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: ...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: ... 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: ...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: ...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: ... (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: ... 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: ...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: ...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 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: ...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: ... 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: ...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: ...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: ...“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: ...� 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: ... 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: ...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: ...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...