Excerpt: ...ark Brouwer, obtained the loan in that is the subject of this action in August 2007. The loan was secured by a deed of trust against her single-family residence, located at 2610 Francisco Way in El Cerrito. Plaintiff alleges GFI is a mortgage loan servicer and lender of sorts. Plaintiff alleges Defendant Gregory Funding, LLC (GFL) is the parent company of GFI. Plaintiff also alleges the two entities are the alter ego of each other. As of February...

Excerpt: ...e 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 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with...

Excerpt: ...Sharing Plan v. Ticor Title Ins. Co. (1986) 185 Cal.App.3d 1149, 1155.) Further, plaintiff has failed to allege facts showing that defendant Kensok's conduct was "despicable." (See, College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) In the opposition memorandum, plaintiff argues that the following allegations support SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING...

Excerpt: ...d for the motion materially affected the rights of the moving party. (Code Civ. Proc., § 657.) A motion for new trial may be brought to challenge a judgment, whether based upon fact or law. (Carney v. Simmonds (1957) 49 Cal.2d 84, 90.) “The right to a new trial is purely statutory, and a motion for a new trial can be granted only on one SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER H...

Excerpt: ...s alleged they purchased the residence that they and Gurpinder Kaur lived in from Gurpinder in 2006 and their purchase is reflected in a grant deed recorded in 2012. (Compl. ¶¶ 15-18.) (Because of the similarity of last names, the Court refers to some persons by their first name for clarity.) Plaintiffs alleged in 2014 Gurpinder advised them he needed to borrow money. (Compl. ¶¶ 19, 20.) He asked them to agree to convey title to 50% of the pr...

Excerpt: ...ht causes of action. Accordingly, the only remaining cause of action is for breach of oral contract against Defendant Dagen. Defendant Dagen's MSJ is directed toward this single remaining cause of action. For the following reasons, the MSJ is continued to allow time for corrected briefing of this matter. Procedural History Defendants filed their initial Motion for Summary Judgment, or in the alternative, Summary Adjudication on June 10, 2022. The...

Excerpt: ...and Yagya Shrestha, individually, and as members of Nepali Association of Northern California (“NANC”). Defendants are Ishwar Sitaula, Kailesh Thapa, Killeshwor Malla, Preetesh Karki, Rabindra Kumar Rai and NANC. The operative complaint is the First Amended Complaint filed on August 19, 2022 (“FAC”). Plaintiffs allege that NCC is a nonprofit public benefit corporation organized in 2020. (FAC, ¶ 3) They allege that NANC is a nonprofit pub...

Excerpt: ...for attorneys' fees and costs. The motion seeks an award of $40,570.60, which includes $25,508.00 in attorneys' fees, $2,634.80 in costs, a $8,927.80 lodestar multiplier, and an additional $3,500 for this motion. Defendant asks the court to deny the motion entirely, or, in the alternative, to award a reduced amount. On December 1, 2022, this Court heard argument regarding the proposed denial of Attorney's fees based on, among other issues with th...

Excerpt: ...laintiffs William Duby and Rachelle Duby entered into a written residential lease with Defendant Bradley Lewis. The single-family rental property is located at 126 Ivy Drive in Orinda. The couple lived in the property with their two children since that time until they vacated the property on December 11, 2022. Plaintiffs allege a significant mold problem existed throughout their tenancy, and Defendant was aware of the problem but failed to remedi...

Excerpt: ...murrer is sustained, with leave to amend except as to the ninth and twelfth causes of action for preliminary injunction and negligent interference with contractual SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 02/16/2023 25 relations, respectively. The Demurrer to those causes of action is sustained without leave to amend. Request for Judicial Notice Defendants' unopposed ...

Excerpt: ...Allegations of Complaint Plaintiffs are Nepali Community Center (“NCC”) and Anil Pandey and Yagya Shrestha, individually, and as members of Nepali Association of Northern California (“NANC”). Defendants are Ishwar Sitaula, Kailesh Thapa, Killeshwor Malla, Preetesh Karki, Rabindra Kumar Rai and NANC. The operative complaint is the First Amended Complaint filed on August 19, 2022 (“FAC”). Plaintiffs allege that NCC is a nonprofit public...

Excerpt: ...Z, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 02/16/2023 13 Specialized Loan Servicing, LLC's (“Defendant SLS”) demurrer to Plaintiff's Complaint. The Complaint alleges seven causes of action: violations of (1) California Civil Code § 2923.55 and (2) 2923.7; (3) Negligence; (4) Negligent Misrepresentation; (5) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”); (6)...

Excerpt: ...infliction of emotional distress and (5) declaratory relief. The complaint arises from an underlying lawsuit where Shefayee sued the Sahars (Contra Costa Court case #MSC18-01416). Miller acted as Shefayee's attorney in the underlying lawsuit. The complaint in this case was filed twice. Once on March 23, 2022 (MSC22-00746, “D18 Case”) and once on April 18, 2022 (MSC22-00737, “D36 Case”). Plaintiffs submitted the D18 case for filing by mail...

Excerpt: ...s the fourth cause of action. The Notice states that the demurrer is “made pursuant to Code of Civil Procedure Section 430.20(1) (sic) that each cause of action pleaded in the Complaint does not state facts sufficient to constitute a cause of action.” The Court notes that there is no CCP section 430.20(1), and section 430.20 pertains to filing a demurrer to an answer. Given that Defendant appears to be arguing that the cause of action “does...

Excerpt: ...) negligence, (3) intentional infliction of emotional distress, (4) fraudulent concealment, and (5) public nuisance. Also before the Court is Defendants' Motion to Strike Portions of Plaintiff's First Amended Complaint. Defendants' Demurrer is sustained without leave to amend as detailed below. Defendants' Motion to Strike is denied as moot. Summary of Allegations Plaintiff and her boyfriend checked into the Crowne Plaza Concord, located at 45 Jo...

Excerpt: ...alleging that Defendant Anderson was never served with the Summons and Complaint. For the following reasons, the Motion is denied. Plaintiff's Request for Judicial Notice is granted, California Evidence Code §452(d). Brief Procedural Timeline: April 6, 2016. Summons and Complaint filed. April 12, 2016. Defendant Imbee, Inc. served. May 23, 2016. Default entered against Imbee, Inc. July 28, 2016. Defendants Anderson and Fanlala, LLC served. Augus...

Excerpt: ... The 2019 Bylaws of Garaventa Enterprises permit amending the existing bylaws by written consent of the holders of a majority of the outstanding shares. On July 27, 2022, Louisa and Silvio amended Garaventa Enterprises' 2019 bylaws by written consent. The Bylaws were amended to (a) establish process for noticing an annual shareholder meeting in the event an annual meeting has not been held within 15 months of the last SUPERIOR COURT OF CALIFORNIA...

Excerpt: ...and Damages. Defendants filed their Answer (titled a “Reply”) to the Complaint on November 18, 2021. It appears Defendants filed a second “Reply” on January 10, 2022. Defendants filed a motion to dismiss on July 5, 2022. While that motion was pending, Defendants filed a third “Amended Answer” to the Complaint on August 1, 2022. The motion to dismiss was denied on August 30, 2022. The instant motion for summary judgment was filed on Oc...

Excerpt: .... To ensure a complete record, Defendant is ordered to submit the special motion to strike for filing no later than December 8, 2023. Plaintiff is suing Defendant for slander of title based on the filing and recording of a lis pendens in case MSC21-01312 (King v. Huang). Defendant brings this special motion to strike Plaintiff's complaint in this case. In the underlying action (King v. Huang), Defendant sued Plaintiff for various claims related t...

Excerpt: ...n August 20, 2019. On October 31, 2019, Defendant – in pro per at that time – filed a cross‐ complaint alleging eight causes of action against Plaintiff and Cross‐Defendant Michael Murphy (“Plaintiff”). Defendant's current counsel substituted in as counsel of record in December 2019. On April 23, 2021, Defendant filed a motion for leave to file a first amended cross‐complaint (FACC) to add four new causes of action and a new cross�...

Excerpt: ...A3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff alleges he discovered the vehicle had been in an accident...

Excerpt: ...rvice of the amended complaint in which to respond. Background This is a revival action brought by Plaintiff S.C. for repeated acts of childhood sexual assault committed upon her after being placed in a foster home in Vallejo in approximately 2006. (Complaint, ¶¶ 25‐26.) Plaintiff alleges she disclosed her abuse to her social worker who was then employed by Defendant Contra Costa County (“County”). Plaintiff alleges that no investigation ...

Excerpt: ...laint, filed 5/18/2021.) Defendants were the buyer's brokers for this deal. Plaintiff entered into a contract with Yu on December 14, 2018 where Plaintiff agreed to sell real property located in Hercules. Escrow was to close on January 28, 2019. (De Leon dec. ¶4.) De Leon sent Plaintiff a request of extension of time on January 21, 2019, which Plaintiff ignored. (De Leon dec. ¶7; Colbert depo. 99:15‐17) On January 25, Plaintiff requested that...

Excerpt: ...aintiff Shalini Sharma, an experienced heavy equipment operator, was severely injured when the door of a motor grader snapped out of place and struck her in the head. Plaintiff was working at an ARS construction site when the incident occurred. Defendant American Equipment Company (“AMECO”) allegedly manufactured, sold, or leased the “defective” equipment to ARS. Plaintiff also alleges NorCal Rental Group, LLC helped manufacture, supply a...

Excerpt: ...s Amended Answer to Plaintiffs' First Amended Complaint. Plaintiffs demur to Defendants fourth, fifth, thirteenth, fourteenth, sixteenth, eighteenth, twentyfourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, and thirty‐third affirmative defenses on several grounds. For the following reasons and as detailed further below, the demurrer is sustained‐in‐part and overruled‐in‐part. For those affirmative defenses that the Court sustains...

Excerpt: ...lthus, LLP. Procedural Background Plaintiffs Wanag Tahatan‐Bey, Tanya Stutson Absolute Trustee to Cestui que Trust for Blind Trust Kevin Woodruff & Tanya R. Stutson filed their initial Complaint (“Complaint”) on August 24, 2022. That Complaint named as defendants (misspellings in Complaint): Secretary of Veterans Affairs, Mellissa Robbins‐Coutts, Decorah A. Boyed, and McCarthy & Holthus, LLP Law Firm. (Complaint at p.2, 4) The Complaint i...

Excerpt: ...n B. Jones Law, Inc., (collectively, “Defendants” or “SBJLG.”) All of the entities are owned and operated by Defendant Shannon B. Jones. Plaintiff began working for the Defendant Jones Law Group on or about July 1, 2010, as a part‐time financial assistant. On or about August 9, 2010, Defendant Shannon Jones offered Plaintiff the position of controller. Over the course of her employment, Plaintiff alleges she became concerned that Ms. Jo...

Excerpt: ...RE MAIER HEARING DATE: 01/12/2023 Standard “Resolution of an anti‐SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second ste...

Excerpt: ...osecution and abuse of process. Defendant seeks to strike both causes of action pursuant to Code of Civil Procedure section 425.16. Standard “Resolution of an anti‐ SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate...

Excerpt: ...ones Law Group and Shannon B. Jones Law Group, Inc. (collectively “SBJLG”) In or about January 2010, Cross‐Defendant Christy Olson became employed with Shannon B. Jones Law Group, the predecessor to Shannon B. Jones Law Group, Inc. as a legal assistant. Ms. Olson was terminated on or about May 5, 2017. On or about July 21, 2017, Christy Olson filed a wage and hour action against SBJLG. Ms. Olson's Complaint asserts that she was not paid for...

Excerpt: ...nd Plaintiff filed the initial the 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 10, 2022. Plaintiff filed its initial opposition to the MSJ on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ an...

Excerpt: ...n Mbadike‐Obiora, MD is a family practice physician with a clinic in Concord. Plaintiff was shareholder of Defendant Central East Bay IPA Medical Group, dba Muir Medical Group IPA (Muir IPA). Defendant Kenneth Bowers is a member of the Board of Directors of Muir IPA and Defendant Ute Burness is the Chief Executive Officer of Muir IPA. On or about October 9, 2008, Plaintiff purchased a clinic in Contra Costa County from Dr. Bernard Wolf, a share...

Excerpt: ...who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a)(2).) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (CCP § 430.41(a)(1).) In particular, as part of the meet and confer process,...

Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...

Excerpt: ...ellation of the trustee's and foreclosure sale and (3) fraud and deceit and/or negligent misrepresentation pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. (The second cause of action for wrongful foreclosure is not alleged against Defendant Project Lift Up.) For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complai...

Excerpt: ...s and the managers of 400 Taylor Holdings LLC. In 2007, Bimal Patel and Matthew Sirott formed 400 Taylor Holdings LLC by adopting a preliminary Operating Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE...

Excerpt: ...und good attorney skills. Man was I wrong. After seeing the wheels come off his supposed “strategy” in a humiliating (but very predictable) crash and burn after his slow pace stretched the case timeline out unnecessarily, it became apparent that I had performed the professional equivalent of handing my teenage son the keys to a new Lamborghini. I've done a fair bit of reflection since then, and have been pondering the following: Is he the big...

Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 20 of 24 The Court will refer to this case by the last two digits of the docket number, i.e., the “18 Case.” Two other cases that generally relate to the Project are currently pending: C22‐00045 (the “45 Case”) and C22‐00227 (using the last three digits of the docket number, i.e., the “227 Case”) The defendant in the 18 Case, Divine Development Corp. LLC (“Divi...

Excerpt: ...yled as being brought against Defendant “Café Campos Altos E.E. dba Our Coffees, Inc.” (“Our Coffees”) and Does 1 through 10. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/15/2022 Page 23 of 24 Peet's retained a California registered process server to serve the summons, complaint, and accompanying documents. (Declaration of Robert D. Eassa (“Eassa Decl.”) E...

Excerpt: ...OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/08/2022 Page 3 of 16 Standard Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature...

Excerpt: ...9, 2018. She alleges defendant Charlie Paul Ramos rear‐ended her vehicle when she had slowed before making a right turn from northbound L Street onto Sycamore in Antioch. (Compl. p. 5.) Ramos filed an answer to the Complaint on September 2, 2021, alleging as his seventh affirmative defense that Plaintiff's claim is barred by the doctrine of accord and satisfaction. Plaintiff is represented by the Joseph Farzam Law Firm, and was formerly represe...

Excerpt: ...791 is granted. For the reasons set forth below, Defendant's Motion is denied. The matter is stayed pending resolution of the criminal matter currently pending in Alameda County Superior Court – Case No. 21‐ CR‐005791. Factual Summary This matter involves a personal injury action wherein Plaintiff Andrew Altamirano (“Plaintiff”) alleges that Defendant Dominic Garibaldi (“Defendant”) physically assaulted him resulting in injury to Pl...

Excerpt: ...ction, and as to Thomas Atherstone, defendant named only in the fifth cause of action, is granted. To the extent that Pawnee's pending motion also seeks entry of a default judgment against defendant Granite, that portion of the motion is denied, without prejudice to Plaintiff re‐filing the motion as a separate motion for relief which will be heard on January 11, 2023 pursuant to the Court's prior order setting the default prove‐up hearing. Pl...

Excerpt: ...ch owns an undivided 50% interest as tenant‐in‐common in a residential property located at 1670 San Luis Road in Walnut Creek. Defendant Oscar Hernandez is the owner of the remaining undivided 50% interest in the property. Plaintiff is Danelia Hernandez's daughter. Danelia and Oscar Hernandez, an unmarried couple, purchased the subject property in 1992, and held title as tenants in common. Danelia Hernandez transferred her 50% interest in the...

Excerpt: ...lement was filed. Plaintiff has now filed a motion for attorneys' fees and costs. The motion seeks an award of $40,570.60, which includes $25,508.00 in attorneys' fees, $2,634.80 in costs, a $8,927.80 lodestar multiplier, and an additional $3,500 for this motion. Defendant asks the court to deny the motion entirely, or, in the alternative, to award a reduced amount. For the following reasons, the Court denies Plaintiff's motion for attorneys' fee...

Excerpt: ...PARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 12/01/2022 purportedly sets forth three causes of action, namely: (1) Breach of Written Contract; (2) Common Counts; and (3) Declaratory Relief. Cross‐ Defendant demurs to the FACC in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendant also demurs to each of the above causes of action individually on the basis th...

Excerpt: ...t leave to amend. Demurrer to the Fifth Cause of Action (Violations of Unfair Competition Law) is overruled. Background Plaintiffs Yesenia Chavez and her family, along with six other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlordtenant habitability case. On February 24, 2017, Plaintiffs filed suit against SEKK Investments Diane LLC, current owners of the subject ...

Excerpt: ...ules on the demurrer as follows: Defendant demurs to the sole cause of action for quiet title pursuant to the Code of Civil Procedure section 430.10(e) on the grounds that the First Cause of Action does not state facts sufficient to constitute a cause of action. Defendant asserts that the first cause of action for quiet title fails as a matter of law because the deed of trust (“DOT”) does not convey possession. This is correct. A mortgage or ...

Excerpt: ...to December 1, 2022 in Department 36. Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a...

Excerpt: ...rriage and awarding both spousal and child support to plaintiff. On October 16, 2020, Colin Waugh died testate. On June 11, 2021, defendant Lynn L. Kampfen was appointed executor of his estate. (FAC, ¶13.) A probate action is currently pending in this County, Case No. P21‐00417. (FAC, ¶13.) Defendant Kampfen is also believed to be trustee of the Colin Waugh Trust dated May 29, 2015, which is the sole beneficiary of the estate. (FAC, ¶14.) Pl...

Excerpt: ..., 8, 14, 15, 16, 18, 19, and 22. It is denied as to defenses 1, 3, 6, 9, 10, 11, 12, 13, 17, 20, 21, 23 and 24. The answers filed by Yu and Martinni are nearly identical and the parties' papers in supporting of and opposing these motions are nearly identical. Martinni did not file its own opposition memorandum, but its response to the separate statement is very similar to Yu's response to the separate statement. The evidence opposing both motions...

Excerpt: ...) elder abuse – neglect, and (4) elder abuse ‐ abandonment. Defendant's demurrer to the Second Amended Complaint to the third cause of action was sustained with leave to amend. Defendants now demur to that same cause of action. Defendants' motion to strike the newly alleged fourth cause of action and request for punitive damages is addressed in the Court's ruling on Defendants' motion to strike. Defendants' Demurrer is sustained without leave...

Excerpt: ... matter pertains to a motor vehicle accident that occurred on January 15, 2022 in front of 2100 Railroad Avenue in Pittsburg, California. According to the Complaint, Defendant Arellano caused the accident when he decided to make a right turn into the Cardenas Market parking lot at the above address. “As he attempted to turn right, defendant lost control of the PRIUS, and smashed the front of the PRIUS into the driver's door of the plaintiff's H...

Excerpt: ...ry judgment or alternatively, summary adjudication as to defendants Jill Osur and Thomas Atherstone is denied. For the reasons stated, the hearing on the request for entry of a default judgment as to defendant Granite is continued to 9:00 a.m. on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 November 3, 2022, subject to further briefing and proof as set forth below. Background Pawnee is the ...

Excerpt: ..., the City of Oakland, and Alameda County as defendants in her action for a breach of duty of care for her slip and fall in front of property located in the Town. On January 6, 2022, the Town sought more time to respond to the original complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 noting that they intended to file a demurrer and had been unable to have the requisite “meet and con...

Excerpt: ...ssociation, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset‐Backed Certificates, Series 2006‐HE4's (“MLMIT Defendant”) Demurrer to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 Complaint. The Complaint alleges eight causes of action: violations of Civil Code Sections (1) 2923.5; (2) 2924(...

Excerpt: ...) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendant demurs to Plaintiff's causes of action (1), (2), (3), (6), (7), and (8) pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a...

Excerpt: ...ENT 36 HEARING DATE: 09/29/2022 17 must be filed and served by October 10, 2022. Should plaintiff elect not to amend, the time to answer will run from that date. Background In May of 2019, plaintiff worked with defendant McMorrow, who was acting as an agent for IP Investors, Inc., to refinance his existing home loans. (Complaint, ¶8; see also ¶15.) Plaintiff alleges he was wrongly induced to enter into a loan transaction (including a promissory...

Excerpt: ...ff may file and serve an amended complaint by October 10, 2022. I. Background According to the First Amended Complaint (“FAC”), plaintiff engaged defendants Reallaw, APC and Michael J. Hassen on May 15, 2018, and later engaged defendant Thomas J. Kensok on October 17, 2018, for representation in an action “against or brought by” Mojgan Kavianinejad. (FAC, 3:20‐28.) Defendants agreed to “perform legal services to resolve any and all ma...

Excerpt: ...inst Defendants. (CCP § 583.310.) This action was commenced on August 31, 2016. Defendants contend that Plaintiff was required to bring the case to trial no later than August 1, 2022. On April 29, 2020, the California Judicial Council issued Emergency Rule 10(A) which extended the five‐year statute by six months. Defendants contend that filing of the complaint on August 31, 2016, plus six months for the pandemic places the deadline on February...

Excerpt: ...a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (CCP § 473(b).) "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order...

Excerpt: ...dant's Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 2 Summary of Allegations This matter pertains to a motor vehicle accident that occurred on December 14, 2020 on the westbound side of Route 4 in Martinez, California. According to the Complaint, Defendant caused the accident by rear‐ending Plaintiff Laura Hinton (“Plaintiff”) after losing control of his vehicle. (Co...

Excerpt: ... violation of Civil Code § 2924h(g); (3) fraud; (4) violation of Civil Code § 2924f; (5) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendants demur to each cause of action of the FAC pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 4 For the follow...

Excerpt: ...nherent authority and in the interests of justice and judicial economy, on the terms set forth. The case management conference date presently set for October 3, 2022 is hereby vacated, and a case management conference is hereby set for 8:30 a.m. on April 19, 2023 in Department 36. This action shall be stayed for until the April 19, 2023 case management conference. The parties shall file case management conference statements prior to the CMC heari...

Excerpt: ...rties exchanged expert disclosures on August 30, 2021. On September 17, Plaintiff served Defendants with her Supplemental Expert Witness Disclosure Statement. On September 16, 2021, the Honorable Judge Steve Austin continued the trial date to October 11, 2022. On August 22, 2022, Defendants demanded an exchange of expert witness information and demand for production of expert writings, and disclosed an additional expert witness. Plaintiffs ask th...

Excerpt: ... without need to take judicial notice of it. Defendant's request for judicial notice is granted as to the corporate documents filed with the Secretary of State. The Court can take notice of the documents, but not the truthfulness of the contents or interpretation thereof. (StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 456, fn. 9.; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) Procedural Background Plaintiff Jeremy Pet...

Excerpt: ... Yeyeclub to file its proposed pleading, a motion to quash. Judge Austin gave Plaintiff time to conduct jurisdictional discovery. Plaintiff did not ultimately obtain any jurisdictional discovery from Yeyeclub, but Plaintiff has included new evidence with this motion that he did not include in 2018. The Court's ruling on the motion to quash includes consideration of new evidence not presented to Judge Austin in December 2018. Plaintiff claims that...

Excerpt: ...onym “Jane Doe” in place of Plaintiff's legal name. The Complaint alleges eight causes of action, each of which related to an alleged sexual assault and/or unwarranted touching of Plaintiff. Plaintiff did not seek prior approval to file the Complaint anonymously. Although the Complaint names Attunement Massage, an unknown California business entity as the Defendant, the body of the Complaint identifies Nathaniel Bangs as the person that alleg...

Excerpt: ...a “black parking lot/driveway barrier” at the exterior premises of Hartz Restaurant LLC, doing business as Almanac Restaurant, then Farmer's Almanac Restaurant, and finally Danville Harvest Restaurant at 500 Hartz Drive in Danville, California. Plaintiff worked for Danville Harvest Restaurant as a sous chef the time of the accident. After settling a workers' compensation case, plaintiff sued the owner of the property, Elwood 500 Hartz, LLC (L...

Excerpt: ...��Borrower”), executed and delivered to Meriwest a written Promissory Note and Business Loan Agreement for funds in the amount of $5,601,000.00. Borrower SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/22/2022 has defaulted on the loan. Plaintiff seeks to have a Receiver appointed to collect the rents and profits from the Subject Property. Demurrer Pursuant to Code of Civil Procedure section 430.10,...

Excerpt: ...dants first through thirty‐ninth affirmative defenses on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. The Demurrer is sustained, with leave to amend, as to the fourth, fifth, sixth, seventh, eighth, thirteenth, fourteenth, sixteenth, seventeenth, eighteenth, twenty‐fourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, twenty‐eighth, twenty‐ninth, thirtieth, thirty‐ firs...

Excerpt: ... overruled. The demurrer to the First and Second Causes of Action is sustained with leave to amend. The demurrer to the Fifth and Sixth Causes of Action is overruled. Winehaven shall file any amended complaint on or before October 20, 2022. The basis for this ruling is as follows. A. The City's Request For Judicial Notice. Winehaven's objection to the City's request for judicial notice is sustained. The hearing on a demurrer may not be turned int...

Excerpt: ...bject of this action in August 2007. As of February 2019, the loan was in default. On September 10, 2020, a Notice of Trustee's Sale was recorded. In October 2020, the property was sold to a third party. Plaintiff, through her Guardian ad Litem, alleges Defendants foreclosed on her single‐family residence located at 2610 Francisco Way in El Cerrito illegally. Plaintiff seeks damages. Motion Pursuant to Code of Civil Procedure section 438, Defen...

Excerpt: ...: (1) interference with contract, (2) interference with prospective advantage, (3) conversion, (4) statutory theft, (5) unfair competition in violation of business and professions code section 17200 (“UCL”), (6) unfair competition in violation of common law, (7) misappropriation of trade secret, (8) breach of fiduciary duty, and (9) breach of oral contract. For the following reasons, the Motion for Summary Judgment is denied. Defendants' Moti...

Excerpt: ...Motor Vehicle” against Defendants Salem Habash. Plaintiff was stopped for a pedestrian in the crosswalk on the campus of Facebook, Inc. in Menlo Park. Habash was driving a vehicle owned by Defendant Enterprise Rent‐A‐Car of San Francisco used in the Ride Share Program. Both Plaintiff and Defendant were employed as security officers by Allied Universal. Allied Universal provides security services for the numerous Facebook buildings at Menlo ...

Excerpt: ... (1) Plaintiff was never employed by Shannon B. Jones Law, Inc.; (2) Based on after‐acquired evidence, Plaintiff cannot establish her constructive discharge claim; (3) Plaintiff cannot sustain her constructive discharge claim, independent of after‐acquired evidence; and (4) Plaintiff's intentional infliction of emotional distress claim is subject to the exclusivity remedy of the Workers' Compensation Act. Defendants Shannon B. Jones Law Group...

Excerpt: ...ciated with replacing an electrical pole that was struck by a vehicle driven by defendant Sofia Mirella Madruga on June 10, 2017. (Separate Statement of Undisputed Material Fact, hereinafter “SSUMF,” Fact Nos. 1, 5, and response.) PG&E filed this action on October 1, 2020, alleging three causes of action against defendant: (1) negligence, (2) negligence per se, and (3) trespass. PG&E claimed it was entitled to “compensatory damages accordin...

Excerpt: ...(2) negligent hiring, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/08/2022 supervision & retention, and (3) elder abuse – neglect. Defendants demurrer only to the third cause of action for elder abuse – neglect. Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Allegations in the Complaint Bay Medic is a medical transport service. Since 2022, Bay Medic has reduced its fiel...

Excerpt: ...evant, false or improper matter" or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Like a demurrer, the grounds for a motion to strike must appear on the face of the pleading or be based on a matter subject to judicial notice under Evidence Code sections 450‐453. (Code Civ. Proc. § 437(a) and (b).) "A motion to strike, like a demurrer, challenges the legal sufficiency...

Excerpt: ...mation. As the Assembly Committee on Health stated in describing section 1280.15: CMIA prohibits, with exceptions, health‐care providers . . . from disclosing medical information . . .. CMIA does not address “access” which could involve an individual “snooping” at a patient's records without a healthcare related or other legally authorized purpose, but who does not disclose or otherwise use the medical information. In Regents of Univers...

Excerpt: ...h, are deficient because they (i) fail to state facts sufficient to constitute a cause of action under section 425.10(e) of the Code of Civil Procedure (“CCP”) and (ii) are uncertain under section 425.10(f) of the CCP. Plaintiffs Alexander Katz (“Alexander”) and Julia Mirman (“Mirman” (collectively, “Plaintiffs”) oppose. (The Court notes here that the decedent and Alexander share the surname Katz. Accordingly, for the sake of clar...

Excerpt: ...aintiff shall file and serve any amended complaint on or before September 22, 2022. Background Plaintiff Edgar Wilson alleges that on July 10, 2020, he was assaulted by Michael Roberts Construction, Inc.'s employee, Defendant Juan Miguel Medina, when he went to retrieve his paycheck from Defendant Michael Roberts Construction. Demurrer Pursuant to Code of Civil Procedure § 430.10(e), Defendants Michael Roberts Construction, Inc. (“MRC”) and ...

Excerpt: ...mily residence located in Orinda. Plaintiffs allege that from the time they moved into the premises, the property had issues with mold. (FAC ¶ 7.) They allege Lewis informed them of the mold, but that Plaintiffs attempted to address the mold with bleach and cleaning. (FAC ¶ 7‐10.) They allege that after the COVID‐ 19 pandemic began, the Plaintiffs suffered income loss and began to fall behind in their rent payments in May 2020 (or in late 2...

Excerpt: ...ivil), (5) intentional infliction of emotional distress, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that the TAC fails to allege facts sufficient to support a finding of foreseeability required to impose a duty on Defendant Tankersley. The Court previously continued the hearing on this matt...

Excerpt: ...ence with contract, (2) interference with prospective advantage, (3) conversion, (4) statutory theft, (5) unfair competition in violation of business and professions code section 17200 (“UCL”), (6) unfair competition in violation of common law, (7) misappropriation of trade secret, (8) breach of fiduciary duty, and (9) breach of oral contract. For the following reasons, the Motion is continued to allow time for corrected briefing of this matt...

Excerpt: ...oss‐Complaint filed 7/7/20 by H. Max and Renee Peyvan (“Peyvans”), (3) the Second Amended Cross‐ Complaint filed 8/11/20 filed by Ali Hassan and others (“Hassan”), (4) the First Amended Cross‐Complaint filed 8/4/20 filed by Inga Stiles, (“Stiles”) and (5) the Second Amended Cross‐Complaint filed 12/4/20 filed by Massoud Fanaieyan (“Fanaieyan”). (The Krabers, Peyvans, Hassan, Stiles and Fanaieyan are collectively referred t...

Excerpt: ...ic nuisance. Also before the Court is Defendant's Motion to Strike Portions of Plaintiff's Complaint. Defendants' Demurrer is sustained with leave to amend as detailed below. Defendants' Motion to Strike is granted with leave to amend. Summary of Allegations Plaintiff and her boyfriend checked into the Crowne Plaza Concord (the “Hotel”) on December 31, 2018, and were assigned to room 329. On the morning of January 1, 2019, Plaintiff awoke wit...

Excerpt: ...es. On June 9, 2022, non‐party Guidiville Rancheria of California filed opposition papers. On July 26, 2022, non‐party Upstream Point Molate, LLC filed opposition papers. In doing so, Guidiville and Upstream both purported to be making special appearances in this action. The Court finds that these opposition papers are technically improper. The Court is not aware of legal authority allowing anyone to make a special appearance in a Superior Co...

Excerpt: ...aring. On December 6, 2018, Judge Austin granted Defendant's motion to set aside the default and gave Defendant until December 13 to file the responsive pleading attached to the motion (a motion to quash). In that ruling, Judge Austin granted Plaintiff's request for discovery but “limited to only the issues of personal jurisdiction identified in [that] ruling.” Defendant filed a motion to quash on December 13, 2018. The parties then stipulate...

Excerpt: ...s Chance Davis (“Davis”), Tonique Davis, and West Contra Costa Unified School District (the “District”) on January 24, 2020. Plaintiff alleges he was assaulted by classmate Davis while a student at Dover Elementary School. Plaintiff alleges the District took no action to control Davis or to protected Plaintiff. On February 14, 2022, the court set a Case Management Conference (“CMC”) for May 16, 2022. On SUPERIOR COURT OF CALIFORNIA, C...

Excerpt: ...qued) and October 22, 2021 (Defendant Ernesto Baniqued.) Defendants filed an Answer on November 18, 2021. A further filing, captioned Reply to Financial Elderly Abuse Sum of Money Restitution of Sale and Damages, was filed by Defendants on January 1, 2022. Thereafter, on July 5, 2022, Defendants filed the instant Motion to Dismiss. Plaintiff filed her opposition on July 28, 2022. Then, on August 1, 2022 Defendants filed an amended answer. Analysi...

Excerpt: ...he Motion is denied. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression sprinkler system for their residence which they built on their property located at 2 Crane Court, Orinda, California (the "Property"). (Cross‐Def. RJN Exh. 1 [First Am. Compl. ("FAC") ¶¶ 14‐16, 81‐83].) They allege the sprinkler system leaked and caused water damage to th...

Excerpt: ... and found a 2018 Kia Stinger, VIN: KNAE15LA3J6013499 (“Vehicle”), advertised for sale as a Kia Certified Pre‐ Owned. On August 17, 2021, Plaintiff purchased the 2018 Kia Stinger from Defendant Michael C. Stead, Inc., dba Hilltop Kia in the City of Richmond. Plaintiff paid $14,500.00 as a down payment and financed the remaining balance of $19,678.90, for a total sale price of $37,845.25. After purchasing the Vehicle, Plaintiff discovered th...

Excerpt: ...y and Yagya Shrestha, individually, and as members of the Nepali Association of Northern California (“NANC”). NANC is an entity organized as a California non‐profit corporation as specified in Section 501(c)(3) of the Internal Revenue Code. The objective of NANC is to promote and preserve Nepali cultural traditions and identity by promoting Nepali cultural and social events. Defendants are Ishwar K. Situala, Kalaish Thapa, Yagya Nepal, Kill...

Excerpt: ...art LLC (collectively “Plaintiffs”) which alleges a single cause of action for Breach of Contract. For the following reasons, the Motion for Summary Judgment is granted. Factual Background The Tait Plaintiffs purchased real property located at 150 Hill Road in Danville, California (the “Property”) in June 2016. (Undisputed Material Facts (“UMF”) No. 1.) In connection with the purchase of the Property, Plaintiffs purchased an ALTA Home...

Excerpt: ...o properly meet and confer as required by California Code of Civil Procedure (“CCP”) §430.41(a).) The Parties appear to have taken that order to heart, and extensively met and conferred on the numerous issues originally raised in Defendants' demurrer. Accordingly, the Parties were able to agree on a number of issues and considerably limit the scope of the demurrer. As a result of the meet and confer, the Parties agreed to remove the followin...

Excerpt: ...ach held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% by Patel and 50% by Dr. John Ganey. Sirott and Robles owned the other 50% of 400 Taylor LLC. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. There had been a vacant suite at th...

Excerpt: ... father of Teodulo Tovar) died as a result of the accident. The accident occurred when Teodulo Tovar, JR (“Tovar”) drove off Highway 101 and into a construction area next to the highway. Tovar drove into an excavation that was part of the construction. The accident occurred at around 11 a.m. on a Saturday. At the time of the accident Tovar was an unlicensed driver. He had consumed large qualities of alcohol the night before and had consumed t...

Excerpt: ...17, 2018, she was violently struck by the parking control arm/barrier as she walked into the parking garage located at the Broadway Plaza Shopping Center in Walnut Creek. The facility was equipped with a standard parking system guarded by a barrier arm to control entry and exit points of the garage. (UMF No. 2.) Plaintiff brought this action against the manufacturer of the parking arm and the parking facility. Plaintiff filed this action for prem...

Excerpt: ...entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Complainant also demurrers to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e)), and they are uncertain (CCP §431.10(f).) For the following reasons, Cross‐Defendant's demurrer is sustained. Cross‐Complainant is granted SUPERIOR COUR...