Excerpt: ...h Causes of Action is granted. This matter was previously on calendar on October 5, 2020. The Court continued the hearing to allow for further discovery, as requested by Plaintiffs. The Court permitted Plaintiffs to conduct additional discovery regarding defendants Eli Matoza's and Marianne Bordogna's joint checking account at Patelco Credit Union, used by them to jointly purchase the Farragut property. Plaintiffs served additional document reque...

Excerpt: ... grounds. Procedural Grounds Code of Civil Procedure section 437c(f)(2) provides, in relevant part, “A motion for summary adjudication may be made by itself or as an alternative to a motion for summary CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 23 HEARING DATE: 12/21/20 ‐ 2 ‐ judgment and shall proceed in all procedural respects as a motion for summary judgment.” (Emphasis added.) The Motion here purports to be made in t...

Excerpt: ... Memorandum of Costs. On December 1, 2020 Mr. Wilson filed his Opposition to the Plaintiff's Motion to Strike. In this opposition, Mr. Wilson stated as follows: “Burch has been disqualified from considering or deciding any matter involving me. He has acted criminally and otherwise wrongfully against me. I have made a clear public record of Burch's crimes and otherwise wrongful acts and have previously directed his attention to that public recor...

Excerpt: ...gment and the matter was scheduled for trial de novo on November 5, 2020. On that date, both parties appeared and the Plaintiff (Edilberto Africa) requested that he be able to file a motion objecting to the County's standing to pursue a trial de novo in this case. The court granted Plaintiff's request. Plaintiff then filed his motion on November 6, 2020 and the Defendant filed its Opposition on December 1, 2020. Plaintiff first contends that at t...

Excerpt: ...t never filed an answer. 3. The Plaintiff did nothing to take a default or otherwise bring this case to resolution between September 7, 2018 and February 02, 2020. 4. The court issued an order to show cause (OSC) to the Plaintiff on August 23, 2019 directing that the Plaintiff appear in court on February 20, 2020 and respond in writing as to why it had not taken a default. A written response to the OSC was not filed; nor did the OSC prompt the Pl...

Excerpt: ...r) for all purposes. Plaintiffs may file substantive opposition papers, without waiving their already stated procedural objections, on or before April 5, 2021. Plaintiffs may also conduct additional discovery specifically directed to the issues raised in defendant's pending motion, without regard to any previously established discovery cutoff. Defendant may file reply papers on or before April 15, 2021. Both sides have expressed concern about the...

Excerpt: .... At its core, that order depended on the conclusion that there was no reason for Department 15 to exercise its discretionary power to dismiss the case without prejudice under Bus. & Prof. Code section 6201(a) because the Defendants in fact had already been made aware of their right to arbitrate any fee dispute with Plaintiff before this case was filed. In this court's view, the Defendants' ex parte motion had failed to advise the court of facts ...

Excerpt: ...v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850; Undisputed Material Facts Nos. 1‐37.) Plaintiff has submitted no admissible evidence sufficient to raise a triable issue of material fact. (See Code Civ. Proc. 437c subds. (b)(2) & (d).) This ruling is directed only to the First and Second Causes of action of plaintiff's complaint (negligence and declaratory relief), because plaintiff dismissed all other causes of action on November 16, 202...

Excerpt: ...dant's previous motion (filed January 10, 2020) to set aside the default judgment previously entered on October 16, 2019. The denial was based upon defendant's failure to include a proposed answer with his motion to vacate. Defendant's prior answer had been stricken by order of Department 15. Therefore, at the time of this court's ruling on August 18, 2020 there was no Answer on file in the case. Undeterred, counsel for Defendant on August 24, 20...

Excerpt: ...vil Procedure section 337(b). Defendant appears to argue that the applicable four year period began to run when the Plaintiff failed to make a monthly payment when due. He alleges that event took place on April 27, 2011, one month after the loan was made. He relies on the loan agreement language (Plaintiff's Exhibit B, at page 3, Item I entitled “Whole Loan Due”) as indicating that when he allegedly defaulted on his obligation to pay an insta...

Excerpt: ...held themselves out as being entitled to legally perform architectural work without the required state license. The complaint asked for a refund of money already advanced to the defendants ($15,930), unspecified compensatory damages, treble damages under Civil Code section 3294, unspecified punitive damages, and attorney fees. The file reflects that the complaint was filed as a “Limited Jurisdiction” case and the court record indicates that t...

Excerpt: ... amend a given affirmative defense as to which the demurrer has been sustained, the Court's ruling shall not prejudice defendant's right to timely move for leave to add that defense back into the answer at a later date. Under established California law, such leave to amend is granted liberally. A. Preliminary Matters. A‐1. Discovery. Plaintiff refers to discovery matters in the memorandum of points and authorities filed in support of plaintiff'...

Excerpt: ...is report of November 5, the Plaintiff's motion was filed before the November 9 hearing scheduled by the discovery facilitator. This is the second such occasion on which the Plaintiff has insisted on filing a motion to compel before the pertinent discovery disputes of the parties have been discussed with the discovery facilitator. Plaintiff's premature filing of his motion is not just a technical violation of Local Rule 3.301(a)(1); this manner o...

Excerpt: ...th cause of action without leave to amend. The demurrer is otherwise overruled in all other respects. Plaintiffs shall file and serve any amended complaint on or before November 30, 2020. Background Plaintiffs Danae Braggs and Marcus Wright entered into a written lease agreement on or about January 30, 2018, to rent a single‐family home located at 1625 Kingsley Drive in Pittsburg. Defendants Terrance Thompson, Donna Thompson, and Antoinette Tho...

Excerpt: ...and mailed to the Defendant by Plaintiff's counsel on October 9, 2019. Defendant had already filed a Bill of costs on September 20, 2019 and Plaintiff opposed that request on December 27, 2019. In a ruling entered on the record on February 10, 2020 this court, having determined that the Defendant' Bill of Costs was too vague, directed Defendant's counsel to file a more specific, detailed Bill of Costs by February 24, 2020. That deadline came and ...

Excerpt: ... subrogation claim relating to an automobile accident with claimed damages of $12,761. Defense counsel for both defendants filed their answer to the complaint on December 17, 2019. It appears that on August 7, 2020 the Plaintiff filed its Motion to Deem Requests for Admissions Admitted based upon its allegation that the Requests for Admissions had been served but no response had been received within the required 35 day period (CCP §2033.250 – ...

Excerpt: ...ORNIA DEPARTMENT: 23 HEARING DATE: 10/26/20 ‐ 2 ‐ appears to be limited to a contention that this court should order defendant to modify their responses to interrogatories by deleting the terms “Independent Medical Examination” or “IME” from their interrogatory responses and be required to refer to such a medical examination by use of some terminology with less potential to prejudice the Plaintiff. This court notes that many reported ...

Excerpt: ... was not a final judgment because it was not embodied in a signed writing as required by Code of Civil Procedure 581d. This is a limited jurisdiction case involving a motor vehicle accident that occurred on February 12, 2016, The complaint was filed on February 13, 2018. The complaint has never been served and no answer has been filed. At the outset, this court notes that the complaint may well be subject to a demurrer because more than two years...

Excerpt: ...any supplemental pleadings based upon any new evidence that they have discovered those pleadings shall be filed by the plaintiffs with the court and served on the defendants on or before November 30, 2020. If the defendants, Bordogna and Keller‐Williams wish to file any responsive pleadings, those pleadings shall be filed on or before December 14, 2020. Background In June 2015 plaintiffs Joseph and Rosalia Polizzi purchased 389 South Avenue in ...

Excerpt: ...at the motion was accompanied by a “medical record,” that record makes no mention of the Defendant complaining of or being diagnosed for Irritable Bowel Syndrome (IBS). In order to account for the absence of any medical record as part of the Defendant's initial motion, she has filed a reply that contains a single source of information found on the Internet that states that “there's no test to definitively diagnose IBS.” However, there are...

Excerpt: ...round Facts The subject property, a multifamily residential income property, is located at 5314 Bayview Avenue in the Richmond. The property was jointly purchased in January 2011. Plaintiffs Shachar Hadar and Ester Koyler are husband and wife and own an undivided 50% tenancy‐in‐common interest in the subject real property. Defendants Gershon Luria and Irit Sanger, husband and wife, own the remaining undivided 50% tenancy‐in‐common interes...

Excerpt: ...0. Background In or about 2018, plaintiff Edwin Tiu and defendant Michael Martin formed the membermanaged limited liability company, Fire Wings Concord (hereinafter, "Fire Wings" or “LLC”), for the purpose of owning and operating a restaurant. (Complaint, ¶6.) Plaintiff and Martin each own a fifty percent interest in Fire Wings and maintain the same percentages of economic interests. (Ibid.) Plaintiff alleges that, shortly after opening for ...

Excerpt: ...ater‐ damaged or fire‐damaged. Apparently, Abdul‐Azim sought the services of Plaintiff based on a referral from Amica. Amica was not a party to the cleaning and restoration contract entered between Abdul‐ Azim and Plaintiff. That contract did provide that Abdul‐Azim agreed to transfer her right to receive insurance proceeds to Plaintiff. That agreement did not purport to bind Amica in any way. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIF...

Excerpt: ...dant Mr. Cucho struck the bus head‐on on San Pablo Road, injuring Ms. Ifraz. She sued the driver Mr. Cucho and defendant Mr. Pacahualo who was the registered owner of the vehicle. (References in this tentative ruling to "Mr. Cucho's truck" or "Mr. Cucho's vehicle" are for convenience and refer only to the vehicle he was driving, recognizing the vehicle was apparently titled to Mr. Cucho's father.) Ms. Ifraz added Scavengers Construction as a de...

Excerpt: ... LLC dba Mr. Cooper and Defendant U.S. Bank National Association, as Trustee for Lehman XS Trust Mortgage PassThrough Certificates, Series 2007‐5H (collectively, “Defendants”). The MJOP relates to Plaintiff Bryant Weekly as Executor of the Estate of Lucille Weekly (“Plaintiff”)'s Complaint for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2924.9; (3) wrongful foreclosure; (4) unfair business practices (Bus. & Prof....