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