Excerpt: ... a Certified P ublic Accountancy ("CPA") firm founded in 2006. (Compl. ¶ 10.) RP alleges it hired each of the defendants as at will employees in a time frame ranging from 2006 to 2013. (Compl. ¶¶ 11 -13) The owners of RP with equity interests in the firm are Sharon Rubens , Linda Martins and Lisa Martin. (Compl. ¶¶ 1, 20.) RP alleges that it entered into negotiations with each of the defendants beginning in 2020 by which each woul...

Excerpt: ...a (th e “Property”). Prior to the purchase of the Property by Plaintiff in September 2016, Defendant KRBC, LLC “was the owner and developer of the new construction on the 15 Property,” as well as some of the surrounding area. (¶ 15.) Defendant Bradley Candau, w ho was a member of KRBC, served as the broker, KRBC's listing agent, and the authorized representative of KRBC (the seller of the Property) for the transaction. (¶ 19.) As part o...

Excerpt: ... court ordina rily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” (OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141 quoting People v. Bell (1984) 159 Cal.App.3d 323, 329.) As the U.S. Supreme Court “explain ed, ‘the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort ...

Excerpt: ...mplaint against defendants Diablo Country Club (DCC) and Diablo Community Services District (District) alleging the following causes of action: (1) Inverse Condemnation; (2) Trespass; (3) Nuisance; (4) Injunctive Relief; (5) Negligence –Government Code Section 815 .2(a); and (6) Negligence. Plaintiffs' complaint concerns damages to their home at 208 Fairway Drive in Danville, California (the "Property") arising out of a flooding event ...

Excerpt: ...n 36(a) pr ovides that if a party is over 70 years old, the party may request a trial preference "which the court shall grant if the court makes both of the following Plaintiff Castillo filed his complaint against defendant Bachman in May 2022, asserting two causes o f action arising out of a motor vehicle accident on November 19, 2019 in which Plaintiff was rearended. Plaintiff alleges he suffered personal injuries resulting from the accide...

Excerpt: ...#34; or "Moving Parties"). For the reasons set forth, the motion is granted as to all claims other that Plaintiff's "non- individual" PAGA claims, addressed below, the class claims are dismissed, and the action is stayed pending completion of the arbitration. A case manag ement conference shall be set for 8:30 a.m. on December 10, 2024, to review the status of the case and the arbitration. Background Plaintiff Iliana Reyes all...

Excerpt: ...0 north of El Cerro Boulevard in Alamo, California on February 23, 2018. (UMF 1 -2.) The accident occurred at approximately 10:00 p.m. (UMF 1.) While attempting to change lanes, Mr. Cruz collided with Plaintiff Francie Lacey -G ra n t 's vehicle. (UMF 2.) Defendant Luis C ruz was operating a pickup truck owned by his employer – Defendant Gesick Concrete, Inc. (“Gesick Concrete”) (UMF 4.) Mr. Cruz was driving the vehicle within the course an...

Excerpt: ...tion Defendant seeks summary adjudi cation as to seven separate issues related to causes of action two through six, eight through nine, and the prayer for punitive damages. For the following reasons, the MSA is granted -in -part and denied -in -part. The MSA is denied as to of Employee as Indepe ndent Contractor; (2) Failure to Indemnify and Reimburse Employees; (3) Failure to Pay Overtime Compensation; (4) Failure to Furnish Timely, Accurate and...

Excerpt: ...ground In the operative second amended complaint ("SAC"), Plaintiffs allege a single cause of action for breach of fiduciary duty defendant Jordan Yudien. (Second Am. Comp. ("2AC") 3rd C/A, ¶¶ 36 -47.) Yudien represented defendants Jerry Kilarr, now deceased, and Co nstance Kilarr in litigation with Plaintiffs the Menascos in James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior 16 Court Case No. MSC16 -0...

Excerpt: ...y judgment direc ted toward the first amended complaint. Procedural Background Plaintiff filed his Complaint on November 10, 2021. Defendant Oakwood Athletic Club, LLC (“Oakwood”) filed its Answer on January 26, 2022. Thereafter, Defendant filed its MSJ on May 5, 2023. T he MSJ was set for hearing on August 17, 2023. On July 17, 2023, the Court continued the hearing 24 25 until November 16, 2023. On November 9, 2023, the Court continued t...

Excerpt: ...care), and add additional allegations regarding certain loan distributions. Defendant Albert D. Seeno Jr. opposes the motion on several grounds including legal futility and inexcusable delay. For the following reasons, the motion is granted. The First Amended Complaint is deemed filed as of April 15, 2024. Plaintiff is directed to electronically file a new copy of the Second Amended Complaint by April 19, 2024. Analysis A trial court has discre...

Excerpt: .... (Second Am . Comp. (“SAC”) 1st C/A, ¶¶ 1-30.) Kilarr was previously a party to litigation with Plaintiffs the Menascos, specifically the case James Kenneth Menasco, et al. v. Jerry Kilarr, et al., Contra Costa Superior Court Case No. MSC16 -01460 (the "Prior Litigatio n"). The Prior Litigation was resolved by settlement. This lawsuit arises out of the settlement and other events related to the Prior Litigation. 21 After this acti...

Excerpt: ...ining c laims. Plaintiffs may amend their complaint to include a wrongful foreclosure cause of action at a later date should it become necessary. WFB shall answer the FAC no later than April 29, 2024. The Complaint This case arises out of the claim of plaintiffs Steven V. Schnier and Ana Maria D. Schnier that defendant Wells Fargo Bank, N.A. (WFB) moved forward with foreclosing on plaintiffs' residence despite their application for a loan modifi...

Excerpt: ...t moved to intervene in t he action as of the date of the hearing or within seven days of the date of the hearing, the Court will appoint a guardian ad litem for Plaintiff under Code of Civil Procedure sections 372 and 373(c) as set forth below. Background In the SAC, Plaintiff Chl oe Lauren Zebrach alleges a single cause of action for negligence against Monte Nido, a residential care facility. (SAC ¶ 2.) Plaintiff was diagnosed with bi -polar d...

Excerpt: ... cognizable claims against Reyes. Defendant's motion to strike punitive damages allegations is granted with leave to amend. Plaintiffs shall have until April 29, 2024 to file and serve a first amended complaint. If plaintiffs cannot amend their punitive damages claim again st Reyes within the time stated, they may move to amend the complaint at a later time. The Complaint Plaintiffs Pamela Cooper and Carl Kelly filed their complaint on May 10,...

Excerpt: ...eet his burden in opposition to raise a triable issue of fact. Background Plaintiff Klaus Kubler dba Klaus Kubler Construction (Kubler or plaintiff) filed this action for breach of a construction contract filed on April 27, 2022. Plaintiff alleges he is a licen sed general contractor and in July 2017 entered into a written home improvement contract with defendants James Knight and Paige Tomaselli (defendants), for the construction of improvemen...

Excerpt: ...form of judgment, separate from any order on the motion, for submission to the Court. I. Background According to the complaint filed by plaintiffs Pedro Gomez III and Brianda Gomez (collectively plaintiffs and individually referred to by first name for convenience only, no disrespect intended), on or about November 2, 2019, Pedro fell and sustained severe injuries. At the time, he was working on scaffolding at the Phillips 66 Rodeo Refinery. T...

Excerpt: ... for leave to amend Code of Civil Procedure § 473(a)(1) provides the Court discretion to permit a party to amend its pleadings. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including tria l [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) Leave to amend can be denied where there is “‘inexcusable delay and probable prejudice to the opp...

Excerpt: ...r the fol lowing reasons Construction West's petition to vacate is denied. Construction West's petition to correct is denied. One Nine's petition to confirm the arbitration award is granted. Factual Background On February 21, 2021, PLAINTIFF submitted a proposal a nd was awarded a contract (“Contract”) as a general contractor for the construction of a car wash located on the commercial properly commonly referred to as 1755 Market Street, Con...

Excerpt: ... Implie d Contract, Breach of Written Contract, and Unfair Competition causes of action on the basis that they are uncertain and fail to state a claim. (Demurrer p. 2: 5 -13.) For the following reasons, the Demurrer is sustained with leave to amend. 16 Meet and Confer Requirement Defendant satisfied its meet and confer requirement regarding their demurrer in detailing their meet and confer efforts with Plaintiff in the Declaration of Jason Julia...

Excerpt: ...pondent” or “DMV”) order of suspension. For the following reasons, Petitioner's Writ of Mandate denied. Petitioner's request for payment of attorney's fees pursuant to Government Code §800 is also denied. Factual Background On September 6, 2022, CHP Officer Fuller observe d a Mercedes Benz travelling at a high rate of speed travelling northbound on I -680. (Administrative Record (AR), p. 0018.) Officer Fuller visually estimated that the ca...

Excerpt: ...ges, the facts alleged must show fraud, oppression or malice. (Civil Code section 3294.) Subdivision (c) of the statute contains the following definitions: “(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. [P] (2) 'Oppression' means despicable conduct ...

Excerpt: ...endants' a ctions in the negligence cause of action; (2) the request for repayment of attorney fees paid to Defendant during the underlying representation in the Prayer; (3) the request for “attorney's fees pursuant to Civil Code sections 52, 52.4(a) and any other a pplicable statute,” in the Prayer; and (4) Paragraph 19, which reads: Defendant Wiener did not provide response to Jane Doe's Request to know if the attorney holds liability insur...

Excerpt: ...l Back ground According to the complaint filed by plaintiffs Pedro Gomez III and Brianda Gomez (collectively plaintiffs and individually referred to by first name for convenience only, no disrespect intended), on or about November 2, 2019, Pedro fell and sustaine d severe injuries. At the time, he was working on scaffolding at the Phillips 66 Rodeo Refinery. The scaffolding was allegedly negligently and improperly designed, constructed, assemb...

Excerpt: ...Relief; and (8) Unjust Enrichment. Defendant demurrers to each cause of action on the basis that the Complaint fails to state facts sufficient to support any of the alleged causes of action. Defendant's demurrer is overruled for the reasons set forth below. Fac tual Allegations This matter pertains to claims made by Plaintiff Raymond Lee against his former caregiver, Defendant Marniee Fabiola Sjolander. Plaintiff alleges that he was misled by Def...

Excerpt: ...r summary judgment on the negligence cause of action on the grounds that the uncontroverted expert testimony shows that plaintiff cannot establish a prima facie case of professional negligence or causation. For the following reasons, the MSJ is denied. Legal Standard Code of C ivil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause o...

Excerpt: ...met their i nitial burden to show entitlement to judgment as a matter of law, the City of Pittsburg has also shown triable issues of material fact exist that preclude summary judgment, as discussed below. Factual Background Plaintiffs entered into a written “License Agreement” with the City of Pittsburg (“City”) on August 19, 2019, pursuant to which the City would provide the location for an ice rink and plaintiffs would install and opera...

Excerpt: ...�the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action,” but this rule may be overridden by other statutory provisions and is su bject to the Court's power to transfer. (CCP § 395(a).) The Court has discretion to order that the place of trial be changed to another Superior Court of this state in several circ...

Excerpt: ...ngf ul foreclosure is denied; Summary adjudication of the fourth cause of action for financial elder abuse is denied; Summary judgment is denied. 8 Factual and Procedural Background The Court summarizes only the facts relevant to this motion. Plaintiff Dale Riggins obtained a $490,000.00 loan from World Savings Bank, FSB, with his spouse Tina Riggins as co -borrower, secured by a Deed of Trust against real property located at 613 -615 -619 South...

Excerpt: ...the age of 36 after inhaling gases from an Office Depot Cleaning Duster that was “designed, manufactured, distributed, sold, and delivered by defendants, including Shipt. (FAC, ¶1.) It is well -known and documented that the harmful gases in this duster product may be inhal ed (and often are inhaled) for a brief euphoria, an effect which leads to addiction, often with fatal consequences. (FAC, ¶¶2 -3.) Defendants knew or should have known of ...

Excerpt: ...adjudication (the “Motion”). The Motion is directed toward Defendant and Cross-Complainant John W. Elkins (“Cross-Complainant” or “Elkins”)'s Cross-Complaint for Declaratory Relief. Cross-Defendant moves for summary judgment on the grounds that there are no genuine issues of material fact as to Borrower's declaratory relief cause of action, and US Bank as Trustee is entitled to judgment as a matter of law. As a threshold issue, the Co...

Excerpt: ...ests for judicial notice must comply with Rule 3.1306(c), which provides that any party requesting judicial notice “must provide the court and each party with a copy of the material.” (Cal. R. Ct. 3.1306(c).) Defendant failed to comply with this requirement. In addition, “[o]nly relevant material is a proper subject of judicial notice, even where the Evidence Code provides in mandatory terms that matters be judicially noticed.” (Hayward A...

Excerpt: ...i
¯ has leave to amend and shall Þle and serve any amended complaint by February 15, 2024. A. Background Plainti
¯, Homeport Insurance Company, Þled this medical negligence action “for itself and as assignee of Veronica McRae […].” The First Amended Complaint (“FAC”) alleges a single cause of action for medical negligence against San Ramon Regional Medical Center (“SRRMC”), Narendra Malani, M.D. (“Malani”), and Nirja P. Shah...

Excerpt: ...d Thompson (“Plainti
¯” or “Thompson”)s First Amended Complaint for (1) violations of California Civil Code § 2923.6; (2) violations of Civil Code § 2923.7; and (3) violation of Bus. & Prof. Code § 17200, et seq. Defendant demurs to Plainti
¯s causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (g) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Stan...

Excerpt: ... and has health problems which could prejudice her interests in the litigation should preference not be granted. Defendant, Chateau Pleasant Hill dba Carlton Senior Living Pleasant Hill-Martinez (hereinafter “Carlton”), opposes the motion. Based on the evidence provided by plainti
¯, the Court Þnds that preference is warranted. The Court grants the motion and will set trial date within 120 days. Code of Civil Procedure, § 36(a) states that...

Excerpt: ...arch 4, 1972,” and their eighth cause of action for Declaratory Relief. Plainti
¯s' unopposed Request for Judicial Notice is granted. (Cal. Evid. Code § 452 (c), (d), (h).) Plainti
¯s' motion for summary adjudication is denied for the reasons set forth below. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identiÞed as 3506 Echo Springs Road, in L...

Excerpt: ...lleges a violation of Government Code sections 65587 and 65751 based on the City's failure to adopt an updated Housing Element by the statutory deadline of January 31, 2023. (Petn. "1 2, 3, 16-19,25, 26, 33-37.) Petitioner is identified in the petition as "California Housing Defense Fund" ("Cal Housing' for convenience) which Petitioner alleges is "a California nonprofit public benefit corporation and 501(c)(3) public charity." (Petn. 5.) It alle...

Excerpt: ..."Dr. Mbadikeobiora")'s Fifth Amended Complaint for (1) breach of contract (billing services agreement), (2) breach of contract (PCP agreement), (3) accounting, (4) breach of fiduciary duty, (5) aiding and abetting breach of fiduciary duty, (6) breach of implied covenant of good faith and fair dealing, (7) intentional and negligent misrepresentation, and (8) declaratory relief. Defendants demur to Plaintiff's causes of action for (2) breach of con...

Excerpt: ...ry 27, 2021, alleging one cause of action for negligence against defendant Nearon Enterprises. Nearon is the owner of a building where Plaintiff worked when she alleges she was locked in a bathroom. She asserts a claim for personal injuries she alleges she suffered trying to obtain help and escape the bathroom. Nearon filed its initial cross-complaint against Schlage Lock Company LLC for indemnity, contribution and declaratory relief on May 26, 2...

Excerpt: ...s indicated below. Factual Summary On or about September 28, 2016 Plaintiff leased two storage units from Security Public Storage — Hapvard ("SPS — Hayward"), located at 24873 Huntwood Ave., Hayward, California. (9 4, Ex. 1.) In approximately February 2019, Plaintiff began noticing rat droppings, food and candy wrappers, and dead rats within her storage units. (910-14.) Plaintiff's property stored within the units was damaged by the rodents, ...

Excerpt: ...he grounds that he is a resident of Maryland. Plaintiff opposes on the grounds that the Court has specific personal jurisdiction over Gawad. 17 For the following reasons, the motion to quash is granted. Request for Judicial Notice Plaintiff requests judicial notice of documents from the California Secretary of State, a printout from the Maryland Bar Association website, and a printout from the LinkedIn website. The request is unopposed. The reque...

Excerpt: ...atus of the Probate Proceeding and its implications for this case on or before March 11, 2024. Background Plaintiff Jnbud Dawod Hadu ("Hadu" or "Plaintiff") alleges she is the "successor in interest" of her sister Sabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Third Amended Complaint ("3AC") 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP S 377.32" in support of Plaintiff's alleged standing. Plaintiff a...

Excerpt: ...d serve a second amended complaint. 2 Background This is a legal malpractice action. Plaintiff is Security Offcers & Investigations LLC (Sol). Defendants are Bradley Kass, an Individual (Kass), The Estate of Bradley Kass and Richard Kass as Executor of the Estate of Bradley Kass (the Estate), and (4) Kass & Kass Law Offices (the Firm). Sol's malpractice claim arises from the Firm's representation SOI in an underlying trial and appeal in Dodson v....

Excerpt: ...The complaint was personally served on defendant Lisa Johnson on September25, 2023. On October 23, 2023, Johnson brought the current motion. Johnson argues the action is a SLAPP, in other words a strategic lawsuit against public participation—a suit arising from defendant's acts in furtherance of her right of petition or free speech. Johnson supports the motion with her own declaration. Johnson states plaintiff is her ex-husband and father of h...

Excerpt: ...ngs. For his breach of contract cause of action he asserts that he made an agreement with AmaWaterways on April 8, 2022, and a copy of the agreement is attached as Exhibit A to the complaint. Exhibit A is a guest invoice, and one page of an apparent several page contract. AmaWaterways asserts that Mr. Orvis is a retired attorney. AmaWaterways contends that the full contract includes a mandatory forum provision, stating that Basel, Switzerland was...

Excerpt: ... right to appear at the scheduled hearing on the motion, make oral argument, and present evidence. (Code Civ. Proc. S 391.2; Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 225.) For the reasons set forth, the Court's tentative ruling is as follows: (1) the motion is granted in part insofar as it seeks (a) an order designating Plaintiff Malaya Taylor Keys a vexatous litigant under Code of Civil Procedure section 391(b)(1), and (b) a prefiling order pro...

Excerpt: ...end the judgment to add Matrai's former spouse, Michele Uriarte, as an alter ego judgment debtor under CCP section 187.1. Brar contends that Uriarte is in possession of funds belonging Goodwood Properties which could be used to satisfy the judgment. Plaintiff applied for an order of third- 18 party examination of Uriarte to answer concerning property of the judgment debtors in her possession or control but was unable to serve Uriarte with the ord...

Excerpt: ...ended interlocutory judgment for partition, regarding a single-family residence. At the time of the interlocutory judgment, the owners of the fee simple interest in the property were Plaintiff 50% and Defendant 50%. Subsequent to the interlocutory order, Defendant Mattie B. Edwards passed away. Thereafter, Odette Crawford moved to substitute the Estate of the Decedent in place of Deceased Defendant pursuant to CCP S 377.32. The Court granted the ...

Excerpt: ...t all times relevant" she was an employee of Lyft, Inc. and "a beneficiary under an insurance policy" purchased by Lyftfrom Allstate. (Compl. '12.) She alleges an actual controversy has arisen under the insurance policy as to the rights of Plaintiff and Allstate in that she contends she is entitled to benefits under Lyft's policy based on an accident that occurred on November 7, 2021 on the 1-80 freeway. (Comp'. 3.) Standards Governing Demurrer I...

Excerpt: ...pany") to perform construction work on her home. She alleges the work was defective. She asserts in a judicial council form complaint two causes of action for negligence and breach of contract against both the Company and Jeffrey Klaus. Defendant Klaus generally demurs to both causes of acton. Standards Governing Demurrer In ruling on the demurrer, the Court must accept as true all well- pled factual allegations of the complaint, but not legal or...

Excerpt: ...lings. On or about December 16, 2018 their mother, Dolores Murray, passed away. Plaintiff, Rosemary, and their brother John were all beneficiaries in a trust created by their mother, to which virtually all her property and assets were transferred upon death. Upon Dolores' death, Rosemary became the successor trustee. One of Dolores' primary assets was a house located in San Francisco, which was transferred into the trust. After Rosemary became tr...

Excerpt: ...rovide such services. After a dispute arose between the Parties, Curia initiated arbitration related to the dispute. Curia ended up prevailing at the arbitration. Curia then moved to have the Court confirm the arbitration award. The instant motion to seal relates to portions of the motion to confirm, along with statements made in documents related to the underlying arbitration, including in the demand for arbitration and the partial final award. ...

Excerpt: ...21. Factual and Procedural Background In August 2022 following shoulder surgery, plaintiff Nancy Lowenstein was admitted to Legacy Post Acute Care, a skilled nursing facility operated by defendant Sycamore Healthcare Associates (hereinafter "Legacy"). Plaintiff alleges Legacy withheld care and failed to prevent her from developing serious pressure sores while in Legacy's care. One sore, located on plaintiff's heel, reached her bone and Achilles t...

Excerpt: ...to CCP section 473(b) are granted. Pipia's motion to quash service of the summons and cross complaint is denied. Cross Defendants shall answer the cross-complaint no later than December 15, 2023. 5 Background This is a debt collection case filed by LVNV Funding, LLC (LVNV) against Defendant Mark T. Walker on March 22, 2023. Walker answered on May 2, 2023, at which time Walker also filed a putative class acton cross-complaint against Mandarich Law...

Excerpt: ... amend, and the demurrer to the fourth cause of action is overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the surviving heir and/or dependent" of Dorothy Marshall, the decedent, "and/or as personal representative and successor in interest" of Dorothy Marshall. (FAC 2.) Plaintiff filed her original complaint on December 23, 2021. The FAC alleges three causes of action for professional medical negligence (1st...

Excerpt: ...Procedure S 391 et seq. Plaintiff opposes the motion. For the following reasons, the motion is granted with respect to declaring Plaintiff a vexatious litgant. Defendant's request that Plaintiff post a security is also granted. Plaintiff is to post a security of $11,000. This matter is stayed pending payment ofthe security or "until 10 days after the required security has been furnished and the moving defendant given written notice thereof." (Cal...

Excerpt: ...granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant or cross-defendant has met his or her ...

Excerpt: ...dants: (1) intentional interference with ex#cted inheritance; (2) financial elder abuse; (3) aiding and abetting financial elder abuse; and (4) imposition of constructive trust and accounting. Defendants demurrer to causes of action 1, 2, and 4. Meet and Confer Requirement 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...." (Cal. ...

Excerpt: ... under the pseudonym "C.W.," was a student at Kensington Elementary School in West Contra Costa Unified School District ("District"). (SAC, "11-2.) Plaintiff alleges that from approximately 1971 to 1973, plaintiff suffered the sexual assault and abuse of his special education teacher, who was employed by the District. (SAC, 919.) The acts of sexual abuse and assault took place in the classroom and at a local riding and gun club. (SAC, 919.) Plain...

Excerpt: ...inehart on June 23, 2023 are ordered vacated. Defendants shall file their answer to the complaint by no later than November 15, 2023. Plaintiff's requests for attorneys' fees and/or imposition of a penalty under Code of Civil Procedure section 473(c) are denied. Background Plaintiff Concentric Development Group, Inc. filed a complaint against defendants Exact Construction and Developers, Inc. and Ricky Rhinehart for breach of contract and convers...

Excerpt: ... defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Raymond Cordova, and the supporting exhibits included with it. No opposition has been filed by defendant. Standard A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ...

Excerpt: ...23 ("Collections Complaint"). The Collections Complaint pleads causes of action for account stated and open book account for Walker's alleged breach of a credit card agreement with LVNV's assignor, Navy Federal Credit Union ("NFCU"), in the approximate amount of $26,000. On May 2, 2023, Defendant and Crosscomplainant Mark T. Walker ("Walker") filed an unverified Class Action Cross- Complaint for Declaratory Relief and Damages against LVNV ("Cross...

Excerpt: ...act. Defendant demurs to Plaintiff's claims on several grounds. For the following reasons, the Demurrer is sustained without leave to amend. Request for Judicial Notice Defendant requests judicial notice of a settlement agreement between the parties as well as several County documents and dc„cuments from the California Department of Industrial Relations. Plaintiff objects to the request for judicial notice. With respect to the Settlement Agreem...

Excerpt: ...Should plaintiff choose not to amend, the time to answer shall run from that date. Background Plaintiff, who filed this action under the pseudonym "Jane Doe A.M.M.," is a former high school student at Richmond High School in West Contra Costa Unified School District's ("District"). (SAC, 913.) Plaintiff alleges that, during the time she attended, approximately 1979 to 1983, District employed a counselor who used his position to groom, lure, and e...

Excerpt: ... Plaintiff is unlikely to prevail on the merits of the dispute. The Motion is hereby GRANTED. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; ...

Excerpt: ...023. A hearing for the matter will take place on January 15, 2024, at 9:00 a.m. in Department 9.1. Did the Order Discharging Defendant Registrar From Liability (filed May 22, 2023) dismiss the Complaint's 14th Cause of Action in favor of the State of California defendants, particularly the Registrar of Contractors, Contractors State License Board? (See Order, p. 2, lined 6-7, "That the Fourteenth Cause of Action for Claim of Deposit Against CSLB ...

Excerpt: ...ars that a party is entitled to judgment as a matter of law. (Code Civ. Proc. S 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 cal.App.4th 1055, 1061; Burnett v. Chi...

Excerpt: ...he proof of service for the summons and complaint. She avers that she was not home on Monday, November 6, 2017, at 1:55 p.m„ but instead ata work training. Additionally, she notes that the physical description of the person served is not a description of defendant herself. According to defendant, she weighed more at the time of service than the we-ght of the individual indicated by defendant. When a motion is made on grounds that the default ju...

Excerpt: ...P S 1281.4 in light of the Court's order on May 1, 2023 6 granting Plaintiff's moton to compel insurance appraisal pursuant to Insurance Code S 2071. The insurance appraisal process under Insurance Code S 2071 is a form of arbitration and subject to the rules governing arbitration. (Louise Gardens of Encino Homeowners' Assn., Inc. v. Truck Ins. Exchange, Inc. (2WO) 82 Cal.App.4th 548, 658; Lambert v. Carneghi (2008) 158 Cal.App .4th 1120, 1131.) ...

Excerpt: ... may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Code Civ. Proc. S 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a moton for judgment on the pleadings inwlves the same type of procedures that apply to a general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.A...

Excerpt: ...ecific dollar amounts (Prayer A). Punitive Damages In order to obtain punitive damages, the facts alleged must show fraud, oppression or malice. (Civil Code section 3294.) Subdivision (c) of the statute contains the following definitions: "(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or ...

Excerpt: ...on for a protective order is granted as discussed below. The request for sanctions is granted as discussed below. Counsel for all parties required to appear. Factual Background This Moton relates to actions taken by Plaintiff's Counsel in obtaining documents from third-party Heritage Bank of Commerce ("Heritage"), which Defendants claim were unethical and done in contravention of the procedures set forth in the Code of Civil Procedure. On June 9,...

Excerpt: ...located 25 Arlene Lane, Walnut Creek, California 94595 ("the Property"). Plaintiff Bryan Kappel, Jane Kappel's son, has resided at the Property at all relevant times. On May 28, 2019, Plaintiffs filed this action against Defendant Contra Costa Sanitation District ("Central San") for Dangerous Condition of Public Property (Gov. Code 5835), Nuisance (Civ. Code S 3479, et seq.), and Inverse Condemnation (Cal. Const., Art. l, S 19), related to a sani...

Excerpt: ...ubject to any additional issues to be addressed after the hearing and after taking oral testimony, Plaintiff shall lodge a proposed order for judgment pursuant to the terms of the Settlement Agreement, consistent with Code of Civil Procedure section 664.6(a) and applicable authority which shall set forth the terms of the Settlement Agreement in full as stated in the agreement or shall incorporate and make the Settlement Agreement in full the judg...

Excerpt: ...es and costs upon the initation of the action." Plaintiff's form complaint asserted one cause of action for breach of contract. (Pl. Compl.) As part of that single cause of action, plaintiff averred: "...Defendant materially breached its obligation under the terms of the contract between the parties which it drafted, Defendant's obligation to pay all wages when due." (Pl. Compl. p. 7, Attachment BC-2.) "In accordance with this rule of statutory c...

Excerpt: ... the Court's decision was its conclusion that the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 applied to this case. Plaintiff does not address the status of arbitration in brief. Defendant states in their memorandum that "the Parties are already actively engaged and near the conclusion of arbitration with Judicate West." (Opposition p.2.) The Court previously continued this matter so that the parties could included declarations on...

Excerpt: ... the petition to invalidate Veglnvest's third party claim is denied, and judgment is granted for Veglnvest on the validity of its third party claim that it holds a superior interest in the Attached Funds, as set forth below. Defendant as the prevailing party shall file a proposed order/judgment consistent with this ruling in accordance with the Local Rules of this Court. Background Plaintiff sought and obtained an ex parte order for a right to at...

Excerpt: ...ing Agreement Dated as of April 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC2 ("Cross-Defendant" or "US Bank as Trustee")'s motion for summary judgment. For the following reasons, Cross-Defendant's Motion is granted. Brief Factual and Procedural Background This case concerns the real property located at 27 Sunset Drive, Kensington, CA 94707 (Complaint at '1 4) and a related prior lawsuit entitled John Elkins v. Provident, U.S....

Excerpt: ...s an employment discrimination case. Plaintiff Richard Van Koll, age 65, alleges he is employed by Defendant Contra Costa County as a Non-aenefitted Senior Inspector assigned to the Real Estate Fraud unit of the District Attorney's Office. Defendant alleges he was denied various promotions from 2016 to 2021 due to his age and in retaliation for taking medical leave and complaining of age discrimination. The FAC filed on January 25, 2023 asserts t...

Excerpt: ...ry McCord for breach of contract and breach of guaranty. Schafer filed a cross-complaint against both RAP and McCord for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and deceit and (4) negligent misrepresentation. RAP demurrers to each claim in the cross-complaint based on the failure to state facts sufficient to constitute a cause of action and as to the first and second causes of action ba...

Excerpt: ...ure to provide accurate itemized wage statements; (4) failure to produce employee file; (5) disability/perceived disability discrimination; (6) age discrimination; (7) work environment harassment; (8) retaliation; (9) failure to prevent harassment, discrimination, and retaliation; (10) retaliation; (11) failure to prov-de reasonable accommodation; (12) failure to engage in good faith interactive process; (13) unfair and unlawful business practice...

Excerpt: ...ection 430.10(e), the complaint does not state facts sufficient to constitute a cause of action. Plaintiff alleges that he is a dependent adult and went to John Muir for severe back pain on October 12 at 9:49 a.m. (Comp. On October 14 at 12:45 p.m., Plaintiff had an MRI and saw a neurosurgeon who confirmed a large disc herniation at Ll-2 on the MRI. The neurosurgeon immediately recognized the need for back surgery to decompress Plaintiff's cauda ...

Excerpt: ...scussion Legal Standard "The function of a demurrer is to test the suffciency 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), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity...

Excerpt: ...Relevant Procedural History Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) B...

Excerpt: ...urphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In the discussion that follows "the Murphys" includes both Kerry and Margaret Murphy, Kerry's estate and the family trust unless otherwise noted. This case involves a commission allegedly owed to...

Excerpt: ...This is a property case wherein plaintiffs gave the City easements over their land. They claim the grants were the result of fraudulent inducement by the City. The City essentially told them the easements already existed and needed to be modified. Plaintiffs deeded what they believed were modified easements, but learned in 2019 that the City had no easement rights pursuant to a settlement with a prior owner, and the City had misrepresented fts ow...

Excerpt: ...s sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, "uncertain" includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral." "Under general rules of civil procedure, an answer must contain the general or specific denial of the material allegations of the complaint controverted by the defendant and a stat...

Excerpt: ...ide at property located at 180 Riverside Drive in Bay Po-nt. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) Both properties had a downward slope in the backyard. (AMF No. 4.) Defendants' predecessor o...

Excerpt: ...time to be determined at the hearing and supplemental briefing as set forth. Background This case arises out of a boundary dispute between adjoining landowners. The parties both agree that they engaged in a mediation before a third party mediator, and that as a result of the mediation, the parties entered -nto a written settlement agreement entitled "Settlement Agreement and Mutual Release" (the "Settlement Agreement") which, pursuant to paragrap...

Excerpt: ...gilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) 80th properties had a downward slope in the backyard. (AMF No. 4.)...

Excerpt: ...l Notice ("RJN") regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549, overruled in part by Black Sky Capital, LLC v. Cobb (2019) 7 Cal.5th 156, 245.) Legal Standard The standard for granting a moton for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnettv. Chimney Sw...

Excerpt: ...r filed its own motion.) Plaintiff, Nancy Lowenstein, moves for trial preference. The motions to compel arbitration, and the joinder, are granted. All further proceedings (including the motion for trial preference and plaintiff's third cause of action against Legacy) are stayed pending the outcome of arbitration. (Code Civ. Proc., S 1281.4.) Parties are encouraged to proceed jointly with a single arbitration proceeding. The Court sets a hearing d...

Excerpt: ...icensed contractor — B&P S Code 7031; (3) breach of implied covenant to perform work in a good and competent manner — construction; (4) negligent design and construction; (5) violation of B&P Code S 7160; (5) recovery on contractor's state license bond; (7) declaratory relief; and (8) injunctive relief. All causes of action, except cause of action 6, are alleged against Cross-Defendant Monte Blanco General Construction, Inc. ("Monte Blanco")....

Excerpt: ...erra" or "defendant"), which operates drug and alcohol treatment centers. (Separate Statement of undisputed Material Fact, hereinafter "SSUMF," Fact Nos. 1-2, and plaintiff's response.) Approximately a month later, she was promoted to Interim Director of Nursing. (SSUMF, Fact No. 4, and plaintiff's response.) In that capacity, plaintiff received two disciplinary "write-ups," one for failing to regulate overtime for nursing staff and another for f...

Excerpt: ...d denied, in part, as fully explained below. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence, but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1365, 1375; Kalnoki v. First American Trustee Servicing Solu...

Excerpt: ...o amend as to all causes of action except the second, which is without leave to amend. The motion to strike is moot. Plaintiff may file and serve an amended complaint by May 4, 2023. l. Background According to the complaint, plaintiff is the rightful owner of 4022 Salem Street, Concord, CA 94521. (Complaint, 91.) Plaintiff owned the home subject to a 2005 deed of trust, which was assigned several times between 2005 and 2023, most recently to SC6 ...

Excerpt: ...n for a civil harassment restraining order. This case was originally filed as an unlawful detainer complaint on October 6, 2020. Prior to trial, Defendant vacated the property. This case was then reclassified as an ordinary civil case on January 12, 2021. Defendant filed a cross-complaint on February 23, 2021. Plaintiffs filed a first amended complaint on September 16, 2022, which included the claims at issue in this demurrer. Plaintiffs then fil...

Excerpt: ...hment / quantum meruit; (8) promissory estoppel; and (9) civil conspiracy. Defendant demurs to all Plaintiff's causes of action on several grounds pursuant to Code of Civil Procedure ("CCP") S 430.10(e) and (f). For the following reasons, the Demurrer is overruled. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A...

Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transacton for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendant...

Excerpt: ...n of Christopher J. Ohlsen is to be filed by close of business Friday, April 14, 2023. Procedural Background Plaintiff filed their initial complaint on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of...