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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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