Excerpt: ...ackground This case arises out of a fall that occurred on May 31, 2016 at an apartment complex at 121 Roble Road in Walnut Creek as plaintiff was descending an exterior stairway. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/04/20 ‐ 4 ‐ Plaintiff's complaint alleges causes of action for negligence and premises liability. In the negligence cause of action, plaintiff alleges that as a result of defendant's man...

Excerpt: ...nknown person, who shoved him from behind. As plaintiff turned toward the assailant, the latter pulled a hammer out of a small bag and struck plaintiff on the left side of the face beneath the eye. The incident was not recorded because there were no surveillance cameras at the Home Depot in the area where it occurred. There was inadequate lighting and no guards to monitor the area. Defendants negligently managed, controlled and/or operated the Pr...

Excerpt: ...alleges she was the Human Resources Director for the City of Richmond, a position from which she was terminated on May 5, 2020. (FAC ¶¶ 13, 35) She filed the complaint initiating this action against the City for discrimination and other claims on May 13, 2020. The City filed a demurrer to the second, third, and fourth causes of action of Stephenson's original complaint. The Court sustained the City's demurrers to the second and fourth causes of...

Excerpt: ...tayed as against those two defendants. Plaintiff has not persuasively argued that any set of rules other than the consumer arbitration rules of the American Arbitration Association might apply. Accordingly, the arbitration shall proceed in accordance with those rules. If for any reason the AAA declines to accept the arbitration, the selection of a different arbitration forum shall proceed in accordance with section 1281.6 of the Code of Civil Pro...

Excerpt: ...nse to the action or proceeding. (Code Civ. Proc., § 437c (a)(1).) “The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed […].” (Ibid.) A motion for summary judgment must be denied where the moving party's evidence does not prove all material facts, even in the absence of any opposition. (Leyva v. Sup. Ct. (1985) 164 Cal.App.3...

Excerpt: ...red on September 2, 2020. On June 19, 2020, Plaintiff filed a Notice of Renewal of Judgment. The total renewed judgment amount is $45,575.98. Defendant filed this motion to set aside the void judgment on August 27, 2020. Motion Pursuant to CCP §§ 473 and 473.5(a), Defendant Eghtesadi brings this motion to set aside the default judgment. Defendant claims that service of summons in this case did not result in actual notice in time to defend again...

Excerpt: ...brochure under the logo titled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, and Diocese of San Jose.” Plaintiff's picture is mistakenly included as the picture of “Fr. Edward F. Beutner.” Plaintiff Walter Bradford has never been a Catholic priest. Plaintiff's picture as Father Beutner appeared on the board at Defendants' news conference and on the front page of the East Bay Times. Motion Pursuant to CCP �...

Excerpt: ...s to the economic loss rule; the demurrer to the third cause of action – overruled, as to the statute of limitations, and sustained, with leave to amend on other grounds; the demurrers to the fourth and fifth (misnumbered as sixth) causes of action are sustained, with leave to amend. Factual Background Alleged in the SAC Plaintiffs the Patels built their home in 2002 and 2003. Defendant JELD‐ WEN (“JW” for convenience) manufactured window...

Excerpt: ...plaint on or before November 2, 2020. Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/21/20 ‐ 23 ‐ Plaintiffs, Gary and Denise Johnson, allege that they retained Samuel E. Demil, S.E., and his company, SDE Engineering, Inc. (hereinafter collectively “SDE”), to evaluate framing in the attic of 2425 Heritage Oaks Drive in Alamo prior to closing on their purchase of the property. (Complaint, ¶¶1,...

Excerpt: ...icle negligence arising from a head on collision in Sacramento County on August 24, 2018 between Edmar Ferreira Da Silva (hereinafter “Edmar” due to the similar surnames of several defendants) and plaintiffs, Betty and Bertin Avognon. (Complaint, 4.) Plaintiffs sue the remaining defendants, Federal Paving Systems, Inc., Deivide M. Da Silva; and Deivide Luiz Da Silva; as Edmar's employers (collectively, “employer defendants”), under theori...

Excerpt: ...erwork notarized and personally delivered to the offices of plaintiff's attorney no later than October 30. If defendant is still represented by Mr. Williams at the time of this hearing, Mr. Williams is responsible for delivering the easement to defendant. If defendant is once again selfrepresented, plaintiff shall personally serve the paperwork on defendant no later than Friday, October 16, 2020. Plaintiff contends defendant has violated the agre...

Excerpt: ...eet lighting, a deteriorated condition of the roadway and other defective conditions for nighttime traffic contributed to the cause of the accident. His FAC asserts two causes of action: a first cause of action against the County for liability for a dangerous condition of property (FAC ¶¶ 10‐20), and a second cause of action for negligence against Emerson Gomez and Sarah Gomez, as the driver and owners of the vehicle that struck Plaintiff (FA...

Excerpt: ...rrer raises a single argument. It says that the fourth cause of action, for negligence against Allianz, is barred by the two‐year statute of limitations set forth in Code of Civil Procedure section 339(1). Legal Standards It is well settled that a demurrer admits all properly pleaded material facts, but not legal or factual conclusions or contentions of law. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) The Court also may con...

Excerpt: ...ober 17, 2020 if she elects to amend her claim for breach of a mandatory duty under Government Code § 815.6 in accordance with this ruling. If she elects to do so, the Court requests that the claim based on Government Code § 815.6 be set forth as a separate cause of action, labeled as such, in a separate attachment if Plaintiff uses the Judicial Council form complaint. Factual Background Plaintiff Maria Duran alleges that she was walking in a c...

Excerpt: ...s granted. The award is confirmed. (See CCP § 1285.2.) Background This matter involves a 2013 real estate transaction wherein the Mattoxes, buyers of residential property, subsequently found defects in the property, which they contend that the sellers, the Shulmans, should have disclosed and instead concealed. Pursuant to the arbitration clause in their purchase agreement (see California Residential Purchase Agreement and Joint Escrow Instructio...

Excerpt: ... Civil Procedure section 473. So construed, the motion is granted. Plaintiff shall file and serve the amended complaint by October 19, 2020. Background Plaintiff Terrence Brewer, a 31 year‐old, African‐American male, and disabled Army Veteran, alleges that he was attempting to pick up his vehicle from the Chevrolet dealership in Concord on May 3, 2019, when he was discriminated against and assaulted by the dealership employees. On August 13, ...

Excerpt: ...f alleges she owns 50% interest in the property and Defendant owns the remaining 50%. Plaintiff filed this action to partition the property by sale. Motion Defendant Charles Willis moves for summary judgment on the ground Plaintiff has no interest in the property and thus has no standing to bring this partition action. Code of Civ. Proc. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/07/20 ‐ 4 ‐ § 872.210 9(...

Excerpt: ...ine maintenance service and for a paint touch up. After the service and 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...

Excerpt: ...on has not been brought within the six‐month deadline set by CCP § 473 (b.) This is a subrogation action. Plaintiff, Fire Insurance Exchange, filed the action to recover in excess of $229,000 it paid when its insured's home was damaged, allegedly through the negligence of the insured's tenants and CSAA insureds, Terecita Gillifoster and Ruben Frias. Plaintiff filed the action on May 15, 2019. The default of Foster was entered on August 2, 2019...

Excerpt: ...amages against Willow Pass One and David Feng. Plaintiff moves pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court. Defendant and Cross Complainant Willow Pass One opposes the motion on the grounds of undue delay and prejudice, the grounds that the proposed First Amended Complaint is “subject to demurrer,” and the grounds that there is no basis for personal liability against David Feng. For the...

Excerpt: ...0. The parties may file and serve responses to the supplemental briefs on or before October 14, 2020. 1. The Court requests that plaintiff provide the Court with a redlined copy of the First Amended Complaint. This redlined copy shall show all amendments to the original Complaint in the following manner: deleted language shall be shown in ‘strike‐through' text, and added language shall be shown in shaded, bold, or underlined text. The Court r...

Excerpt: ...ns, the Demurrer is granted, without leave to amend. Request for Judicial Notice Defendant's unopposed request for Judicial Notice is granted. (Evid. Code §§ 452, 453.) Factual and Procedural Background Plaintiff formerly held title to the real property known as 4400 Galileo Drive, Antioch, CA 94509 against which she borrowed $215,000.00 from Fremont Bank, secured by a Deed of Trust against the property. (RJN Ex. 1.) Plaintiff defaulted on her ...

Excerpt: ...sional conduct in violation of Business and Professions Code Sections 2234, 2236 or 2239.” (Notice at 2‐3.) Defendant Robert W. Hodges and Defendant McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP (collectively, “Defendants”) oppose the MSA on several grounds, including that it does not completely dispose of a cause of action under § 437c(f)(1). For the following reasons, the MSA is denied. Evidentiary Objections The Court need o...

Excerpt: ...hearing prepared to explain exactly how they would amend to cure the defects in their complaint. Assuming plaintiffs do not contest this ruling, ZLAJ shall file and serve its Answer on or before September 30, 2020. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/16/20 ‐ 2 ‐ In this action, plaintiffs seek to void a Deed by which they claim John Valentine, who owes them substantial money, transferred property t...

Excerpt: ...e time for good cause. CRC 3.1702(d). Had the pandemic not occurred, the motion should have been filed by April 6, 2020. But the court shut down operations effective March 16 and only allowed emergency ex parte hearings until it reopened. The court would not have found the filing of this motion for attorney fees to be an emergency. The reopening date kept changing with different emergency orders that ultimately declared the dates between March 16...

Excerpt: ...portunity to amend. The Court notes that Plaintiff's admission that his third trial payment was reversed suggests that amendment is futile, but Plaintiff is nevertheless granted an opportunity to amend, bearing in mind the sham pleading rule. (See generally, Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343‐ 345.) Request for Judicial Notice Defendant requests judicial notice of several county recorder documents as well as t...

Excerpt: ... CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/09/20 ‐ 4 ‐ Plaintiff SRI Environmental sued the Defendants for (1) breach of oral agreement (Dutch), (2) common count (Dutch), (3) breach of fiduciary duty (Joseph Baughman), (4) conversion (Joseph Baughman), (5) deceit (all Defendants), (6) negligence (Joseph Baughman), and (7) unfair competition (all Defendants). Defendants bring their motion for summary judgment, or alternatively summary adjudic...

Excerpt: ...three years. They have filed a complaint alleging nine causes of action concerning habitability issues. Plaintiffs request punitive damages in connection with three of those causes of action: the fifth, for constructive eviction; the eighth, for retaliation; and the ninth for intentional infliction of emotional distress. Defendants now move to strike the request for punitive damages and the supporting paragraphs. The complaint alleges defendant R...

Excerpt: ...; (2) intentional interference with contractual relations; (3) conspiracy; and (4) unfair competition (Bus. & Prof. Code § 17200 et seq.). Though not entirely clear, Plaintiff's application for TRO appears to be based only on its claims for (1) misappropriation and (4) unfair competition. Plaintiffs moved ex parte for an application for temporary restraining order and order to show cause re preliminary injunction on the same day. The Court grant...

Excerpt: ... dismissed with or without prejudice, or to a civil case that was disposed of by judgment, if the cases (1) Involve the same parties and are based on the same or similar claims; (2) Arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; (3) Involve claims against, title to, possession of, or damages to the same property; or (4) ...

Excerpt: ... Nuance Energy Group with a proposal to install solar power systems for Plaintiffs' four buildings. Defendant Brian Boguess is the Principal and Owner of Nuance. Plaintiffs entered into the Agriculture & Commercial Installation and Limited Warranty Agreements with Nuance on September 22, 2017. The Agreements called for four milestone payments: (1) start of site survey, design, engineering and procurement of system components; (2) issuance of perm...

Excerpt: ...is default, and because the later default judgment was entered due to the surprise of his counsel. The Motion is granted. Defendant Lynch shall prepare, file, and serve the proposed answer attached to counsel's declaration within 10 days. Background This case was originally filed as an unlawful detainer action for premises in San Ramon occupied by R.W. Lynch Co., Inc. When possession was delivered to plaintiff, the complaint was amended. The Firs...

Excerpt: ...below. Background This matter, concerning Defendants' alleged defective insulation work on plaintiffs' home in Richmond, was filed in November of 2018. On January 23, 2019, Attic Masters was served. Lynette Watkins was served on February 10, 2019. A default was entered as to Attic Masters on March 14, 2019, but no default was immediately taken as to Lynette Watkins. This was based on her own representations to plaintiffs' counsel related to tende...

Excerpt: ...ity of the real property claim. (Cal. Code Civ. Proc. § 405.32); and (3) the court finds that the real property claim has probable validity, but adequate relief can be secured to the claimant by the giving of an undertaking. (Cal. Code Civ. Proc. § 405.33.) The Court's findings on each of these favor Plaintiff's motion to expunge the lis pendens. Background Plaintiff Hedayat Moradi owns real property commonly known as 10 Encina Place, Pittsburg...

Excerpt: ...ter‐Tacoma was merged with other companies directly or indirectly to form The Sutta Company, Inc., a California corporation, which in January 2014 was renamed Global Planet 21, Inc. (“GP21”). Because of all this, plaintiff's 20% ownership in Sutta‐Tacoma allegedly turned into a 4.33% ownership in GP21. The gist of plaintiff's claim is that one or more of the defendants has refused to give him his stock certificates or acknowledge his owne...

Excerpt: ...Trust. However, “[u]nlike a corporation, a trust is not a legal entity.” (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1343.) For this reason, a trust “has no capacity to sue or be sued, or to defend an action.” (Id., at 1344.) The Court deems plaintiffs to have sued one defendant, Veronica Yee, but in two capacities: (1) in Ms. Yee's individual capacity and; (2) in Ms. Yee's capacity as trustee. Because there is only one defendant, th...

Excerpt: ...0 et seq. ("UCL"). Plaintiff is the owner of land located in Antioch which he appears to allege consists of two adjacent commercial lots (the "Property"). (Compl. Intro. and ¶ III) Plaintiff alleges that Defendants have "taken adverse possession" of real property belonging to Plaintiff and refuse to relinquish it. (Compl. Intro.) In their memorandum in support of the demurrer, Defendants state the parties' disputes concern a fence which Plaintif...

Excerpt: ...NIA DEPARTMENT: 21 HEARING DATE: 08/12/20 ‐ 11 ‐ On or about May 16, 2019, Plaintiff Central Coast Barns and Buildings, Inc. contracted with Defendant Robert Romeo for construction work. Plaintiff performed grading, leveling and soil compaction for a road on Defendant's 120‐acre ranch at 370 Lindsey Drive in Martinez. Plaintiff submitted an invoice and Defendant has refused to pay. Plaintiff filed this action for breach of contract, fraud, ...

Excerpt: ...ot file an opposition although he did file an amended answer to the complaint on July 21, 2020. It is unclear whether Defendant intended this document to be responsive to the Motion. For the following reasons, the Motion is granted. Request for Judicial Notice Plaintiff requests judicial notice of its Complaint for Breach of Contract (and exhibits thereto) as well as Defendant's Answer to Complaint for Breach of contract filed on June 13, 2019 (a...

Excerpt: ...on eight after considering Plaintiff's arguments and the Court's concerns. The Oznowiczes are not permitted to make substantive changes to any of their other claims. 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.) However, leave to amend can be denied where there is “ ‘inexc...

Excerpt: ...NT: 21 HEARING DATE: 08/05/20 ‐ 7 ‐ Facts Plaintiff alleges for 15 years she was the Human Resources Director for the City of Richmond, a position from which she was terminated on May 5, 2020. (Compl. ¶¶ 13, 35) In summary, she alleges that she received and reported multiple incidents of racial and gender discrimination from other City employees, that she advocated for those employees for their racial and gender discrimination complaints, a...

Excerpt: ...ndants' unopposed request for Judicial Notice of 15 USC § 1666 and 12 CFR § 202.12 is granted. Evid. Code §§ 452, 453. Factual and Procedural Background Stauffer applied to Discover Bank for a personal loan and entered into a written Loan Agreement with Plaintiff for the account number ending in 4366. UMF 1. Discover Bank disbursed the loan amount to Stauffer by check. UMF 2. Stauffer agreed to be bound by the terms and conditions of the Loan...

Excerpt: ...of exposure to carcinogenic chemicals while working for BNSF and its predecessor, Burlington Northern and Santa Fe Railway Company. An action under the FELA may be filed in any state where a defendant railroad company is doing business when the action is filed. (45 U.S.C. § 56.) However, California permits a jurisdictionally proper action to be stayed or dismissed based on the doctrine of forum non conveniens if the court finds “that in the in...

Excerpt: ...) Defendants' motion for summary adjudication of each of the seven causes of action of the complaint is also denied. Facts Plaintiff 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"). Defendant LH Concord owns and operates a mobilehome park (”Park”) in Concord, California. (Defendants' UMF (“UMF”) No. 2) Defendant Jennifer Lewis is...

Excerpt: ...stitute a cause of action. The Demurrer is otherwise overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 07/08/20 ‐ 12 ‐ Defendants Jay Zimmer, Jordan Rose, Sherry Berkman, David Grant, Jean Jones, Craig Judson, Renee Powell, Gloria Ruth, Sam Salkin, Mark Usatin, Joel White, and Jack Katz (collectively, “individual defendants”), as well as The Reutlinger Community, and Eskaton, are to file their answer...

Excerpt: ... on the other grounds asserted; (3) fourth cause of action –overruled as to CCP § 337.15 and sustained, with leave to amend, on other grounds asserted; (4) fifth and sixth causes of action – sustained, with leave to amend. Facts Alleged in the FAC Plaintiffs the Patels built their home in 2002 and 2003. Defendant JELD‐ WEN (“JW” for convenience) manufactured windows and doors included in the residence. Plaintiffs allege most of the win...

Excerpt: ...g error. However, this declaration appears identical in substance to the declaration Delaney submitted in August 2019 and the Court has used the declaration from August 2019 as well as the declaration from June 2020 when considering the evidence submitted in opposition. Causes of Action One and Two The Court previously denied summary adjudication of the first cause of action for breach of a written promissory note against Defendant Centralbanc Mo...

Excerpt: ...ail. (Comp. ¶2 and ex. A.) This case involves property located at APN 019‐020‐ 037. (Comp. 4.) The Authority seeks to take a portion of the property owned by Ronald Nunn. This matter is opposed by Ronald and Shirley Nunn (it is not clear what interest Shirley has in the property, but she appears to potentially have an interest and was served the summons, complaint and motion papers). Much of the Nunns' opposition is based on the Nunn Family ...

Excerpt: ...se of Property From Lien. Defendants' request for judicial notice is granted. The demurrer is sustained in part with leave to amend and in part without leave to amend. Plaintiffs may amend all causes of action except Count 9 (foreclosure of mechanic's lien) and Count 12 (wrongful eviction). Plaintiffs shall file and serve any amended complaint on or before July 31, 2020. The basis for this ruling is as follows. A. The Special Demurrer For Uncerta...

Excerpt: ...age Pass Through Certificates, Series 2006‐3 (“Bank of New York”) (collectively, “Defendants”). The Demurrer relates to the Second Amended Complaint (“SAC”) filed by Plaintiff Robert Peralta, as Trustee of the Beatriz Peralta Revocable Trust (“Plaintiff” or “Peralta”). The SAC alleges causes of action for (1) violations of HBOR (Civil Code §§ 2923.5 and 2923.7); (2) violation of SBOR (Civil Code § 2920.7); and (3) violati...

Excerpt: ...us job classifications and in various collective bargaining units at the City of Antioch. They retired from the City at different times in different years. Defendant City of Antioch provides retiree health benefits through CalPERS. Plaintiffs are eligible participants in Defendant City of Antioch's retiree Medical‐After‐Retirement benefit. The monthly insurance premium for CalPERS health insurance plans is deducted from the retiree's monthly ...

Excerpt: ...onstitute a cause of action.” Code Civ. Proc. § 430.10(e). “A demurrer should not be sustained without leave to amend if the complaint states a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Seidler v. Municipal Court (1993) 12 Cal.App.4th 1229, 1233. Analysis Defendants demur on three bases. They first argue that the Complaint does not sufficiently set forth allegations of t...

Excerpt: ...§ 437c on the grounds that the insurance policy at issue is void and that CSAA did not unreasonably withhold insurance benefits from the Plaintiffs. For the following reasons, the Court denies Defendant's motion for summary judgment or in the alternative summary adjudication. Factual Background Plaintiffs business and residence were burglarized on February 26 and February 29th, respectively. (Def. UMF 6, 7.) CSAA opened a claim for the business ...

Excerpt: ...pproximately a year later, Derek Beal was granted leave to file a cross‐complaint. Around the same time, Derk Beal also sought leave to amend his complaint. Trial, which had initially been set for February 2018, was vacated. The second trial date, set for February of 2020, was also vacated pursuant to the parties' stipulation, and a new (third) trial date was set for June 29, 2020. Recently, on May 19, 2020, Derek Beal appeared ex parte to requ...

Excerpt: ...ndant Carrington. In the supplemental brief filed on June 1, 2020, plaintiffs state as follows: “Upon further review of the record, Plaintiffs will dismiss Defendant Carrington from this action.” Plaintiffs are directed to file the request for dismissal on or before June 24, 2020. The motion is granted as to defendant BSI. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on this motion, and shall submit...

Excerpt: ...ent could be entered if it breached the agreement. Linxpay failed to make the first payment. Accordingly, on October 9, 2019, the court entered judgment against Linxpay for $143,588.71. Citibank was about to conduct a debtor's examination of Patrick Hammond when Linxpay agreed to provide some written post‐judgment discovery responses instead. Through CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 06/17/20 ‐ 17 �...

Excerpt: ...alty Ins. Co. (1987) 189 Cal.App.3d 1072, 1086.) Bifurcation is typically ordered where a narrow and discrete liability issue may result in a defense verdict, thereby saving all the court time that would otherwise be spent trying all issues simultaneously. When the same witnesses and evidence will be presented in both phases of the trial, the argument for bifurcation is weak. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING...

Excerpt: ... no engineering services. Plaintiff disputes these facts, citing evidence that Wood worked under a written contract and documents stating that the contractor was to notify both the engineer and the architect when he noted any conflict on the contract drawings or documents. (See Disputed Material Fact Nos. 3 and 4, Ex. 3 to the McAuley Decl., and General Notes 4 and 5 in Ex. 4B to the McAuley Decl.) Plaintiff has raised a triable issue whether the...

Excerpt: ...iff BRM, Robertson & McBride (“BRM”) as a commercial insurance sales account executive/producer in BRM's insurance brokerage business. BRM terminated Hillman's employment on August 26, 2019. Hillman signed a Severance Agreement that day, in which BRM agreed to pay Hillman a specified amount of severance and he agreed not to “directly or indirectly use any confidential information . . . about the Company (“the Confidential Information”) ...

Excerpt: ...ovided (CCP § 487.010 (a)) and as to defendant Christian Campos all property described in item 9.c. of plaintiffs' Application for Right to Attach Order against Campos, except to the extent that the court grants Campos' claims of exemption, as described below. (See CCP § 487.0101 (c), 487.020.) This relief is conditioned on Plaintiffs' filing an undertaking in the amount of $10,000.00. CCP § 489.220 (a). Plaintiff shall prepare a Right to Atta...

Excerpt: ...trol Bd. (1994) 23 Cal.App.4th 1459, 1471.) Further, after carefully weighing the evidence, and considering both the likelihood that plaintiff will prevail on the merits and the “relative interim harm” to both sides, the Court does not believe that a preliminary injunction would be appropriate. (See, City of San Jose v. MediMarts, Inc. (2016) 1 Cal.App.5th 842, 850; O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463‐64.) The Cour...

Excerpt: ...EARING DATE: 06/03/20 ‐ 6 ‐ section 23302(d). The Court finds that Plaintiff has standing to pursue this case. The reasoning for this decision is stated in the accompanying motion for judgment on the pleadings. The Klaminskis also argue that summary judgment is appropriate because Plaintiff cannot prevail on his easement by implication claim. The Klaminskis rely on two evidentiary presumptions, section 662 and 1600, to shift the burden on thi...

Excerpt: ...ile a reply in support of his motion for preliminary injunction. For the following reasons, Plaintiff's motion for a preliminary injunction is denied. Legal Standard CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 06/03/20 ‐ 21 ‐ The ruling on an application for preliminary injunction rests in the sound discretion of the trial court. (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1450.) “An injunction ...

Excerpt: ...laminskis are seeking summary judgment based in part on this same argument. The Defendants argue that Alma Electric was a suspended corporation when it bought Plaintiff's property and remained a suspended corporation when it transferred the property to Plaintiff. Defendants argue that under Revenue and Tax Code section 23302(d), Alma Electric could not transfer real property and thus Alma Electric's purchase and subsequent transfer to Plaintiff w...

Excerpt: ... of Value of Membership in LLC; and (3) Fraudulent Misrepresentation. ZLAJ contends that each of these fails to state a cause of action. First Cause of Action, Fraudulent Transfer Based on the 4th AC and reasonable inferences, the facts are as follows. John Valentine is a member and majority owner of a limited liability company, ZLAJ, and had possession and control of its assets. (¶ 3.) ZLAJ is John's agent and was acting within the scope of tha...

Excerpt: ...or preliminary injunction rests in the sound discretion of the trial court. (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1450.) “An injunction properly issues only where the right to be protected is clear, injury is impending and so immediately likely as only to be avoided by issuance of the injunction.” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) The burden is on Plaintiff t...

Excerpt: ... duties, he monitored Plaintiff's work. During the proctoring, Dr. Saadi documented several concerns with Plaintiff's performance, including not providing patients with a pre‐surgery sedative, putting a patient to sleep without first investigating the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 05/27/20 ‐ 6 ‐ cause of the patient's shortness of breath, and not using a face mask while performing an epidural....

Excerpt: ... Provider Services Agreement with Defendant Staff Care, Inc., a healthcare staffing agency. Plaintiff agreed to provide medical professional services as an anesthesiologist by assignment (a locum tenens) to hospitals contracting with Staff Care. Plaintiff began the assignment with Defendant Contra Costa Regional Medical Center (CCRMC or Hospital) on September 13, 2017. Three days after the assignment, Defendant Jeffrey Saadi, CCRMC's Chair of Ane...

Excerpt: ...dium was tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f). See also, Local Rule 3.42, subd. (3).) Further, the deposition testimony attached to the corrected compendium as Exhibits 38 and 39 shall be properly highlighted. (See, Cal. Rules of Court, rule 3.1116, subd. (c).) The Court also requests supplemental briefs addressing the following matters. The parties shall file supplemental briefs on or before June 1, 2020. The parties may fil...

Excerpt: ...rmination. In September of 2016, Marcela traveled to Colombia for medical reasons. In October, she underwent surgery, but developed sepsis and pancreatitis, which put her in the intensive care unit. On October 26th, Paula informed her employer Yapstone that she needed to travel to Colombia to attend to her sister. After a couple of extensions of her unpaid leave of absence, Paula was informed that she must return to work on November 28, 2016, and...

Excerpt: ... 2020. All exhibits to any amended complaint shall be properly tabbed. (See, Cal. Rules of Court, rule 3.1110, subd. (f).) The voluminous exhibits to the original Complaint were not tabbed, which caused the Court's staff substantial inconvenience. A. The Entire Complaint. 1. Proper Defendant. Defendant demurs to the entire Complaint on the ground that defendant is not a proper party, because it was not the seller of the subject residences. Defend...

Excerpt: ...side has cited a published California appellate decision directly on point: i.e., a decision dealing with the situation where the owner records a release bond before expiration of the 90‐ day limitations period for commencing a mechanic's lien foreclosure action, and — with notice of the release bond — the claimant chooses to forego commencing a foreclosure action and instead rely on the six‐month limitations period for bringing an action...

Excerpt: ...ckground Following a car accident in 2017, plaintiff Conrad Garcia, is suing defendants for damages related to his injuries. He originally filed this suit in November 2018, naming Does 1‐ 100. On August 13, 2019, after the statute of limitations had run, plaintiff filed an amendment to the complaint attempting to add defendants Mubarek and Alicea as Doe defendants. Defendant Mubarek brought a demurrer and motion to strike, arguing, in part, tha...

Excerpt: ...dants filed an antiSLAPP motion. The court granted the motion in part by dismissing four causes of action. The court denied the motion in part by allowing the sixth cause of action for defamation against Mr. Graves to proceed. The only other cause of action remaining in the cross‐ complaint is a breach of contract cause of action against the Gannon plaintiffs, Mr. Odell's former clients. Plaintiffs/cross‐defendants filed this motion to sever ...

Excerpt: ...orth, Plaintiff's motion for summary judgment is granted. Based on the Court's determination that summary judgment should be awarded to Plaintiff, the Court does not reach the alternative relief sought in the motion for summary adjudication in Plaintiff's favor on Martarella's affirmative defenses. Summary of Facts The complaint alleges a single cause of action for enforcement of a judgment obtained by Plaintiff against defendants Martarella and ...

Excerpt: ...sferred only an easement rather than a fee simple with a condition subsequent. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/04/20 ‐ 7 ‐ The construction of a deed is ultimately a question of law for the court. Some deeds to railroads have been held to be unambiguous, and thus that courts must construe them without resort to extrinsic evidence. (See Severns v. Union Pac. R.R. Co. (2002) 101 Cal.App.4th 1209,...

Excerpt: ...dant”) filed this action for breach of a lease agreement against its former tenants, Anrol International, Inc. and Carol Y.W. Liao (collectively, “Cross‐Complainants”). As alleged in the original complaint, CrossComplainants entered into a commercial lease agreement with Cross‐Defendant's predecessor in interest for a unit in a mall, the term of which was three years, beginning May 1, 2018. (Complaint, ¶¶1‐2.) Cross‐Defendant then...

Excerpt: ...motions for summary judgment rely on the same evidence and made nearly identical arguments. In addition, Plaintiffs provided one opposition to all three motions. Therefore, the Court's analysis below applies to all three motions equally. Plaintiffs are suing the Defendants for fraudulent transfer and civil conspiracy. In 2016, Chou transferred his ownership interest in five properties to five separates trusts. At the same time, Cui transferred he...

Excerpt: ... amended complaint on or before March 27, 2020. Special Demurrer. The special demurrer is sustained because plaintiff's Complaint is ambiguous as to whether plaintiff is seeking reimbursement for both emergency and nonemergency services, or just emergency services. Plaintiff concedes that it has no legal basis to seek reimbursement for non‐ emergency services. 1st C/A. Implied Contract. Plaintiff has failed to allege facts giving rise to an imp...

Excerpt: ...me Foods”). For the following reasons, the Motion for Summary Judgment is granted. Standard Code of Civil Procedure (“CCP”) §§ 437c(c) provides, in relevant part: 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. Section 437c(p)(1) provides: A plaintiff or cross‐complainant has me...

Excerpt: ...COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/19/20 ‐ 6 ‐ Her First Amended Complaint (“FAC”) sets forth seven causes of action: (1) Negligence; (2) Battery; (3) Nuisance; (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; (6) Breach of Contract; and (7) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff's counsel by phone, and failing to reach an ...

Excerpt: ...her students; and school administrators, her supervisors, and the District knew this but failed to act. On February 22, 2018, she ordered a student, plaintiff Austin Swope, to stand for the duration of her lecture. As a result, he fainted and fell, fracturing his skull and suffering permanent brain damage. (TAC, ¶ 22.c.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/19/20 ‐ 3 ‐ The complaint has gone throug...

Excerpt: ...inally founded in 1950 as the Home for Jewish Parents in Oakland, defendant The Reutlinger Community (“Reutlinger”) is a nonprofit public benefit corporation that owns and operates a senior living community in Danville. (Complaint, ¶¶1, 2, 22, 36.) Home to up to 180 senior citizens, it offers specialized assisted living, enhanced care, memory care, and skilled nursing units. (Id. at ¶1.) The mission of Reutlinger is to “provide high qual...

Excerpt: ...efendants”) demur to Plaintiff Lester Sequeira (“Plaintiff” or “Sequeira”)'s First Amended Complaint. Plaintiff is in pro per. Defendants demur pursuant to Code of Civil Procedure § 430.10 subsections (e) and (f) on the grounds that the FAC (a) fails to state facts sufficient to support any of its alleged causes of action against Defendants and (b) is uncertain, ambiguous and unintelligible. For the following reasons, the Demurrer is s...

Excerpt: ...to stay arbitration is based on a sales agreement between Plaintiff Jeff Trudeau and the sellers Mitsuda LLC and Charles Mitsuda. Bayview Ex. 4. Bayview Builders is not a party to this agreement. For the following reasons, the motion to compel joinder and motion to stay action pending arbitration is denied. Analysis Code of Civil Procedure subdivision (a) provides: A person who is subject to service of process and whose joinder will not deprive t...

Excerpt: ...est controller with Terminex, was working at Defendants Don and Beverly Steffen's home at 300 Summerhill Lane in Martinez, when Defendants' dog gave chase. Defendants owned a Dutch Shepherd dog and a mixed breed Dutch Shepherd/Belgium Shepherd. In trying to avoid the dogs, Plaintiff fell and suffered injuries to his shoulder, requiring surgery. Plaintiff filed this action for negligence. Motion Defendants move for summary judgment/adjudication on...

Excerpt: ...nsel's argument is not evidence].) The motion is therefore denied without prejudice. Should plaintiff choose to file another motion for leave to amend complying with the above rules, the proposed amended complaint should additionally properly set forth the location of the incident and account for the newly added parties as substitutions (i.e., as the numbered Does for which they are being substituted). Background On August 13, 2019, after the sta...

Excerpt: ...ent Ordinance and other related claims. Defendant demurs to all claims based on collateral estoppel. Defendant also demurs to causes of action four, five and eight based on the failure to state a cause of action and to cause of action eight for uncertainty. Collateral Estoppel Defendant argues that all of Plaintiffs' claims are barred by collateral estoppel because the parties settled an unlawful detainer case that Defendant brought against Plain...

Excerpt: .... Superior Court (2014) 229 Cal.App.4th 468, 472 [an unconsummated agreement that clouds title to real property constitutes a taking of property for purposes of the elder abuse act]. See also, Mahan v. Charles W. Chan Ins. Agency, Inc. (2017) 14 Cal.App.5th 841, 860‐861 [the financial elder abuse statutes are remedial and so are to be liberally construed on behalf of the class of persons they are designed to protect].) Cross‐defendants are co...

Excerpt: ...ry Plaintiff filed his complaint commencing this action on February 6, 2019. On September 9, 2019, Plaintiff filed a request for dismissal of defendants Hartford Fire Insurance Company and “Hiscox, Inc.” On October 7, 2019, Hiscox filed a demurrer to the complaint, which Hiscox subsequently withdrew on November 8, 2019 based on Plaintiff's filing of the FAC. Hiscox's current demurrer is the first challenge to the sufficiency of Plaintiff's pl...

Excerpt: ..., alleging, inter alia, causes of action for breach of contract and negligence in the preparation of their Danville home site and construction of their new home. Plaintiffs allege Clawson failed to implement the grading and drainage plans prepared by their engineer, cross‐defendant DeBolt Civil Engineering, which were part of Clawson's contract. (Complaint, Exhibit 1 to RJN, ¶¶24‐29.) They also allege that Clawson failed to meet the standar...

Excerpt: ...UPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/15/20 ‐ 11 ‐ Plaintiffs Philip Ferreira and Crystal Ferreira, their agents, servants, employees, and all persons acting under, in concert with, or for them, including any contractors or subcontractors, are to stay off of 2386 Heritage Oaks Drive, Alamo, California, and refrain from any construction activities within ten (10) feet of the property line bordering 2378 Heritage Oa...

Excerpt: ...ication served by mail must be served 80 days before the date of the hearing. (CCP § 437c (a)(2).) October 25, 2019 is 81 days before the hearing date of January 15, 2020. Therefore, the court rejects defendants' argument that plaintiff gave insufficient notice of the motion. The Opposition was due 14 days before the date for the hearing, but was served only 13 days before, on January 2, 2020, rather than on December 31, 2019, the day before the...

Excerpt: ...200. Foshay alleges that Cross‐Defendants Davis and Kodiak Moon entered into an agreement with Plaintiff for over $400,000 in solar modules. Cross‐Defendants represented that Foshay was involved in this transaction when Foshay was not aware of the transaction and did not condone or ratify it. (XComp. ¶10.) For this claim, Foshay seeks “injunctive relief, restitution and any other principal, incidental and consequential damages including bu...

Excerpt: ...out “any irrelevant… matter asserted in any pleading.” CCP § 436. “Irrelevant matter” means immaterial allegation. (CCP § 431.10(c).) “An immaterial allegation in a pleading is… A demand for judgment requesting relief not supported by the allegations of the complaint or cross‐complaint.” (Code Civ. Proc., § 431.10(b)(3).) The motion to strike may lie where the facts alleged do not rise to the level of “malice, fraud or oppr...

Excerpt: ... Plaintiff moves for summary judgment on the grounds that “it is undisputed that Defendant entered into a written agreement whereby Defendant borrowed money and agreed to pay the same back with interest” and that Defendant “materially breached his obligation to repay amounts due and owing.” The Court notes at the outset that while Plaintiff has filed a request for judicial notice of Plaintiff's Complaint and Defendant's Answer to the Comp...

Excerpt: ...hat defendant has not persuasively distinguished the governing case law. (See, Chacker v. JP Morgan Chase Bank, N.A. (2018) 27 Cal.App.5th 351, 356‐359; Hart v. Clear Recon Corp. (2018) 27 Cal.App.5th 322, 327‐329.) Defendant first attempts to distinguish the Chacker decision (ignoring entirely the Hart decision) by arguing that “unlike here, the mortgage loan in Chacker had not yet been foreclosed and so a loan existed to which attorney fe...

Excerpt: ...tional Distress. Any amended complaint shall be filed and served on or before January 29, 2020. Background In November of 2017, Plaintiff came under the professional care of Defendant Dr. Khashayar Montezari at John Muir Medical Center. Plaintiff alleges Dr. Montezari, while knowing the critical medical condition of Mrs. Kalnoki, intentionally or negligently discharged Mrs. Kalnoki on November 5, 2017. Plaintiff alleges her discharge came about a...

Excerpt: ... on September 12, 2019. He alleges one cause of action for “Violation of Standards for Residential Construction.” In this cause of action, plaintiff complains of many defective conditions including defective waterproofing of windows and patio doors, defective hardscape and drainage systems, defective plumbing and utility lines, structural concerns, and electrical fixtures. (Complaint, 8:1‐ 11:26.) Defendants, having first satisfied the stat...

Excerpt: ...Antioch. They retired from the City at different times in different years. Defendant City of Antioch provides retiree health benefits through CalPERS. Plaintiffs are eligible participants in Defendant City of Antioch's retiree Medical‐After‐Retirement benefit. The insurance premium for CalPERS health insurance plans is deducted from the retiree's monthly annuity payment from CalPERS. The City then reimburses the retiree for a portion of the r...