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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...