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 ...

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: ...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: ...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...