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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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