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