Excerpt: ...re is a triable issue of fact whether an exception to the rule of Privette, infra, and Sandoval, infra, applies. (Undisputed Material Fact (“UMF”) Nos. 2‐9, 11, 13, 14, 15, 16, 17, 18, 21, 26, 29, 35, 37.) Background This is a personal injury accident arising out of a worksite injury that occurred on June 1, 2016 when plaintiff, Kapferer, fell into an uncovered and unbarricaded trench excavated by SMI Demolition. Kapferer seeks compensation...

Excerpt: ... Misty Helfrick's Third Amended Cross‐Complaint for (1) concealment; (2) fraud/intentional misrepresentation; (3) contribution; (4) implied indemnity (against Patrick Helfrick only); (5) comparative indemnity (against Patrick Helfrick); (6) equitable indemnity (against Patrick Helfrick); and (7) declaratory relief. Because all parties share the same surname, the Court refers to them by first name. No disrespect is intended. For the following re...

Excerpt: ...x. C to Oparowski Decl., Dawn Giammona Depo. at pp. 198‐199; Ex. D to Oparowski Decl., Alex Giammona Depo., at pp. 252‐ 254 and 266‐268; Ex. E to Oparowski Decl., SMI PMQ Depo., at pp. 123‐ 124.) Because of this factual dispute, it is unnecessary for the court to decide now whether a reasonable trier of fact could conclude that the accident occurred due to the sole negligence of Integra and the other subcontractor, SMI; or whether plainti...

Excerpt: ...ARING DATE: 12/10/21 ‐ 22 ‐ for failure to state a cause of action and for uncertainty are sustained, with leave to amend; and all other general and special demurrers including the demurrers to the third cause of action are overruled. Factual Background The subject of the dispute is a residential real property located at 2020 Meadowlark Ln., Oakley, CA 94561 (the "Property"). Plaintiffs Melissa Hallstrom and Victor Hallstrom (the "Hallstroms"...

Excerpt: ...the following causes of action: 1) Negligence, 2) Gross Negligence, 3) Recklessness, 4) Negligent Hiring, 5) Negligent Supervision, and 6) Negligent Retention. Plaintiff seeks general and special damages, attorney's fees, pre‐ and post‐judgment interest, and punitive and exemplary damages. The Defendant argues the complaint must be dismissed because the Plaintiff has already attempted to sue Ilg and was barred by the statute of limitations fo...

Excerpt: ... complaint for (1) breach of contract‐consulting services agreement, (2) account stated, (3) alter ego liability, and (4) unjust enrichment. Causes CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 12/03/21 ‐ 29 ‐ of action (1) and (2) are stated solely against Defendant Wingtip Communications, Inc. (“Wingtip”) while (3) and (4) are stated against all Defendants (Wingtip, Defendant Hive80 LLC (“Hive80”), ...

Excerpt: ...26, 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 engage in the conduct sought to be enjoined.” (Epstein v. Superior Court (2011) 193 Cal.App.4th 1405, 1410.) Plaintiff has not provided evidence that Defendant intends to remove vegetati...

Excerpt: ... respect to the first, third, fourth, and eighth causes of action, but sustained as to the second, fifth, sixth and seventh causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 12/03/21 ‐ 12 ‐ served on or bef...

Excerpt: ...erts that the underlying incident occurred on March 5, 2019, and that the 2‐year statute of limitations ran on March 5, 2021, but the Complaint was not filed until August 19, 2021. On these procedural grounds alone, Defendant requests the Court dismiss the entire Complaint. The Court finds that Plaintiffs timely filed their Complaint and overrules Defendant's demurrer. Legal Standard CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: ...

Excerpt: ...ns set forth, the motion is granted. If this tentative ruling is timely contested, each side will be allowed 10 minutes to argue the matter. Factual Background Plaintiff Christopher Owens alleges that he was injured driving a cement truck at a construction site. The Moving Parties assert that Villages is the owner of the property under development where the accident happened. (Villages/Discovery Separate Statement of Undisputed Material Facts ("D...

Excerpt: ...pir Fasail dba Country Farm Produce entered in possession and continued to occupy the premises located at 576 Center Street in Moraga, until eviction on or about September 12, 2019. Defendant Gapir Fasail, individually, dba Country Farm Produce was served with the summons and complaint, by substitute service on March 13, 2020. The location of service of process was 2216 MacArthur Blvd in Oakland. Defendant failed to file a responsive pleading and...

Excerpt: ...s granted. The judgment is vacated, defaults are set aside, the collection orders are recalled, and service of summons is quashed. However, with respect to this last point, defendants admit to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 2 ‐ having received the complaint, and they are encouraged to voluntarily accept service. If service efforts prove difficult, the Court will entertain a motion to s...

Excerpt: ...s also denied, as moot. Factual Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 18 ‐ Plaintiff Pentech Financial Services, Inc. ("Pentech") has sued Defendants for professional negligence and related claims arising out of the Defendants' representation of Pentech as a defendant in a partition action, Starcevic v. Pentech Financial Services, Inc. ("Starcevic Action" for convenience). Pentech ...

Excerpt: ... before November 22, 2021. Factual Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 14 ‐ Plaintiffs filed their complaint initiating this action against Antioch in October 2020. They allege causes of action for negligence, negligent hiring, retention, supervision and training, and wrongful death. Plaintiffs are the biological parents of a 16 year old student who was shot on the premises of De...

Excerpt: ... parties disagree over whether Petitioner are entitled to challenge the 2013 certification of the EIR. Respondents argue that Petitioner cannot challenge the 2013 EIR and instead is limited to arguing that the City should have prepared a supplemental EIR. (Unless otherwise specified the opposing parties will jointly be referred to as Respondents.) The standard of review will change depending on whether Petitioner can prevail in this initial argum...

Excerpt: ...supply . . . [the following] missing information: when plaintiff first suspected that wrongdoing (other than elder abuse) contributed to her mother's death and why a reasonable investigation starting then would not have revealed the Digoxin study before May 10, 2018. The court explained, [Plaintiff's allegations] equate the date of plaintiff's discovery of the Digoxin study with the date of accrual of her wrongful death cause of action. But that ...

Excerpt: ...motion was filed, Plaintiff dismissed Antioch Jeep from the action. For the reasons set forth, FCA's motion to compel arbitration is granted as to FCA and denied as moot as to Antioch Jeep. FCA's motion to stay the action is also granted, and the action is stayed pending conclusion of the arbitration. Factual Background Plaintiff Mr. Edwards filed a complaint in February 2021 alleging claims arising out of his acquisition of a Jeep Cherokee vehic...

Excerpt: ...of Civil Code §1941, 2) Breach of Contract, 3) Breach of Quiet Enjoyment, 4) Nuisance, 5) Premises Liability, 6)Negligence, 7) Retailiation in Violation of Civil Code §1942.5, 8)Violation of Richmond Rent Ordinance, and 9) Sexual Harassment. Plaintiff also makes a claim for punitive damages. The party moving for summary judgment has the burden of persuasion to show there is no triable issue of material fact and thus it is entitled to judgment a...

Excerpt: ...d on or before November 15, 2021 at 9:00 a.m. Alternatively, the Court extends the Temporary Restraining Order for 90 days to allow the parties an opportunity work out the reinstatement plan for the loan and for Plaintiffs to comply with the reinstatement. Background Plaintiffs Thomas and Charlotte Vaughns own real property located at 2201 San Mateo Street in Richmond. Plaintiffs purchased the property in December 2004. In February 2007, Plaintif...

Excerpt: ... served on or before November 15, 2021. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/05/21 ‐ 19 ‐ Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A compl...

Excerpt: ...randum list each item that Defendants want stricken. Although not compliant with the Rules of Court, sufficient notice was given to Plaintiff. In the future, however, Defendants shall comply with the Rules of Court. On the merits, Defendants argue that Plaintiff went beyond the Court's previous ruling on Kong's demurrer when it amended the complaint. In amending the complaint, Plaintiff added a new theory that Kong gave Martin $100,000 and this m...

Excerpt: ...C/A (breach of fiduciary duty), 10th C/A (unfair business practices under Business and Professions Code § 17200 ("UCL")), 11th C/A (accounting), and 13th C/A (conversion and trespass). Plaintiffs state they intend to voluntarily dismiss the 8th C/A for breach of fiduciary duty and 11th C/A for accounting. (Opp. p. 2, ll. 19‐20.) Based on Plaintiffs' representation and the lack of substantive opposition to the demurrers to those causes of actio...

Excerpt: ...action for declaratory relief and for a writ of mandate between different governmental entities concerning the provision of advanced life support (“ALS”) prehospital emergency medical services (“EMS”). Plaintiffs are a rural fire district, a city, and those two entities' joint powers entity (“JPA,” referring either to Joint Powers Authority or Joint Powers Agreement as the context requires (see Gov't C. § 6500)); and defendants, a co...

Excerpt: ...nd This is a continued hearing on defendant Kress's motion to consolidate this Civil Action with the Trust Case. By its ruling of September 24, 2021, the Court requested supplemental briefing from both parties regarding several issues. The terms Civil Case, Trust Case, and Probate Case are used as defined in the Court's September 24, 2021 ruling. The background facts relating to those cases as they pertain to the motion to consolidate are general...

Excerpt: ...and impermissibly vague. (FAC, ¶ 18.) In any further amended complaint, plaintiffs shall allege separately numbered causes of action for each contract at issue, shall specify whether each contract was oral or written, and shall attach copies of any writings evidencing each written contract as properly tabbed exhibits. (See Cal. Rules of Court, rule 3.1110, subd. (f).) Further, plaintiffs shall allege facts supporting their theory that NYLife can...

Excerpt: ... the court's ruling on the last demurrer. In addition, plaintiff appears to have added at least one allegation of an injury specific to Fresenius: “a severe and infected wound at [decedent's] dialysis port.” (SAC, ¶ 38 a.) However, Fresenius has raised concerns that the Second Amended Complaint is still really just a form complaint, borrowed from complaints dealing with entirely different kinds of heath care facilities. In this connection, t...

Excerpt: ..., alleging that something in the food they served caused him to break several teeth. (Case No. C17‐01774.) During the discovery process in that case, Barker came to believe that the law firm representing Panda had engaged in discovery abuses. He filed a separate lawsuit against Panda and its attorneys concerning this. (Case No. C19‐01582.) The defendants in that lawsuit failed to respond to the complaint in time, so Barker took their default....

Excerpt: ...Regina Linetskaya, received documents from the facility and was told to sign the fields requiring a signature, which she did. (Declaration of Regina Linetskaya, “Regina Decl.,” ¶3. For clarity, the parties will be referred to by their first names. No disrespect is intended.) The documents included an arbitration agreement. (See Declaration of Beverly Tahan, Ex. A.) Upon her admission to the facility, Lyudmila had recently been discharged fro...

Excerpt: ...all simultaneously file and serve on the other party supplemental papers and briefing addressing the issues set forth below by October 12, 2021. The parties may each file and serve a response to the other party's supplemental papers and briefing by October 19, 2021. A. The Pending Civil Action The Complaint in this action (the "Civil Action") was filed by Michelle Karen Roth (Ms. Roth") in her capacity as Conservator over the Estate of Richard Ma...

Excerpt: ... or Amended Answer shall be filed and served on or before October 8, 2021. The court incorporates its ruling on USAA's demurrer to plaintiffs' First Amended Complaint, which was initially issued as a tentative ruling on May 14, 2021. In that ruling, the court's impression was that it might be possible for plaintiffs to state a claim for negligence if USAA had sent a claims adjuster to their home and that, during an inspection, the adjuster had ne...

Excerpt: ...igence cause of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiffs have failed to allege Airbnb owed them a duty. As a threshold issue, the Court declines to overrule the demurrer on the grounds of perceived violations of the California Rules of Court and reaches the merits of the Defendants argument. For the following reasons, the Demurrer is sustained, without leave to amend. Legal Standard “The...

Excerpt: ... overruled, and the demurrers to the 36th and 37th causes of action are sustained, with leave to amend. Factual and Procedural Background This lawsuit involves claims by plaintiff MM Development Company doing business as Planet 13 ("MMD") for recovery of over $900,000 in proceeds from the sale of marijuana from its dispensary in Las Vegas, Nevada. MMD is a licensed dispensary under Nevada law and is operating under the registered fictitious busin...

Excerpt: ...onique Willson, and Jungle James Animal Adventures, LLC from maintaining conditions on the Willsons' property that constitute a public and private nuisance. Specifically, Plaintiffs allege the Willsons have placed a large shipping container and construction debris on their property, which is adjacent to the easement (driveway) burdening the Willson Property. Plaintiffs allege the container and debris interfere with Plaintiffs' rights to utilize t...

Excerpt: ...e September 27, 2021. Background Plaintiff, Julie Ta, was interested in renovating her kitchen and contracted with defendant, a licensed contractor for “Cabinet, Mill work and Finish Cabinetry.” (Complaint, ¶¶3, 7, 25.) Defendant provided plaintiff with an invoice on October 29, 2019 for $19,139.85. (Id. at ¶8.) The invoice required 50% of the amount to be paid up front and the rest upon “installation.” (Id. at ¶9.) The invoice indica...

Excerpt: ...faith and fair dealing. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that each of the causes of action in the SAC fail to state a cause of action. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendants' unopposed request for judicial notice is granted. Evid. Code §§ 452, 453. Evidentiary Objection Defendant objects to Plaintiff's declar...

Excerpt: ...kFactory, LLC, pending a final judgment or further Court order in this matter. A proposed order in accordance with this tentative ruling, along with the undertaking described below, shall be submitted to the Court no later than September 22, 2021. (See California Rules of Court, Rule 3.1150 (f).) Evidentiary Matters Murray's request for judicial notice of the complaint and cross‐complaint in this matter is granted. (Evid. Code, § 452 (d).) Mur...

Excerpt: ...greement between Defendant Michael Mansel and R.L. Milsner Insurance, Inc., after the asset sale Milsner conducted on or about February 3, 2016. Defendant Mansel is a licensed insurance producer. On or about February 1, 2016, Defendant and R L Milsner Insurance, Inc. entered into a written agreement for Mansel to sell and for Milsner to purchase Mansel's property and casualty book of insurance business, then residing with Granite Professional Ins...

Excerpt: ...go Allegations Against Him. The cases cited by plaintiffs do not support the proposition that plaintiffs can amend a judgment against one defendant to add an existing co‐defendant who would otherwise have a right to trial. (See, e.g., NEC Electronics Inc. v. Hurt (1989) 208 Cal.App.3d 772, 775 [“[n]either Finelli nor Hurt, the sole shareholder and chief executive officer of Ph, was named as a party or served in his individual capacity”]; Ja...

Excerpt: ... Civil Procedure § 877.6 and the factors set forth in Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. Background Plaintiff was approximately four years old when she suffered second and third degree burns entering a bathtub with scalding hot water in her apartment. Defendant Ramona Apartment Investors, LLC ("Owner") is the owner of the apartment building; defendant The Grupe Company dba Grupe Management Company ("Manager"...

Excerpt: ...tiff's injury. Defendant's evidence shows that Behymer treated Plaintiff on May 10, July 31 and August 9, 2019. (Behymer decl. ¶¶7‐9.) During the May 10 visit, Behymer did not see any signs that Plaintiff was experiencing pain and Plaintiff told Behymer that he felt relief after the visit. (Behymer decl. ¶7.) Defendant's evidence also shows that during the first visit, Plaintiff had been complaining of neck pain seven years. (Behymer decl. �...

Excerpt: ...ffs Michelle Barker and 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 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 09/03/21 ‐ 7 ‐ share a driveway and property line at the Willson Property's southern border. There were two e...

Excerpt: ...ersonally guaranteed by defendant David Lampach. Eagle Bay alleges California Cannabinoids failed to repay the loan when it came due. Eagle Bay filed its complaint for recovery of the amounts allegedly due from defendants on February 23, 2021. Eagle Bay filed proofs of service showing it served the summons and complaint by substituted service on California Cannabinoids on February 25, 2021, and on David Lampach on February 27, 2021. On Plaintiff'...

Excerpt: ...indicated on Exhibit C to the Declaration of Helen J. Kei. The strings placed by the survey work shall remain in place, but defendants may trim the flags with scissors to minimize “flapping” noises. The undertaking is set in the amount of $15,000, to be posted by defendants on or before August 20, 2021. (Code Civ. Proc. §§ 529, 995.710.) The Court observes that no evidentiary hearing was properly noticed and, despite several phone appearanc...

Excerpt: ...on or before August 27, 2021. If CVCHS elects to amend, it shall file a redlined copy of any amended cross‐complaint with its Opposition to any future demurrer so the court can track the changes. Background The court wrote comprehensively about this case in its ruling on the previous demurrer. It quotes a small portion of that ruling to set the context for the current one. This case presents the issue whether a cross‐defendant may continue to...

Excerpt: ...wanger II, Walter Binswanger III, and Silvio Garaventa, Jr. (CCP § 430.10 (e).) It is overruled as to Louisa Binswanger as to the Fifth Cause of Action and sustained as to all the other causes of action with leave to amend. (CCP § 430.10 (e).) Any amended complaint shall be filed and served on or before August 27, 2021. If defendants file a further demurrer, plaintiff shall file a redlined copy of the amended complaint with his Opposition, so t...

Excerpt: ...igence (against Defendant Save Mart Co., Inc. dba FoodMaxx), (2) professional negligence (against the demurring Defendants), and (3) professional negligence (against Defendant Sutter Bay Hospitals dba Sutter Delta Memorial Hospital). This is Defendants' second challenge to Plaintiff's claim for professional negligence. Defendants demur to Plaintiff's cause of action for professional negligence pursuant to Code of Civil Procedure § 430.10(e) and ...

Excerpt: ...t of a dispute over construction work performed by general contractor McCartt Construction and its subcontractors at the property located at 1136 Glen Road, Lafayette, California, formerly owned by Evan and Amy Price. McCartt sued the Prices for nonpayment and the Prices cross‐complained against McCartt for construction defects. McCartt then cross‐complained against various subcontractors, including Morgan & Sons Electric & Lighting. Morgan n...

Excerpt: ...irmatively barred. Defendants shall file their answers by August 16, 2021. Background Plaintiff Fred Simon, a Senior Engineer with Contra Costa Water District (“District”), has sued his employer and several of his superiors, Chris Hentz, Rachel Murphy, and Steve Welch (collectively, “Individual Defendants”), for wrongs he allegedly suffered in the workplace. Because a detailed factual summary was set forth in the Court's ruling on the las...

Excerpt: ...AXC” for (1) contribution, (2) fraud and concealment and (3) declaratory relief. For the following reasons, Plaintiff's Demurrer is sustained with leave to amend. Background Facts This dispute arises from Plaintiff, Charles Helfrick's Complaint against Misty and Patrick Helfrick. (SAXC p. 3:10‐28.) Charles is Patrick's father, and Patrick and Misty are married, but in the middle of a divorce. The Complaint alleges that Charles and Patrick ent...

Excerpt: ...and Plaintiffs' Third Amended Complaint and the survivor declaration of Myrtle Jones accompanying it shall be filed by the Clerk. On May 21, 2021, the Court sustained Jeremy Williams' demurrer to the SAC. Under the Court's local rules, when neither party timely contested the Court's tentative ruling posted the day prior to the scheduled hearing, the tentative ruling became the final order on the demurrer. (Local Civ. R. 3.43(2).) The Court's ruli...

Excerpt: ... as follows: (1) Samah Sabry Awadalla (“Samah”); and (2) Ehab Halim Zaki Saad (“Ehab”). The Complaint alleges five causes of action: (1) Defamation against Samah; (2) Intentional Interference with Prospective Economic Relation against all Defendants; (3) Negligent Interference with Prospective Economic Relation against all Defendants; (4) Intentional Infliction of Emotional Distress against all Defendants; and (5) Negligent Infliction of ...

Excerpt: ...s overruled, and the motion to strike is denied. Defendant Hinds shall file an answer to the Fourth Amended Complaint on or before August 27, 2021. Plaintiffs' counsel is advised that the tables for plaintiffs' memoranda of points and authorities are consistently generated in a very small font size that is almost unreadable. In the future, all tables shall be set out in at least 12‐point font. The basis for the Court's ruling on the demurrer an...

Excerpt: ...where he alleges he sometimes cashed his payroll checks at the CCCS facility in Concord. (First Amended Complaint ("FAC") ¶ 10; Munoz Decl. ¶¶ 2, 3.) Plaintiff Ashley Munoz aka Ashley Payne is Mr. Munoz's wife. (FAC ¶ 2.) They allege multiple causes of action against CCCS and its affiliates arising out of Mr. Munoz cashing a payroll check at CCCS in November 2020. Plaintiffs allege CCCS and other defendants asserted that he had cashed the sam...

Excerpt: ...nce of the Plaintiff by the investigator) and intends to use only that the video surveillance that was produced, at trial. The investigator is not the client but a third party allegedly hired by counsel for the defense. The Plaintiff's argue that it is unfair not to produce all of the investigators documentation, as they cannot fairly question the investigator without knowing what was withheld. The Defendant disagrees. A review of the transcripts...

Excerpt: ...mpel arbitration by Beltray is therefore denied as moot. For the reasons set forth, Ford's motion to compel arbitration is granted. The motion to stay the action is also granted, and the action is stayed pending conclusion of the arbitration. Based on this ruling, the case management conference is continued to 7/29/22 at 8.30 a.m. Factual Background Plaintiff Mr. Martinez filed a complaint in April 2021 alleging claims arising out of his acquisit...

Excerpt: ...tinez was located in order to assist with her treatment. Without provocation, Martinez attacked and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 07/30/21 ‐ 4 ‐ battered Plaintiff, causing her injuries. Plaintiff sued Hill and Goshay negligence and premises liability. Both claims are based on Hill and Goshay's alleged negligence. Although, Martinez is referred to as Hill and Goshay's residence employee, the cla...

Excerpt: ...ence with contract, (6) breach of contract – count I, (7) breach of contract – count II, and (8) breach of covenant of good faith and fair dealing. Defendant demurs to Plaintiff's causes of action for (6) breach of contract – count I, (7) breach of contract – count II, and (8) breach of covenant of good faith and fair dealing pursuant to Code of Civil Procedure (“CCP”) § 430.10(g) on the grounds that “it cannot be ascertained from ...

Excerpt: ...tiff Harold Would Development, LLC and Defendant Shining Star Food LLC entered into a commercial lease for premises located at 1525 Locust Street in Walnut Creek. Defendant leased the 2,227 square feet of space for use as a restaurant. The Lease provided Defendant would lease the space for a period of ten years, commencing 180 days after delivery of the premises to tenant. The premises were delivered on CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIF...

Excerpt: ...e default judgment is set aside. Defendants shall file their answer to the Complaint by July 26, 2021. The Court in its discretion declines Plaintiff's request for attorneys' fees and costs. Factual Background Plaintiff CoolSystems, Inc. filed a complaint for breach of contract, conversion, claim and delivery and other causes of action against Brace and Ms. Constantino on January 22, 2021. Generally, Plaintiff alleges that it manufactures and dis...

Excerpt: ...: 160 118 4571 Passcode: 456516 Before the Court is a motion to set aside default pursuant to Code of Civil Procedure section 473(b), filed by Defendants, Nexus Services Inc., a Georgia corporation and Libre Nexus Inc., a Georgia corporation (“Defendants”). Defendants bring this motion on the grounds that the default was entered because of their mistake, excusable neglect, and surprise. Brief Factual and Procedural Background The underlying C...

Excerpt: ...nken Law Group, Dunken Weeks, Bert Terry Dunken, Jason Weeks, and Kohls Dunken & Associates (collectively, “Dunken”), appeared through counsel. After argument, the Court sought supplemental briefing on two questions: 1. Can Bolla supplement his MSA submission to correct so‐called “technical deficiencies;” and, 2. Assuming the Court denies Bolla's MSA, is that ruling with or without prejudice? The Court has considered those questions, an...

Excerpt: ... Restoration's answer shall be filed and served by August 20, 2021. Disgorgement (cause of action 7) Defendants argue that this claim is time barred. In order to make this argument, however, Defendants rely on a declaration from counsel stating that the cross‐complainants terminated cross‐defendants' work on July 30, 2018. Such information is outside the allegations in the complaint and thus, not part of the Court's analysis on a demurrer. Ba...

Excerpt: ...Entity Defendants”). The MJOP relates to Plaintiff Anu McKinney (“Plaintiff” or “McKinney”)'s Complaint for: (1) Negligent Undertaking (against Elizabeth Anne Miller, the Public Entities); (2) Negligence (against Elizabeth Anne Miller and Does 1‐100); (3) Negligent Hiring, Supervision, or Retention of Defendant Elizabeth Anne Augusto Miller (against Brentwood Union School District, Brentwood Union Elementary School District, Liberty U...

Excerpt: ... Trust (formerly Pensco Trust Company, hereinafter “Pacific”) and secured by a deed of trust in favor of defendant Richard L. Smith (“Smith”). In 2012, plaintiff obtained a second mortgage loan for $50,000 through Pacific, also secured by a deed of trust in favor of Smith. When the loans became due in 2019, plaintiff contacted Smith to discuss postponing the due dates. The discussions did not result in any agreement until the summer of 20...

Excerpt: ...fic Premier Trust on March 18, 2021, and on defendant Smith March 30, 2021. (Declaration of Ramonchito De Castro, Ex. A, Ex. C.) Counsel for the parties began exchanging emails on April 27, 2021 when defendants' attorney initiated contact to declare her representation of defendants and discuss settlement. (Declaration of Adeline Tungate, ¶6.) She did not secure additional time to answer at that time. Plaintiff's counsel sent an email response on...

Excerpt: ...nt residence, place of employment, and times he can be served at each. Background The court grants plaintiff's Request for Judicial Notice filed June 21, 2021. On its own motion, it also takes notice of other documents filed in the harassment case that support the facts set forth herein. Plaintiff opposes the motion to quash on two grounds: (1) leaving the summons and complaint in the door handle was sufficient under the case law; and (2) the cou...

Excerpt: ...will expire on January 25, 2022 unless extended by this Court. The parties should be prepared to try this case in late 2021 or early 2022 (an actual trial date will be set in the future). Additional conditions of the injunction are discussed below. This matter was first heard on June 4, 2021. The matter was then continued to July 2, 2021 and each side was allowed to file further briefs on whether or not to issue a preliminary injunction. The Cour...

Excerpt: ...21. Background Plaintiffs Bruce Lemay and Diane Lemay allege to be the lawful owners of real property commonly known as 6 Melissa Court in Pittsburg. On or about August 26, 2004, Plaintiffs CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 07/02/21 ‐ 13 ‐ obtained a mortgage loan in the amount of $323,000, secured by a Deed of Trust against the Subject Property. The Deed of Trust was assigned several times. On July...

Excerpt: ...third amended complaint, it shall notify Defendant in writing by July 16 (by email and mail, unless the parties agree to email only) and Defendant will then have until July 30, 2021 to file her answer. Defendant demurs to causes of action (6) Conspiracy to Commit Fraud, (7) Conspiracy to Commit Fraud, (9) Conversion, (11) Conspiracy to Commit Conversion, (15) Aiding and Abetting Breach of Fiduciary Duty, (19) Unjust Enrichment, and (23) Accountin...

Excerpt: ... at issue in this case. The parties may address this case during oral argument. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 06/25/21 ‐ 22 ‐ Petitioner Brentwood Auto Spa filed a petition for writ of mandate challenging the City of Brentwood's decision to approve a development project by Robinson Oil Company (real party in interest). Robinson Oil opposes this writ, with the City joining in the opposition. The ...

Excerpt: ...enth, and Thirteenth Causes of Action. Plaintiff argues these causes of action are based on Plaintiff's protected activity and in retaliation for Plaintiff's exercise of her protected rights to free speech and to petition. Defendant/Cross‐Complainant Yuriy Galeev filed this cross‐complaint on December 10, 2020. It appears that Galeev's Proof of Service of the cross‐complaint is incorrect. At the case management conference of May 20, 2021, t...

Excerpt: ...around Bolla's investment into litigation activities conducted by Dunken. Essentially, it appears Bolla invested money in the hopes that he would later receive a portion of any portion of a settlement or judgment Dunken recovered in various product defect cases. That investment arrangement apparently was memorialized in four separate note purchase agreements (the “NPAs”). The operative complaint pleads a separate cause of action for breach of...

Excerpt: ... court strikes, without leave to amend, any request in the First Amended Complaint for an award of punitive damages against defendant Wild Idol, LLC dba The Aloha Club. (See, e.g., paragraph 23 and paragraph 9 of the Prayer.) Background This is a suit for wrongful death. Defendant Keith J. Brown was an employee of defendant The Aloha Club when he consumed alcohol to the point of intoxication on the night of October 6 and early in the morning of O...

Excerpt: ...fornia Star Remodeling, Inc. doing business as Citychamp Construction entered into a construction contract (Prime Contract) whereby Citychamp agreed to act as general contractor for extensive renovations and remodel of the Subject Property. There were numerous deficiencies and defects in the work performed by Citychamp and its subcontractors. Plaintiff allegedly terminated the contract on or about February 11, 2020. Plaintiff seeks disgorgement o...

Excerpt: ...ode of Civil Procedure Section 387(d)(2). The Court may allow intervention in an ongoing suit where the proposed intervenor has a direct and immediate interest in the litigation; the intervention will not enlarge the issues in the case; and the reasons for intervention outweigh any opposition by the parties. Truck Ins. Exch. v. Sup. Ct., 60 Cal. App. 4th (1997). This is a fact‐specific inquiry that is generally left to the sound discretion of t...

Excerpt: ...ickson was appointed as the personal representative of the estate. (SAC ¶ 5.) Plaintiffs filed a creditor's claim on December 4, 2019 and a corrected creditor's claim on December 5, 2019. (RJN E, SAC ¶7.) Defendant rejected on this claim on February 13, 2020. (RJN E; SAC ¶8.) The Register of Actions for the probate case (MSP19‐00912) shows that rejection was filed on February 24, 2020. After a demurrer, Plaintiffs filed a second amended comp...

Excerpt: ...'s counsel for approval as to form. The basis for this ruling is as follows. A. Defendant's Argument. Defendant summarizes defendant's main opposition argument as follows: The Award in the instant case violates Mr. Weiner's statutory rights under Civil Code §1916.2 [sic — incorrect citation] because even though Ms. Seidman “construed” the Loan Agreement to allow for compound interest and filed litigation to recover the same, she was nevert...

Excerpt: ...le question for resolution; namely, whether it is appropriate to pierce the corporate veil of Rainier DSC 15 LLC under Delaware law. Legal Standard Applicable to Summary Judgment Hess contends that this action has no merit under CCP section 437c(a)(1). Section 437c(p)(2) supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action has no merit if the party has shown t...

Excerpt: ...an order to show cause (“OSC”) re why defendant and defendant's counsel should not be sanctioned under sections 128.5 and 128.7 of the Code of Civil Procedure, to be heard at the same date and time. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 06/18/21 ‐ 17 ‐ The parties need not file any further papers. If the parties choose to do so, all such papers shall be filed and served in accordance with the ordina...

Excerpt: ...fault and Default Judgment; Motion to Quash is denied without prejudice. Background Plaintiff PCF Insurance Services of West, LLC is the assignee of the written agreement between Defendant Michael Mansel and R.L. Milsner Insurance, Inc. On or about February 1, 2016, Defendant Mansel and R L Milsner Insurance, Inc. entered into a written agreement whereby Mansel sold his property and casualty book of insurance business to Milsner, Inc. On or about...

Excerpt: ...e outcome of the arbitration. For the reasons set forth, the motion to compel arbitration is granted, and the motion to stay the action pending completion of the arbitration is also granted. Factual Background Plaintiff purchased a 2015 Mercedez‐Benz vehicle from defendant MBWC in 2017. The vehicle was manufactured by MBUSA. Plaintiff's complaint alleges four causes of action against MBUSA, including violations of the Song‐Beverly Consumer Wa...

Excerpt: ...d Complaint (“TAC”). The TAC alleges seven causes of action: (1) elder abuse; (2) negligent breach of fiduciary duty; (3) fraud; (4) attorney fees against all defendants; (5) attorney fees against Venhauses; (6) abuse of process; and (7) punitive damages. Defendant demurs to the entire TAC pursuant to Code of Civil Procedure § 430.10(b) on the grounds that Plaintiff does not have the legal capacity to sue, as well as each individual cause of...

Excerpt: ...d cross‐complainant SWA Group on January 4, 2021. Roebbelen's demurrer is sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10, subd. (e).) Roebbelen shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to SWA's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Ca...

Excerpt: ...e June 21, 2021. Background In November 2017, Attic Masters was hired to perform work for Leah Marthinsen and Miguel Quinonez‐Skinner (“Homeowners”). Specifically, the work involved removing existing insulation and blowing in new insulation. (Cross‐Complaint, ¶¶9‐ 10.) In November 2018, Homeowners sued Attic Masters and its principals, Lynette Watkins and Moshe Gohar (collectively, “Attic”), claiming that the job was improperly pe...

Excerpt: ...onse to the supplemental papers, the Court will so state in the tentative ruling posted before the continued hearing. The Court requests evidence and briefing on the following issues. A. Unsupported Factual Representations. In the supplemental memorandum filed on April 30, 2021, Thompson Builders makes many unsupported factual statements. These include the following:  Page 1:25–2:3: “The DRBF Manual has gone through three iterations since ...

Excerpt: ... that order is expected. The basis for this ruling is as follows. A. Procedural Posture. The operative pleading is plaintiff's original Complaint, filed on August 8, 2016. Plaintiff — who does not speak English — alleges that he was fraudulently induced to sign a deed transferring to defendant a 100% ownership interest in the subject real property. Plaintiff had intended to gift only a 50% ownership interest. Plaintiff alleged five causes of ...

Excerpt: ...re of a penalty only in actions to redress unfair or deceptive acts or practices, not in actions for compensation for personal injury or for elder abuse involving physical injuries and emotional distress. (See Hood v. Hartford Life & Accident Ins. Co. (E.D. Cal. 2008) 567 F. Supp.2d 1221, 1228‐1229.) The court provides a more complete analysis of this issue below. 7. Denied. 8. Moot because this item in the Prayer is tied to a cause of action a...

Excerpt: ...ered not to sell or otherwise transfer title to the Property. This injunction will expire on January 25, 2022 unless extended by this Court. Additional conditions of the injunction are discussed below. Plaintiff currently lives at a house in Pinole (the Property), which is the subject of this lawsuit. Plaintiff alleges that she had a deal with the Defendants that entitles her to an ownership interest in the Property. Plaintiff also alleges that t...

Excerpt: ...t damage to plaintiff's personal property. (FAC, ¶¶2, 43‐44.) After the subject incident, CSAA, the homeowner's insurance company of plaintiff's landlord, filed a complaint against defendant Whirlpool Corporation in Santa Clara County Superior Court to recover damages caused by the defective refrigerator. (FAC, ¶43.) After filing suit, and without informing plaintiff of any intent to permanently alter the refrigerator, CSAA took possession o...

Excerpt: ...quirements have not been met, the application is denied. Background This real estate fraud case involves plaintiff's contentions that his investments in multiple real properties were rendered worthless through acts of defendants, who, spearheaded by real estate developer, Kevin Hampton, transferred debt through a network of LLCs to avoid liability. Abrahams' investments began in 2004, when he became inspired by, and therefore began investing with...

Excerpt: ...t shall be filed and served on or before June 11, 2021. Background Plaintiff alleges various causes of action concerning the death of her mother on May 10, 2017 while a patient at Kaiser. Plaintiff alleges that, in an act of elder abuse, nurse Kiral improperly withheld oxygen from plaintiff's mother on May 9 or 10, 2017, and that her mother also died because she was mis‐prescribed Digoxin and Warfarin for years and was taken off Digoxin in 2016...

Excerpt: ...Trampas in Alamo. In July 2016, after inspection of the partially completed structures by a qualified general contractor, Plaintiff discovered a number of conditions that were not constructed in accordance with the applicable code, or in accordance with the plans. Plaintiff this action negligence, breach of oral agreement, breach of express and implied warranties, and professional negligence. On February 18, 2018, Defendant Clifford Barbera filed...

Excerpt: ... a written lease), violation of state statutes (Civil Code §1941.1, Health & Safety §17920.3), negligence and a Business and Professions Code section 17200 claim. Defendants argue that the breach of contract claim fails because Luis Flores did not have a rental contract or other agreement to live at the property. Defendants argue that the remaining claims fail because there was no landlord‐tenant relationship between Flores and the Defendants...

Excerpt: ...ted to the sound discretion of the court. After review of the Plaintiff's proposed Second Amended Complaint, Plaintiff's Response to Defendant's Opposition, and Plaintiff's previous filings in support of the motion, the Court finds the additional allegations fail to allege actual fraud. As the claims sound in legal malpractice, they are subject to the one‐year statute of limitations set forth in Code of Civil Procedure 340.6. Ordinarily the jud...

Excerpt: ... (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, and (4) declaratory relief. The Motion seeks an order striking the FAC in its entirety, or in the alternative, striking all of Plaintiff's claims against Defendant Sam Limones, the third cause of action for negligence (FAC ¶¶ 15‐40), and/or the fourth cause of action for declaratory relief (FAC ¶¶ 30‐40.) Defendants move pursuant to CCP §�...

Excerpt: ... (b) 6th C/A for negligence ‐ overruled; (b) 11th, 12th and 14th C/As ‐ sustained without leave to amend and without prejudice to Plaintiffs pursuing the relief sought by those causes of action by appropriate petition or proceeding under the Probate Code before the Probate Division of the Court. In light of the supplemental Case Management Conference statements and this ruling, Plaintiffs are also granted leave to amend the SAC to the extent ...

Excerpt: ...kground This case presents the issue whether a cross‐defendant may continue to prosecute a cross‐ complaint for equitable indemnity against an alleged joint tortfeasor whose demurrer to the plaintiff's complaint was sustained without leave to amend. Under the circumstances of this case, the court concludes the answer is yes. The court grants the unopposed Request for Judicial Notice filed April 2, 2021. It takes judicial notice of the existen...

Excerpt: ...fault judgment shall be vacated. Defendants shall file and serve their answer to the first amended complaint by May 24, 2021. Factual Background Plaintiff filed his complaint commencing this action in November 2020, and filed a first amended complaint ("FAC") on December 23, 2020. The FAC alleges eight causes of action against Voyajoy, Inc. ("Voyajoy") and Diane Thai, an officer of the corporation and its registered agent CONTRA COSTA SUPERIOR CO...

Excerpt: ...isdiction. Background Plaintiff, a California resident, met Nancy Ismail via Facebook and believed them to share a common connection through their school in Egypt. (Declaration of Ashraf Alyan in Opposition to Motions to Quash, hereinafter “Alyan Decl.,” ¶2.) He claims she induced him to be a co‐ signer on college student loans being made to her daughters, Ingy Hodhod and Salma CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 0...

Excerpt: .... Cause of action 1 and 2 as to the succession contract have already been decided in Jess's favor. Cause of action 3 (breach of fiduciary duty) was decided in Jess's favor during the bench trial and will not be tried to the jury. Cause of action 5 (retaliation) will be tried to the jury. Causes of action 6 and 7 (Labor Code claims) will be tried to the jury. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 05/14/21 �...