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: ...(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: ...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: ...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: ...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: ...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...