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: ..., 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: ...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,...