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