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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...'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: ...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 �...