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