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: ... 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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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...