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