Excerpt: ...all file and serve a new fourth amended complaint by September 15, 2021. The proposed fourth amended complaint does not currently comply with the ruling on the demurrer. Therefore, before the filing of the fourth amended complaint, the parties must do the following: Plaintiff will prepare a new proposed fourth amended complaint and serve it on Defendants by August 18, 2021 (service must include email so the Defendants can promptly review the chan...

Excerpt: ...urrer is sustained as to the entire Second Amended Complaint (“SAC”) on two fully independent procedural grounds. The basis for this aspect of the Court's ruling is as follows. A‐1. Untabbed Exhibits. The voluminous exhibits to the SAC are not tabbed. This omission flouts the express instruction in the Court's ruling on the original demurrer, heard on May 20, 2020: Plaintiffs shall file and serve any amended complaint on or before June 19, ...

Excerpt: ...f real property in Antioch and an alleged failure to disclose the risk of flooding at the property. On July 6, 2009, Plaintiff obtained an order allowing for service by publication on Defendants Shulba and Hoffman. The Defendants were served by publication through the San Mateo Daily Journal with notice posted three times in that newspaper in July and August 2009. A default was entered against the Defendants on October 8, 2009. Other defendants n...

Excerpt: ... entered into a Business Loan Agreement with Plaintiff Retail Capital, LLC. Defendant Mohamed Baz, president of Cisco Medical, signed the Agreement on behalf of Cisco Medical. Defendant Mohamed Baz executed in writing a Personal Guaranty for the loan of $43.200. Defendant Cisco Medical became obligated to make daily payments of $206.94 until the sum of $59,184.00 was paid. Plaintiff alleges Defendant defaulted on the loan on or about July 20, 201...

Excerpt: ...plaint no later than August 25, 2021. If Seddick does not file an amended cross‐ complaint by August 25, 2021 then Cross‐Defendants shall file and serve their answer by September 8, 2021. The Case Management Conference scheduled for August 19, 2021 is continued to September 30, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/28/21 ‐ 13 ‐ Seddick filed a cross‐complaint against the Plaintiffs / Cros...

Excerpt: ...aintiff Kathleen Lewis alleges she tried to purchase a mobilehome located in a mobilehome park owned and operated by Defendant LH Concord Property, LLC ("LH Concord"). She alleges her residency application was improperly denied, that the owners of the mobilehome she wanted to purchase sold the mobilehome to another buyer, and Plaintiff was forced to purchase a more expensive mobilehome elsewhere. She alleges seven causes of action against LH Conc...

Excerpt: ...24, 2018, when a tree branch on the property of Pepperhill fell on him as he was walking on an adjacent sidewalk. Pepperhill filed a Cross‐Complaint for Equitable Indemnity, Contribution, and Declaratory Relief against A Plus. A Plus demurs, arguing the Cross‐Complaint fails to state a cause of action for indemnity, is uncertain in failing to allege what A Plus did wrong, and, to the extent it is based on a contract, fails to state whether th...

Excerpt: ...liability and (2) failure to warn. Plaintiff withdrew his claim for failure to warn and his request for punitive damages on June 18, 2021 but did not otherwise oppose Defendant's Demurrer. In that same filing, counsel for Plaintiff also stated “Plaintiff's own experts are in the process of conducting further tests” and that the “testing required purchase of new garage motors which will arrive June 18, 2021, with anticipated testing by July ...

Excerpt: ...ner shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Tripathi. The proposed judgment shall attach a copy of the Final Award dated October 16, 2019 and the Post Arbitration Decision re Attorney's Fees and Costs dated December 7, 2019 as properly tabbed exhibits to the judgment. (Cal. R. Ct. 3.1110(f).) Factual Background This dispute arises out of a breach of a sublease with related claims (Pet. To Confirm...

Excerpt: ... of action and sustained with leave to amend as to seventh cause of action. Plaintiff may file and serve an amended complaint that only adds allegations for the negligence cause of action by August 18, 2021. This order does not address the pending motion for leave to file a fourth amended complaint, which may give Plaintiff leave to further amend her complaint. Farrah: Defendants argue that there are no factual allegations in the Third Amended Co...

Excerpt: ...attorneys' fees and for an order requiring Defendant to post an undertaking of $60,000 as a condition to vacating the default are both denied. Factual Background Creditors Adjustment Bureau, Inc. ("Plaintiff") filed a complaint for money on August 28, 2020 and filed a first amended complaint on October 14, 2020 against defendants Vista Development Enterprises, Inc. ("Vista") and the moving party, Mijosa, LLC. The first amended complaint demands $...

Excerpt: ... damages that plaintiff can recover in this action. An intent to benefit Alpine is not clear from the face of the contract or from the extrinsic evidence that Alpine has filed. (Plaintiff's Additional Fact No. 1; contract attached as Alpine's Ex. A; Ex. B to Bowles Decl., Saleem Depo., at 61:3‐ 4.) This is not a ruling that as a matter of law Alpine is not a thirdparty beneficiary of Eaglelift's contract with plaintiff, only that the matter has...

Excerpt: ...ant of Good Faith and Fair Dealing) Causes of Action. The demurrer is otherwise overruled. Any amended complaint shall be filed and served on or before August 4, 2021. Background Plaintiff Alannah Kull was a residential tenant at 3537 Walnut Avenue, Unit A in Concord from approximately September 1, 2018 to March 31, 2019, when Plaintiff was constructively evicted. She alleged substantial defective conditions existed at the Subject Property, which...

Excerpt: ...ns set forth, the Court rules as follows: (a) the special demurrer to the FAC as a whole for uncertainty under Code of Civil Procedure § 430.10(f) by the USSPOSCO Defendants is overruled; (b) the general demurrer by UPI to the first and fourth causes of action under Code of Civil Procedure § 430.10(e) are overruled; (c) the general demurrer by USS and POSCO‐Cal to the first and fourth causes of action for failure to state a claim under Code o...

Excerpt: ...fendants Jeff Anderson and Jeff Anderson & Associates PA published an attorney advertising brochure entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” Plaintiff's photograph, taken over 30 years ago is mistakenly included as the picture of “Fr. Edward F. Beutner.” Additionally, the Anderson Defendants held a news conference on October 23, 2018, during which pictures of the priests...

Excerpt: ...& A Medical Supply Company, Inc., entitled “Consultant Pharmacist Corporate to Corporate Agreement” in which the plaintiffs agreed to provide pharmacist services to the defendant. (First Amended Complaint, hereinafter “FAC,” ¶4.) Plaintiffs performed under the contract and billed defendant. (FAC, ¶5.) Defendant breached the contract when it failed to pay plaintiffs' invoices from about April 2016 through May 2017. (FAC, ¶6.) Damages ca...

Excerpt: ...as a matter of law. In citing the evidence supporting this ruling and including both disputed and undisputed material facts, the court generally accepts plaintiff's version of any disputed fact. In effect, the court is ruling that the dispute and plaintiff's additional facts are immaterial; the City prevails as a matter of law anyway. (See Defendant's Material Fact Nos. 1‐14.) Background This case arises out of an incident that occurred on Febr...

Excerpt: ...(f), and for failure to state a claim on which relief can be granted under Code of Civil Procedure § 430.10(e). Plaintiff shall file her Second Amended Complaint by June 30, 2021. Background The Amended Complaint alleges claims for violation of the Song‐Beverly Consumer Warranty Act, Civil Code § 1790 et seq. ("Song‐Beverly Act") without identifying separate causes of action in the text of the pleading. (Am. Compl. ¶ 5.) Plaintiff alleges ...

Excerpt: ...of Business and Professions Code section 17200, negligent / intentional misrepresentation, and declaratory relief. Defendant Ocwen opposes this motion. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) Leave to amend can be denied where there is “ ‘inexcusable delay and probab...

Excerpt: ...granted with respect to the second, third, and fourth causes of action. Plaintiff fails to present evidence of fraud, negligent misrepresentation, and NIED, but as to the alleged breach of oral contract, defendants have failed to shift the burden to plaintiff and triable issues of fact exist. Background This is a dispute between twin brothers, plaintiff Derk Beal (“Derk” or “Plaintiff”) and defendant Derek Beal (“Derek” or “defendan...

Excerpt: ...Amended Complaint (“FAC”) for (1) breach of contract; (2) negligent misrepresentation; (3) specific performance; (4) breach of the implied covenant of good faith and fair dealing; and (5) bad faith. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) breach of contract: all three Liberty Mutual entities demur to this cause of action pursuant...

Excerpt: ...y for convenience, the "Target Businesses"). For the reasons set forth, the motion for appointment of a receiver is denied, and the alternative motion for appointment of a monitor is also denied. Background On September 10, 2020, Plaintiff Janice Alamillo ("Janice") filed a complaint alleging 29 causes of action for conversion, fraud, breach of fiduciary duty, and other claims against Laurence Alamillo, her former spouse ("Larry"), the family com...

Excerpt: ... Cause of Action. The amended complaint shall be filed and served on or before June 23, 2021. Background Plaintiff Land Home is engaged in the business of making, brokering, and servicing residential home loans. Defendant Ernesto Gomez was first hired by Land Home in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originator Employment Agree...

Excerpt: ...a preliminary matter, the Estate requests the Court take judicial notice of the complaint in this matter. The request is denied. The complaint is part of the Court's file in this matter, and so judicial notice is superfluous. The Court may consider the pleadings in this matter in connection with deciding the MSJ. Legal Standard The Estate contends that this action has no merit under CCP section 437c(a)(1). Section CONTRA COSTA SUPERIOR COURT MART...

Excerpt: ...t and second causes of action, with leave to amend, and otherwise overruled, as further discussed below. Any amended complaint shall be filed and served by June 4, 2021. Background In June 2015, parties entered into a lease agreement whereby Fitness International agreed to lease property from National Retail in order to operate a “health club and fitness facility.” (FAC, ¶14; see also Lease, Exhibit A to First Amended Complaint, at § 9.1.) ...

Excerpt: ...to amend, the time to answer shall run from that date. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/19/21 ‐ 18 ‐ Factual Background Plaintiff, Eid Othman, alleges he purchased a new 2017 Cadillac Escalade ESV from an undefined “Seller” on or about November 25, 2018 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) He walked the dealership (Concord Chevrolet) in search of a 2017 Ca...

Excerpt: ...t to amend, the time to answer shall run from that date. Factual Background Plaintiffs, Sherrie and Phillip Henderson, allege they purchased a new 2016 GMC Sierra 1500 from an undefined “Seller” on or about May 30, 2016 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) They walked the dealership (Lehmer's Concord Buick GMC) in search of a new GMC Sierra 1500 Vehicle would fit their needs, while assisted by a salesperson...

Excerpt: ...fs claim they are entitled to punitive damages. For punitive damages to be awardable, plaintiff must plead facts showing the defendant acted with malice, fraud, or oppression and not just those legal conclusions. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166; see G. D. Searle & Co. v. Sup. Ct. (1975) 49 Cal.App.3d 22, 29.) Plaintiffs concede they are not seeking punitive damages based on malice. Impliedly, they concede they are not see...

Excerpt: ...iff Fred Jahed leased a 2018 Nissan Versa on September 25, 2018 for his family's personal use from a Hertz office in San Ramon, California. When his wife, plaintiff Golnazar, first started up the vehicle, the car went forward even though she had placed it in reverse. Not realizing the significance of this occurrence, she proceeded to drive it anyway. Later, while driving down a hill after she picked up her son from a basketball practice, she lost...

Excerpt: ... and (3) prohibit any future physical obstructions to be placed within the 11‐foot easement pending this litigation. Preliminary Injunction Standard In order for injunctive relief to be available, Plaintiffs must show that they meet one of the requirements listed in Code of Civil Procedure section 526(a). Plaintiffs are alleging that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/19/21 ‐ 3 ‐ Defendants are ...

Excerpt: ...s, and Negligence, as well as factual allegations in support of same and a prayer for attorney's fees and costs under the Davis‐Stirling Act. Defendant Bas of Tassajara II Homeowners Association opposes the motion on the grounds that the proposed amendments are not “in furtherance of justice” and that it is prejudiced by the proposed amendments. Defendant also requests that if the Court grant the motion, that it be conditioned on several te...

Excerpt: ... his former client Ms. Lukchi owes him for his services as her counsel in a marital dissolution proceeding. The proof of service of the summons and complaint in the Court file shows service was effectuated by subservice on defendant in Boca Raton, Florida on December 26, 2020. Plaintiff filed a request to enter defendant's default and for default judgment on February 11, 2021. On March 10 2021, Plaintiff refiled the request for entry of default a...

Excerpt: ... not considered the opening declaration of John Pecci, filed on February 11, 2021. Nor has the Court considered the opposition declaration of Tanner Brink, filed on April 29, 2021. Such declarations are not proper: This is not summary judgment or trial; it is demurrer. Our task is to treat the wellpleaded allegations of the complaint as true and determine whether the complaint states facts sufficient to constitute a cause of action. [Citation omi...

Excerpt: ...e of Action is denied. A factual issue exists whether Valentine was a member of ZLAJ as of July 16, 2014, given that the his title on the May 2015 Statement of Information for ZLAJ was “Managing Member,” yet in testimony he denied ever being a member of ZLAJ. (See Donchin v. Guerrero (1995) 34 Cal.App.4th 1832, 1839‐1840.) Because summary adjudication is denied as to at least one cause of action, summary judgment is also denied. Background ...

Excerpt: ...ess keyless entrypad used to input a code to open a garage door and a Craftsman 1/2 horsepower garage door motor. On December 16, 2020, the Court denied Mr. ElKhoury's motion for class certification for the reasons stated in the Court's ruling of that date, including the fact that Plaintiff's second amended complaint ("2AC") did not include the allegations necessary to support class certification. Mr. ElKhoury seeks leave to file the 3AC to "cure...

Excerpt: ...ke or neglect. The motion is granted. Defendants shall prepare, file, and serve the proposed responsive pleadings attached to counsel's declaration on or before May 3, 2021. Background In 2019 One Gro and Island Breeze Systems, LLC (“plaintiff”), entered into a Settlement Agreement requiring One Gro to pay plaintiff $450k in installment payments from April 15, 2019 through December 23, 2020. As security for the agreement, in addition to a per...

Excerpt: ...posts are protected activity. Plaintiff does not oppose this point. The Court agrees with Defendant that the statements made on realtor.com and yelp.com are protected activity. (Code of Civil Procedure § 425.16(e)(3).) Commercial Speech Plaintiff argues that the commercial speech exception applies here. Plaintiff has “[t]he burden of proof as to the applicability of the commercial speech exemption… .” (Simpson Strong‐Tie Co., Inc. v. Gor...

Excerpt: ...019: the Third Cause of Action for negligence, the Fourth Cause of Action for intentional fraud, and the Fifth Cause of Action for negligent misrepresentation. The motion is granted without leave to amend as to defendant SLS. The motion is moot as to defendant U.S. Bank, because that defendant is not named in the three causes of action that are the subject of the motion. (4AC, p. 8:25‐26; p. 10:4‐5; p. 11:16‐17.) Defendants have already fil...

Excerpt: ...wned by Chesley. Chesley was served with the complaint on January 27, 2020. (ACC ¶ 2.) Chesley filed claims with the County and with cross‐defendant East Bay Municipal Utilities District ("EMBUD") on July 1, 2020. (ACC ¶ 2.) On July 2, 2020, Chesley filed a cross‐complaint against the County and EMBUD for indemnity and declaratory relief. On August 11, 2020, the County rejected Chesley's claim. Chesley filed its ACC on December 11, 2020, al...

Excerpt: ... writ portion of this case. Defendants made no showing that the Court's order on the writ was final for purposes of issue or claim preclusion. Thus, those doctrines do not apply. Both parties have failed to discuss the law of the case doctrine and the standards for when a trial court may reconsider its rulings. “Where an appellate court states in its opinion a principle or rule of law necessary to its decision, that principle or rule becomes th...

Excerpt: ...nted as to Issues 1 and 3 and denied as to Issues 2 and 4. Background Plaintiff Solvay USA Inc.'s predecessor, Rhone‐Poulenc Inc., owned property commonly known as 525 Mass Avenue in Richmond. As part of an eminent domain action involving a portion of the property for purposes of constructing the Richmond Parkway Freeway, Defendant City of Richmond entered into a Right‐of‐Way Contract with Rhone‐Poulenc on or about May 15, 1996. The City ...

Excerpt: ... of Action Stephen Sutta alone demurs to the First Cause of Action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/07/21 ‐ 2 ‐ The First Cause of Action alleges that Sutta gave plaintiff a 10% ownership interest in Sutta‐Tacoma in 2009 and in early 2013 increased that to 20% in lieu of cash bonuses. (4thAC, ¶ 7, 8.) Sutta‐Tacoma merged with several other companies in December 2013 to form The Sutta Compa...

Excerpt: ...of action were not numbered, but each claim had a separate heading and a separate request for relief. Defendants demur to cause of action one based on the failure to state a cause of action for intentional infliction of emotional distress. The complaint alleges that Plaintiff was a tenant at Defendants' property. Plaintiff provided notice of termination of the tenancy to Defendants with an intent to vacate on April 27, 2020. (Comp. ¶2.) Plaintif...

Excerpt: ...s of law and fact, the motion is granted. The cases shall be consolidated for all purposes into the civil action. Background In 2015, parties entered into a lease agreement whereby Fitness International agreed to lease property from National Retail in order to operate a “health club and fitness facility.” (Lease, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/24/21 ‐ 15 ‐ Exhibit A to First Amended Compla...

Excerpt: ...ven N. Scherner and other defendants. The STA is seeking to acquire title to property owned by defendant Mr. Scherner as well as a temporary construction easement to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/24/21 ‐ 13 ‐ implement a construction project related to the Interstate 80/Interstate 680/State Route 12 Interchange Project. (Compl. ¶¶ 5 6, Exhs. A, B, C.) Mr. Scherner has answered, claiming the...

Excerpt: ...and various Ignite Farm entities controlled by Joseph Rainero, the principal behind JBJ, signed two other settlement agreements totaling $3.5 million (one agreement for $1.5 million payable in October 2018 and the other for $2.0 million payable in July 2019). Donati signed the latter two agreements in his individual capacity rather than on behalf of Sun Beef. Rainero personally guaranteed the $2.0 million agreement. The key issue in this case is ...

Excerpt: ...ded Complaint (“FAC”) for (1) negligent misrepresentation; (2) constructive fraud; (3) cancellation of instruments (Civ. Code § 3412); (4) violation of Business and Professions Code § 17200 et seq.; (5) violation of Civil Code § 2924(a)(6) & 2924(f); (6) declaratory relief; (7) violation of civil code § 2923.5 & § 2923.55; (8) violation of the Fair Debt Collection Practices Act (15 U.S.C. § 1692(6); and (9) punitive damages. For the fol...

Excerpt: ... otherwise sustained with leave to amend. Plaintiff shall file and serve her amended complaint by April 1, 2021. Plaintiff Marion Trentman‐Morelli, individually and as trustee of the Morelli‐Trentman Living Trust, have sued her neighbors Carlo and Farrah Panetta for (1) nuisance, (2) trespass, (3) injury to real property, (4) assault, (5) intentional infliction of emotional distress (6) elder abuse, (7) waste, and (8) declaratory relief. (The...

Excerpt: ...fornia. On or about August 9, 2019, prior to close of escrow, Plaintiff retained Defendant WIN Home Inspection of San Ramon to conduct a property inspection and to provide a home CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/17/21 ‐ 9 ‐ inspection report. Plaintiff alleges Defendant failed to adequately discover and advise of the magnitude and problems created by the extent of water underneath the house. Mot...

Excerpt: ...re § 391 et seq. Plaintiff filed a Response on January 22, 2021. For the following reasons, the motion to furnish a security is granted. Plaintiff is ordered to furnish a security in the amount of $7,000.00 by April 2, 2021, three weeks before the trial date of April 23, 2021. Request for Judicial Notice Defendant requests Judicial Notice of several pleadings and other documents from this case as well as the docket of case no. C20‐00274. The R...

Excerpt: ..., then on or before March 24, 2021, defendant Mr. Ramirez shall file a supplemental declaration in support of the motion accompanied by his proposed answer to the complaint and serve the supplemental papers on counsel for Plaintiff with notice of the continued hearing. Factual Summary Plaintiff filed the complaint initiating this action in December 2019, alleging claims for conversion, breach of fiduciary duty and unjust enrichment on an alleged ...

Excerpt: ...at least seven civil and probate actions in Contra Costa and Butte Counties. This latest lawsuit is by the second youngest sibling, Joseph Garaventa, for alleged violations of the Racketeering Influenced Corrupt Organizations Act (“RICO”) and state law claims, based on a threat of physical violence, and acts of mail fraud, wire fraud, or tax fraud. Defendants argue this lawsuit arises entirely from their actions in bringing and defending laws...

Excerpt: ...Club golf course on August 4, 2020. Plaintiff alleges that on the evening of August 4, 2020, he was walking on a walkway between the 18th CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/10/21 ‐ 3 ‐ green and the driving range at the country club, where he is a member, when Mr. Iler allegedly physically struck him, screamed at him in close proximity without a mask spraying spittle, called him a profane name, an...

Excerpt: ...Commons"). For the reasons set forth, the petition is denied, and the request to stay the action is denied. Factual Background and the Petition This action alleges claims for professional negligence against the Hirsch Firm, Hirsch individually, the law firm Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois"), and Joann Rangel of the Lewis Brisbois firm arising out of their representation of Campus Commons in the case Prinz v. Campus Commons et...

Excerpt: ...d, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” Defendants included Plaintiff's photograph as one of the 135 priests who had been accused of sexual abuse. Plaintiff's picture is mistakenly included as the picture of “Fr. Edward F. Beutner.” Additionally, Plaintiff's photograph was displayed during a news conference held by Defendants and appeared on the front page of the East Bay Time...

Excerpt: ...sician who interacted with plaintiff only on March 14, 2017, but did not take over plaintiff's cardiology care because plaintiff elected to keep Dr. Tsang as her cardiologist then. Plaintiff's expert has not established he knows anything about the role of on‐call cardiologists in the United States or what the standard of care is for telephone consultations obtained from on‐call cardiologists by emergency room doctors in the United States. (Se...

Excerpt: ...and were directed to send the court the names of 3 qualified nominees, along with their hourly rates. On July 8, 2020, the court selected Judge Hight, a referee nominated by the defendants. Plaintiff timely prepared the order. Unfortunately, the court was slow to process it and the order was not filed until September 2, 2020. The order appoints Judge Hight “pursuant to CCP 639(a)(5) to serve as discovery referee for the management of all discov...

Excerpt: ...ion. Code Civ. Proc., § 1281.2 provides that when none of the statutory exceptions apply, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists.”...

Excerpt: ...iscussed below. Relevant Background On March 9, 2018 cross‐ defendants Greg and Jennifer Jerum (“Jerums” or “Buyers”) entered into a contract for the purchase of vacant land from cross‐complainant, First Group Investments, LLC (“First Group”). The legal description of the property set forth in the agreement did not include certain adjacent vacant areas that formed part of a roadway abandoned by the City of Richmond in 1963 (“Aba...

Excerpt: ...contends that Mr. Hodges failed to timely disclose an expert witness and failed to fully advise Dr. Andrew of the consequences of the Stipulated Settlement and Disciplinary Order. She claims that Mr. Hodges' negligence resulted in her agreeing to an unfavorable settlement that effectively precluded her from practicing medicine. Deputy Attorney General Keith Shaw represented the Board in the disciplinary proceedings against Dr. Andrew. Defendants ...

Excerpt: ... with leave to amend. Factual Background Alleged in the TAC This case arises out of allegedly defective window installed in a home built by plaintiffs the Patels in 2002 and 2003. (TAC ¶ 8.) Defendant JW manufactured windows and doors included in the residence. The TAC includes five causes of action. JW demurs to the first and second causes of action (negligence and strict liability) based on the economic loss rule. JW demurs to the fourth and f...

Excerpt: ... adjudication. However, plaintiff's counsel acknowledges in his opposition declaration that plaintiff is no longer pursuing defendant on the negligence theories stated in the Second Cause of Action. (See, Ross Dec., filed on 1‐20‐21, ¶¶ 6‐7; Opposition Separate Statement, filed on 1‐20‐21, response to Fact Nos. 15‐28.) The Court encourages plaintiff to consider voluntarily dismissing the Second Cause of Action, just as plaintiff has...

Excerpt: ...iver it to plaintiff's counsel by October 30, 2020; and (2) remove the poor cyclone fencing across the easement to rear of her property. In accord with the agreement, defendant was allowed, at her expense, to fence the rear of her property provided she include a gate for plaintiff's ingress and egress. Plaintiff maintains defendant has once more failed to comply with the settlement agreement. Signing the Easement Paperwork Plaintiff complains tha...

Excerpt: ...rty . . . in any action which has resulted in the enforcement of an important right affecting the public interest if . . . the necessity and financial burden of private enforcement . . . are such as to make the award appropriate.” On July 28, 2020, the City approved placing Measure V on the November ballot. Petitioner took issue with much of the language in the measure and also preemptively objected to the City's impartial analysis of the bill....

Excerpt: ...ce and for a paint touch up. After the service, soon after Plaintiff left the dealership, a warning signal, “Chassis Function Restricted” lit up the dashboard. Plaintiff returned the vehicle for repairs. When Plaintiff picked up his vehicle, he was verbally assured that his car had been fixed and it was absolutely safe to drive. On the drive away from the dealership, the suspension completely failed. Plaintiff alleges he was suffered injuries...

Excerpt: ...ntiffs allege that Defendant Parham Adib was driving a vehicle that collided with Plaintiffs' vehicle. It is alleged that Parham was speeding and drove through a red light. Plaintiffs also allege that Parham was intoxicated with narcotics and/or alcohol at the time of the accident, was driving without a valid license and was using a mobile device without a hands free device at the time of the accident. Mohammadreza is Parham's father and let Parh...

Excerpt: ...n or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originator Employment Agreement, collectively referred to as the “LO Agreement.” Under the LO Agreement, Plaintiff employed Gomez to originate loans and to manage the Land Home branches in Modesto and Merced. The Agreement contained provisions protecting Land Home's confidential materials and info...

Excerpt: .... Defendants demur to both causes of action based on the failure to state facts sufficient to state a cause of action and for uncertainty. Wrongful Death (C/A 1) Plaintiff alleges that both Life Generation and GHC of Walnut Creek owned, operated, managed and/or maintained a licensed skilled nursing facility. (FAC ¶3.) Plaintiff also alleges they neglected Decedent's care. (FAC ¶15.) Specifically, Plaintiff alleges that Decedent became constipat...

Excerpt: ...FAC”) filed by Plaintiff and Cross‐Defendant Regina Enterprises, Inc. dba Shapes Fitness for Women (“Plaintiff” or “Regina Enterprises”). The FAC alleges causes of action for (1) breach of contract, (2) fraud (intentional misrepresentation), and (3) fraud (promise without intent to perform). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/27/21 ‐ 5 ‐ Defendants demur generally and special demur to ...

Excerpt: ...nts' motion to compel arbitration is granted. Plaintiff is directed to properly tab exhibits in all future filings. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) A. Defendant Bridgestone Corporation. Plaintiff argues that arbitration should be denied because one of the two Bridgestone entities, Bridgestone Corporation, is not named as a party to the arbitration agreement. This argument is lacks merit for two independent reasons. First, the ...

Excerpt: ... to pay reasonable compensatory legal fees and costs to defendants Maa and Nguyen of $1,000.00 on or before February 4, 2021. Plaintiffs may file their Third Amended complaint once Mr. Enyinwa makes that payment. Mr. Enyinwa is not ordered to pay anything to defendants John Muir Medical Group, Alibeigi and Huynh, because plaintiffs' motion under the attorney fault provisions of CCP § 473 (b) is not intended to correct any defect noted by those d...

Excerpt: ...esented facts demonstrating the cases to be coordinated are complex. Background Plaintiff Solano Affordable Housing Foundation (“SAHF”) specializes in providing affordable housing for residents in Solano County and adjoining counties. Defendant Thomas Alborg is an attorney, whose principal place of business is in Walnut Creek. In September 2017, Plaintiff sought legal advice from Alborg as to any potential adverse legal exposure to SAHF or it...

Excerpt: ...tate") against three unions representing teachers and other employees of the District, San Ramon Valley Education Association ("SRVEA"), California School Employees Association, Chapter 65 ("CSEA"), and Service Employees International Union, Local 1021 ("SEIU"). For the reasons set forth below, the Court rules as follows: (1) demurrers by all defendants to the first cause of action for declaratory relief are sustained, with leave to amend; (2) de...

Excerpt: ...evidences; and (5) unnecessary early deposit. Defendant demurs to the Complaint pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action against the City, a public entity, which is only liable by statute. Defendant also demurs pursuant to CCP § 430.10(f) on the grounds that Plaintiff's Complaint is uncertain. For the following reasons, t...

Excerpt: ...n is denied. Introduction This is a property damage case wherein plaintiffs claim that excavation activities and soil subsidence related to the construction of school facilities caused damage to their houses. Campos was a subcontractor who performed landscaping and tree removal for a prime contractor, Bay Cities. In Campos' moving papers, it does not meet its burden to demonstrate that one or more elements of Bay Cities' causes of action—here, ...

Excerpt: ...itself, and the demurrer generally states what subdivision of section 430.10 of the Code of Civil Procedure the defendant is asserting and thus whether the demurrer is general or special. (See CCP § 430.10; CRC 3.1112 (a)(2) and 3.1320 (a).) Plaintiff has not been misled, however. Defendant explicitly demurs for uncertainty but implies it is demurring for failure to state a cause of action as well. (Opening Brief at 3:27, 4:7, 4:17.) CONTRA COST...

Excerpt: ...nt Supervision (Cause of Action Two) In the second cause of action, Plaintiff alleges that the District negligently failed to supervise Souza. The District argues that Plaintiff cannot show that any defects in supervision were a legal cause of Plaintiff's injuries. Plaintiff fainted on February 22, 2018 during Deborah Souza's class. During the 2017‐ 2018 school year, the classroom was equipped with standing desks. After winter break, the chairs...

Excerpt: ...opposition brief should be stricken based on untimely service. Code of Civil Procedure section 1005, subdivision (c) requires that opposition papers be served in a manner calculated to ensure delivery no later than the next business day after they are filed. At the latest, opposition papers must be filed and served on the ninth day prior to hearing. (Code Civ. Proc., § 1005 (b).) Contreras filed her opposition on December 16, 2020 without attach...

Excerpt: ... On or about June 2, 2020, Manuel Garcia issued a stop notice and bond claim stating that he furnished services on grading and paving the San Pablo parking lot. The notice directed the City of San Pablo to stop payment on the $25,640 owed to Overaa. Mr. Garcia claims an equitable lien on the funds. Mr. Powell, the Vice President of Overaa, responded on August 19, 2020 with an affidavit demanding release of the funds. The affidavit contends Mr. Ga...

Excerpt: ...he motion for summary judgment is denied, and the motion for summary adjudication of the first, second and third causes of action is also denied. Legal Standards for Granting Summary Judgment and Summary Adjudication A plaintiff may move for summary judgment if plaintiff contends there is "no defense to the action," that the papers show "there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of la...

Excerpt: ...c).) Summary adjudication is denied as to the First Cause of Action, under Penal Code section 502 (e), because of a disputed factual issue whether Spence downloaded and copied emails without permission and because of GP21's failure to meet its initial burden to prove its damages were reasonably incurred. (Disputed Material Fact (“DMF”) Nos. 9, 16; Sutta Decl., ¶ 14‐20; Pen. C § 502 (e)(1).) Summary adjudication is denied as to the Second ...

Excerpt: ...laint in this action, the second amended complaint, is not a putative class action complaint. It does not comply with the Rules of Court regarding the form of a class action complaint. (See CRC 3.761.) Rule 3.761(a) provides: “A complaint for or against a class party must include in the caption the designation ‘CLASS ACTION.' This designation must be in capital letters on the first page of the complaint, immediately below the case number but ...

Excerpt: ...ion and order to the Court before then that addresses the State's involvement in this case. (The Court understands that the parties have an agreement on the State's involvement in cause of action one, but there is no order addressing this issue.) Cross‐Complainants the Oznowiczes sued the State for eight causes of action in the First Amended Cross‐Complaint. Later, the Oznowiczes dismissed the State from causes of action two through seven. Th...

Excerpt: ...ary 16, 2019 against PROS and other defendants contains five causes of action and the Third Cause of Action is not the only one alleged against PROS. PROS is listed as a defendant in the First Cause of Action (General Negligence), as well. Accordingly, SNCC's motion for summary judgment is denied. The motion does not establish that SNCC is entitled to judgment as a matter of law as to all claims that SNCC has asserted against PROS. (CCP § 437c (...

Excerpt: ...g an Order to Show Cause directed to all parties to address why the Court should not stay this case pending the determination of the appeal ("Pending Appeal") of the order granting in part Plaintiffs' motion to enforce the General Mutual Release and Settlement Agreement made on or about September 20, 2018 ("Settlement") resolving the underlying action between the parties, Menasco v. Kilarr, Case No. MSC16‐01460 in this Court (the "Prior Litigat...

Excerpt: ...led a First Amended Complaint on October 26, 2020. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant requests judicial notice of several county recorder documents, correspondence from Nationstar Mortgage LLC dba Mr. Cooper, and Plaintiff's declaration in support of his ex parte application for TRO (Ex. I). Unfortunately, Exhibit I appears to be missing from the RJN; however, this d...

Excerpt: ...ary 16, 2019 against PROS and other defendants contains five causes of action and the Third Cause of Action is not the only one alleged against PROS. PROS is listed as a defendant in the First Cause of Action (General Negligence), as well. Accordingly, SNCC's motion for summary judgment is denied. The motion does not establish that SNCC is entitled to judgment as a matter of law as to all claims that SNCC has asserted against PROS. (CCP § 437c (...

Excerpt: ...ords, “and treble damages pursuant to Civil Code § 3345” CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/09/20 ‐ 23 ‐ are stricken, without leave to amend. 2. Denied. 3. Denied. 4. Denied. 5. Denied. The court makes no determination on this motion to strike whether plaintiff will be entitled to any attorney's fees regarding the Second Cause of Action. 6. Denied as moot. Plaintiff has stated she will dismi...

Excerpt: ...n pending the determination of the appeal of the order granting in part the motion to enforce the settlement in the Prior Litigation (defined below) with an opportunity for briefing by all parties. Factual Background Plaintiffs have sued Jordan Yudien for breach of fiduciary duty in the third cause of action of the Complaint. Yudien was counsel for defendants Constance Kilarr and Jerry Kilarr, now deceased, in the prior litigation filed by Plaint...

Excerpt: ...OURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/02/20 ‐ 22 ‐ Decedent, Edison Gatlin, was a 14‐year old boy who died in his sleep on December 8, 2019, while in foster care at Angels Haven 2, a group home for disabled youth. Edison had suffered from cerebral palsy, intellectual disability, and epilepsy with frequent seizures. He was first placed in foster care by the County on September 24, 2014 on an emergency basis after his moth...

Excerpt: ...ntiff Vatche Cabayan to retain Hassen and Jeffer Mangels Butler & Mitchell, LLP (“JMBM”) as Plaintiff's legal counsel in an investment opportunity presented by Hassen. Plaintiff employed Hassen and JMBM as legal counsel to represent Plaintiff in the investment. Plaintiff deposited $1.6 million dollars into a socalled “controlled account” at Chase Bank to facilitate the acquisition of financing by a purported film production company known ...

Excerpt: ...sement over the entirety of Echo Springs Road, including the portion that currently has a gate across it. Defendants argue that the subdivision map does not support Plaintiffs' position. When lots are sold with reference to a subdivision map, which includes streets, the general rule is that there is a private easement over those streets. (See, e.g. Tract Development Services, Inc. v. Kepler (1988) 199 Cal.App.3d 1374, 1381‐1382.) However, the s...

Excerpt: ...econd Cause of Action for Negligence (No Breach of Duty); Issue No.3: Second Cause of Action for Negligence (No Causation); and Issue No. 4 (Fourth Cause of Action for Loss of Consortium). Background On or about January 3 or 6, 2014, Plaintiff Bruce Lohmann entered Safeway Store #1215, located at 660 Bailey Road in Pittsburg. Plaintiff was pushing a shopping cart when the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DAT...

Excerpt: ..., Daphne Rodrigues, sues defendant, Jonas Woodson, for personal injuries that Rodrigues suffered when defendant's jet ski collided with the boat on which plaintiff was riding to view the sunset in the Old River near the Sacramento Delta on September 5, 2016. (Claims by plaintiff's children have been dismissed.) Defendant moves for summary judgment based on primary assumption of the risk. Discussion Every person in California is “responsible . ....

Excerpt: ...tiff is the current owner of 1455 Vista Road in El Cerrito, California; his property is the dominant tenement; and he purchased it in his sole name as separate property on October 31, 2013. (See Complaint, ¶ 1.) Defendants own the adjacent property at 1465 Vista Road. Plaintiff has gained a prescriptive easement to use a trail over defendants' property to access a street that connects to his. (*¶ 5‐8.) Defendants move for judgment on the plea...

Excerpt: ...ad Case"). For the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/02/20 ‐ 15 ‐ reasons set forth below, the motion is granted, with leave to amend. The amended complaint shall be filed by no later than December 22, 2020. In addition, the Motion for Leave to File First Amended Complaint Against Lydia T. Percin and Mark David Percin filed by Plaintiffs and Defendants Lisa Black, David Black individually and dba...

Excerpt: ...acated. Paxon is reminded to tab all exhibits in future filings; the exhibits to the declarations of Marc Mazer are not tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) E2's request for judicial notice, set forth as part of Mr. Breen's opposition declaration, is denied as superfluous; the filings and procedural history of this case are before the Court as a matter of course. In ruling on this motion, the Court begins with the basic rul...

Excerpt: ...1 years. The termination followed plaintiff's involuntary transfer into a new position several months earlier, which he alleges was unlawful because it resulted from his whistleblowing and age discrimination. CSC now moves for summary judgment on the ground that it had a legitimate basis for its decisions. The Motion is granted, as discussed below. I. Background As a marine shipping company, CSC, a subsidiary of Chevron, is regulated under the In...

Excerpt: ...ception at Lafayette Park Hotel when a speaker fell and hit Plaintiff on the back of her head. Plaintiff (and her husband) sued the Hotel and Lucky Devils Band, the music group playing the reception. The complaint alleged negligence by both the Hotel and the Band. The Complaint alleges that the Band owned the speaker and/or speaker stand. (Comp. ¶8.) The Complaint alleges that both the Band and the Hotel were negligent in causing the speaker to ...

Excerpt: ...TA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/18/20 ‐ 14 ‐ The granting of this motion is likely to require defendant's motion for summary judgment, set for hearing on December 16, 2020, to be withdrawn and refiled. (See State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) Prior tentative ruling on withdrawn motion Background Plaintiff claims he was a 20% owner, and defendant Stephen Sutt...