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