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: ...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: ...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: ... 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: ...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: ...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: ...'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...