Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

179 Results

Clear Search Parameters x
Location: Contra Costa x
Judge: Devine, John P x
2024.03.11 Motion for Summary Judgment 336
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
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...
2024.03.11 Demurrer 372
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
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...
2024.03.04 Motion to Transfer Venue 508
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.04
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...
2024.03.04 Motion for Summary Judgment 224
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.04
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...
2024.03.04 Demurrer to FAC 644
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.04
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 ...
2024.02.05 Motion for Summary Judgment, Adjudication 556
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
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...
2024.02.05 Demurrers 646
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
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...
2024.02.05 Demurrer to FAC 740
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
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...
2024.02.05 Demurrer to FAC 458
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.02.05
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...
2024.01.29 Motion for Trial Preference 264
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.29
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...
2024.01.29 Motion for Summary Adjudication 968
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.29
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...
2024.01.22 Demurrer 076
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.22
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...
2024.01.22 Petition for Writ of Mandate 305
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.22
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...
2024.01.08 Motion for Leave to File SAC 386
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.01.08
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...
2023.12.18 Motion to Transfer Venue 394
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
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, ...
2023.12.18 Motion to Quash Service of Summons 135
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
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...
2023.12.18 Demurrers to TAC 535
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
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...
2023.12.18 Demurrer to FAC 916
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.18
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....
2023.12.11 Motion to Strike Anti-SLAPP Motion to Strike 100
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
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...
2023.12.11 Motion to Dismiss or Stay Action Based on Contractual Forum 210
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
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...
2023.12.11 Motion to Designate Vexatious Litigant, Furnish Security, Request for Issuance of Prefiling Order 767
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
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...
2023.12.11 Motion to Amend Judgment 274
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
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...
2023.12.11 Motion for Relief from Amended Judgment 184
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
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 ...
2023.12.11 Demurrer 000
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.11
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...
2023.12.04 Motion to Set Aside Defaults 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.12.04
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...

179 Results

Per page

Pages