Excerpt: ...ORNIA DEPARTMENT: 21 HEARING DATE: 11/17/21 ‐ 10 ‐ 2) Violation of Government Code §12940(j) – Failure to Prevent Discrimination, 3) Intentional Infliction of Emotional Distress, and 4) Retaliation and Harassment. As set forth below, Defendant's motion for summary judgment denied. The motion for summary adjudication is GRANTED IN PART and DENIED IN PART. A. General Factual Background Plaintiff is a Hispanic male who has been employed by Ga...

Excerpt: ...f action, but sustained as to the third and fourth causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and served on or before December 1, 2021. Background This case was originally filed in April 2021 as an unlawful detainer, but as tenant has surrendered possession, the case is primarily a ci...

Excerpt: ...exual abuse committed by Catholic priests, Defendants Jeff Anderson and Anderson & Associates produced a written “report” entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” The report identified approximately 212 priests in the Bay Area who had been accused of sexual misconduct. (UMF No. 13.) Plaintiff's photograph, taken over 30 years ago, was mistakenly included as the picture o...

Excerpt: ...esponded to a marketing solicitation from defendant Seneca One, LLC. Defendant Nicholas Hruda, who told plaintiff he was vice president, communicated with plaintiff and met with her in person, falsely claiming to be an estate and wealth manager. Defendant Hruda recommended a structured settlement arrangement by which plaintiff would sell some or all of her interest in her lottery proceeds in exchange for a lump sum payment. Hruda proposed to help...

Excerpt: ...LLC; AAHS San Pablo, LLC; AAHS Management, LLC; A&A Living, LLC, A and A Senior Living Management, LLC; and DOB Holdings, LLC (collectively, “Respondent Companies”). Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. In 2015, Mr. Oura and Ms. Dominici jointly formed Olawa, LLC. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Therea...

Excerpt: ...new arbitration will be consolidated with an already‐pending arbitration between plaintiffs and the sellers. Neither side, however, has provided legal authority that the Court has jurisdiction to compel such a consolidation. (Compare Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 487‐489 [the trial court has almost no jurisdiction over a pending arbitration].) Whether such a consolidation takes place would appea...

Excerpt: ...ould plaintiff opt not to amend at this time, Gonzaga's time to answer will run from November 15, 2021. Background and Motion In his complaint, plaintiff Terrence Oniell Brewer alleges that Gonzaga was driving recklessly, speeding, and following plaintiff too closely, which resulted in Gonzaga rear ending plaintiff's vehicle, which was properly stopped at a red light. (First Amended Complaint, “FAC,” p. 5.) After the collision, Gonzaga fled t...

Excerpt: ...ifth Amendment rights are implicated.  The interest of the plaintiff in proceeding expeditiously with the litigation.  The burden which any particular aspect of the proceedings may impose on defendants.  The convenience of the court in the management of its cases, and the efficient use of judicial resources.  The interests of persons not parties to the civil litigation.  The interest of the public in the pending civil and criminal ...

Excerpt: ...vely, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the Park District for (4) nuisance, (5) withdrawal of lateral support, (6) inverse condemnation, and (7) dangerous condition of public property. For the following reasons, the Park District's MSJ is denied. General Factual and Procedural Background In light of the discrepancy between the Defendant's Separate Statement in support of their motion ...

Excerpt: ...nts were evicted and vacated the property shortly before Ronald Scott was injured at the property, allegedly as a result of a dangerous condition left by Defendants. Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate and he later died from his injuries. Plaintiff Republic Indemnity Company of America provided workers' compensation insurances to Scott's employer. Demurrer Defendants Michael Seals and All Custom Mobile...

Excerpt: ... action are sustained, with leave to amend in accordance with this ruling. Factual Background Plaintiff Vyacheslav Viner ("Slava") alleges his doctor defendant Ramon Beguer, M.D. committed professional practice in performing Slava's hernia surgery and his treatment. Plaintiff alleges the Contra Costa Regional Medical Center ("medical center") is vicariously liable for Dr. Beguer's negligence as his employer. The County is appearing on behalf of t...

Excerpt: ...in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The Moving Parties contend Janice Alamillo is wrongfully interfering with the sale of the Property to a third party that was scheduled to close on September 20, 2021. Moving ...

Excerpt: ...od was 32 when she died on July 1, 2020 at John Muir Medical Center in Walnut Creek, CA. (FAC, X, Ex. 1.) Plaintiff Anne McLeod was at her daughter's bedside, as was a nurse who had been caring for Erin prior to her death. (Ibid.) Erin had been at the medical center since June 20, 2020, when she was admitted for abdominal pain attributed to acute colitis. (FAC, IX.) After Erin's death, plaintiff asked the nurse to identify the cause of death, but...

Excerpt: ..., Civil Code § 1790 et seq. ("Song‐Beverly Act") based on Hyundai's breach of its express warranties and implied warranties. Plaintiff alleges she purchased a 2016 Hyundai Tucson that is defective. Plaintiff alleges that "[u]pon [her] purchase of the Subject Vehicle Defendant HYUNDAI issued an express warranty to Plaintiff, which Defendant undertook to preserve or maintain the utility or performance of the vehicle." (2AC ¶ 11.) She further al...

Excerpt: ...nd was then terminated from her position at the company. Defendant moves for summary judgment or alternatively summary adjudication of the following causes of action: (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of FEHA, (3) FEHA discrimination, (5) failure to prevent discrimination CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 4 ‐ and harassment, and ...

Excerpt: ...een completed, and the Court now tentatively rules on the MSJ. By way of a brief introduction, this cases arises from Moran's tenure as the Director of Tennis at the Club. Moran succeeded Sue Leo, who had been the Club's longtime Director of Tennis. It is CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 10/20/21 ‐ 12 ‐ undisputed that in late 2017, Leo decided to retire from the Director position. Leo did not, how...

Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...

Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...

Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...

Excerpt: ... Amended Complaint (“SAC”) for (1) conversion; (2) fraudulent deceit; (3) breach of contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) negligence; and (7) intentional infliction of emotional distress. 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) conversion: all three Liberty Mutual entities demur to...

Excerpt: ...mmercial premises in Antioch and for unpaid rent under its lease with Empire. On October 3, 2019, defendant Shareen Naz Adair filed a voluntary petition under Chapter 7 of the Bankruptcy Code, asserting that she was doing business under the fictitious business name iCandy Ventures and that the lease was an asset of her Chapter 7 bankruptcy estate. (RJN Exh. 1.) In its FAC, Empire alleges that Empire and Ms. Adair entered into a written lease for ...

Excerpt: ...MENT: 21 HEARING DATE: 09/29/21 ‐ 24 ‐ International and KCI. Robert Half has answered, but defendant KCI demurs, arguing that all four counts fail to state a cause of action, are uncertain, and mis‐ join parties. The thrust of KCI's argument is that the FAC fails to allege facts sufficient to support the allegation that KCI was plaintiff's employer. (See FAC, ¶ 13, 20, 29, 35, 41.) Plaintiff argues the FAC sufficiently alleges an employee...

Excerpt: ...that would address the deficiencies discussed herein, this ruling is without leave to amend. An answer must be filed and served on or before October 12, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/29/21 ‐ 20 ‐ If tenant timely contests this ruling, counsel shall appear at the hearing prepared to discuss any additional facts that could be added to the complaint to cure the issues herein. Meet and Conf...

Excerpt: ...f fiduciary duty against Gomez, aiding and abetting breach of fiduciary duty against Gold Star, and intentional interference with prospective economic advantage against Gomez and Gold Star. Background Defendant Ernesto Gomez was first hired by Plaintiff Land Home Financial Services 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 Originato...

Excerpt: ...the following claims against it for the failure to allege sufficient facts to state a cause of action: (8) declaratory relief, (9) breach of contract, (10) breach of the covenant of good faith and fair dealing, (11) negligence, (12) violation of 12 U.S.C. section 2061, (13) violation of Business and Profession Code section 17200, (14) negligent / intentional misrepresentation and (15) declaratory relief. As to causes of action 9 and 10, Ocwen als...

Excerpt: ...n count causes of action fail. Legal Standard Applicable to Summary Judgment Homeowners contend that this action has no merit because, they say, Contractor cannot establish that he suffered any damages as a result of Homeowners' alleged breach of contract. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action ha...

Excerpt: ...parate treatment of Plaintiff on account of her age and perceived disability. Cavallo showed clear favoritism to another younger employee with same job classification, which ostracized Plaintiff. Plaintiff went out on medical leave on February 18, 2019 and did not return to work for Honda. Motion Defendant Honda Finance Corp. brings this motion for summary adjudication of issues on the ground the claims fail as matter of law. Summary Judgment/Adj...

Excerpt: ...ng any portion of the areas of the property in dispute in this litigation, namely the 28' wide strip of land between 20 Alwin Road and Homestead Avenue, and the entirely of the property located at 1000 Homestead Avenue. 2. Trespassing upon any portion of the property commonly known as1000 Homestead Avenue in Walnut Creek, California. This injunction does not prohibit Greg Hart and Kristin Hart from constructing or repairing a fence along their pr...

Excerpt: ...i and Plaintiff Megan Frantz (collectively, “Plaintiffs”)'s Third Amended Complaint (“TAC”). The TAC pleads causes of action against the District for (1) inverse condemnation, (2) trespass, (3) nuisance, and (7) dangerous condition of public property. For the following reasons, the District's MSJ is granted. Request for Judicial Notice Plaintiffs request judicial notice of their opposition papers to Pleasant Hill Recreation and Park Distr...

Excerpt: ... $600,000, secured by the property located at 61 Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction, the Property was sold for $950,000 by credit bid from US Bank as Legal Title Trustee for the Truman Trust. The Trustee's Deed...

Excerpt: ...or a writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) In the alternative, petitioners seek a “trial de novo.” (Gov. Code, § 53069.4.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/22/21 ‐ 31 ‐ The Court finds that the trial de novo procedure is not applicable, because petitioners have not demonstrated that they have had to pay “an administrative fine or penalty.” (Gov. Code, § 53069.4...

Excerpt: ... DATE: 09/15/21 ‐ 3 ‐ California around the time of their wedding in 2018 was a loan, not a gift. Defendants filed their Answer on November 19, 2019, but filed no cross‐complaint against plaintiff then. Now, however, more than a year and a half later, and seven months before their February 2022 trial date, they ask leave to file a late, compulsory cross‐complaint. The proposed Cross‐ Complaint alleges that Elizabeth's husband and Ryan's...

Excerpt: ...ber 29, 2021. Background The court grants Dr. Ross' Request for Judicial Notice to this extent: it takes judicial notice of the existence, contents, and date of the Coroner's Autopsy Report. The court does not take judicial notice of the cause of death stated in the Autopsy Report based on the very authority that Dr. Ross cites, People v. Castillo (2010) 49 Cal.4th 145, 157 (although courts may CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEP...

Excerpt: ...ruled; and (c) the general demurrers to the fifth and ninth causes of action are sustained, with leave to amend. Complaint Allegations Defendant David Born is a former employee of Plaintiff Brighton Jones, LLC, a financial management firm. (Compl. ¶¶ 2, 12.) While Born was employed by Brighton, he formed his own competing financial management company, defendant Private Financial Management, LLC ("PFM"), accessed confidential, proprietary and tr...

Excerpt: ...ross‐defendant Johnson commenced suit against defendant and crosscomplainant John Kenny seeking partition of a condominium unit located in Concord (the "Property") and an accounting. Kenny answered and cross‐complained against Johnson, asserting claims for quiet title and adverse possession of the Property. On June 15, 2020, the Court held a case management conference at which counsel for both parties appeared. (6/15/2020 Min.) Trial was set ...

Excerpt: ...ty and the failure to state facts sufficient to constitute a cause of action: (1) FEHA age discrimination, (4) breach of oral employment contract, (5) intentional misrepresentation, (6) negligent misrepresentation, (7) concealment, (8) breach of fiduciary duty, (9) unjust enrichment and (11) breach of written contract: shareholders' agreement. Uncertainty CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 09/01/21 ‐ 5...

Excerpt: ...e of action for fraud. If plaintiff contests this ruling, he should be prepared to identify such facts at oral argument. Background Plaintiff, Eid Othman, brings suit against GM and several Doe defendants, alleging he purchased a new 2017 Cadillac Escalade ESV on or about November 25, 2018 for personal, family, and/or household purposes pursuant to a contract, purportedly attached to the FAC. (FAC, ¶5.) While there are no exhibits attached, the ...

Excerpt: ...). For the reasons set forth, the motions to compel arbitration are granted, and the action shall be stayed pending completion of the arbitration proceedings. Background The five Plaintiffs are former employees of AAA NCNU. They allege ten causes of action for various forms of discrimination, harassment, retaliation, and wrongful termination, among other claims. They also allege a claim against the Company and Defendant O'Dell for intentional inf...

Excerpt: ...‐Benz USA (“MBUSA”), Mercedes‐Benz Financial Services USA (“MBFS”) and Sonic Walnut Creek M, Inc. (“MBWC”). The issue before the court is whether the parties to this motion reached a binding settlement agreement through an exchange of emails in April 2021 and/or plaintiff's signing of a subsequent settlement agreement and release, or only a preliminary agreement that would not be effective until a formal written settlement agreeme...

Excerpt: ...Rudgear Drive, in Walnut Creek. Plaintiff allegedly defaulted on the loan on February 1, 2010. Defendant Attorney Lenders Services, Inc. was appointed as Trustee for the sale. Defendant US Bank National Association is the Legal Title Trustee for Truman 2016 SC6 Title Trust, the holder of the Deed of Trust. On April 15, 2021, Defendant Attorney Lender Services conducted the Trustee's sale. At the auction the Property was sold for $950,000 by credi...

Excerpt: ...LP (“National Retail” or “Landlord”). Because Fitness International does not shift the burden to Landlord by demonstrating that the action has no merit, the motion is denied. (See Code Civ. Proc., § 437c, subdiv. (a) & (f).) Background The facts in this case are largely undisputed. Parties entered into a lease agreement dated June 30, 2015, whereby Fitness International agreed to lease property from National Retail. (Statement of Undispu...

Excerpt: ...shall be filed no later than November 3, 2021, any reply to the opposition shall be filed by November 12, 2021, and courtesy copies of all papers shall be delivered to Chambers concurrent with the filings. Background Plaintiff alleges he was struck by a vehicle driven by defendant Mr. Gomez while riding his bicycle uphill on Pleasant Hill Road after dark. He has also sued defendant Contra Costa County, alleging "poor street lighting, the dangerou...

Excerpt: ...Ramon, California. She alleges a claim for premises liability based on negligence and willful failure to warn of a dangerous condition at the restaurant. She contends Defendant negligently maintained the premises and failed to place cones to warn customers of the slippery floor when Defendant's employees mopped the floor in the location where she fell. (Gebhart Decl. Exh. A [Pl. Complaint].) Standards Applicable to Summary Judgment Under Code of ...

Excerpt: ...It is sustained as to BCI regarding the first seven causes of action, with leave to amend. (CCP § 430.10 (e).) Any amended pleading shall be filed and served on or before September 8, 2021. If Smith elects to amend, he shall file a redlined copy of the amended cross‐complaint with his Opposition to any further demurrer, so the court can track the changes. When referring to both cross‐defendants collectively, the court will refer to them as B...

Excerpt: ...n disregard for the safety of others"; (3) the "Exemplary Damages Allegations" of paragraphs 42 through 48 in their entirety; and (4) paragraph B of the Prayer for Relief in its entirety. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 08/18/21 ‐ 25 ‐ This ruling is made without prejudice to Plaintiff subsequently moving for leave to amend to reassert a demand for punitive damages if Plaintiff can demonstrate she...

Excerpt: ...ed infection control officer and licensed paramedic, was employed by plaintiff, San Francisco Federal Credit Union, since November 2017 as an Information Security Engineer. (Fielding Decl., ¶1.) In that capacity, he developed a Disaster Recovery and Pandemic Plan that was approved by the CEO. (Id., ¶2.) When the March 2020 Covid‐19 related shutdown orders went into effect, plaintiff opted not to implement the plan. (Id., CONTRA COSTA SUPERIOR...

Excerpt: ...Distribution”)'s claims are subject to a mandatory, enforceable and reasonable forum selection clause, establishing the state and federal courts of the counties of Benton and Washington, Arkansas as the jurisdiction for these claims. Request for Judicial Notice Walmart requests Judicial Notice of the Walmart Realty Supplier Agreement (“Supplier Agreement”) between Walmart and Plaintiff's affiliate, K2‐PS. (See Walmart's RJN; see also Caps...

Excerpt: ...edical Group, Inc. Plaintiff alleges she was wrongfully discharged in retaliation for disclosing Medicare fraud, tax fraud and unprofessional conduct. Plaintiff filed this action for retaliation, wrongful termination and violation of the CA Labor Code Private Attorneys General Act. Motion Pursuant to Code of Civil Procedure §1281.2, Defendant Diablo Nephrology Medical Group, Inc. moves this Court for an order compelling arbitration. Defendant fu...

Excerpt: ...e some unauthorized modifications to the unit. Defendants' lease was involuntarily terminated and they vacated the premises about a month prior to October 21, 2019. Defendant Cutting Edge Property owned, operated, and controlled the property. Ronald Scott was an employee of Brinckerhoff & Knez, Inc. dba HL Commercial Real Estate. Scott was in Unit 14 performing his duties as the Property Manager Assistant, when he fell and suffered injuries due t...

Excerpt: ...gence, and active or passive negligence is limited to $77,800. While Eaglelift's motion was filed when the operative pleading was plaintiff's First Amended Complaint, this ruling applies equally to the current operative pleading, plaintiff's Second Amended Complaint (“SAC”). Thus, this limit on Eaglelift's liability applies to the first four causes of action of the SAC, but not to the fifth. Background The parties provide additional context f...