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