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: ...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: ...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: ...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: ...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: ...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: ...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: ...��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: ...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: ...�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 ...

Excerpt: ...n pedestrian access between Glen Road and Happy Valley Road to hose persons, if any, who held easements of record granting them such access before S‐3 was approved and that S‐3 did not create in favor of members of the general public, a private right‐of‐way easement, or grant rights of any kid, allowing members of the general public access across the Dips.” (SAC ¶ 26.) Statute of Limitation and Writ Arguments The City argues that chall...

Excerpt: ...siblings who inherited four parcels of property in Contra Costa County upon the death of their mother in 2002. The properties are a commercial property at 1031‐1041 Blackwood Lane, Lafayette (“Lafayette Property”) and a residential property at 3343 Freeman Road, Walnut Creek (“Walnut Creek Property”). Plaintiff and Defendant each own an undivided onehalf interest in the properties. The parties agreed to that rents from the Lafayette Pro...

Excerpt: ...the “Motion”). Defendants' Motion moves to strike allegations in the First Amended Complaint (“FAC”) related to (1) alter ego, (2) the Third Cause of Action for Unfair Business Practices, (3) the Fifth Cause of Action for Intentional Misrepresentation, as well as (4) portions of the Prayer pertaining to the Unfair Business Practices and Intentional Misrepresentation causes of action. Defendants' Motion is filed at the same time as Defenda...

Excerpt: ...ed uninhabitable “Due to the (STRUCTURE BEING LOCATED ON THE TOP OF A SLOW MOVING LAND SLIDE) That is affecting this property's front and side Yards as well as the public street in front of this property.” (Comp. ¶4.) The Notice regarding the “Red Tag” further provided that for it to be lifted and occupancy of the house permitted, “the owner or buyer must contact a Registered Soil or Geotechnical Engineer to have a plan prepared to fix...

Excerpt: ...urance Company, was the insurer of property owned and operated by Lifelong Medical Care. (Complaint, ¶7.) On or about December 22, 2018, the property was damaged when a fire suppression system discharged water. Defendants' negligence caused the loss because, as fire suppression systems experts, defendants knew or should have known that the sprinkler installed was too close to the heating vent and/or not sufficiently rated given its proximity to ...

Excerpt: ... out of Monterey County Superior Court Case no. DR43762. (See Complaint at Attachment 8.) Specifically, Plaintiff alleges that Defendant Monterey County (sued erroneously here as Monterey County DCSS) erroneously reported his child support obligations to credit bureaus, harassed him to pay child support, and miscalculated his child support obligations. (See id.) Plaintiff further alleges that these actions by Defendant prevented him from securing...

Excerpt: ...aintiff filed this action on March 4, 2022. On her form complaint, plaintiff lists nine causes of action: (1) Breach of Contract; (2) Retaliation, (3) Trespass, (4) Declaratory Relief, (5) Invasion of Privacy, (6) Illegal Charges, (7) Intentional Infliction of Emotional Distress (“IIED”), (8) Violation of Tenant Protection Act, and (9) Violation of Tenant Relief Act. The allegations set forth in support of these causes of action are as follow...

Excerpt: ...u Voltaire has alleged that she was driving in the City of El Cerrito (the "City") on October 27, 2019 when she sustained damages from falling tree branches. The trees from which the branches fell were located on the median between property owned by Sumrad Investments (“Hotel”) and the street. Plaintiff filed this suit for damages on August 4, 2020 against the City of El Cerrito and the Hotel. After a demurrer by the Hotel was partially susta...

Excerpt: ...le and that St. Mark's Methodist Church of Orinda, California is not the fee simple owner of the Church on Moraga Way. Plaintiffs St. Mark's Church of Orinda and Moraga and St. Mark's Methodist Church of Orinda, California (“St. Mark's”) sued California‐Nevada Annual Conference of the United Methodist Church (“United Methodist”) for declaratory relief, quiet title, trespass, fraud, conversion and unfair business practices. United Method...

Excerpt: ... Material Fact, Issue 1, No. 1 (hereinafter “UMF [issue:fact].”) The lot immediately to the south, 161 Ardmore Road, was acquired by Defendant in 2013. (UMF 1:2.) The property line between the properties, which is the main dispute in this matter, runs generally east/west. Between the two properties is a picket fence running from the front of the houses toward the back of the lots – where it meets with the northern wall of 161 Ardmore's gara...

Excerpt: ...ng causes of action: (1) quiet title, (2) continuous trespass, (3) public and private nuisance, (4) willful injury to real property, (5) injunctive relief, and (6) declaratory relief. The Motion is opposed by Defendant Thanh Van Nguyen and Defendant Helen Tran (collectively, “Defendants”). For the following reasons, Plaintiffs' Motion for Order Granting Preliminary Injunction is denied. Background Plaintiffs purchased 1080 Finley Road, Contra...

Excerpt: ...laims asserted in the cross‐complaint of defendants and crosscomplainants Guy Tzen‐Wen a/k/a Tzen‐ Wen Guo a/k/a/ Guo Tzen‐ Wen ("Guo") and Lin Bih‐Wan a/k/a Bih‐Wan Lin ("Lin") (collectively "Guo/Lin") against the Hiteses for total equitable indemnity (1st C/A), apportionment of fault (2nd C/A), and declaratory relief (3rd C/A) are deemed barred by the Court's good faith determination and are to be dismissed, but for the reasons stat...

Excerpt: ...on and Julie Quon, husband and wife, are both over the age of 65. Plaintiffs own a single family dwelling commonly known as 25 La Cintalla, Orinda. On or about April 6, 2015, Defendant NCC offered/proposed to perform work at the property for the Quons. The work included installing “22 concrete piers” and “23 pipe piles” to the foundation of the home for a total cost of $142,470.00. Plaintiffs alleged Defendants represented that the work h...

Excerpt: ...m him by the defendants / cross‐complainants. In this motion, cross‐complainants seek to add indemnity causes of action against three new cross‐defendants: (1) Old Republic Title Company, the title company that handled the original escrow, (2) realtor David Putnam, and (3) Putnam's brokerage, Berkshire Hathaway. Cross‐complainants contend Old Republic should have ensured Gonzales, as the lender, received and approved all escrow documents....

Excerpt: ...f California Business and Professions Code sections 17200 et seq. Defendant Abar demurrers to each of the causes of action on the basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to each of the cause of action as being uncertain. (CCP §431.10(f).) For the following reasons, Defendants' demurrer is granted in part and denied in part as moot. Plainti...

Excerpt: ...from BookFactory, LLC and BookFactory's manager, William Murray, plaintiff Andrew Gilmore filed this action for breach of fiduciary duty in May 2021. He later also filed a related writ petition in this same Court (Case No. N21‐1410) for an order allowing him to inspect the books and records of BookFactory, LLC. Between July 26 and August 6, 2021, eight of the BookFactory members signed a “consent” document stating a resolution that Murray s...

Excerpt: ...tal Briefing The Hiteses' motion seeks a determination that their settlement with plaintiffs Jeffrey M. Jones and Shannon B. Jones ("Plaintiffs") is a good faith settlement under Code of Civil Procedure sections 877 and 877.6. In connection with that determination, they request an order that claims asserted in the cross‐ complaint of Guy Tzen‐Wen a/k/a Tzen‐Wen Guo a/k/a/ Guo Tzen‐Wen ("Guo") and Lin BihWan a/k/a Bih‐ Wan Lin ("Lin") (c...

Excerpt: .... The demurrer is overruled as to the Second and Fourth Causes of Action. If Plaintiff elects to amend, the amended complaint shall be filed and served on or before June 9, 2022. Demurrer Pursuant to CCP § 430.10(e), Defendant Elliot demurs to each cause of action in the Second Amended Complaint on the ground Plaintiff has failed to allege facts sufficient to state a cause of action. 1st C/A— Declaratory Relief Defendant's demurrer to the Firs...

Excerpt: ...fs Jeffrey M. Jones and Shannon B. Jones, Trustees of the Jeffrey & Shannon Jones Trust, and the Hiteses and a supplemental brief filed by the Hiteses in support of their motion for a good faith settlement determination. For the reasons set forth, the application is denied. The Settlement and supplemental brief are ordered filed in the public records of the Court. Standards for Sealing Records Court records are presumed to be open. (Cal. Rules of...

Excerpt: ...er over 115 Thayer Way, American Canyon, CA 94503 (the “Subject Property”) and the residential care facility for the elderly (“Care Home”) operated thereon. Defendant seeks an order granting the Receiver the authority to manage the Subject Property and the Care Home. Defendant also seeks an order authorizing the Receiver to secure funding for the receivership estate through the issuance of receiver's certificates that may be recorded as s...

Excerpt: ...aff notes, (2) county documents related to Urban Line Limits and (3) EBMUD's 2020 Urban Water Management Plan. As an initial matter, this motion is a request to have certain document included as part of the record. Although judicial notice is discussed in the papers, the notice of motion does not the Court to take judicial notice of any documents. Therefore, the Court is not deciding whether any of these documents can be considered under Evidence...

Excerpt: ...ition. Alternatively, they seek to set aside and vacate the judgment pursuant to Code of Civil Procedure, section 663. The motion is denied. Procedural Background Petitioner filed this matter to enforce his inspection rights to the books and records of BookFactory, pursuant to Corporations Code § 17704.10. In their Answer, filed on September 17, 2021, respondents took the position that petitioner has no member rights because he was dissociated f...

Excerpt: ... twelfth (injunctive relief) causes of action, as well as to the eighth cause of action with respect to defendants Gurinder K. Sandhu, Narinder Singh Sandhu, or Rajwinder Kaur Sandhu. The demurrer is overruled as to the third, fourth, fifth, seventh, and ninth causes of action. Leave to amend is granted. For clarity, plaintiff may amend the first cause of action (against defendant Stephen Yatsko) if he deems appropriate. Any amended complaint sha...

Excerpt: ...e of Civil Procedure § 1048(a) on the grounds that the cases involve common questions of law or fact as all three of the lawsuits “arise out of the same motor vehicle collision” and “involve the same liability and related damages issues and will have the same evidence and witnesses.” Plaintiffs in MSC19‐01455 Jessica Goodbar and Jeremy Kemp, request the Court deny the motion “unless and only if the parties in the Adebote case [MSC20�...

Excerpt: ... of contract; and (5) abuse of process. The MSJ is opposed by the Defendant James C. Venhaus, and Defendant Colene Venhaus (“Venhaus Defendants”) and Defendant Richard Pontes, Defendant Marian Pontes dba Realty WorldDelta Country (“Pontes Defendants”) (collectively, “Defendants”). The Court notes the procedural objections of Defendants; specifically, the Venhaus Defendants' argument that Plaintiff did not comply with the mandate of Ca...

Excerpt: ...ten causes of action against Dr. Allan Bushnell, Jr. ("Defendant"), her step‐son and the only biological son of the Decedent. (Compl. ¶ 3.) She alleges claims individually, as "representative" of the Decedent, and/or as "successor in interest" and sole heir of the Decedent. (See Compl. Caption, and ¶ 1.) The Decedent was 92 years old when he passed away. (Compl. ¶¶ 15, 24.) He contracted pneumonia after he was hospitalized following a fall....

Excerpt: ...ition relates to Plaintiff August Cattaneo, individually and as successor‐in‐interest to the estate of Ruth Cross‐Villez (“Plaintiff”)'s complaint for (1) elder abuse/neglect; (2) negligence; (3) violation of patient's rights; (4) wrongful death; and (5) survivorship. Pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and Cal. Code of Civil Procedure (“CCP”) § 1281.2, Defendants bring this petition for an or...

Excerpt: ...h cause of action – sustained, without leave to amend, except as set forth below; (c) general demurrers to 6th and 8th causes of action – overruled. Plaintiff shall file her amended complaint by May 20, 2022. Background The factual background of the claims Plaintiff Heesoo Bushnell alleges against Defendant are described in the tentative ruling issued concurrently on Defendant's special motion to strike under Code of Civil Procedure section 4...

Excerpt: .... The defaults of Cross‐Defendants Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, and William Simpich entered on January 11, 2022 shall be set aside and vacated, and Cross‐Defendants shall file their answers or other responsive pleading(s) in response to the cross‐complaint by May 16, 2022. Cross‐Defendants' request for attorneys' fees for bringing the motion is denied. Background O...

Excerpt: ... during the meet and confer process. Plaintiffs shall file and serve their first amended complaint by May 6, 2022. The Court sets a case management conference for April 25, 2022 at 8:30 a.m. for the parties to discuss whether this case should be consolidated or coordinated with case MSC22‐00001 (Lynch v. Smietana). Plaintiffs' counsel shall give notice of this CMC to the attorneys in MSC22‐00001 (Lynch v. Smietana) and/or be authorized to spe...

Excerpt: ...rference with contract (FHL against Cyrus Jack), (4) intentional interference with prospective economic advantage (FHL against Cyrus Jack), (5) unfair competition (by FHL against Cyrus Jack), (6) civil conspiracy (FHL against all Defendants), (7) slander per se (Plaintiffs Robert and Joan Marx against Cyrus Jack), (8) intentional CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 7 infliction of emotional dis...

Excerpt: ... law and motion procedure in future filings. (See Code Civ. Proc., § 1005, subds. (b) and (c).) Defendants' demurrer is sustained in part and overruled in part, as set forth below. Leave to amend is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 4 Plaintiffs shall file any further amended complaint on or before May 16, 2022. If plaintiffs choose not to amend, they shall give defendants written n...

Excerpt: ...l Notice (RJN). It overrules the City's objection to the County's RJN if the City's Opposition to the County's RJN is deemed an objection. The court takes judicial notice of the existence and contents of the exhibits attached to the County's RJN. The court notes that the City filed considerable evidence with its Reply papers, which may be problematic whether the hearing on this writ is considered a law and motion matter or a trial. (See San Diego...

Excerpt: ... Defendant moves to strike on the ground the version of the FAC filed with the Court on December 17, 2021 is not drawn or filed in conformity with the order of the court. On September 20, 2021, Plaintiff filed a motion for leave to file a FAC and attached the proposed pleading. The matter was set for hearing on December 3, 2021. The Court issued a tentative ruling granting the motion. The tentative ruling was not argued and became the order of th...

Excerpt: ... of dismissal, separate from any formal order on the motion, and shall submit the proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The Pertinent Causes of Action. The operative pleading is now the Third Amended Complaint (“TAC”), filed on November 29, 2021. The Hansen defendants are named in three causes of action: (1) the Eighth Cause of Action, captioned “Constructive Trust”; ...

Excerpt: ...Ms. Standish resided together in plaintiff's home from November 2018 through late April 2019. When the relationship deteriorated, on April 24, 2019, Ms. Standish left the home. The two agreed she would return the next morning for a discussion. Ms. Standish did return on April 25th and plaintiff and Ms. Standish agreed to take a “brief break,” and to talk again the following Saturday. Ms. Standish took some items from the home that morning wit...

Excerpt: ... against Defendant WeBuiltIt4U Inc. (“Defendant” or “WeBuiltIt4U”)'s principal, Jeffrey Lee Klaus as a party to the action. Defendant WeBuiltIt4U Inc. opposes the motion on the grounds that the proposed amendments are based on facts that were well known or should have been well known to Plaintiffs at the time their Complaint was originally filed and that they would suffer prejudice should the amendment be permitted. CONTRA COSTA SUPERIOR ...

Excerpt: ...sued in the claims subject to this demurrer. Plaintiff argues that the demurrer should be overruled based on Defense counsel's failure to meet and confer. “A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41 (a)(4).) Defendants demurred to the second, third and fourth causes of action in the fourth amended complaint based on the fai...

Excerpt: ... the future. It must be supported by actual evidence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) “A preliminary injunction is proper only if there is a substantial basis to suppose that the defendant, if not restrained, will actually enga...

Excerpt: ...March 2020 through January 2021. Plaintiff alleges that he was owed $60,000, but was only paid $12,000. Defendants demurred to the complaint for a number of reasons. Defendants argue that the terms of the contract are not alleged. They also argue that it is not alleged if the contract was oral or written. Finally, Defendants argue that the allegations against Aleksander Nanev are insufficient to state a claim for breach of contract against him. I...

Excerpt: ... an appeal pending on the merits of the writ. The Court agrees with O'Brien that the appeal did not stay the undertaking issue, which is a different issue than the one on appeal. Code of Civil Procedures section 529.2 requires a court to order a plaintiff to post an undertaking if the moving party's motion satisfies all of the following: 1. The plaintiff challenges a housing project that is a development project as defined by Gov. Code § 65928. ...

Excerpt: ...nd Seller Property Questionnaire; disclosed as much as they should have regarding the things they did remember; deliberately restricted the information they permitted Engeo to disclose before the close of escrow; and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 03/11/22 ‐ 2 ‐ affirmatively represented that there were no slides on the Property. (In citing the disputed facts that follow, the court is relying on ...

Excerpt: ...Fact Nos. 16, 19, 21, 23; see Ramsey v. City of Lake Elsinore (1990) 220 Cal.App.3d 1530, 1544.) The motion for summary adjudication is denied for the reasons stated in the body of this ruling and because plaintiff has not stated the issues as to which he seeks a determination, whether that be the individual causes of action or something else. (See Notice of Motion at 1:24‐27; CRC 3.1350 (f).) Background This is a lawsuit by an attorney against...

Excerpt: ...ty. Legal Standard Applicable to Summary Judgment The City first contends that the cause of action for general negligence fails because it is not permitted as against the City as a matter of law. The City next contends that this action has no merit because, it says, Morton cannot establish the existence of a dangerous condition of public property. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A ...

Excerpt: ...nst the City of Pittsburg (see Pl. Opp. to Dem. fn. 1, pp. 1‐2.) and Plaintiff's failure to oppose the demurrer to the second cause of action for negligence against the City of Pittsburg, the general demurrer to the negligence cause of action against the City of Pittsburg is sustained, without leave to amend. Background Plaintiff was injured while riding his bicycle on California Avenue near Edward Avenue in the City of Pittsburg when a vehicle...

Excerpt: ...g on the demurrer to the NIED cause of action in the First Amended Complaint, the court said that it would require plaintiff to plead with reasonable particularity regarding this claim. It said plaintiff would therefore be required to plead CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 02/25/22 ‐ 2 ‐ details regarding how often he was in the facility, what producing‐producing event(s) he claims to have contem...

Excerpt: ... 473.5 on the grounds that they did not have actual notice. For the following reasons the motion is granted. Brief Procedural Timeline • February 18, 2020. Summons and Complaint (naming Defendant Ony Homes LLC) filed. • April 29, 2020. Doe Amendment naming Defendant Chernomordikov filed. • May 21, 2020. Order to serve Defendants by publication. • August 26, 2020. Proof of publication of summons filed. • September 28, 2020. Default enter...

Excerpt: ...y Shopping Center, LLC, filed this action for the recovery of commercial premises in Concord, California. After defendant failed to appear, its default was taken and a default judgment was entered on January 4, 2022. A writ of possession was issued on January 11, 2022. Defendant filed this motion on January 21, 2022. The motion is supported by a declaration from Matt DeLima, managing member of defendant, and a second declaration from defendant's ...

Excerpt: ... alleged violations of the FDCPA at trial: (1) ALS Lien Service's misallocation of homeowner's payments, which violates Civil Code section 5655(a), and (2) ALS Lien Service's practice of threatening foreclosure for unpaid homeowner association's dues. For remedies, Plaintiff will seek injunctive relief based on both alleged violations and will seek monetary relief for the first alleged violation, seeking both restitution under UCL claim and actua...

Excerpt: ... Garaventa in this consolidated case is sustained as to the First, Second, and Third Causes of Action, based on RICO, without leave to amend. (CCP § 430.10 (e).) The demurrer is overruled as to the Fourth Cause of Action. Walter III's demurrer is sustained with leave to amend as to the Fifth Cause of Action, but the demurrers of the other defendants are overruled as to that cause of action. The demurrer is overruled as to the Sixth Cause of Acti...

Excerpt: ... It is overruled as to the Fourth, Fifth, Sixth, and Seventh Causes of Action. Defendants shall file and server their Answer on or before February 18, 2022. Preliminary Note An Opposition to a demurrer may not exceed fifteen pages, absent a court order. (CRC 3.1113 (d).) Without seeking permission to do so, plaintiff has filed an Opposition that is twenty pages long. The court will consider the unpermitted pages this time. However, counsel is adm...

Excerpt: ...ction for declaratory relief alleged in their first amended complaint in intervention ("FACII"). For the reasons set forth, the motion for summary judgment is denied, and the motion for summary adjudication is also denied. Factual Background This case was commenced by Robert Tiernan and certain homeowners in the Diablo community against the Diablo Community Services District ("DCSD") and others seeking, among other things, to quiet title to the p...

Excerpt: ...aintiff Cool Systems, Inc. filed a complaint for breach of contract, conversion, claim and delivery and other causes of action against defendants M. Brace, LLC ("Brace") and Ms. Constantino on January 22, 2021. Among other things, Cool Systems alleges Brace entered into a non‐exclusive representative agreement with Plaintiff to act as a sales representative in a specified territory in California (the "Agreement") and attached a copy of the Agre...

Excerpt: ...owner of a house he bought in Oakley in 2015 so he could obtain a loan. (FAC, ¶ 8, 9.) Thereafter, defendant forged plaintiff's name to a quitclaim deed so that plaintiff and defendant would no longer be on record as co‐owners of the property. Rather, defendant would appear to own it alone. (¶ 10, 11.) Plaintiff recorded a Lis Pendens against the Property on June 16, 2021. Defendant now moves to expunge the Lis Pendens. CONTRA COSTA SUPERIOR ...

Excerpt: ...Plaintiff alleges that Defendant struck him with her car on January 25, 2017. Specifically, Plaintiff alleges that Defendant knew he was standing in front of her vehicle and that she knowingly stepped on her accelerator and struck him. Defendant moves the Court for an order to bifurcate this matter so that the issue of liability is tried before damages. Applicable Law Pursuant to CCP § 1048(b), “[t]he court, in furtherance of convenience or to...

Excerpt: ...e of “Respondent's submission of material for in camera inspection….” dated 1/28/22. Petitioners Eugene Huff, Jonah Nicholas, and Diogenes Shipp (collectively “Petitioners”) seek a writ of mandate directing Respondents Contra Costa Community College District (“District”) to comply with their California Public Records Act ("CPRA") request. Petitioners have filed a separate action against Respondents for violations of provisions of th...

Excerpt: ...ilure to appear. Background Plaintiff filed her complaint for medical negligence on May 22, 2019, alleging that she was negligently treated by defendants in October of 2018, causing her damages. Defendants filed their answer in July of that same year. Approximately two years later, on July 2, 2021 defendants filed and noticed their motion for summary judgment (“MSJ”), which was initially set for hearing on October 22, 2021. On September 7th, ...

Excerpt: ... of provisions of the California Labor Code, Education Code and Government Code (Case No. C21‐02408). The court has read and considered the moving papers, as well as the opposition and reply papers, and renders the following tentative decision. As set forth below, the writ is granted in part and denied in part. As further set forth below, the Court orders that the Report be submitted for in camera review and that Petitioners provide an accounti...

Excerpt: ... bought in Oakley in 2015 so he could obtain a loan. (FAC, ¶ 8, 9.) Thereafter, defendant forged plaintiff's name to a quitclaim deed so that plaintiff and defendant would no longer be on record as co‐owners of the property. Rather, defendant would appear to own it alone. (¶ 10, 11.) In doing this, defendant acted with malice, fraud, and oppression. (¶ 23, 30, 31.) As a result of plaintiff's slander of title, plaintiff has suffered damages, ...

Excerpt: ...urly rate at $250, but the Randolph declaration states a normal hourly rate of $275. (Proposed Order ¶F(1); Randolph decl. ¶13.) The Court will sign the proposed order with a $250 hourly rate. The City sued the Defendants for nuisance abatement related to a property located in Oakley. The parties stipulated to a judgment. The City is now seeking the appointment of receiver the enforce the judgment in this case. Code of Civil Procedure section 5...

Excerpt: ...nd Stuart Barker are the owners of real property located at 59A Saddle Road in Walnut Creek. Defendants James Willson and Monique Willson are the owners of real property located at 59 Saddle Road. The Barker Property and Willson Property share a driveway and property line at the Willson Property's southern border. There were two easements that burdened the Willson Property, benefitting the Barker Property. Plaintiffs allege Defendants made certai...

Excerpt: ...v. Code § 1788.17; (4) negligence; and (5) Bus. & Prof. Code § 17200. Defendant demurs to all Plaintiffs' causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(f), and demurs to Plaintiffs third, fourth, and fifth causes of action pursuant to CCP § 4430.10(e) as well. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the com...

Excerpt: ...specificity.” (Plaintiffs' Opposition, filed on 12‐27‐21, p. 2, lines 6‐7.) Many of the specific facts plaintiffs allege, however, concern irrelevant background matters. The Court requests that plaintiffs brief the following matters not addressed with adequate specificity, either in plaintiff's Complaint or in plaintiffs' cursory opposition memoranda. 1. Plaintiffs' Standing. Plaintiffs' allegations and arguments concerning their standing...

Excerpt: ...e, Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296‐297 [denial of leave to add alter ego theory six weeks before trial was reversible error].) There is an adequate explanation for plaintiffs' delay in seeking leave to amend: this action was stayed for a protracted period of time pending arbitration; plaintiffs gained CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 01/14/22 ‐ 4 ‐ new information concern...

Excerpt: ...be remain on calendar and all references to the First Amended Complaint will be to the Second Amended Complaint. The Court will construe the request for summary judgment as one for summary adjudication of all issues, except for the new issues added in CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 01/14/22 ‐ 11 ‐ the Second Amended Complaint. (2) The trial date of March 4, 2022 is continued to August 5, 2022. If...

Excerpt: ...of whether the denial of plaintiff's first motion for summary adjudication was with or without prejudice to filing a renewed motion that cured the defects of the first motion. Having looked at the issue now, the Court's preliminary assessment is that plaintiff has impermissibly renewed its previous motion. (See Code Civ. Proc., § 437c, subd. (f)(2); Code Civ. Proc., § 1008; Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1096 ‐97.) The Court ...

Excerpt: ...dant BPG in connection with the purchase of a residence by plaintiffs Wei Li and Aaron Hobson. BPG prepared an inspection report for Plaintiffs dated January 28, 2020. They contend BPG failed to detect failures in the foundation of the home that required repairs, though its inspection report stated there were no conditions at the property indicating foundation failures that required repair. (Compl. ¶¶ 7‐9.) Plaintiffs allege causes of action ...

Excerpt: ... was wrongfully “disassociated” to have merit, the petition is granted. Background In 2002, BookFactory was formed. In 2004, when both petitioner and Murray were members, an Amended and Restated Operating Agreement took effect. (Neither side has submitted that document in connection with this proceeding.) In 2009, petitioner divorced from his wife, Patricia, and an Ohio divorce court entered a decree of dissolution adopting a settlement agree...

Excerpt: ...2000 as part of approval of a subdivision map. (FAC ¶¶ 5‐6.) The easement is known as “S‐ 3 Access Condition” and includes the following language: “private right‐of‐way easement shall be left open for pedestrian access between Happy Valley Road and Glen Road”. (FAC ¶6.) The easement route is sometimes called “the Dips” and members of the public “regularly and continuously” use the easement. (FAC ¶16.) Plaintiffs were u...

Excerpt: ...use each are barred by a 3‐year statute of limitation, (3) all allegations that Defendant was unlicensed because Defendant asserts it's not a material allegation and Plaintiff has not claimed specific damages from it, so the allegations are irrelevant (MTS, 6:1‐11), and (4) Plaintiff's entire Second Cause of Action for Rescission because Defendant asserts it is not a legitimate cause of action and is otherwise time‐barred. The Court hereby ...

Excerpt: ...��). Preliminary Matters Judicial Notice Supporting the motion to strike, Defendants ask the Court to take judicial notice of the 2AC. The RFJN is denied as superfluous. The pleading that is the subject of the instant motion is, quite naturally, before the Court in connection with these proceedings, and so the Court need not take judicial notice of it. However, when a motion attacks a specific pleading, courtesy copies of the relevant pleading ar...

Excerpt: ...as entered at a time when Zenaida Gantan was incompetent and did not have the capacity to act on her own behalf, and that an injustice has occurred as a result. For the following reasons, the motion is granted. Request for Judicial Notice Defendant Zenaida Gantan requests judicial notice of several documents from Contra Costa Superior Court case no. P21‐01359. The unopposed Request is granted. (Cal. Evid. Code §§ 452, 453.) Plaintiff Kamilee ...

Excerpt: ...Mary Moore, as Individuals and Successors‐in‐Interest to the estate of Jasmine Nash (“Plaintiffs”)'s Complaint. Defendant AMR was substituted for Doe 1. The Complaint, as it relates to AMR pleads causes of action: 1) Wrongful Death, 2) Survival Action Based on Negligence. Defendant demurs on the grounds that Plaintiff has not stated a claim for gross negligence as required by governing statute CA HLTH & S § 1799.106(a). As set forth belo...

Excerpt: ...s, and renders the following tentative decision. The petition is denied for the reasons discussed below. I. Background On August 31, 2020, petitioner submitted CPRA requests to both respondents. A. City (Concord Police Dept) From the City, petitioner asked for: 1. [I]nformation of each and all sexual assault cases reported to you between Jan 1, 2010 and Dec 31, 2019: Report number, date of report, date of offense, number of witness( es), number o...

Excerpt: ...lternative, summary adjudication. For the reasons that follow, the motion is granted in part and denied in part, as follows. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Code of Civil Procedure § 437c(c). “[F]rom commencement to conclusion, the party moving for summary ...