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: ...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: ...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: ...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: ...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 �...