Excerpt: ...ctively “Plaintiffs”) own property located at 4123 Happy Valley Road in Lafayette, California. Sometime in approximately 2007, Defendant East Bay Municipal Utility District (“EBMUD” or “Defendant”) approached Plaintiffs seeking to purchase an approximately .58‐acre portion of Plaintiffs' undeveloped property (the “Property”) as a site for the Sunnyside Pumping Plant (the “Plant”). The parties spent the next few years negotia...

Excerpt: ...tore (“Store”) located at 2515 Somersville Road in Antioch, CA on August 13, 2018. (UMF 1.) She alleges that she slipped on a pool of water while walking down aisle 9 of the Store, injuring herself. (UMF 2.) The incident occurred at approximately 2:05 p.m. (Decl. of Michael S. Richardson, Ex. F) Defendants' employees are trained to walk up and down the aisles, and to cone off and immediately clean any spills, making sure not to leave them una...

Excerpt: ...family home combined with a separate in‐law unit, commonly referred to as 119 Bruce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltz's property, located at 113 Bunce Meadows Drive in Alamo. The Kiltz's predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhangin...

Excerpt: ...f contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Plaintiff is in pro per. The Court notes that the inclusion of Defendants' notice gives the impression of an overly‐long brief; however, counting from page 11 (the onset of the memorandum of points and author...

Excerpt: ...) failure to prevent discrimination and harassment, (6) failure to accommodate and (7) failure to engage in the interactive process. Plaintiff also sued the City for wrongful‐ constructive termination, but that claim has been dismissed. The City is moving for summary judgment of all claims or, alternatively, summary adjudication of each cause of action. Discrimination (C/A 1 and 2) Plaintiff sued the City for age and disability discrimination. ...

Excerpt: ...the matter was continued to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a yea...

Excerpt: ...F”) No. 20 as ineffectively disputed by plaintiffs' expert, Dr. Barnett; Gomez Decl, ¶ 16; Barnett Decl., ¶ 14, 15, 19.) Background This is a case for medical malpractice and loss of consortium. The plaintiffs are Dean Habegger and his wife, Debbie Habegger. The TAC alleges that Mr. Habegger (who was then 66 years SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 04/20/2022 2 of age and had previously ...

Excerpt: ...1‐2.) The Fifth Cause of Action of the SAC alleges that defendant EagleLift committed intentional misrepresentation by stating it had installed 12 interior posts (SAC, ¶ 46, 47), and that defendants Alpine and Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017 that all pertinent work done by EagleLift, was performed “as designed.” (¶ 50.) These representations were false because not all posts and pie...

Excerpt: ...nt, LLC and Betty Dominici. Plaintiff also move to add additional parties, Maruyama Holdings, LLC (as plaintiff) and Ravelloview LLC, A & A Health Services, LLC, AAHS San Pablo LH, LLC; A&A Living, LLC; Alamo Health Management, LLC; and Alamo Senior Living Management, LLC (as defendants). Plaintiff seeks to add about 12 new claims. The proposed SAC seeks to add Maruyama as a Plaintiff in the furtherance of judicial economy. Maruyama's claim runs ...

Excerpt: ...tructive eviction cause of action fails as a result of CCP section 1166(d)(1); and (iv) that the entire complaint is uncertain under CCP section 430.10(f). Murray opposes. The Meet and Confer The Court has carefully reviewed the declaration submitted by counsel for Kizirian as well as the declaration submitted by counsel for Murray. Kizirian's declaration does not meet the requirements of CCP section 430.41(a) in that it does not specify the mann...

Excerpt: ...ates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s First Amended Complaint (“FAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligent misrepresentation; (4) negligence; and (5) negligent infliction of emotional distress. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following rea...

Excerpt: ... of forum non conveniens, Defendant's motion is untimely. “A motion to stay or dismiss on the ground of inconvenient forum must be made within the time permitted to plead, i.e., 30 days after service of the complaint, unless extended by stipulation or court order. (§ 418.10, subd. (a).)” (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1295.) This ruling does not preclude Defendant from raising the objection after a general appeara...

Excerpt: ...to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a year later in April 2021.) I...

Excerpt: ...den of proof that the Hofmann's breached their duty to disclose. The Hofmanns filed this petition to confirm the arbitration award. The Johnsons oppose the petition, arguing that the arbitration award should be vacated. If a petition is filed and served, the Court must confirm an arbitration award unless it corrects the award, vacates the award or dismisses the proceeding. (Code Civ. Proc. § 1286.) “Judicial review of an arbitrator's award is ...

Excerpt: ...eneral demurrer is sustained, with leave to amend; and (3) the special demurrer for uncertainty is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/06/22 ‐ 4 ‐ Factual Background Pertinent to Motion to Strike and Demurrer Cross‐Complainant Jeri Iancu in the capacity as Executor of the Estate of Jerry Kilarr ("Executor") filed a cross‐complaint with a single cause of action for breach of contract ...

Excerpt: ...on December 13, 2019. An amended proof of service filed on September 23, 2021 indicates defendant Ho was personally served at 939 Clement Street, San Francisco on July 15th. An amended proof of service filed on September 23, 2021 indicates defendant He was served by substituted service on June 27th at 939 Clement Street, San Francisco. After defendants failed to appear, their defaults were entered on October 4, 2021. Both moving defendants appear...

Excerpt: ...against a suit even ‘ “where the evidence suggests, but does not conclusively establish, that the loss is not covered.” ' [Citation.]” (Hartford Casualty Ins. Co. v. Swift Distribution, Inc. (2014) 59 Cal.4th 277, 287.) “ ‘Determination of the duty to defend depends, in the first instance, on a comparison between the allegations of the complaint and the terms of the policy. [Citation.] But the duty also exists where extrinsic facts kn...

Excerpt: ...a member of the District's Measure R Citizens' Bond Oversight Committee. Respondent demurs to Petitioner's writ pursuant to Code of Civil Procedure (“CCP”) § 1089 on the grounds that quo warranto is the exclusive remedy available to Petitioner as the writ relates to a public office. For the following reasons, the Demurrer is sustained, with leave to amend to sue in quo warranto (with permission from the Attorney General). Legal Standard A pe...

Excerpt: ...d Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017, after the work was completed, that all pertinent work done by the contractor, Eaglelift, was performed “as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/30/22 ‐ 2 ‐ designed.” This representation was false because not all posts and piers called for in the design were installed. (SAC, ¶ 49.) Alpine now moves for ...

Excerpt: ...ons for issuance of writs of attachment and right to attach orders as to defendants Tony Bess and Juliane Bess, conditioned on Plaintiff posting an undertaking of $10,000, and (2) denies the claim of exemption. Factual Background Plaintiff Seaside Plaza, LLC ("Seaside") has filed a complaint for breach of lease against defendants Tony Bess and Juliane Bess (collectively, the "Besses"). The Pao Declaration supporting the applications attaches an i...

Excerpt: ...es. (Complaint, ¶11.) Plaintiff was admitted to Shields Richmond Nursing Center (“Shields”) for skilled rehabilitation services on June 21, 2020, and again on September 3, 2020, after he was hospitalized. (Complaint, ¶13.) In January 2022, plaintiff filed this lawsuit for negligence and elder abuse claims related to his residency at the facility. (Declaration of Otis L. O'Cain, ¶1‐2.) Defendants, Shields Nursing Center, Inc. and William ...

Excerpt: ...iffs are entitled to punitive and exemplary damages in the amount to be proven at trial"); (2) Prayer ¶ 3 ("For punitive damages as the Court see fit") to the extent sought against Yudien; and (3) Prayer ¶ 4 ("For reasonable attorney's fees") to the extent sought against Yudien. Background Plaintiffs have sued Jordan Yudien for breach of fiduciary duty in the third cause of action of the Complaint. Yudien was counsel for defendants Constance Ki...

Excerpt: ...wen Yao received her third injection of Faslodex in her right and left buttocks. (Comp. ¶7.) After the injections, Yao's left leg became paralyzed and after one week the paralysis was replaced with pain. (Comp. ¶9.) It is alleged that the nurse's injection of Faslodex into the leg buttock was the cause of the paralysis. (Comp. ¶¶7‐9.) A defendant meets its burden on a motion for summary judgment by showing either that plaintiff's claims hav...

Excerpt: ...n additional deposition of Plaintiff's representative Azad Amiri limited to addressing the facts and issues set forth in the amendments to the First Amended Complaint ("FAC") made in the 2AC; and (3) Plaintiff shall pay the actual reasonable CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/16/22 ‐ 3 ‐ cost of the court reporter's fees incurred by Defendants for the additional deposition of Azad Amiri, estimated...

Excerpt: ...ond, and third causes of action of the complaint are also overruled. Defendant shall file his answer to the Complaint by March 30, 2022. Background Plaintiff Reginald Jackson brings a complaint for quiet title against his brother, defendant Lambert Jackson. The property subject to the action is a residential property located at 5254 Bayview Street in Richmond ("Bayview Property"). (For clarity, this ruling will refer to the parties by their first...