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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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 �...