Excerpt: ...e sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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