Excerpt: ...r M. Huerta. Progressive demurs on the grounds that Plaintiff lacks a contractual relationship with Mr. Huerta's insurer, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 07/21/2022 Progressive. Although there was no opposition, the Court now provides a substantive ruling. A. Standard on Demurrer A party against whom an answer has been filed may object by demurrer on the following grounds: (a) the answer ...

Excerpt: ...rivers and Owners of the 2006 Infiniti License Plate #7TOJ708 and VIN #5N3AA08A36N802877 (“collectively Defendants”). It seeks to have the Court determine that the settlement between Defendants and Plaintiffs Deyma Ayala, Roberto Ayala, Leonardo Mata, Laura Pineda Gomez, Sylvia Erickson, and Bren Erickson (collectively “Plaintiffs”) is made in good faith. Defendants Nissan North America, Inc. and Nissan Motor Co., Ltd.'s (“Nissan”) op...

Excerpt: ...Good Faith Settlement (the “Application”) filed in this Court by Defendants/Cross Defendants Vince E. Culpepper and Anthony M. Stranger (the “Culpepper Defendants”) seeking judicial approval of a proposed settlement with Ramon Martinez Vazquez, Pablo Torres Montiel, and Juan Carlos Mendoza Montoya (“Plaintiffs”) and a release of the Jones Defendants' crossclaims. The Application is opposed by the Jones Defendants on the grounds that t...

Excerpt: ...pose them each individually the following month. The notice stated that the depositions would take place via videoconference. Three business days before the first deposition, Defendants informed Plaintiffs that the depositions would take place in person. Plaintiffs refuse to appear in person and stated their preference for remote depositions due to COVID‐19 concerns. Plaintiffs “feel their health may be severely compromised due to possible CO...

Excerpt: ...ocedure sections 877 and 877.6. The Chatterjees are directed to prepare a proposed order on the motion consistent with this tentative ruling. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 06/30/2022 Background This action arises out of a February 7, 2017 landslide that Plaintiffs Paul Vittimberga and Lisa Zobrist allege destroyed their home in Orinda located at 62 Van Tassel Lane. (Cowperthwaite Decl. ...

Excerpt: ...egal malpractice/professional negligence, (2) breach of fiduciary duty, and (3) breach of contract. Defendants demur on the grounds that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (CCP § 430.10, subd. (e).) Defendants argue that the insufficiency of the Complaint is established by CCP section 340.6(a) which sets a statute of limitations for “action against an attorney for a wrongful act or omission . ...

Excerpt: ... plaintiff Daniel Ragaglia (“plaintiff”) alleges negligence and gross negligence based on his allegations that defendant's vehicle struck him while he was riding on his motorcycle on Highway 24 on April 22, 2019, causing significant injuries. Defendant moves the Court for an order to bifurcate this matter so that the issue of liability is tried separately from, and prior to, damages. Discussion Code of Civil Procedure § 598 permits a court t...

Excerpt: ...e (“OSC”) Hearing, (2) failure to prosecute, and (3) failure to file a responsive declaration to the Court's OSC Hearing. The motion is opposed by Defendant Food Source (“Defendant” or “Food Source”) who asserts that Plaintiff is not entitled to mandatory nor discretionary relief under CCP § 473, subdivision (b). The Motion to Set Aside Dismissal is granted pursuant to the mandatory relief provisions of CCP § 473, subdivision (b). D...

Excerpt: ...other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, brought this landlordtenant habitability case. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and the Bedbug Addendum to the leases. Plaintiffs filed the First Amended Complaint on August 12, 2021, adding the Sixth Cause of Action for Declaratory Relief. Plaintiffs seek ...

Excerpt: ...‐ninth affirmative defenses for failure to plead sufficient facts, but otherwise overruled. The motion to strike is denied, as discussed below. Defendant has leave to amend. Any amended answer shall be filed and served on or before July 5, 2022. I. Background Plaintiffs filed this action on July 6, 2021 against their niece, defendant Domonique Trotter, based on their allegations that defendant improperly influenced her grandmother (plaintiffs' ...

Excerpt: ...are not supported by the record. These representations are in pertinent part as follows: • Letter to clerk. Plaintiff claims to have sent a letter to the court clerk, but provides three different dates for the letter: March 13, March 31, and May 3, 2022. The single letter attached to the motion, which is not authenticated, is dated May 3. Because the May 3 letter would have been an ex parte communication if received, the Court would have discar...

Excerpt: ...raventa. The demurrer is overruled as to the Second and Third Causes of Action; sustained without leave to amend as to the Fourth Cause of Action. Background This case stems from a dispute between the five Garaventa siblings (Joseph, Linda, Louisa, Silvio, Jr., and Marie) regarding the management of the family company and the Garaventa Family Marital Trust. Plaintiff Joseph Garaventa alleges he was terminated as CEO of the Garaventa Entities as p...

Excerpt: ...brought this habitability case, wherein they allege Defendant SEKK Investments Diane, LLC failed to remediate multiple uninhabitable conditions. The parties reached a settlement on October 13, 2021, but Defendant has not paid the settlement amount to Plaintiffs. The Settlement and Release (“SAR”) was fully executed on January 18, 2022, when Plaintiffs' counsel signed the Agreement. Motion Pursuant Code of Civil Procedure § 664.6, Plaintiffs ...

Excerpt: ...stitute a cause of action. (CCP §430.10(e).) For the following reasons, Defendants' demurrer is overruled in part and granted in part. Plaintiff is given leave to amend consistent with this opinion. The County's request for judicial notice is granted. (Cal. Evid. Code §452(b), 453.) Standard for Demurrer “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)...

Excerpt: ... this unlimited matter with the unlawful detainer (“UD”) proceeding RS22‐0041. For the following reasons, the motion to consolidate is denied. The Court of Appeal has held as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the...

Excerpt: ...stitution as follows: § 13. Overturning erroneous judgments No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error compl...

Excerpt: ...al hearing was set for January 3, 2022 regarding Plaintiff's request to prove up damages for the default judgment. Plaintiff appeared pro per at the January 3, 2022 hearing and requested more time to set aside the default. The court continued the matter to March 21, 2022, and informed Defendant that she could file a motion to set aside default. Defendant retained counsel on January 4, 2022. Defendant filed the instant motion to set aside default ...

Excerpt: ... or before June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 05/19/2022 10, 2022. Background Plaintiff Clive Hitchens and Meghan O'Bra began living together in May of 2015 in a lease property located at 881 San Simeon Drive in Concord. In October 2017, both parties signed for a purchase loan of the San Simeon property. Title was taken in Defendant O'Bra's name only. The parties broke up in 2020 but Pl...

Excerpt: ...f stock equaling 25% of authorized shares of Plaintiff Risoftdev. Plaintiff alleges Defendants breached the agreement and conspired to retain and use Risoftdev's propriety information and trade secrets. Defendant Joel McVay was one of the senior investment partners at Chatfield and lead contact for the Risoftdev‐Chatfield business deal. Motion Pursuant to Code of Civil Procedure § 1281.2, Defendant Joel McVay moves to compel arbitration and st...

Excerpt: ...ate and time on the motion. The proof of service attached to the moving papers shows the motion pleadings were served on the other parties by overnight mail on February 23, 2022, the same date they were filed and served without a hearing date. (See Braun Decl. Exh. 1.) The hearing date assigned to the motion by the Clerk on the face of the notice of motion after it was filed is June 9, 2022. The Court file does not contain any amended notice of t...

Excerpt: ...ncern, nor any prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation.” (Solit v. Tokai Bank (1999) 68 Cal.App.4th 1435, 1448.) Further, under section 128 of the Code of Civil Procedure, the Court has inherent discretionary power to “provide for the orderly conduct of proceedings before it.” (Code Civ. Proc., § 128, subd. (a)(3); see, People v. Alvarez (1996) 14 Cal.4th 155, 209.) ...

Excerpt: ... who was injured at work on December 12, 2017 after tripping on a 2x4 that was negligently nailed to the roof he was working on. (Complaint at ¶ 5.) Plaintiff filed a workers' compensation claim pursuant to the Workers' Compensation Act of the State of California and sought benefits under the California Labor Code and applicable regulations for his injuries. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DAT...

Excerpt: ...st allege destroyed their home in Orinda. (Memo. ISO Mot. p. 2.) Defendants Steven Yee and June Yee own the property next door to the Plaintiffs' residence. (Memo ISO Mot. p. 2, ¶ 2.) They allege the defendants altered the natural flow of surface water across their properties which contributed to the landslide on Plaintiffs' property. (Memo ISO Mot. pp. 2‐3, ¶¶ 4, 5.) The Yees have filed a crosscomplaint for damages they contend their proper...

Excerpt: ...o to charity upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which could exceed $100M, the Braddock trust developed a two‐step plan to assure the estate passed to the charities. The first step was approval of certain trust modifications by the probate court. The second step involved transferring the family's interest in nine entities from one Braddock family trust (Marital Trust) to ano...

Excerpt: ... Fact (“UMF”) Nos. 9, 11, 24; Plaintiffs' Additional Fact (“PAF”) Nos. 4, 5, 6, 8, 12, 19, 21, 22, 23, 24, 25, 27, 28, 32, 33, 34, 35, 36, 44, 45, 46 47, 65, 66, 74, 75.) Protective's alternative motion for summary adjudication is granted as to the First Cause of Action (UMF 27; PAF 78, 85, 88), the non‐recoverability of Brandt attorney's fees (UMF 5, 16, 27, 30, and 31; PAF 76, 78, 85, 88), and the non ‐recoverability of punitive dam...

Excerpt: ...nate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. …[Citation.]” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) “On a motion for forum non conveniens, the defendant, as the moving party, bears the burden of proof.” (Ibid.) The ultimate question is whether the balancing of the Stang...

Excerpt: ...e following reasons, Petitioner's Writ of Mandate denied. Petitioner's request for payment of attorney's fees pursuant to Government Code §800 is also denied. Statement of Facts: On September 3, 2020, Petitioner was convicted of violating Vehicle Code §23152 (b) for driving with a blood alcohol content of .08 or more. (Suppl. Points and Authorities in Support of Petition for Writ of Mandate, Ex. C at p.2 (hereinafter “Ex. C”).) This convict...

Excerpt: ...efault judgment was entered on December 14, 2021. Heath filed this motion on March 2, 2022, arguing that service was improper. This motion is based on Code of Civil Procedures sections 418.10, 473(d) and 473.5. The motion also includes section 473(b), but the Court found it unnecessary to consider that subsection. Where there has been proper service of summons, but lack of actual notice, section 473.5 applies. “Discretionary relief based upon a...

Excerpt: ...te with examples of plaintiff filing “unmeritorious motions, pleadings, or other papers …” The Court will consider plaintiff's oral argument, take the matter under submission, and issue an order after hearing. The Court rules as follows on procedural matters: • Plaintiff's request that the hearing on this Order To Show Cause be transferred to another judge is denied. • The Court concurs with plaintiff's position that an order declaring ...

Excerpt: ...ty boundary and the ownership of a freestanding garage. After plaintiffs filed the action, parties arrived at a settlement agreement in October 2018 during mediation before Mediator Hon. Mark Eaton. As part of the settlement, defendants Jeffrey and Sharon Steinman agreed the garage was on their neighbors' side of the property line. Parties agreed that they would seek a lot line adjustment and that the Steinmans would make all efforts and pay all ...

Excerpt: ...ss, 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. As a threshold issue, the Court declines to consider the Declaration of David Yen in support of Plaintiff's ...

Excerpt: ... the Dealer advertised the vehicle as a Kia Certified Pre‐Owned and the vehicle had passed a “165 Point Inspection.” Kia America's website also provides a copy of the Kia Certified Pre‐Owned inspection sheet and it is required to accompany every certified pre‐owned Kia. Plaintiff alleges he viewed the Dealer's advertising about the vehicle and the Pre‐Owned program prior to purchasing the vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA ...

Excerpt: ...hen states that, “Any Abstract of Judgment related to the Judgment may be recorded on 12/31/2021, or any date thereafter, if Defendant has not yet paid Plaintiff the remaining balance of $200,000. In such case, Defendant will make monthly payments to Plaintiff in the amount of $1,666.66 per month, for 10 years, with no interest, beginning on August 1, 2022.” (Settlement Agreement p. 1‐2.) After 10 years of payments, Defendants will have pai...

Excerpt: ...(Code Civ. Proc., § 1281.4.) A court must order arbitration if it determines that a valid agreement to arbitrate exists. Here, such an agreement exists. This case comes before the Court on remand following a previous denial of the petition. In a published decision, Gordon v. Atria Management Co., LLC (2021) 70 Cal.App.5th 1020, 1030, the First District Court of Appeal stated: The trial court erred in concluding that Randall lacked authority to b...

Excerpt: ...eeking leave to amend to (1) name Tyler Rad Holstein (“Holstein”) as a Defendant; (2) add claims for violations of the Unruh, Ralph and Bane Act; (3) remove claims and prayers for relief that are not recoverable in a survival action; (4) include allegations of Defendant Holstein's Post Traumatic Stress Disorder (“PTSD”) and Defendant Securitas' knowledge thereof; and (5) add allegations regarding Plaintiffs' status as successors in intere...

Excerpt: ...) As used in this section, “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: … (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law … The first question before the Court is whe...

Excerpt: ...§ 3273.10, and (4) violation of Bus. & Prof. Code § 17200 et seq, the body of the Complaint alleges only two causes of action: one for violation of Civil Code § 2923.6 (labeled first cause of action) and one for violation of Bus. & Prof. Code § 17200 et seq. (labeled third cause of action). For the following reasons, Plaintiff's motion for preliminary injunction is denied. The Temporary Restraining Order issued on February 14, 2022 is dissolv...

Excerpt: ...se of action and is fatally uncertain; and, (2) the third cause of action, for injunctive relief under the Consumer Legal Remedies Act (“CLRA”), both fails to state facts sufficient to constitute a cause of action and is fatally uncertain. Introduction & Preliminary Considerations Before specifically addressing the merits of Renew's contentions, the Court first deals with some preliminary matters as a backdrop to that endeavor. First, the Cou...

Excerpt: ...section 226. The 12th cause of action seeks “waiting time penalties” (relief afforded employees who are not timely paid wages due and owing) under Labor Code sections 201 and 203. As Defendants observe, these causes of action are “derivative” in that the damages allegedly owing under sections 226 and 203 result from other alleged conduct—here, the failure to pay Stephens for meal and rest breaks (that alleged conduct is separately the b...

Excerpt: ...efendants together. (CCP §430.10 (f).) Any amended complaint shall be filed and served on or before April 7, 2022. If plaintiff amends again, the Court anticipates that it will make a final ruling on the validity of the Second Cause of Action on the next demurrer, without further leave to amend. In the event of any further demurrer, plaintiff shall file a redlined copy of the amended complaint, so the Court can track the changes The Court denies...

Excerpt: ...RisoftDev CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/24/22 ‐ 2 ‐ in return for 2,500,000 shares of stock equaling 25% of authorized shares of Plaintiff RisoftDev. Plaintiff alleges Defendants Chatfield and McVay breached the agreement and conspired to retain and use RisoftDev's propriety information and trade secrets. Defendant Joel McVay was one of the senior investment partners at Chatfield and lead con...

Excerpt: ...to Code of Civil Procedure sections 430.10(e) and (f) as uncertain because the Complaint's Exhibit B contradict the Complaint's allegations and fail to allege facts to support Plaintiff's own performance; (2) Second Cause of Action for Conversion pursuant to Code of Civil Procedure sections 430.10(e) and (f) for failure to state a cause of action because the Complaint's Exhibit B states that title to the products does not transfer to the Plaintif...

Excerpt: ...G DATE: 03/24/22 ‐ 13 ‐ Any amended complaint shall be filed and served on or before April 4, 2022. Background Plaintiff purchased a 2014 Ford Escape on September 4, 2013, which had a large variety of defects "at the time of purchase, or within one‐year [sic] thereafter," which substantially impair the use, value, or safety of the Escape. (Complaint, ¶¶8, 10, 33.) In connection with the purchase, plaintiff received an express written warr...

Excerpt: ...r to the TAC, the Court issued an Order after Hearing (the “Order”), sustaining the demurrer without leave to amend. Plaintiff now moves for a new trial. While such a motion is ordinarily made only after a trial of an issue of fact to the court or a jury, it may also be filed after the court has tried a pure CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/24/22 ‐ 31 ‐ issue of law by sustaining a challenge...

Excerpt: ... should not be sanctioned. Plaintiff's ex parte application to seal the proceedings was granted on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a year later in April 2021.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/17/22 ‐ 21 ‐ In its application to seal the proceedings, Plaintif...

Excerpt: ...units owned by Mr. Luecker and by Robert J. Mann, now deceased. (3AC ¶¶ 1, 5, 7.) Plaintiff alleges he is the personal representative of the estate of Robert J. Mann. (3AC ¶ A p. 5.) Based on the 3AC and Exhibit A attached, Robert J. Mann was granted a joint tenancy interest in Unit #63 of the condominium development. (3AC ¶¶ 1, 8, Exh. A.) As relevant to Mr. Luecker's demurrer, the original complaint was filed in the name of "Estate of Robe...

Excerpt: ... that defendants were guilty of ‘oppression, fraud, and malice' simply pleaded a claim for punitive damages in the language of the statute authorizing such damages. . . . Pleading in the language of the statute is not objectionable when sufficient facts are alleged to support the allegation.”)) Whether a plaintiff has a basis to request punitive damages in an action for elder abuse turns on whether the she has pleaded enough facts to support ...

Excerpt: ...s International shall prepare the order after hearing on this demurrer. Fire Wings Concord The Court previously overruled the demurrer to cause of action three against Fire Wings Concord (“Concord”.) The first amended cross‐complaint made no substantive changes to the third cause of action. Concord has again demurred to the third cause of action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/17/22 ‐ 6 �...

Excerpt: ...s for violation of the Homeowner Bill of Rights (“HBOR”). Plaintiff has adequately alleged the HBOR violation of conducting a trustee's sale while a complete application for a loan modification was pending. (Complaint, ¶¶ 12‐24, 26‐29, and 34. See Valbuena v. Ocwen Loan Servicing, LLC (2015) 237 Cal.App.4th 1267, 1275 [a plaintiff adequately alleged an HBOR cause of action by alleging that a complete application was pending at the time ...

Excerpt: ...Plaintiff's motion is denied in full. The basis for this ruling is as follows. A. Consolidation. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/10/22 ‐ 42 ‐ The Court of Appeal has held in pertinent part as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending [1] may stay the ...

Excerpt: ...ce with the applicable Local Rules and procedures. In the event the Tentative Ruling is contested, the hearing on the motion shall be conducted on March 17, 2022 at 9:00 a.m. By Monday, March 14, 2022, the Plaintiffs and the Defendants shall file with the Court and serve on the other parties supplemental briefs, no longer than 10 pages doublespaced, to focus the oral argument and assist the Court in following the parties' arguments at the hearing...

Excerpt: ...ream TV entered into an Omnibus Agreement whereby the secured creditors, SLS and Hawk, would accept delivery of Stream TV's assets in satisfaction of its debts. The assets would be transferred NewCo, which later identified as SeeCubic, Inc. While Stream TV and SeeCubic were arguing over the right to Stream TV's assets, Plaintiff was tasked by Stream TV board member, Shad Stastney (current Executive Chairman of SeeCubic's board of directors) to sa...

Excerpt: ... They allege that on January 7, 2018, a metal framed glass section of the fireplace located in the family room of their home at 835 Meander Court, Walnut CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/10/22 ‐ 2 ‐ Creek, California detached and fell onto the left leg of Sidney Waters who was seated nearby. (SSUMF, No. 3 and response.) From 2012 to 2018, plaintiffs used the fireplace approximately two to three ...

Excerpt: ... is otherwise denied. Background Plaintiffs allege Defendant Camille Kimball decided to intoxicate herself with heroin and alcohol for several hours. She then drove in the wrong direction on I‐ 680 northbound. At 3:47 a.m., her vehicle came in contact with the vehicle driven by Nettie Darlene Perkett. Taurean Dorotae Lee was a passenger in Perkett's vehicle. Perkett and Lee died of the injuries resulting from the collision. Motion Pursuant to C...

Excerpt: ...) prepared a proposal for plaintiff's insured homeowner to remodel a hall bathroom. (See Ex. A to Declaration of Daniel Trowbridge in Support of Motion, hereinafter, “Complaint,” ¶11.) Pursuant to the proposal, Paul Davis was to replace the "toilet supply," install a customer provided toilet and seat, and "[f]urnish and install new wax ring and water supply hose." (Complaint, ¶11.) The proposal was accepted. On November 1, 2010, the insured...

Excerpt: .... (Defendant claims Plaintiff misidentifies the model. It was a Honda HR‐V, but the specific model is of no import to the motion.) Plaintiff Knight suffered severe and permanent injuries, including paralysis. Plaintiff claims the 2017 Honda CR‐V was in a defective condition because it was not equipped with a Forward Collision Warning System and the vehicle was not equipped with Honda's Collision Mitigation Braking System available on earlier ...

Excerpt: ...losed illegally. She seeks to rescind the foreclosure sale and/or judgment in the amount in $1,455,000. Motion Pursuant to Code of Civil Procedure § 128.7, Defendant Gregory Funding, Inc. moves for an award of sanctions, including non‐monetary issue and terminating sanctions, and attorneys' fees and costs incurred in defending this action in the amount of $20,816.00 against Plaintiff Helen Park Brouwer, her Guardian ad Litem, Chang Gon Lee, an...

Excerpt: ...or Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medical expenses, and general damages. She further alleges defendants were speeding. About a month after plaintiff filed suit, on February 11, 2021, defendant Garcia settled with plaintiff for defendant's policy limits in the amount of $30,000 in re...

Excerpt: ...mplaint shall be filed and served on or before March 10, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/17/22 ‐ 2 ‐ Background This lawsuit involves the Braddock family estate. The family intended the sizeable fortune, amassed during the lives of Robert C. and Lois Braddock, to go to charity upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which ...

Excerpt: ...in May 2020 after a spinal injury, which left her paralyzed and bedridden. Plaintiff physical limitations restricted her ability to carry out normal activities. She was dependent on the facility's staff for all activities of daily living, including personal hygiene, continence care, transferring and repositioning in bed, and transferring to a wheelchair. She also depended on the staff for eating, drinking, and medication management. At the time o...

Excerpt: ...R COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/10/22 ‐ 15 ‐ drove too close to Petitioner's vehicle, swerved in front and back of Petitioner and flashed a blinding spotlight on him. Petitioner filed a government claim with the City of Lafayette and the Lafayette Police Department on November 3, 2020. The claim was rejected on November 13, 2020. Contra Costa County provides policing for the City of Lafayette and Petitioner filed ...

Excerpt: ...g this motion. Plaintiff's counsel Takano previously worked for Cross‐Defendant Pacific Union. It is undisputed that Takano worked for The Shannon B. Jones Law Group from 2003 to 2014 and represented Pacific Union during her time at that firm. Pacific Union has not given written consent for Takano to represent Plaintiff in this case. There is no evidence that Plaintiff's counsel Takano represented Kelly Crawford in any capacity. Therefore, Kell...

Excerpt: ...poration, operating in Moraga. Plaintiff alleges this is a case of breach of a fundraising contract and conspiracy to divert corporate opportunities as well as theft of confidential, proprietary and trade secret information, which Defendants diverted to their own purposes. Motion Pursuant to Code of Civil Procedure § 525 et seq. and the terms of the NDAs, Plaintiff RisoftDev, Inc. brings this motion for an injunction order to secure corporate IP...

Excerpt: ...sed premises. Venturi entered into a Contract on February 2, 2018 with Wilson General Contracting, Inc. to perform this work. The work was never completed, and Venturi never opened the tap house. Smok N' Bones filed this lawsuit to recover unpaid rent, and Venturi filed a Cross‐Complaint for damages back against Smok ‘N Bones, as well as against Wilson and Venturi's realtor, Weiner. At issue on this motion is the only action in the SACC direc...

Excerpt: ...se of action and for uncertainty: (1) negligence / negligence per se, (2) violations of the Richmond Rent Ordinance, (5) violation of the Richmond Relocation Ordinance, (7) violation of Civil Code 1940.2 and (8) violation of Civil Code 1942.5. Allegations Plaintiff alleges that she rented a “studio apartment” located in the garage for the main property on August 1, 2017 from the Defendants. (Comp. ¶13.) Plaintiff alleges that the unit is sub...

Excerpt: ... the decedents' car head‐on, killing them both. Subpoenas: Plaintiffs issued subpoenas to (1) American Medical Response, Inc.; (2) John Muir Medical Center‐Walnut Creek (MR); (3) John Muir Medical Center (Bills); and (4) John Muir Medical Center (Films) requesting the medical radiological, and billing records of Defendant. Defendant objects to the subpoenas as overbroad. Discussion: The parties brought this dispute to a court‐appointed Disc...

Excerpt: ...portions of those paragraphs plaintiff sought to strike, and the court was prepared to deny the motion because it appeared to be directed at full paragraphs when only portions of the paragraphs were objectionable and because it was not apparent to the new judicial officer in charge of this case exactly what words in each paragraph allegedly violated the Protective Order, as clarified by Judge Austin's ruling on the Motion for Reconsideration of t...

Excerpt: ...compelling Plaintiff RDS Capital Group, LLC (“Plaintiff” or “RDS”) to submit all its claims to arbitration. Defendants move pursuant to the Federal Arbitration Act as well as California Code of Civil Procedure § 1281 et seq. Plaintiff opposes the motion. For the reasons discussed further below, the motion is granted and the instant case is stayed pending the outcome of the arbitration. Legal Standard Code of Civil Procedure § 1281.2 cre...

Excerpt: ...e located at 2610 Francisco Way in El Cerrito. Plaintiff alleges Defendants foreclosed illegally. She seeks to rescind the foreclosure sale and/or judgment in the amount in $1,455,000. Motion On November 23, 2021, Plaintiff filed a Notice of Motion and Motion for Judgment on the Pleadings, pursuant to Code of Civil Procedure § 438. Plaintiff argues she is entitled to judgment on the pleadings for a determination of liability as a matter of law o...

Excerpt: ...n for judgment on the pleadings instead. (See CCP § 438 (f)(2).) The parties should work out their disagreement regarding electronic service of papers in this action. The court encourages plaintiff's counsel to agree to electronic service. In any event, the court will not overrule the demurrer based on that procedural defect, given that plaintiff has filed a full and timely opposition on the merits. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORN...

Excerpt: ...l C. Stead, Inc., dba Hilltop Kia in the City of Richmond (“Dealer”). After purchasing the vehicle, Plaintiff discovered several defects with the vehicle, including problems with the windshield wipers, engine and cabin air filters, and passenger seat. Plaintiff also alleges he discovered the vehicle had been in an accident and damaged. Plaintiff alleges Dealer and Kia America refuse to repurchase the vehicle. Demurrer Defendant Kia America, I...

Excerpt: ...iff contracted Covid and suffers from residual symptoms (“long haul Covid”). Plaintiff provided medical documentation and requested disability accommodations, which Defendant allegedly refused. On or about July 26, 2021, Defendant terminated Plaintiff. Plaintiff filed this action for disability discrimination, Labor Code violations, and a violation of Business & Professions Code § 17200. Motion Pursuant to the Federal Arbitration Act, 9 U.S....

Excerpt: ... Plaintiff was traveling eastbound on Parr Boulevard, and defendant Ussery southbound on Richmond Parkway. Plaintiff was in the process of turning left to go northbound on Richmond Parkway on a green light, when Ussery broadsided her at approximately 50 mph. She alleges that the light in Ussery's direction turned red long before he entered the intersection, and that he hit her at full speed while illegally passing a long line of stopped cars; the...

Excerpt: ... battery (civil), (5) intentional infliction of emotional CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 01/20/22 ‐ 10 ‐ distress, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant moves for judgment on the pleadings pursuant to Code of Civil Procedure (“CCP”) § 438 on the grounds that the Defendant did not owe Plaintiff a duty. As a thres...

Excerpt: ... reside or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlord‐tenant habitability case. The parties have reached an impasse in settlement negotiations. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and the Bedbug Addendum to the leases. Plaintiffs filed the First Amended Complaint on August 12, 2021, adding the Sixth Cause of Action for Decl...

Excerpt: ...ub was open and incurring the obligation to pay dues and both operational and capital assessments. (Complaint, ¶ 8, 10, 15.) In January 2016, he gave his membership back to the Club without compensation in exchange for becoming a Senior Non‐Equity Member, with limited golfing privileges, in exchange for the promise that his dues would be one‐half that of Regular Equity Members and that he would be liable for only one‐half of operational as...

Excerpt: ...) 25 Cal.4th 826, 850.) If the defendant meets its initial burden, the burden shifts to the plaintiff to establish, through admissible evidence, that one or more material facts is disputed or that the defendant is not entitled to judgment as a matter of law. (See Aguilar, supra.) The admissible evidence that may be considered on a motion for summary judgment includes “affidavits, declarations, admissions, answers to interrogatories, [and] depos...

Excerpt: ...nd (2) Responses to Requests for Production of Documents and for sanctions. Defendant has attached verified responses to Plaintiff's Requests for Production of Documents, Set One, and Form Interrogatories‐General, Set One. Defendant‘s Opposition entirely omits any reference to the portion of Plaintiff's motion which asks the court to deem Admissions 1‐10 admitted. Based on the facts below, the motion is denied as to the Requests for Product...

Excerpt: ...iv. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Plaintiff has met its burden on summary judgment by showing that it has evidence to meet all elements of its common counts claim. “An account s...

Excerpt: ...t 9 Meadow Park Court in Orinda. Defendant Black Diamond Paver Stones & Landscape, Inc. (referred herein as “Black Diamond” or “BD”) is co‐owned by Defendants Roger Van Alst and Tiffany Van Alst. Black Diamond advertises it is a licensed contractor. Defendant Roger Van Alst has a C‐27 landscape contractor's license and is the Responsible Managing Employee (RME) and/or Responsible Managing Officer for Black Diamond. (Complaint, ¶¶ 12...

Excerpt: ...or the past 10 years, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films” (“x‐ ray discovery”) In April of 2021, Plaintiff objected to the subpoenas as overbroad. Defendant withdrew the subpoenas and reissued them in October, 2021 with similar language, but adding that the above‐quoted request was limited to “head, neck, and back” injuries or treatment for “10 years prior to 8/23/2019...

Excerpt: ...Mullen acquired property, 2210 Hoffman Lane, Byron, California, from Hogge. After plaintiff acquired the property, Hogge took portions of a solar system for installation at his new residence. Plaintiff then executed a release in favor of Hogge on April 15, 2015 in exchange for $10,800. The release states, in relevant part, that “McMullen […] hereby release[s] Bryan Hogge […] of and from all Obligations in respect to repairs agreed to at 221...

Excerpt: ...te a cause of action against Cross‐Defendants. The amended cross‐complaint shall be filed and served on or before January 4, 2022. Background Plaintiffs Ryan and Gabriela Power, husband and wife, purchased their residential property located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin. Cross‐Defendant Camille Ahern, a licensed real estate salesperson, negotiated the listing agreement with the Griffins for the ma...

Excerpt: ...e: an initial fall in the Produce Department; a second fall while by the checkout stand; and a third fall when a Safeway employee that responded to the second fall left plaintiff's presence without taking precautions to ensure plaintiff did not fall again. Plaintiff's cause of action is not for damages for spoliation of evidence. California does not allow a cause of action for either intentional or negligent spoliation of evidence. (See Cedars‐...

Excerpt: ...ed the property in 2014, marketed it, and secured buyers, Michael and Dina DiVincent. The DiVincents made at least one offer to defendant on terms that explicitly included the property's solar system. However, since the DiVincents needed seller financing, which defendant could not provide, defendant transferred the property to Mr. McMullen in order to make the sale. (SAC, ¶¶5‐6.) Incident to that transaction, on January 6, 2015, defendant sen...

Excerpt: ...ow truck. His employer having been hired by property owner, defendant Gray 1 Forest Green, LLC, to tow away a cargo container as part of a nuisance abatement project, plaintiff and his truck were “commandeered” by officers from the City of Richmond to perform additional tasks while there. The officers told plaintiff he could use the wench and tow straps on the tow truck to pull down a shed structure. After pulling down the shed led to his bei...

Excerpt: ...l arbitration relying on the arbitration clause in the contract between Plaintiffs and the seller. Plaintiffs' objection to Defendant's exhibit 2 is sustained. Defendant's attorney has not provided a foundation for authenticating the sales contract. However, the objection does not change the outcome here as a party seeking to compel arbitration need only provide the terms of the arbitration agreement in compliance with California Rules of Court, ...

Excerpt: ...(Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Plaintiff has met its burden on summary judgment by showing that it has evidence to meet all elements of its common count claims. “An ac...

Excerpt: ...ebruary 27, 2018. Plaintiff's evidence fails to raise any triable issue of material fact. Accordingly, the motion is granted. Background This is a fraud case arising from plaintiff's relatives forging her signature to obtain life insurance proceeds. The forged signature was notarized by Meurer on February 27, 2012. The life insurance proceeds were paid on March 29, 2012. Plaintiff learned about the forgery when she received a 1099 form related to...

Excerpt: ...aint for (1) cancellation of instruments and (2) declaratory relief. The MJOP is opposed by Defendant and CrossComplainant John W. Elkins (“Defendant” or “Elkins”). Defendant is in pro per. As a threshold issue, the Court notes that it never reached the merits of the Plaintiff's prior motion for judgment on the pleadings, as it was rendered moot by the filing of Defendant's Amended Answer. This is the first hearing on the merits of Plaint...

Excerpt: ..."Defendants"). For the reasons set forth, the motion is granted, and the action is stayed pending completion of the arbitration. Factual Background Plaintiff Elizabeth Hernandez alleges she was employed by AAA Insurance as a customer service representative beginning in 2005. (Compl. ¶ 13.) Hernandez declares that in the facts of growing dysfunction between the insurance company and the club operations, the company underwent a corporate reorganiz...

Excerpt: ...rlying credit lines and loaned additional funds to the borrowers and then-owners of the property, permitting a cloud on title when plaintiffs purchased the property. As discussed below, plaintiffs' have failed to shift the burden to Wells Fargo and, accordingly, their motion is denied. For the same underlying reasons, Wells Fargo's motion for summary judgment is granted. I. Factual Background Plaintiffs, Ying Huang and Koon Huat Low, are the curr...

Excerpt: ...efendant Copello shall file its answer to the Complaint by October 14, 2021. The Court in its discretion declines Plaintiff's request for attorneys' fees and costs. Factual Background Plaintiff Commercial Lighting Industries, Inc. ("CLI") filed suit against Copello and two other defendants arising out of goods, services, and labor furnished in connection with a real property improvement project for St. Paul's Commons Residential located in Walnut...

Excerpt: ... Brentwood, and the other plaintiffs suffered alleged injuries flowing from that. Before the Court is a motion for summary judgment CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 09/27/21 ‐ 10 ‐ (“MSJ”) filed by defendant City of Brentwood (“City”). The MSJ is opposed by the plaintiffs (“Plaintiffs”) in this matter. The MSJ first argues that Plaintiffs cannot maintain a cause of action against the Ci...

Excerpt: ...l notice of the existence and contents of the Exhibit A attached to the Request. The complaint alleges that plaintiff and defendant were romantically involved for many years and had a child together. Defendant alone held title to their first home, although plaintiff, a contractor, spent considerable time making improvements to the home, resulting in an increase in its value. When defendant sold that home and was going to buy another, plaintiff as...

Excerpt: ...n. (Code Civ. Proc., § 437c, subd. (a).) That burden can be met if the plaintiff ‘has proved each element of the cause of action entitling the party to judgment on that cause of action.' (Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire ...

Excerpt: ...minated Wood's services. Then one of the co‐owners of the winery, the Murphys, bought out the other, the Verlanders. Wood was paid a fee on that transaction. A short time later, the Murphys sold most of the Winery to a third party, Amicus, for a substantially higher price than served as the basis for the Verlander buyout. In essence, Wood claims that the ultimate sale of the winery was manipulated to avoid paying it a larger commission. In a se...

Excerpt: ...25 Kingsley Drive in Pittsburg. Plaintiffs allege that throughout the tenancy, there were several substantial habitability defects in the subject premises, including a rodent infestation and defective plumbing. Defendants Terrance Thompson, Donna Thompson, and Antoinette Thompson owned, controlled and/or managed the unit. Plaintiffs allege a number of causes of action, including breach of the implied warranty of habitability, breach of quiet enjo...

Excerpt: ...(Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.' ” (S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Plaintiff has met its burden on summary judgment by showing that it has evidence to meet all elements of its common count claims. “An ac...

Excerpt: ... now seeks summary judgment that Plaintiff is entitled to a partition. Although the Court normally decides these issues on a motion for an interlocutory judgment, which allows the Court to decide contested issues of fact, summary judgment can be used to obtain an interlocutory judgment in a partition action in appropriate cases. (See, e.g. LEG Investments v. Boxler (2010) 183 Cal.App.4th 484.) “First, an interlocutory judgment in a partition ac...