Excerpt: ...filed a Cross-complaint against Plaintiff and Payroll Masters. In March 2018, Jones Law sought leave to amend the Cross-complaint, which was granted. Thereafter, Jones Law's First Amended Crosscomplaint was filed, which added Cross-Defendant Sandra Vella-Andrade as a partyto the action. Ms. Vella-Andrade demurred to the FACC — as well as the subsequently filed Second Amended Crosscomplaint. This led to the filing of a Third Amended Cross-compla...

Excerpt: ...s a portion of Defendants' property in San Ramon. It is alleged that when the two adjacent properties were built in approximately 1965, a significant portion of Plaintiffs' driveway was actually built on Defendants' property. As the Plaintiffs, and their predecessors in interest, have using that area since the 1960's, is alleged that a prescriptive easement exists in favor of the Plaintiffs. Plaintiffs initiated these proceedings by filing their ...

Excerpt: ... the Plaintiff regarding additional complaints she received from patents regarding Defendant. Plaintiff requests a protective order to restrict questioning of Ms. Ozuna regarding her employment with Defendant and her alleged bias against Defendant. "Except as otherwise provided by statute, all relevant evidence is admissible." Evidence Code 5351. "Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or he...

Excerpt: ...to 3rd, 4th, and 5th C/As — overruled. Background Plaintiff alleges she was employed by defendant Orinda Country Club from December 2017 until she was constructively discharged on April 18, 2022. (Compl. 2, 17.) Her complaint includes 17 causes of action, alleging violations of the Fair Employment and Housing Act, Labor Code section 12940 et seq. ("FEHA"), including various forms of discrimination, hostile work environment, and retaliation, wag...

Excerpt: ..., defendant USA Equestrian Trust, Inc. ("Trust") has filed a partial opposition and partial request for joinder as to USEF's demurrer. The Court rules on these motions as follows and further discussed below: Joinder by Trust in the USEF demurrer is allowed. Both demurrers (by USEF and USPC) are overruled. The motions to strike are denied. A. Background Plaintiff, as a young equestrian training toward her goals of becoming an "A-Rated Pony Clubber...

Excerpt: ...ded Complaint. For the reasons set forth, the moton is denied. Background Plaintiffs Jeffrey R. Kenny and Lekhini Joshi-Kenny as Trustees of their living trust ("Plaintiffs" or the "Kennys" for convenience) purchased a home in Danville in 2021. (First Amended Complaint ("FAC") 1, 9.) They allege that after purchasing their home, they discovered their neighbors the Bancrofts had improvements in an area abutting the two properties that they assert ...

Excerpt: ...FFICER: CLARE MAIER HEARING DATE: 10/19/2023 December 1, 2023. The Court has extended the time it normally allows for filing a proposed cross-complaint to give the parties time to consider whether further settlement discussions or mediation would be helpful. No later than October 30, the attorneys are ordered to discuss whether additional mediation would be useful and if so, to begin mediation as soon as possible. Plaintiff and Defendants own pro...

Excerpt: ...nt moves for summary judgment on the grounds that Plaintiff failed to comply with the Government Claims Act. For the followng reasons, the Motion is denied. Judicial Notice Defendant's request for judicial notice is granted. (Evid. Code SS 452, 453.) Legal standard SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 code of Civil Procedure ("CCP") SS 437c(o)(1) and 43...

Excerpt: ... Cross-complaint ("FACC") "1 1, 2.) In the main action, Johnson has sued Fong to recover the amount he paid Fong based on what Johnson contends was defective work. In his FACC, Fong alleges that Johnson came to Fong's residence and demanded Fong pay him money or Johnson would inform Fong's neighbors that Fong was a convicted felon who served a prison sentence in connection with a crime involving moral turpitude and dishonesty. (FACC 3-8, 10, 12- ...

Excerpt: ...he same statutes for their requests for sanctions, the Court will address both Motions together. For the reasons set forth below, the Motions are granted as outlined below. Procedural Background Plaintiff filed the initial Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June ...

Excerpt: ...OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 the MS] is granted. Factual and Procedural Background Defendant opened an American Express Platinum Card account on September 17, 2016 ending in 1004. UMF 1. The terms and conditions for use of the Account are governed by a Cardmember Agreement. UMF 2. American Express sent Defendant a copy of this Agreement along with the physical...

Excerpt: ...stments v. Decher Young, QI-0258. ("C21 case") In the C21 case, Decher Young was the defendant and the attorney for Mr. Young, Mr. Levin, represents Mr. Young in both cases. The attorneys for Steven Pinza was the same counsel in the C21 case. Neither party asked this court to take Judicial Notice of the C21 case, but as the C21 case is relevant to the motion to recover costs of service and service by publication, the Court does so on its own moti...

Excerpt: ...urt may dismiss the complaint as to that defendant when: Except where Secton 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal." CCP section 597 applies to trials of defenses and is not applicable to this action. The Court sustained Defendant's Demurrer to Plaintiffs' First Amended Complaint with leave to amend ...

Excerpt: ...a multi-vehicle car accident in April 2021. Claimant is the insured under a motor vehicle policy with Respondent State Farm Insurance with uninsured motorist coverage. Claimant requested that State Farm arbitrate the uninsured motorist claim in a letter from his counsel dated March 23, 2023. (Chang Decl. Exh. 1.) State Farm thus far has not agreed to schedule an arbitration. Analysis A. Threshold Issue — Existence of An Arbitration Agreement Wh...

Excerpt: ... cause of action Plaintiffs' prayer for punitive and exemplary damages. The motion to strike is denied as moot, based on the Court's concurrent ruling on the demurrer to the second cause of action. 5. 9:00 AM CASE NUMBER: C22-02757 CASE NAME: CHRISTIAN WATKINS VS. TANETTE MAFFEI HEARING ON DEMURRER TO: DEMURRER TO CROSS COMPLAINT FILED BY DEF FILED ON 6/6/23 FILED BY: *TENTATIVE Before the Court is a demurrer by defendants John Norheim and Steve ...

Excerpt: ...the treatment and care of Plaintiffs' father ("Decedent") which resulted in his death on September 15, 2020. Decedent was admitted to Defendant The Reutlinger Community ("Reutlinger"), a licensed Residential Care Facility for the Elderly, on March 27, 2020. Decedent had developed dementia prior to his admission as a result of a traumatic brain injury. Plaintiffs filed their initial Complaint on September 16, 2021. The Complaint alleged a single c...

Excerpt: ...dants Corporation for Better Housing, 69 Carol Lane, L.P. and 73 Carol Lane, L.P. filed a motion for summary judgment or alternatively for summary adjudication. The notice of moton sought summary judgment and did not separately list any issues for summary adjudication. In addition, Defendants' separate statement did not list any issues for summary adjudication. After the initial hearing date on this matter passed, Defendants filed an amended noti...

Excerpt: ... action: breach of written contract and unjust enrichment. Defendant demurs to both causes of action. Defendants' demurrer is overruled. While there is discussion of, and reference to, the filings that occurred in Contra Costa Case No. P22- 01215, neither party requested judicial notice of those files. As they are directly relevant to the issues to be decided on this matter, the Court takes judicial notice of the filings in that case. (Cal. Evid....

Excerpt: ...The special motion to strike the first, fifth, sixth and seventh causes of action is granted, and the motion is otherwise denied. Background Plaintiff alleges seven causes of action, five causes of acton for libel per se based on statements made by defendant Donna Hosten on internet and social media websites Yelp, Facebook and the Better Business Bureau ("888"), and two causes of action for breach of contract and breach of the implied covenant of...

Excerpt: ...d for the reasons set forth below. Procedural History Plaintiff filed the Complaint in this matter on December 14, 2021. The Complaint sets forth two causes of action against Defendant William H. Rogers: (1) breach of contract, and (2) promissory fraud. On June 24, 2022, Plaintiff filed a Proof of Service of Summons indicating that Defendant had been served by substituted service. The Proof of Service indicates that documents were left with an em...

Excerpt: ...o Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that she is not a resident of Contra Costa County and pursuant to CCP S 410.30 and 418.10(a)(2) on the grounds that Plaintiff's action involves a contract with a forum selection clause designating Greenville County, South Carolina for any proceeding regarding the agreement. For the following reasons, the Mohon is denied. Judicial Notice The unopposed Request for Judicial Notce is gra...

Excerpt: ...Civil Procedure section 377.32, by October 19, 2023. Background Plaintiff Jnbud Dawod Hadu ("Hadu' or "Plaintiff') alleges she is the sister and sole sibling ofSabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Second Amended Complaint ("2AC") 3.) Plaintiff alleges she is "an intestate heir [of Decedent] whose interest is affected" by the action, "but for" the defendants' allegedly unlawful conduct. (2AC '1 3.) Campbell moved ...

Excerpt: ...Jr. Defendants were served with a three-day notice to vacate the property on April 27, 2022. The Defendants have failed to vacate and unlawful detainer proceedings were filed on May 12, 2022. PL has brought a motion for summary judgment based on the pleadings, asserting that PL is entitled to summary judgment because there is no issue of triable fact regarding the unlawful detainer. Defendants object, asserting that they are tenants of the proper...

Excerpt: ...aratory and Injunctive Relief and for Attorneys Fees. PG&E moves pursuant to Code of Civil Proc:edure S 437c on the grounds that the Second Amended Pettion challenging the Letter Agreement for Tree Removal is moot given the United States Bankruptcy Court's order rescinding and voiding the challenged Tree Removal Agreement. For the following reasons, the Motion is granted. Request for Judicial Notce PG&E requests judicial notice of several State a...

Excerpt: ...t. Any amended complaint shall be filed and served on or before September 18, 2023. Meet and Confer Defendants' declaration documenting efforts to meet and confer is insufficient in that it fails to indicate the "means by which" defendants met and conferred with the plaintiff and whether such efforts were "in person or by telephone." (Code Civ. Proc., S 430.41 (a) and (a)(3)(A).) However, failure to meet and confer in compliance with the statute ...

Excerpt: ...C and the prayer for relief on the grounds that "the language arises out of inadmissible settlement communications." For the following reasons, the motion is denied. Legal Standard Code of Civil Procedure ("CCP") S 436 provides: The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike ou...

Excerpt: ...ve Trust (Civ. Code S 2224); (5) Adverse Possession; (6) Fraud (Promise without intent to perform); (7) Breach of Contract (Damages); (8) Breach of Contract (Rescission); (9) Financial Elder Abuse (Welt & Inst. Code S 15610.30); (10) Trespass (Intentional Tort). Defendants demurrer to all the causes of action set forth in the SAC on various grounds. First, they contend that all causes of action (except CoA 5 — Adverse Possession) are barred by ...

Excerpt: ...aintiff did not deliver copies to a Corteva officer or to a designated agent for service of process, nor did he serve the documents upon Jim Johnston or Monica Peters, who are two individual SA defendants who are moving to quash the Summons as well as the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/31/2023 9 entity, Corteva. On April 12, 2023, Plaintiff filed proofs o...

Excerpt: ...ction for breach of contract and breach of the implied covenant of good faith and fair dealing, respectively. Defendant's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (b), (c).) Plaintiff's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452(h).) For the following reasons, Defendant's MSA is granted in part and denied in part as explained below. Factual Background This matter pertains to work perfo...

Excerpt: ...o be substantively the same — as are the oppositions thereto. As such, the Court will rule on the Motions as a whole. The Defendants' Request for Judicial Notice is granted. (Cal. Evid. Code S 452(d)(1).) For the reasons set forth below, Defendants' Motions are granted. Procedural Background Plaintiff filed the initial Complaint on September 15, 2022. It appears the Defendants were served with the Complaint on September 27, 2022. Thereafter, th...

Excerpt: ... including the Statement of Decision dated November 16, 2022, the Notce of Appeal filed on January 3, 2023, the Notice of Related Cases filed on August 18, 2023 (including this case), and the minute order dated August 22, 2023. Based on these documents, the Court implements a stay and sets a status hearing for January 24, 2024 at 8:30 a.m. in this Department. On that date, assuming this case is still pending, parties are requested to appear and u...

Excerpt: ...ained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (First Amended Complaint, labeled "Amended Complaint" ("FAC") 10, 11. 16, 17.) He alleges he suffered prolonged or permanent damage to his trigeminal nerve which has caused "severe, debilitating, life-long pain." (FAC 13.) He asserts the injections were negligently administered and that he w...

Excerpt: ...tion, which include detailed procedural and substantive requirements for bringing those motions. Plaintiffs motion is denied on that basis, without prejudice to Plaintiff filing a motion for summary judgment and/or summary adjudication in conformity with the Statute and Rules of Court. 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 as a matt...

Excerpt: ...023. Background Plaintiff generally alleges that after his spouse passed away, he was denied his community property SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 interest in assets formerly held in accounts in his spouse's name at Principal Securities, Inc. Plaintiff sued his spouse's daughter Anita L. Budde, the financial firms that held or were otherwise affil...

Excerpt: ... issue is the amount. To calculate the appropriate lodestar in this action, one must determine the reasonable hourly rate and multiply that figure by the reasonable number of hours spent. Graham v. DaimlerChrysler Corporation (2009) 34 Cal.4th 563, 579-580. To determine the total hours spent, the court not only considered all of the papers submitted, but also its own experience evaluating a multitude of Anti-Slapp fee motions. "The experienced tr...

Excerpt: ... SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 Defendants. Defendant's Demurrer is hereby overruled. Discussion 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 complaint "is sufficient if it alleges ultimate rather than evident...

Excerpt: ...cluding any SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 supporting declaration or request for judicial notice, neither brief shall exceed eight pages. Parties are asked to directly address the analytical framework articulated in County of Alameda v. Janssen (1940) 16 Cal.2d 276 and whether the challenged portion of AB218 served a "public purpose." It is well s...

Excerpt: ...ranty of habitability; (3) breach of contract; (4) breach of quiet enjoyment; (5) private nuisance; (6) premises liability; (7) negligence; (8) violation of California's Just Cause Statute; (9) violation of California's Rent Control Statute; (10) unfair business practices (violation of California Business and Professions Code S 17200 et seq.); (11) retaliation; and a claim for exemplary damages. Defendant demurs to all Plaintiffs' causes of actio...

Excerpt: ...ff alleges claims arising out of a real property loan by Bank of America secured by a mortgage on Plaintiffs real property, with a loan number ending 9666 ("Loan 9666"). His FAC, which is 74 pages long, exclusive of the 35 exhibits attached, alleges six causes of acton against the bank: breach of contract, violation of Civil Code secton 1785.25 pertaining to a creditor making reports to a credit reporting agency; breach of the implied covenant of...

Excerpt: ... 128.7 is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 Fairfield shall prepare and submit a proposed order consistent with this ruling. Fairfield shall then serve and file notice of entry of order. Relevant Background On June 30, 2020, Plaintiffs Sandra Hernandez-Perez and Jenilee Perez, individually and as successors in interest to Jesus Berrios II, fi...

Excerpt: ...RA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 (3) Reasonable value of services. cross-Defendant demurrers to the first cause of action on the basis that it fails to state facts sufficient to state a cause of action (CCP 5430.10(e)), and that Cross-complainant does not have the legal capacity to sue (CCP 431.10(b).) She also demurs to the second and third causes of action on the basis that those ...

Excerpt: ...strict Court. Plaintiff initially filed this achon in July 2021 contending, inter alia, that the City of Hercules lacked authority to tow his vehicle. Defendants City of Hercules, Elmer Najarro and William Imboden ("City Defendants") filed a Notice of Removal in the United States District Court for the Northern District of California. The District Court granted a motion to dismiss brought by the City Defendants, and denied reconsideration of that...

Excerpt: ...partment. It started in a Whirlpool gas range (the "Range") which she purchased from Costco Wholesale and which was delivered and installed by moving Defendants Lopex and XPO (collectively the "Moving Defendants"). The Complaint alleges causes of acton for: (1) general negligence, (2) premise liability, (3) product liability, (4) general negligence, and (5) breach of contract. Only two of the causes of action are asserted against the moving Defen...

Excerpt: ... against defendant Sukhdeep Kaur on September 17, 2019. With leave of Court, after engaging new counsel, Plaintiffs filed an amended verified complaint on March 3, 2023. Sukhdeep is the special administration of the estate of her deceased husband, Gurpinder Singh, who Plaintiffs allege was a member of their family who lived with them when he was 20 years old and who they treated like a son. (Am. Compl. 5, 12, 18, 20, 23.) (Because of the similari...

Excerpt: ...nostic testing to determine the cause of her headache. (Compl. 18, 19.) On May 2, 2011, plaintiff Mrs. Lewis was seen by a triage nurse and examined by a physician. (Plaintiff's Trial Brief at 4.) On May 3, 2011, plaintiff Mrs. Lewis was seen by a triage nurse and a physician assistant. (ld.) Plaintiff further alleges that on May 6, 2011, she returned to SOMC with extreme headache pain and she was denied adequate medical treatment in that the sta...

Excerpt: ...tion for judgment on the pleadings, defendants contend plaintiff exceeded the scope of that leave and accordingly, they also move to strike the added causes of action and punitive damages. 80th motions are granted. No further amendment will be permitted unless plaintiff comes to the hearing prepared to articulate facts that would justify amendment. Background The Court's previous order granting Defendants' moton for judgment on the pleadings reci...

Excerpt: ...property (Gov. Code S 835); (3) negligent hiring, supervision, and retention, and (4) survival action. Defendant demurs to Plaintiff's causes of action for (1) negligence, (3) negligent hiring, and (4) survival action pursuant to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice In opposition, Plaintiff requests judicial notice of ...

Excerpt: ...se this is plaintiffs first pleading, she may file and serve an amended complaint by August 7, 2023. 1. Background According to the complaint, plaintiff was foreclosed upon by her lenders, Gregory Funcrng LLC and Gregory Funding Inc., and the property sold to defendant. Defendant then proceeded to evict her. She previously filed suit against the lender(s), and they are not parties here. Plaintiff claims, in essence, that the defendant was neglige...

Excerpt: ...ction, and overruled with respect to the second, third, and fifth causes of action. The motion to strike is granted with respect to attorneys fees and denied as to punitive damages. Plaintiff has leave to amend. The amended complaint shall be filed and served on or before July 3, 2023. Background Plaintiff's complaint alleges that, on December 13, 2021, plaintiff was rear-ended while at an intersection in Brentwood. (Complaint, 915.) The other dr...

Excerpt: ...ant Amip Management (collectively, "Defendants")'s Demurrer. The Demurrer relates to Plaintiff Ricknauth Karan and Plaintiff Davitri Karan (collectively, First Amended Complaint ("FAC") for (1) wrongful foreclosure, (2) violations of Civ. Code 2923.5, (3) violations of Civ. Code 2924.11, and (4) declaratory relief. For the following reasons, the Demurrer is sustained, with leave to amend. Factual Background This is a wrongful foreclosure case. Pl...

Excerpt: ...e; (4) quiet title; (5) breach of fiduciary duty; (6) constructive trust; (7) partition by sale of real property; and (8) partition by sale of real property. Defendant demurs to all Plaintiff's causes of action pursuant to Code of Civil Procedure ("CCP") S 430.10 on several grounds; in the alternative, Defendant moves to stay or enjoin pursuant to CCP S 418.10 and 526(a) based on pending family law proceedngs in Contra Costa Case No. D22-03945. F...

Excerpt: ...the action filed by the other two defendants heard concurrently with the demurrer. Background This action arises out of a long-running dispute among five siblings, the children of Silvio Garaventa, Sr. and Mary Garaventa, following the death of Mary Garaventa. The siblings are direct and indirect owners of the plaintiff, Garaventa Enterprises, Inc., a closely held corporation. (Compl. "115-25.) The Court will use first names of the siblings in th...

Excerpt: ...il October 20, 2023, and a CMC shall be set for 8:30 a.m. on September 19, 2023. Any party seeking to extend the stay will need to file a noticed motion seeking such relief. Background This action arises out of a long-running dispute among five siblings, the children of Silvio Garaventa, Sr. and Mary Garaventa, following the death of Mary Garaventa. The siblings are direct and indirect owners of the plaintiff, Garaventa Enterprises, Inc., a close...

Excerpt: ...s the burden on both these issues. (Code of Civil Procedure 5405.30; see also, Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647.) A motion to expunge a lis pendens usually involves two questions. First, is whether the complaint involves a real property claim. (Code of Civil Procedure 5405.31.) Defendant concedes that the complaint here involves a real property claim. Probable Validity of Plaintiff's Claim Next, the Court considers the merits ...

Excerpt: ...alendar days before the next CMC. The parties shall update the court as to the status of the stay and whether it can be vacated. (4) Plaintiff shall file and serve notce of entry of this order. Background Plaintiff Kevin Winans filed this acton to recover damages for battery, use of excessive force, civil rights violations pursuant to 42 USC section 1983, etc., against Defendants City of Brentwood Police Department and Officers Jonathan Davis and...

Excerpt: ...s filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June 10, 2022. Plaintiff filed fts initial opposition to the MS] on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ and ordering Defendant to re-file its opposition so as to comport with the applicable California Rules of Court and Code of Civil Procedure. No party contested this ...

Excerpt: ..., filed this suit to recover for injuries sustained while operating a motor grader. Defendant American Equipment Company ("AMECO") allegedly manufactured, sold, or leased the defective equipment and defendant NorCal Rental Group, LLC ("NorCal") allegedly helped manufacture, supply and/or repair the defective equipment. On August 24, 2022, NorCal filed a cross- complaint against AMECO for express contractual indemnity. The cross-complaint alleged ...

Excerpt: ...se of Acton and denied, in part, as to the Second and Third Causes of Action, as fully explained below. Discussion 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 complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaint...

Excerpt: ...vor of Defendants. Factual Background Plaintiff alleges that he was injured in a motor vehicle accident by an ambulance operated by Michael Dayton and owned by AMR. The form complaint alleges those facts, that the accident occurred on April 23, 2019 on Clayton Road in Concord, and that Defendants' acts were negligent. (Attachment to Compl.) The Complaint alleges one cause of achon for negligence arising out of the accident. The Complaint was file...

Excerpt: ...T OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 2 opposition and Joinder to the Motion. Defendant seeks to transfer the instant case to Calaveras County. For the following reasons, Defendant's motion is granted. Analysis The default venue for civil actions is "the superior court in either the county where the injury occurs or the injury causing death occurs or the county where...

Excerpt: ...RIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 10 Plaintiff filed the Complaint initiating this matter on March 13, 2023. She filed proofs of service of summons indicating that both Defendants, County of Contra Costa and Arnold Josselson, M.D., were personally served with the summons and Complaint on March 17, 2023 by delivering copies of her filings with the Board o...

Excerpt: ...ure to meet their initial burden. Background Plaintiffs seek to quiet title against defendant Shadelands Medical Center Owners Association. Defendant is the owners association of owners of units in the Shadelands Medical Center condominium project ("Shadelands"), a common interest development as defined in Section 4100 of the California Civil Code. Historically, Shadelands was developed by Vertical Ventures - Wiget Lane, LLC ("Vertical"). Vertica...

Excerpt: ...fendants' motion to confirm is granted, and Plaintiff's motion to vacate, change or correct the award is denied. Background This action involves a dispute over the assets of Katherine Hill-Ford, who died on November 30, 2015. Defendant Anita Budde is Hill's daughter. Plaintiff Lawrence Ford, who is not Budde's father, married Hill in 2006. Defendant Frankie Ross is Hill's financial advisor. Ford alleges that Hill filled out beneficiary designatio...

Excerpt: ...ad litem) is suing the Defendant for negligence claims related to an accident. Defendant was driving when she hit Plaintiff who was crossing the street while in the crosswalk. Plaintiff is seeking punitive damages based on malice. The facts supporting punitive damages are that at the time of the accident, Defendant's driver's license was suspended for "lack of knowledge or skill". Defendant's license was suspended because she had slowed her vehic...

Excerpt: ...son Village Homes Corporation filed this action for breach of contract and negligence on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 6 February 7, 2023. Plaintiff is a nonprofit mutual housing corporation. Plaintiff currently has several hundred members who occupy over 400 housing units in Richmond, California. Rather than own individual properties themselves,...

Excerpt: ...gainst David Eckert, Baywoods Homeowners Association (hereinafter "Baywood HOA"), and Homeowners Management Co., LLC. The action was filed on October 28, 2021, and the operative First Amended Complaint ("FAC") was filed on August 19, 2022. The FAC purports to allege three causes of action using a judicial council form complaint: (1) breach of contract, (2) general negligence, and (3) intentional tort. Specifically, plaintiff alleges that on or ab...

Excerpt: ...lace Matter Back on Active calendar ("Motion"). For the reasons set forth below, the Moton is denied. However, the Court on its own moton will reconsider its earlier ruling in a very limited manner as set forth at the end of this order. Plaintiff is granted limited leave to amend as set forth below. Procedural Background Plaintiff filed the Complaint in this matter on December 30, 2020. The Complaint pertains to alleged injuries sustained by Plai...

Excerpt: .... For the following reasons, the Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/18/2023 Page 11 of 26 Request for Judicial Notice Plaintiffs' unopposed request for judicial notice of Contra Costa County Tax Assessor Records and California Department of Energy Climate Zone Designations by Zip Code is granted. (Evid. Code SS 452, 453.) General Description...

Excerpt: ... alleges Fay Servicing, LLC ("Fay") is the servicer for her mortgage loan secured by the Property. (Compl. 2, 5.) She alleges she submitted "a completed loan modification application" to Fay on "December 13, 2021," though she contends in her opposition the date is a typographical error and is really December 13, 2022. (Compl. '1 9; Opp. p. 3, II. 19-23.) Plaintiff alleges on January 17, 2023, Fay requested her two most recent paystubs, which she ...

Excerpt: ...23 the Court issued an Order awarding and striking certain costs to Defendant for prevailing on Susan Clancy's claims. On behalf of Timothy Clancy, plaintiff has filed a memorandum of costs, and Defendant has filed a motion to tax costs claiming that certain of the costs are non-recoverable. Analysis Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. To ob...

Excerpt: ... value under the Probate Code. Probate Code section 18100 states that "[w]ith respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them... The third person is fully protected in dealing with or assisting the trustee just ...

Excerpt: ...tration award. For the reasons set forth, the Court requests supplemental briefing by the parties before the Court issues a ruling on the merits of the motion. The parties shall file and serve supplemental briefs no longer than 10 pages double-spaced by May 22, 2023 addressing the issues set forth below. The hearing on the motion and Plaintiff's response is continued to 9:00 a.m. on June 1, 2023. On July 21, 2022, Ford commenced an arbitration be...

Excerpt: ... CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 Factual Background Plaintiff owns a 2008 GMC Yukon 1500 (the "Vehicle"). The Vehicle was towed to Defendant Lehmer's Concord Buick GMC ("Defendant") on or about May 13, 2020 as it was having engine problems. This included sputtering of the engine and an illuminated 'check engine' light. Defendant inspected the Vehicle and determined there was an...

Excerpt: ... CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 and S 430.50(a) on the grounds that "the underlying Notice of Termination is fatally defective because it failed to serve the appropriate Tenant and the Landlord is estopped from enforcing the Sublease." (Notice at 1:27-28.) For the following reasons, the Demurrer is overruled. Legal Standard "The function of a demurrer is to test th...

Excerpt: ...ice Kugler (collectively "Defendants")'s Demurrer to Plaintiff Maureen Mbadike-obiora, MD ("Plaintiff" or "Dr. Mbadikeobiora")'s Fourth Amended Complaint for (1) breach of contract, (2) accounting, (3) breach of fiduciary duty, (4) breach of implied covenant of gtnd faith and fair dealing, (5) intentional and negligent misrepresentation, and (6) declaratory relief. For the following reasons, Defendants Demurrer is sustained, with leave to amend. ...

Excerpt: ...-Fraudulent Inducement-concealment." Defendant demurs to this fourth cause of action for fraud on the basis that the complaint fails to state facts sufficient to constitute a SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/27/2023 cause of acton. (Cal. Code Civ. Proc. S 430.10(e).) Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Defendant's moton t...

Excerpt: ...Jnbud Dawod Hadu ("Sister" for convenience) alleges she is the sister of Sabiha Campbell ("Campbell" or "Decedent") who died in May 2022. (First Amended Complaint ("FAC") 4, 19.) Plaintiff Francis George Yacoub ("Nephew" for convenience) alleges he is the Decedent's nephew. (FAC '14.) Campbell lived in Basra, Iraq, moved to California in approximately 1976, and married John Campbell approximately two years later. (FAC 5-7.) John Campbell died in ...

Excerpt: ...ders, LLC (the general contractor) when it filed its complaint on November 17, 2020 against Defendant ProFrame, Inc. (the framing subcontractor). The initial Complaint contained a single cause of action for breach of contract. Exhibit 1 to the Complaint is the Subcontract between West Creek and ProFrame — drafted by West Creek — which contains the arbitration clause at issue. Thereafter, there were a number of pleadings filed as outlined belo...

Excerpt: ...tained with leave to amend. Fairfield shall file and serve an appropriately numbered, amended cross-complaint within 30 days of this order. (2) James shall file and serve an answer or other responsive pleading within 30 days of service SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 35 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/13/2023 Page 2 of 8 of the amended cross-complaint. Background On June 30, 2020, Plaintiff...

Excerpt: ...d the tentative ruling for the March 2, 2023 hearing on this matter. On March 2, this matter was continued to allow Plaintiffs to file objections to evidence. There appears to have been a misunderstanding as to whether the parties were expecting to appear at the next hearing or whether they were expecting a new tentative ruling, which they would be required to contest in the normal manner. Given the misunderstanding, the Court is inclined to let ...

Excerpt: ...on an attorney's fees provision which was included in forms for the agreement to process the payroll. These written "Electronic Funds Transfer (EFT) Authorization" forms and "Client Authorization for Payroll Masters to Draw Funds," both had attorney's fees clauses. Defendant and Cross-complainant Shannon 8. Jones Law Group opposes. Legal Standard "underthe American rule, each party to a lawsuit ordinarily pays its own attorney fees. "If such liti...

Excerpt: ...mary of Allegations Plaintiff Peet's Coffee & Tea, LLC ("Plaintiff" or "Peet's") entered into four separate written purchase contracts with Defendant wherein Defendant agreed to ship large amounts of coffee to Peet's in exchange for payment "360 days from delivery." (Complaint 7-10, Exs. A-D.) These contracts were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/06/2023 en...

Excerpt: ... of Chun Huang filed on December 21, 2022 as it was signed by her attorney instead of by Huang. Chun Huang was sworn in and affirmed all statements in that Affidavit. Defendant then requested time to file objections to the Affidavit. The Court granted Defendant's request and ordered that objections be filed by March 10, 2023. Plaintiff would have until March 22, 2023 to file a response. Defendant filed objections ten days late on March 20, 2023 w...

Excerpt: ...e Partes abide by the rules and procedures and work together as professionals to move this matter forward. Procedural Background The Complaint in this matter was filed on July 25, 2022. Generally, a party must file a response to a complaint within 30 days after the summons and complaint are served upon them. (CCP S 412.20(a)(3).) To evidence when the complaint was served, the "proofs of service on those defendants must be filed with the court wit...

Excerpt: ...nt Young demurs to the Fourth, Fifth, and Sixth causes of action, the only claims asserted against him. Defendant contends that Plaintiff has failed to alleged facts suffcient to constitute each of these causes of acton (CCP S 430.10(e)), and that the Fifth and Sixth causes of action are also uncertain (CCP S 430.10(f).) Defendant's Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h).) For the follow-ng reasons, Defendant's de...

Excerpt: ...al briefs and now re-affirms that Defendant is entitled to attorney fees. This ruling addresses some additional issues not included in the prior tentative ruling. Joseph Sahar, Nathan Sahar and Michele Sahar sue Said Shefayee and Raymond Miller for (1) malicious prosecution, (2) abuse of process, (3) negligent infliction of emotional distress, (4) intentional infliction of emotional distress and (5) declaratory relief. The complaint arises from a...

Excerpt: ... to review the Court's own files in this matter. Procedural Issues Initially, it is worth noting that the below analysis pertains to Plaintiff's Amended Opposition papers due to Plaintiff's failure to follow the proper procedures for filing an opposition to a motion for summary judgment. This is the second time the Court ordered Plaintiff to re-do their papers for failure to file suitable papers and appropriate evidence. As discussed in more deta...

Excerpt: ...ts be awarded based on Plaintiff Susan Clancy not being awarded any recovery by the jury. l. Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. (bj.) To obtain costs, the prevailing party must file and serve a memorandum of costs, which "must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of c...

Excerpt: ...low Felisilda v. FCA US LLC (2020) 53 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/23/2023 Page 33 of 38 cal.App.5th 486 given the opinion in Ngo v. BMW of North America, LLC et al., (9th Cir. 2022) 23 F.4th 942 and the possibility that the Second Circuit will decline to follow Felisilda in Ochoa v. Ford Motor Company (8312261), and consequently create a split of autho...

Excerpt: ...ends over the single family residence located at 1751 Argonne Drive in Concord (the "Property"). In a separate unlawful detainer action, defendants Dan and Tracey Towne (the "Townes"), who own the Property, are seeking to evict the Plaintiffs. Plaintiffs filed a verified complaint initiating this action alleging nine causes of action against the Townes, including a claim for specific performance, based on an alleged oral agreement made in Septemb...

Excerpt: ... met her burden and summary adjudication is denied on the merits. Plaintiff moves for summary adjudication of affirmative defenses two through nineteen in Defendants DeLeon's and Mardel Realty's answer to the fourth amended complaint. "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he caus...

Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/15/2023 9 follows: (a) demurrers to 1st C/A - overruled; (b) general demurrer to the 2nd C/A - sustained, with leave to amend; and (c) demurrers to the third cause of action — overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the Personal Representatives, Surviving Heirs and/or Successors in Interest of" Dorothy Marshall, the decedent, "and/or as Admin...

Excerpt: ...e is granted. The City's demurrer is overruled. The City shall file an answer on or before April 5, 2023. The basis for this ruling is as follows. A. The First and Second Causes of Acton (Breach of Contract). The First Cause of Action seeks damages for breach of contract. The Second Cause of Action seeks damages for breach of the implied covenant of faith and fair dealing. Defendant City demurs to these causes of action on the ground that plainti...

Excerpt: ...dez does not specify the basis for his demurrer beyond citing to Code of Civil Procedure section 430.10. based on the context, however, the Court concludes that the demurrer is based on section 430.10(e), which is that the "pleading does not state facts sufficient to constitute a cause of action." In the Defamation claim, Bay Area Car Rental alleges that Hernandez made statements in a report, comments in social media and Yelp.com. (FACC 64, 65 69...

Excerpt: ...he suffered injuries falling off a wheel tractor-scraper, Model No. 637G, manufactured by Caterpillar (the "Scraper"). Plaintiffs complaint alleges a first cause of action for negligence and a second cause of achon for strict liability. Caterpillar moves for summary judgment on the complaint, or alternatively, for summary adjudication of each of the two causes of acton. Caterpillar filed a Separate Statement of Undisputed Material Facts ("Def. SS...

Excerpt: ...IAL OFFICER: CLARE MAIER HEARING DATE: 03/09/2023 (1) Breach of Partnership Agreement; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Intentional Infliction of Emotional Distress. The first two causes of action are alleged against CrossDefendant Companion Comfort Care, LLC ("Defendant CCC"), while the third cause of achon is alleged against Cross- Defendant Saadat. Cross-Defendants demurrer to the second and third cause of action ...

Excerpt: ...to strike is granted. Plaintiffs have leave to amend. Any amended complaint shall be filed and served on or before March 20, 2023. If plaintiffs opt not to amend, the defendants' time to answer will run from that date. Background Plaintiffs are tenants who have brought suit against their landlord, alleging that their landlord has neglected to repair defects in their apartment, leading to habitability issues, and that the landlord has engaged in h...

Excerpt: ...(King v. Huang), Defendant sued Plaintiff for various claims related to Defendant's tenancy. Defendant filed a first amended complaint on January 12, 2022. Defendant filed and recorded a lis pendens on the property where Defendant had been a tenant on March 15, 2022. The FAC has the following causes of action: (1) breach of contract, (2) breach of the covenant of quiet enjoyment, (3) intentional infliction of emotional distress, (4) negligence, (...

Excerpt: ...2021. The Complaint alleges that Plaintiff entered into a rental agreement (“Lease”) with Defendant wherein Plaintiff would rent real property located at 2434 Sullivan Street in San Pablo, California (“Property”). Defendant is alleged to be the owner, manager, and/or agent of the owner of the Property. Shortly after taking possession of the Property, Plaintiff noticed numerous habitability and safety issues. Accordingly, Plaintiff filed h...

Excerpt: ...quired – appearance by Zoom is acceptable. Procedural Background This matter pertains to a property dispute where Plaintiffs contend that they accrued a prescriptive easement across a portion of Defendants' property in San Ramon. It is alleged that when the two adjacent properties were built in approximately 1965, a significant portion of Plaintiffs' driveway was actually built on Defendants' property. As the Plaintiffs, and their predecessors ...