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: ... 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: ...) 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: ..., 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: ...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: ...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: ...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: ...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: ...) 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: ... 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: ...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: ...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: ...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: ...��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: ...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: ...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: ... 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: ... 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: ...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: ...: (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: ...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: ...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: ...(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: ... (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: ...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: ...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: ...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: ...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...