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

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

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

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

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

Excerpt: ...nd Plaintiff filed the initial the Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication (“MSJ”) on June 10, 2022. Plaintiff filed its initial opposition to the MSJ on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ an...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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