Excerpt: ...to allege fraud with the required specificity. In the SAC, Plaintiff alleges that Davis made representations to Plaintiff (by making statements to Boguess and Ryan). Davis is alleged to be a “shareholder, owner, office, director, manager, employee, agent or representative of Terra Steward, Foshay Electric and Kodiak Moon.” (SAC ¶3.) Davis's business card stated that he worked for all three companies. (SAC ¶¶6, 14.) Davis represented to Pla...

Excerpt: ...Defendant in the amount of $345,303.40, but does not identify any specific bank accounts or real property. This motion was previously on for hearing on October 9, 2019. The Court agreed to accept letter briefs on the issue of whether the Court has the authority to attach assets outside of California. For the following reasons, the application is denied. Factual Background Defendant executed a Note Payable in Plaintiff's favor in the amount of $30...

Excerpt: ...e Of Action. The First Cause of Action is for breach of contract. Defendants move for summary judgment in part on the ground that this cause of action is barred by the applicable four‐year statute of limitations. (See, Code Civ. Proc., § 337, subd. (a).) Plaintiff sues on two invoices that came due on May 9, 2010. However, plaintiff did not file suit until August 8, 2017, more than seven years later. The issue presented is whether the two invo...

Excerpt: ...ttempt to state claims for declaratory relief based on an easement by necessity and declaratory relief based on an easement by implication against Defendants. Defendants demur pursuant to Code of Civil Procedure § 430.10(e) and (f) on several grounds. For the following reasons, the demurrer is sustained, without leave to amend. Judicial Notice CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/30/19 ‐ 12 ‐ Defen...

Excerpt: ...n and Emily Shenson and Plaintiffs David Mariampolski and Megan Frantz (collectively, “Plaintiffs”). The FAC and the FAC‐A plead causes of action against the Park District for (4) nuisance; (4‐ a) withdrawal of lateral support; (4‐b) inverse condemnation; and (6) dangerous condition of public property. For the following reasons, the Demurrer is sustained‐in‐part, and overruled‐in‐part. Request for Judicial Notice The Park Distri...

Excerpt: ...bility on the part of Dr. Lee several years after they suit, based upon conversations with an expert consultant. Shortly thereafter, they filed a Doe amendment on September 25, 2018, naming Dr. Lee as Doe 1. Dr. Lee now demurs to the complaint. He argues that the complaint contains no charging allegations against him and that it is uncertain. (CCP § 403.10 (e), (f).) A party who is ignorant of the name of a defendant or the basis for a defendant...

Excerpt: ... Drill Tech's agent or “middle man” for the purpose of purchasing supplies from preselected vendors for use on the Work of Improvement project at SFO International Airport, wherein Plaintiff was a subcontractor. DLD would be paid a 10% commission, calculated as a markup on the costs of goods and delivery charges. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/30/19 ‐ 16 ‐ A dispute arose. Plaintiff allege...

Excerpt: ...y February 13, 2019. Plaintiff filed her original complaint on April 26, 2018 and therein alleged that she was injured when a steel fire door unexpected closed on her. However, after discovery had commenced and the statute of limitations had expired, plaintiff discovered a mistake in her complaint. (See Code of Civ. Proc. § 335.1.) The parties stipulated to allow plaintiff to file an amended complaint, which removed the language relating to a st...

Excerpt: ...xamination of physical items. Bailey v. Superior Court (1970) 4 Cal.App.3d 513, 520‐ 21. The court finds that testing appears reasonably calculated to lead to the discovery of admissible evidence. In making this finding, the court is in no way intimating how it would rule on the admissibility of any results in a further motion for summary adjudication or trial. Test results will be subject to a protective order limiting use to this case. The pa...

Excerpt: ...ed within four years, the petition to vacate or correct an award must be served and filed within 100 days after the service of the award on the petitioner. [Citation.] The same 100‐day limitation applies when vacation or correction of the award is sought by response. … To this latter rule there is only one exception. When the party petitions the court to confirm the award before the expiration of the 100‐day period, respondent may seek vaca...

Excerpt: ... is filed. See Beeman v. Burling (1990) 216 Cal.App.3d 1586, 1604; Lorenz v. Commercial Acceptance Insurance Co. (1995) 40 Cal.App.4th 981, 989. Plaintiff's counsel takes issue with Mr. Bowie's explanation that he “somehow never saw the email” advising him of the January Case Management Conference and the judge's instruction to defense counsel to respond to the Complaint and appear. Plaintiff's counsel also disputes that Mr. Bowie had provide...

Excerpt: ...ARD OF REVIEW “The motion for summary judgment shall be granted 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.” Cal. Code Civ. Proc. § 437c(c). “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgme...

Excerpt: ...ditional Fact Nos. 8, 11, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28.) Further, plaintiffs' claim is not barred as a matter of law by the Statute of Frauds or the Uniform Electronic Transactions Act. Plaintiffs allege that a contract was formed for them to purchase defendants' home in San Ramon California on July 28, 2014 for $1,754,399.00 with no set time for performance. (SAC, ¶ 7.) The contract was extended several times over the years. Defen...

Excerpt: ...��50 partnership in a company known as Side CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/16/19 ‐ 16 ‐ X Side. The parties brought several claims against each other at trial in Circuit Court of the State of Oregon, County of Jackson, Hon. Timothy Gerking presiding. The Oregon court directed verdict for plaintiff Cathy Chapman on several claims, and issued a limited judgment as to the jury awards on competing...

Excerpt: ...T: 21 HEARING DATE: 01/16/19 ‐ 4 ‐ Amended Complaint (“TAC”) filed by Plaintiff Michael J. Hickey and Plaintiff Mercedes V. Hickey (collectively “Plaintiffs” or “the Hickeys”). The TAC alleges claims for (1) wrongful foreclosure; (2) unfair business practices; (3) cancellation of trustee's deed; (4) declaratory relief; (5) violation of Civil Code § 2923.7; (6) violation of Civil Code § 2924.17; (7) violation of Civil Code § 292...

Excerpt: ...nce and negligent hiring. Bernardino is CrossDefendant Clean Carts' president, owner, and chief executive officer and signed the Service Agreement on behalf of Clean Carts. The motion is made on the ground the interests of justice will be served by allowing the filing of the amended cross‐ complaint. Here, Plaintiff Bruce Lohmann was injured when the “Gatekeeper wheel” abruptly and unexpectedly locked on the Safeway shopping cart that he wa...

Excerpt: ...T MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/16/19 ‐ 12 ‐ Defendant demurs pursuant to Code of Civ. Proc. § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial notice of several documents from the Contra Costa County Recorder Office. Plaintiff objects to this Request. Defendant's request for Judicial Notice is grante...

Excerpt: ...vidually by their first names to avoid confusion.) David alleges that he took over the mortgage payments and other carrying costs for the property beginning in 2010, and he and his parents intended that he take title. But due to a series of recording errors, this never occurred. In a 2011 deed, David erroneously transferred his 50% interest in the property to his parents, instead of the other way around. A 2015 deed corrected this, purporting to ...

Excerpt: ...TRO or Injunctive Relief) Causes of Action. Pursuant to CCP § 437c(f) and (o), Defendants move for summary adjudication on the ground each cause of action lack merits because the Strassers cannot establish one or more elements of the right to a prescriptive or equitable easement over the dispute triangle. Defendants have not established they are entitled to summary adjudication of these causes of action as a matter of law. “The motion for summ...

Excerpt: ...nst Defendant was due to extrinsic fraud, attorney mistake, and excusable neglect. For the following reasons, the motion is granted. Request for Judicial Notice Plaintiff requests judicial notice of several facts. This Request is unopposed. However, whether Defendants Siamak Shemirani or Hasan Redzic had valid contractors' licenses or whether Caspian Enterprise, Inc. has ever been licensed in California is not susceptible to judicial notice. The ...

Excerpt: ...reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code of Civil Procedure §473(b).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/09/19 ‐ 13 ‐ Courts are clear that the deadline to seek to set aside a default is six months from the entry of the default. “The six‐month time limit for granting statutory relief is jurisdictional and the cou...

Excerpt: ... granted herein. See Order Shortening Time on Order to Show Cause Why a Preliminary Injunction Should Not Issue, and an Expedited Discovery Order. It now determines whether the preliminary injunction should issue. BACKGROUND 1. Stearns' business Plaintiff Stearns asserts that it is a nationwide market leader in the mortgage industry. It does not do business with homeowners seeking mortgage loans; rather, it courts mortgage brokers who then deal d...