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: ... 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...