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: ...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: ... 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: ...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: ...) 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...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: ...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: ..."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: ...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: ...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...