Excerpt: ... GM when he purchased the vehicle. (Second Amended Complaint ("SAC"), 5-8.) Plaintiff alleges the Vehicle has a "Transmission Defect" more fully described in the SAC that manifested during the warranty period. (FAC, 10-18.) Plaintiff alleges GM knew about the Transmission Defect since 2014 and that the Vehicle had the Transmission Defect when he purchased it, but GM concealed and failed to disclose the Transmission Defect. (SAC, 28-44.) Plaintiff...

Excerpt: ...specially to Plaintiffs' cause of action for unlawful detainer pursuant to Code of Civil Procedure ("CCP") S 430.10 on the grounds that Plaintiffs have not adequately alleged a landlord-tenant relationship. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice There are several contentious requests for judicial notice. First, Defendant requests judicial notce of the declaration of Albert D. Seen...

Excerpt: ...d, by a of the evidence, that the plaintiff and moving parties agreed to arbitration, the motion is denied. 1. Background Plaintiff sought to complete a remodeling project in Antioch. On October 28, 2021 plaintiff received a proposal by defendant Chung Ly on behalf of SN Building Design Group. That proposal became the basis for a contract between plaintiff and SN Building Design Group, attached as part of SUPERIOR COURT OF CALIFORNIA, CONTRA COST...

Excerpt: ... as required by the Code. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/19/2023 Page 9 of 30 Analysis At the outset, the Court expresses its concern regarding the actions, or more pro#rly inactions, of both counsel which led to the filing of this motion and the need for the Court to expend resources to address an issue that the Parties could have, and should have, res...

Excerpt: ... fact and many of the same witnesses will testify in both actions. For the reasons set forth below, the motion to consolidate is granted. The cases shall be consolidated for all purposes with the instant case, MSC23-ffE94, deemed the lead case. Analysis Code of Civil Procedure S 1048 provides, "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters i...

Excerpt: ...0 a.m. on August 23 to allow Plaintiff time to file a substantive opposition to the Motion. Plaintiffs' Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h)). General Background In September 21%4, Plaintiffs refinanced real property located at 1952 15th Street in San Pablo, California (the "Property") via a loan in the amount of which was secured by a Deed of Trust. The Deed of Trust was assigned a number of times, ultimately b...

Excerpt: ..."), Rule 2.551(b)(5), parties must notify the Court that the lodged records are to be filed, unredacted and unsealed, within 10 days. (Because defendants failed to lodge any unredacted version of their memorandum of points and authorities in support of defendants' motion for summary adjudication, they must also file the unredacted brief should defendants wish to proceed with the unredacted briefing.) Alternatively, if no notification is received,...

Excerpt: ...ntiffs") Complaint for (1) violation of the Song-Beverly Consumer Warranty Act by breach of express authority; (2) violation of the Song-Beverly Consumer Warrant Act by breach of implied warranty; (3) violation of Business and Professions Code S 17200; and (4) negligent repair. For the following reasons, the Defendants' Mohon to Compel Arbitration is denied. Factual Background Plaintiffs' underlying Complaint in this case relates to Plaintiffs' p...

Excerpt: ...f contract. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/05/2023 Defendant moves for summary adjudication on several grounds including the statute of limitations and the statute of frauds. For the following reasons, Defendant's Motion is granted-in-part and denied-in-part. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) prov...

Excerpt: ...OP relates to Plaintiff Vahid Haghiri ("Plaintiff" or "Haghiri")'s First Amended Complaint ("FAC") 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. For the following reasons, the WOP is granted, without leave to amend. Request for Judicial Notice Defendants' unopposed Request for Judicial Notic...

Excerpt: ...lth's Request for Judicial Notce is denied. Although a court may judicially notice a SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 06/14/2023 Page 17 of 31 variety of matters (Evid. Code, S 450 et seq.), only relevant material may be noticed. (See, People ex rel. Lockyer v. Shamrock Foods Co. 24 Cal.4th 415, 422 ["any matter to be judicially noticed must b...

Excerpt: .... Code S 2923.7; (4) negligence; (5) negligent misrepresentation; (5) violation of Bus. & Prof. Code S 172CK) et seq.; (7) declaratory relief; (8) breach of the covenant of good faith and fair dealing; and (9) promissory estoppel. Before the Court is Plaintiff's Motion for preliminary injunction pursuant to Code of Civ. Proc. ("CCP") S 526, 527 and Civ. Code S 2924.12(a) (the "Motion"). The Motion is opposed by Defendant Fay Servicing, LLC ("Defe...

Excerpt: ...s ruling and in accordance with the applicable Local Rules. Background Plaintiff and defendant California Custom Metals, Inc. ("CCM") entered into a Settlement Agreement, a copy of which is attached as Exhibit A to the moton and supporting declaration of Plaintiffs counsel. The Settlement Agreement provides for a $70A)O payment to be made within 15 days after all parties executed the Settlement Agreement. (Mot./Yasman Decl. Exh. A, p. 7, Para. D....

Excerpt: ...013. For illustration purposes only, below is a picture of area in dispute: The red pinpoint (left) indicates Defendants' house. The purple square (center) identifies Plaintiff's house. The road leading from Defendants' home to Pleasant Hill Road is a roadway ingress/egress easement that the three houses jointly possess. That easement does not appear to be at issue in this proceeding. Instead, in the general area of the orange circle is the so-ca...

Excerpt: ...mately 2016 through 2018. (Separate Statement of Undisputed 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 Vivek Bansal M.D., Inc. (Plaintiff's SSUMF, Fact No. 2, and defendants' response.) In 2018, plaintiff sued defendants in another county for violations of the California Labor Code and that case was transferred to this ...

Excerpt: ... Code S 2923.7; (4) negligence; (5) negligent misrepresentation; (5) violation of Bus. & Prof. Code S 17200 et seq.; (7) declaratory relief; (8) breach of the covenant of good faith and fair dealing; and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/31/2023 (9) promissory estoppel. Before the Court is Plaintiff's Motion for preliminary injunction pursua...

Excerpt: ...filed a cross-complaint against Insalaco and Lomax for declaratory and injunctive relief. PHH alleges that Insalaco executed a deed of trust in favor of WMC Mortgage Corporation in 2005. (Cross-Comp. 95 and Ex. 1.) Wells Fargo is the current owner of the loan and PHH is the current servicer of the loan. (Cross-Comp. "7-8.) Paragraph 11 of the deed of trust states in part that "[lin the event of a total taking, destruction, or loss in value of the...

Excerpt: ...e arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq. ('FAA") or by the California Arbitration Act, Code of Civil Procedure section 1280 et seq. ("CAA'I), is the threshold issue of whether a valid and enforceable agreement to arbitrate exists is determined under California law and procedures. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413; Code Civ. Proc. SS 1281, 1281.2, 129...

Excerpt: ...e 13, 2023. Plaintiff's supplemental opposition, if any, is due no later than June 20, 2023. Relevant Background Plaintiff Jasvir Singh Shahi ("Plaintiff") filed this breach of contract action on November 8, 2022. Plaintiff alleges he entered into an oral construction contract with Defendant Felipe Pena ("Defendant") which Defendant breached, resulting in damages to Plaintiff in the amount of $106,930. According to the proof of service filed on J...

Excerpt: ...udice. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/24/2023 Procedural Background Plaintiff initiated this matter by filing her Complaint on March 24, 2022. Defendant was not served until August, and thereafter filed a demurrer to the Complaint on September 16, 2022. Instead of filing an opposition, Plaintiff filed her First Amended Complaint (FAC) on ...

Excerpt: ...ion for unlawful detainer pursuant to Code of Civil Procedure ("CCP") S 430.10 on the grounds that Plaintiffs have not adequately alleged a landlord-tenant relationship. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/24/2023 For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial ...

Excerpt: ...urt of Alameda County. For the following reasons, Plaintiffs motion is granted and Defendant's moton is denied. Analysis The default venue for civil actions is "the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action," but this rule may be overridden by other statutory provisions and is subject to the Court's pow...

Excerpt: ...on Tovar-Gonzales. These facts are taken from Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 04/26/2023 statement of Additional Material Facts in Opposition to Motion for Summary Judgment ("AMF"). Defendants do not dispute these facts. On January 14, 2020, Plaintiff was seen by Defendant Dr. Davis at the Pinnacle Healthcare Clinic in Los Banos, ...

Excerpt: ...Plaintiff owns a single-family home located at 859 Mountain View Drive in Lafayette, California (the "Property"). In approximately 2016, Plaintiff determined that the Property was having problems with subsidence and cracking. Plaintiff contracted with Defendant EagleLift, Inc. ("Defendant" or "Eaglelift") to perform foundation work on the Property to fix the issues. In accordance with the contract, the plans for the work were to be prepared by Al...

Excerpt: ...granted. Pursuant to the Evidence CtNle, "courts have taken judicial notice of the existence and recordation of real property records, including deeds of trust, when the authenticity of the duuments is not challenged." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264.) "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction refl...

Excerpt: ... six causes of action, four against Ford under the Song- Beverly Consumer Warranty Act, Civil Code secton 1790, et seq. (the "Song-Beverly Act which includes California's "Lemon Law;" a cause of action against Ford for fraudulent inducement-concealment; and a sixth cause of action against the dealership for negligent repair. Both Ford and the dealership filed concurrent motons to compel arbitration on February 27, 2023. On April 6, 2023, Plaintif...

Excerpt: ...c.'s Petition. However, given the issues related to requested attorney fees and costs, the Parties are required to appear to discuss. Procedural Background Plaintiff filed her Complaint commencing this action on November 22, 2019. Defendant moved to compel arbitration on June 16, 2021 based on an arbitration provision contained in Plaintiff's employment contract ("Arbitration Agreement"). That motion was granted on August 18, 2021. It appears the...

Excerpt: ...rdan Yudien that Yudien affirmatively misrepresented to the parties in the Prior Litigation that he had submitted the quitclaim deed executed by the Menascos for recording after he received it in September 2018, that he falsely stated in a declaration filed in the Prior Litigation that the County recorder misplaced the quitclaim deed and that he had corrected the quitclaim deed without Plaintiffs' knowledge or consent, and that Yudien recorded th...

Excerpt: ...lease with the entity Richmond Saigon Seafood Harbor Restaurant, Inc. In 2019, specially appearing defendant Chunfu Yu ("C. Yu"), Brother Union Capital Holding, LLC ("Brother"), and Yi Dong entered into a wrtten guaranty of the rent payments with Plaintiff. (Memo. ISO Mot. p. 3, II. 2-6.) Plaintiff filed the complaint initiating this action against C. Yu and his spouse Li Yu in April 2021, alleging claims for fraudulent transfer, breach of the im...

Excerpt: ...round Plaintiffs first amended complaint alleges that on June 25, 2020, she was riding a bicycle in a bike lane on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 5-8.) The FAC alleges a single cause of action for negligence and seeks exemplary damages ba...

Excerpt: ...cond cause of action for violations of Government Code SS 815.2, 815.4, 815.5, 820(a), 830, 835, and 835.2. Defendant mcwes on the grounds that there is no triable issue as to any material fact as to any of Plaintiff's claims against Defendant State and Defendant State is entitled to judgment as a matter of law. As to Summary Adjudication, Defendant State argues that: (1) Defendant State is entitled to summary adjudication as to the Second Cause ...

Excerpt: ...14, 2023. Factual and Procedural Background This matter pertains to a motor vehicle accident that occurred on August 16, 2019 in Brentwood, California. On that date, it is alleged that Plaintiff was driving eastbound on Marsh Creek Road when he signaled and stopped to make a left turn across westbound Marsh Creek Road into his driveway. Defendant Gonzalez failed to stop in a timely manner and collided with the rear of Plaintiff's vehicle. This im...

Excerpt: ...s-complaint. Tulloch sued cross-defendants for (1) professional negligence, (2) breach of written contract (Pacific Union and Compass only), (3) implied indemnity, (4) declaratory relief and (5) enforcement by Tulloch of assignment of Plaintiffs' rights. Cross-defendants demurred to causes of action one, two, three and four based on the failure to state facts sufficient to constitute a cause of action. Negligence (C/A 1) Defendants argue that the...

Excerpt: ...s ("ANM") filed this action for breach of settlement agreement, specific performance, and intentional misrepresentation against Defendant Nikki Bowery on June 29, 2022. On or about March 24, 2021, ANM sold Bowery a Cadillac CTS V (the "Vehicle"). Sometime thereafter, Bowery made various allegations against ANM relating to defects in the Vehicle, which culminated in a Settlement Agreement and Release on June 15, 2022 ("Agreement"). (Ex. A to Decla...

Excerpt: ...on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 6-8.) The FAC alleges a single cause of achon for negligence and seeks exemplary damages based on the "despicable" conduct of defendant Daniel Kvitko fleeing the scene of the accident. (FAC "1 11, 12 and ...

Excerpt: ...on of each of the first five causes of action contained in the operative first amended complaint ("IAC"), which was filed on June 21, 2022. The original complaint in this action was filed on December 15, 2021. The MSA makes two arguments. First, it says that because the easement at issue here is appurtenant, each of the first five causes of action fails as a matter of law. Second, it says that each of the first five causes of action is time-barre...

Excerpt: ...close of business Thursday, March 30, 2023. Factual and Procedural Background Plaintiff owns and resides in real property located at 163 Lakeshore Court, Richmond, California. Defendants own and reside in real properly located at 162 Lakeshore Court, Richmond, California. Defendant's residence is physically located directly over Plaintiff's residence. Both residences are members in a home owners' association ("HOA"). There apparently have been on...

Excerpt: ...d assault; (2) intentional infliction of emotional distress; (3) emotional distress; (4) breach of fiduciary duty; (5) punitive damages. Defendant Jacqulyn Sheppard filed an Answer on March 7, 2022. On June 27, 2022, Plaintiffs filed a motion for summary judgment. The caption for the motion indicated the hearing date was September 26, 2022. On that date, Plaintiffs were informed that the motion was not put on the Court's calendar as it lacked the...

Excerpt: ...fore March 30, 2023. The basis for this ruling is as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 03/15/2023 5 A. The First cause of Acton. The First cause of Acton is for declaratory relief. The Court overrules defendant's demurrer because plaintiffs have adequately alleged an actual controversy over how the subject leases should be interpreted....

Excerpt: ...complaint. Background On September 18, 2022 Defendant Ronald Cirimele, as owner-operator of the vessel Race Breed, took Plaintiff Darlene Dami out on the San Joaquin-Sacramento Delta to spread the ashes of a deceased person. (Compl., ¶ 12.) Plaintiff alleges she was injured after Cirimele “navigated the Race Breed in a dangerous manner, including in a high-speed circular direction (similar to the shore-based vehicle stunt called ‘donuts') up...

Excerpt: ...ent payments specially SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 03/01/2023 appearing defendant Chunfu Yu, Brother Union Capital Holding, LLC ("Brother"), and Yi Dong. (Memo. ISO Mot. p. 3.) Brother was added as a defendant by a Doe amendment filed on June 18, 2022. Plaintiff filed the complaint initiating this action against Chunfu Yu and his spouse L...

Excerpt: ...25) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 03/01/2023 Background 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. (Compl. ¶¶ 1, 6, 10.) Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy that insured the residence for loss caused by fire. (Compl. ¶¶ 1, 9-1...

Excerpt: ...this order in which to amend. Defendant shall have 30 days from service of an amended complaint in which to respond. Legal Standards “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 it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“D...

Excerpt: ...the three causes of action on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e)), and they are uncertain (CCP §431.10(f).) Defendants' demurrer is sustained in part and overruled in part as set forth below. Standard for Demurrer “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 c...

Excerpt: ... is overruled as to the remaining causes of action. Defendant shall file an answer on or before February 23, 2023. The basis for this ruling is as follows. Defendant Richard Bankson. Defendant LLC argues that defendant Richard Bankson is not properly named in certain causes of action. The Court finds that defendant LLC lacks standing to raise this argument on Mr. Bankson's behalf. Plaintiff presumably has served Mr. Bankson with process, or will ...

Excerpt: ...e to amend. Plaintiffs shall have until March 1, 2023 to file and serve an amended complaint. Background This is a Homeowners' Bill of Rights (“HBOR”) action. Plaintiffs obtained a $560,000 mortgage loan secured against real property in Richmond, California. Plaintiffs fell behind on their loan payments. In response, on June 24, 2022, a Notice of Default was recorded on the property. Plaintiffs' application for loan modification was denied. T...

Excerpt: ...ufficient to support each case of action (CCP § 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP § 431.10(f).) Factual Allegations This matter ostensibly pertains to an automobile accident that occurred on May 1, 2013 wherein Plaintiff was injured. (FAC p. 4.) It is alleged that both Plaintiff (through her father's policy) and the other driver were insured by Defendant CSAA. (Ibid.) Following the accident, Plaintiff ...

Excerpt: ...xsons seek an injunction that bars CrossDefendants Thomas Milway and Megan Hansen (“the Milways”) and their guests, family members and service personnel from using Alwin Road. The motion also seeks to bar the Milways from claiming ownership of Alwin Road. The motion requests the Milways stop assault, harassment and other verbal or physical attacks upon the owners of Alwin Road. In deciding whether or not to issue a preliminary injunction, thi...

Excerpt: ...led on December 19, 2022 is brought under just CCP § 657(6). The motion is opposed by Defendant East Bay Utility District (“EBMUD”). For the following reasons, the motion is denied. Brief Factual and Procedural Background The parties are familiar with the facts at issue. Briefly, Defendant EBMUD approached Plaintiffs to discuss purchasing part of their Property in lieu of acquiring it through its power of eminent domain in order to construct...

Excerpt: ...ation; (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. Defendant demurs to Plaintiff's causes of action for (1) conversion, (4) fraud/intentional misrepresentation, (7) negligence, (8) violations of insurance code § 1871, and (9) declaratory relief pursuant to Code of Civil Procedure (“CCP”) § 430.10 and C...