) The incident occurred at approximately 2:05 p.m. (Decl. of Michael S. Richardson, Ex. F) Defendants' employees are trained to walk up and down the aisles, and to cone off and immediately clean any spills, making sure not to leave them una...

Excerpt: ...the matter was continued to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a yea...

Excerpt: ...F”) No. 20 as ineffectively disputed by plaintiffs' expert, Dr. Barnett; Gomez Decl, ¶ 16; Barnett Decl., ¶ 14, 15, 19.) Background This is a case for medical malpractice and loss of consortium. The plaintiffs are Dean Habegger and his wife, Debbie Habegger. The TAC alleges that Mr. Habegger (who was then 66 years SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 04/20/2022 2 of age and had previously ...

Excerpt: ...1‐2.) The Fifth Cause of Action of the SAC alleges that defendant EagleLift committed intentional misrepresentation by stating it had installed 12 interior posts (SAC, ¶ 46, 47), and that defendants Alpine and Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017 that all pertinent work done by EagleLift, was performed “as designed.” (¶ 50.) These representations were false because not all posts and pie...

Excerpt: ...nt, LLC and Betty Dominici. Plaintiff also move to add additional parties, Maruyama Holdings, LLC (as plaintiff) and Ravelloview LLC, A & A Health Services, LLC, AAHS San Pablo LH, LLC; A&A Living, LLC; Alamo Health Management, LLC; and Alamo Senior Living Management, LLC (as defendants). Plaintiff seeks to add about 12 new claims. The proposed SAC seeks to add Maruyama as a Plaintiff in the furtherance of judicial economy. Maruyama's claim runs ...

Excerpt: ...ates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s First Amended Complaint (“FAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligent misrepresentation; (4) negligence; and (5) negligent infliction of emotional distress. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following rea...

Excerpt: ...tructive eviction cause of action fails as a result of CCP section 1166(d)(1); and (iv) that the entire complaint is uncertain under CCP section 430.10(f). Murray opposes. The Meet and Confer The Court has carefully reviewed the declaration submitted by counsel for Kizirian as well as the declaration submitted by counsel for Murray. Kizirian's declaration does not meet the requirements of CCP section 430.41(a) in that it does not specify the mann...

Excerpt: ... of forum non conveniens, Defendant's motion is untimely. “A motion to stay or dismiss on the ground of inconvenient forum must be made within the time permitted to plead, i.e., 30 days after service of the complaint, unless extended by stipulation or court order. (§ 418.10, subd. (a).)” (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1295.) This ruling does not preclude Defendant from raising the objection after a general appeara...

Excerpt: ...to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a year later in April 2021.) I...

Excerpt: ...den of proof that the Hofmann's breached their duty to disclose. The Hofmanns filed this petition to confirm the arbitration award. The Johnsons oppose the petition, arguing that the arbitration award should be vacated. If a petition is filed and served, the Court must confirm an arbitration award unless it corrects the award, vacates the award or dismisses the proceeding. (Code Civ. Proc. § 1286.) “Judicial review of an arbitrator's award is ...

Excerpt: ...eneral demurrer is sustained, with leave to amend; and (3) the special demurrer for uncertainty is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/06/22 ‐ 4 ‐ Factual Background Pertinent to Motion to Strike and Demurrer Cross‐Complainant Jeri Iancu in the capacity as Executor of the Estate of Jerry Kilarr ("Executor") filed a cross‐complaint with a single cause of action for breach of contract ...

Excerpt: ...on December 13, 2019. An amended proof of service filed on September 23, 2021 indicates defendant Ho was personally served at 939 Clement Street, San Francisco on July 15th. An amended proof of service filed on September 23, 2021 indicates defendant He was served by substituted service on June 27th at 939 Clement Street, San Francisco. After defendants failed to appear, their defaults were entered on October 4, 2021. Both moving defendants appear...

Excerpt: ...against a suit even ‘ “where the evidence suggests, but does not conclusively establish, that the loss is not covered.” ' [Citation.]” (Hartford Casualty Ins. Co. v. Swift Distribution, Inc. (2014) 59 Cal.4th 277, 287.) “ ‘Determination of the duty to defend depends, in the first instance, on a comparison between the allegations of the complaint and the terms of the policy. [Citation.] But the duty also exists where extrinsic facts kn...

Excerpt: ...a member of the District's Measure R Citizens' Bond Oversight Committee. Respondent demurs to Petitioner's writ pursuant to Code of Civil Procedure (“CCP”) § 1089 on the grounds that quo warranto is the exclusive remedy available to Petitioner as the writ relates to a public office. For the following reasons, the Demurrer is sustained, with leave to amend to sue in quo warranto (with permission from the Attorney General). Legal Standard A pe...

Excerpt: ...d Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017, after the work was completed, that all pertinent work done by the contractor, Eaglelift, was performed “as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/30/22 ‐ 2 ‐ designed.” This representation was false because not all posts and piers called for in the design were installed. (SAC, ¶ 49.) Alpine now moves for ...

Excerpt: ...ons for issuance of writs of attachment and right to attach orders as to defendants Tony Bess and Juliane Bess, conditioned on Plaintiff posting an undertaking of $10,000, and (2) denies the claim of exemption. Factual Background Plaintiff Seaside Plaza, LLC ("Seaside") has filed a complaint for breach of lease against defendants Tony Bess and Juliane Bess (collectively, the "Besses"). The Pao Declaration supporting the applications attaches an i...

Excerpt: ...es. (Complaint, ¶11.) Plaintiff was admitted to Shields Richmond Nursing Center (“Shields”) for skilled rehabilitation services on June 21, 2020, and again on September 3, 2020, after he was hospitalized. (Complaint, ¶13.) In January 2022, plaintiff filed this lawsuit for negligence and elder abuse claims related to his residency at the facility. (Declaration of Otis L. O'Cain, ¶1‐2.) Defendants, Shields Nursing Center, Inc. and William ...

Excerpt: ...iffs are entitled to punitive and exemplary damages in the amount to be proven at trial"); (2) Prayer ¶ 3 ("For punitive damages as the Court see fit") to the extent sought against Yudien; and (3) Prayer ¶ 4 ("For reasonable attorney's fees") to the extent sought against Yudien. Background Plaintiffs have sued Jordan Yudien for breach of fiduciary duty in the third cause of action of the Complaint. Yudien was counsel for defendants Constance Ki...

Excerpt: ...wen Yao received her third injection of Faslodex in her right and left buttocks. (Comp. ¶7.) After the injections, Yao's left leg became paralyzed and after one week the paralysis was replaced with pain. (Comp. ¶9.) It is alleged that the nurse's injection of Faslodex into the leg buttock was the cause of the paralysis. (Comp. ¶¶7‐9.) A defendant meets its burden on a motion for summary judgment by showing either that plaintiff's claims hav...

Excerpt: ...n additional deposition of Plaintiff's representative Azad Amiri limited to addressing the facts and issues set forth in the amendments to the First Amended Complaint ("FAC") made in the 2AC; and (3) Plaintiff shall pay the actual reasonable CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/16/22 ‐ 3 ‐ cost of the court reporter's fees incurred by Defendants for the additional deposition of Azad Amiri, estimated...

Excerpt: ...ond, and third causes of action of the complaint are also overruled. Defendant shall file his answer to the Complaint by March 30, 2022. Background Plaintiff Reginald Jackson brings a complaint for quiet title against his brother, defendant Lambert Jackson. The property subject to the action is a residential property located at 5254 Bayview Street in Richmond ("Bayview Property"). (For clarity, this ruling will refer to the parties by their first...