Excerpt: ... the Law Office of Kenneth R. Graham on June 2, 2014. Collection efforts ensued. On October 20, 2021, defendants filed a motion to vacate the judgment. After an evidentiary hearing, the Court denied the motion to vacate. Defendants then filed a motion for reconsideration which was set for hearing on April 1, 2022. A judgment debtor exam took place on January 24, 2022 after which parties discussed settlement. (Declaration of Ronald W. Carter in Su...

Excerpt: ...d K Supply to purchase bricks. While at Diamond K, plaintiff got into a heated argument with an employee of the business, Efrain Lepe. After plaintiff left defendant's premises and returned to his job site, plaintiff developed a severe headache. Plaintiff was taken to the hospital where a CT scan of his head revealed numerous aneurysms of the brain, most notably, a right middle cerebral artery (MCA) aneurysm that had ruptured. Plaintiff required ...

Excerpt: ...aintiffs”). The MSA is opposed by the defendants/respondents, San Joaquin County Emergency Medical Services Agency and the County of San Joaquin (collectively, “Defendants”). The Court previously denied Plaintiffs' MSA in November 2021. In bringing the renewed MSA, Plaintiffs contend that City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010 (“Oxnard”), which was decided after this matter was submitted and finalized after the C...

Excerpt: ...is case involves the personal injury and eventual death of Ms. Loyola Meagher (hereinafter “Loyola”), who was an elderly woman who suffered a stroke in August 2017. On September 12, 2017, after a stay at John Muir Medical Center, she was placed in the care of defendant, Manor Care of Walnut Creek, LLC (“Manor Care”) for rehabilitation and skilled nursing services. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” ...

Excerpt: ...m breach of a home equity line of credit originally issued by National City Bank. Defendants answered, generally denying that any debt is owed and asserting various affirmative defenses, including that the complaint is barred by the statute of limitations and Piedmont violated the Fair Debt Buying Practices Act. Defendants also filed a cross‐complaint against Piedmont to redress its debt collection practices. The material facts are largely undi...

Excerpt: ...filed by October 15, 2022. Background On December 6, 2021, Defendants Jeremy D. Williams, Raymond Landry, and Synthia Jones‐Clark ("Cross‐Complainants") filed a cross‐complaint naming as cross‐defendants plaintiffs Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, who is now deceased, and William Simpich, who is counsel for the Plaintiffs and other named CrossDefendants. On January 11,...

Excerpt: ... documents and witnesses. Defendant Karen Moroz objects to the motion to consolidate arguing that “Plaintiffs' 2019 Action is not pending before the Court.” (Objection at 1:28‐2:1.) Factual Background: Plaintiffs filed the instant case in December 2019. A First Amended Complaint (“FAC”) was filed on May 4, 2022. The FAC alleges five causes of action: (1) strict liability; (2) negligence; (3) intentional infliction of emotional distress;...

Excerpt: ...) nuisance. (The caption of the Complaint references a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Defendant moves on the grounds that the HOA is entitled to make decisions SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 09/02/2022 15 regarding landscaping under the Conditions, Covenants, and Restrictions (CC&R's) of the HOA, that the HOA's dec...

Excerpt: ...round Plaintiff Todd Alden Whitacre was a pump man aboard the tanker ship SLNC PAX for just under four months. (First Amended Complaint, also referred to herein as “FAC,” 2:19‐22.) Over two days, November 26‐27, 2018, plaintiff dried out the pumproom. The next day he called the medic and complained of irregular heartbeats. (FAC, 5:19‐23.) Plaintiff wrote an official ship statement after the cleaning operation, stating he "felt wobbily [...

Excerpt: ... First Cause of Action, and is otherwise overruled. Defendants shall file an answer to the Third Amended Complaint on or before September 22, 2022. The basis for this ruling is as follows. A. Plaintiffs' Evidentiary Objections. Plaintiffs' evidentiary objections, filed with plaintiffs' opposition memorandum on August 22, 2022, are overruled. The Court may take judicial notice of court filings and orders that are pertinent to defendants' res judic...

Excerpt: ...of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the “Property”). (SAC ¶3, Ex. A.) In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice (“RJN”), Ex. B.) In October 2004, Plaintiff obtained a home equity line of credit in the maximum amount of $100,000 from E‐Loa...

Excerpt: ...e near Edward Avenue in the City of Pittsburg when a vehicle driven by defendant Mikenya Moss struck him. (FAC ¶ 10.) Plaintiff alleges the City controls and maintains the road where Plaintiff was struck. (FAC ¶ 7.) After the Court sustained a demurrer by the City of Pittsburg ("City") to Plaintiff's original complaint, Plaintiff filed his FAC alleging a first cause of action for dangerous condition of public property against the City under Gov...

Excerpt: ...urt on July 11, 2022. Statement of Facts: On January 14, 2020, Petitioner entered a plea of Nolo Contendre to one count of violation of Vehicle Code section 20001(a) (“Section 20001”), “Hit And Run Resulting In Death Or Injury Felony.” (AR 33‐34.) The plea had the same effect as a guilty plea. (Ibid.) The imposition of a sentence was suspended. (AR 31, 33‐ 34.) Petitioner was, however, placed on formal probation for five years, on ter...

Excerpt: ...oss Defendant is Vila Construction Co. (Vila). Defendants are DTR Asset Management, LLC (“DTR”) and Randy Wilcox, dba Oliver's Towing. CrossComplainants are DTR and Oliver's Tow, Inc. Vila filed the operative second amended complaint (“SAC”) on September 14, 2021. Vila alleges two construction contracts between Randy Wilcox as “Owner” and Vila Construction as “Contractor.” The first contract, dated August 21, 2019 and titled “AI...

Excerpt: ...Alamo. Defendants/Cross‐Complainants Kathryn Martin and David Kurtzman are husband and wife who, just before the incident, adopted rescue dog, Sergio, from Cross‐Defendants Intermountain Mutts and Teresa Lynn Howden (collectively, “IMM”). Martin and Kurtzman were walking Sergio when they encountered Darlene Sinclair and her granddaughter, Plaintiff Jane Sinclair. Sergio unexpectedly pulled his leash from Martin's hands and sprang at Jane ...

Excerpt: ...��Defendants” or “Venhaus”)'s motion for judgment on the pleadings (“Motion” or “MJOP”). The MJOP relates to Plaintiff Matthew Horner, in the Capacity of Trustee of the Carl J. Garrett and M. Ann Garrett Family Trust as Successor in Interest for Former Carl Garrett (“Plaintiff” or “Horner”)'s Fifth Amended Complaint (“5thAC”). The 5thAC alleges five causes of action for (1) elder abuse; (2) negligent breach of fiduciary ...

Excerpt: ...�MBUSA”) manufactured or distributed the Vehicle. (Yeh's husband, David Chin, is also a plaintiff.) Plaintiffs complained of numerous defects with the vehicle, including defective windshield wipers, steering column, electrical issues, defective software and vehicle shutoff. MBUSA refused to repurchase the vehicle. Plaintiff filed this action for violation of the Song‐Beverly Consumer Warranty Act, Failure to Commence Repairs within a Reasonab...

Excerpt: ...end. Pacheco and Mejia contend that Pena sexually harassed Pacheco while the two worked together at Mechanic's Bank. Pena filed this action against Mejia on February 1, 2021. Pena alleges Mejia subjected him and his family to harassment that included threats of physical violence. The harassment included frequent, vulgar and threatening calls and text messages. Mejia allegedly posted flyers in Pena's neighborhood (and on Nextdoor.com) accusing Pen...

Excerpt: ...in the Capacity of Trustee of the Carl J. Garrett and M. Ann Garrett Family Trust as Successor in Interest for Former Carl Garrett (“Plaintiff” or “Horner”)'s Fifth Amended Complaint (“5thAC”). The 5thAC alleges five causes of action for (1) elder abuse; (2) negligent breach of fiduciary duty; (3) fraud; (4) breach of contract; and (5) abuse of process. Defendants' Motion is directed towards the fifth cause of action for abuse of proc...

Excerpt: ... Civil Code section 1021.5. Real Party requests a total fee award of $1,191,967.30 (which includes a 1.5 multiplier.) Under section 1021.5, a court may award fees to a party where (1) the party was successful; (2) the party enforced an important right affecting the public interest; (3) the party conferred a significant, whether pecuniary or nonpecuniary, on the public; and (4) the necessity and financial burden of private enforcement makes an awa...

Excerpt: ...a portion of the "‘ten‐foot wide paved service road,' commonly referred to as the Delta de Anza Trail,” his front bicycle tire became perilously lodged in a gap between concrete slabs of the paved road. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' bicycle suddenly and uncontrollably stopped, and simultaneously, ejected him forward over the handlebars head‐first into the concrete pavement. Mr. G...

Excerpt: ... the District's findings are not supported by the evidence. The writ asks the Court to “set aside the findings and sanctions … and order no further administrative action.” (Pet. Brief ISO Writ 20:27‐21:1.) The District opposes. The prayer for relief does not include a request that the Court reverse, set aside, or otherwise take action with respect to an expulsion or specific punishment. Preliminary Matters Request for Judicial Notice Doe'...

Excerpt: ...responsive declaration to the order to show cause and good cause not having been shown. (Minute Order.) The case was dismissed with prejudice following Plaintiff's failure to appear at a hearing regarding failure to prosecute and serve defendants. (Minute Order.) The unopposed Motion to Set Aside Dismissal is granted pursuant to the mandatory relief provisions of CCP § 473, subdivision (b). Plaintiff's Counsel is hereby directed to pay an award ...

Excerpt: ... and rejection of a government claim prior to commencing suit. The City's request for fees pursuant to Code of Civil Procedure section 1038 is granted in the amount of $9,400 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 07/29/2022 against plaintiff herself. The motion for sanctions against counsel is also granted. Plaintiff's counsel, California Trial Law Group, PC, shall be jointly liable for the abo...

Excerpt: ...laintiffs”) claim general and compensatory damages, punitive and exemplary damages, prejudgment interest, and costs of suit after Ms. Lynch was allegedly injured by Karen Moroz's (“Defendant”) pet dog. (First Amended Complaint (“FAC”) at 7:4‐10.) “This is not a dog‐bite case.” (FAC at 3:4.) This is a large, clumsy dog offleash case. (FAC at 3:6.) Defendant owns a large, 5‐year‐old dog named “Vera.” (FAC at ¶7.) Vera, a ...