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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...