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...

Excerpt: ...gligent misrepresentation is sustained without leave to amend. Allegations of the Second Amended Complaint The operative complaint is the Second Amended Complaint ("SAC") filed on November 18, 2022. Plaintiff Noble Learning Academy ("NLA") is a private school owned and operated by Plaintiffs Cassondra Hull and Mark Hull. Defendant Walnut Creek Presbyterian Church ("WCPC") is a non- profit corporation. (SAC 91-2.) Plaintiff Cassondra Hull ("Plaint...

Excerpt: ..."this policy should be applied only 'where no prejudice is shown to the adverse party.' A different result is indicated 'where inexcusable delay and probable prejudice to the opposing party' is shown." [Citations omitted.) (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) Amendment is properly denied where there has been an unreasonable delay in seeking the amendment. (Green v. Rancho Santa Margarita Mortgage Co. (1994) 28 Cal.App....

Excerpt: ...ance appraisal proceeding. The parties previously went through this process and it resulted in an award. Defendant paid Plaintiffs the full amount of their insurance limits in response to the award. However, this Court vacated the award on July 20, 2022, concluding in part that the appraisal panel's decision to include Covid-related costs in the appraisal award was beyond the appraisal panel's jurisdiction. Now, Plaintiffs seek to engage in the a...

Excerpt: ...s as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/20/2023 15 A. Citations to Evidence. The Court's revised rulings on the parties' evidentiary objections are set forth at the end of this tentative ruling below. The Court has overruled all of plaintiffs' evidentiary objections, and has sustained some but not all of the District's evidentiary objections. Where...

Excerpt: ...law. Background Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at the 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 located at 176 Riverside Drive in Bay Point. 80th properties had a downward slope in the backyard. Defendants' predecessor filled the slope and added a patio. To support the fill, Defendants' pr...

Excerpt: ...Brief Factual and Procedural Background Respondent alleges that on October 7, 2020 he went to the Pittsburg Dermatology Clinic, because he was suffering from a loss of pigment on his face. (Inital Petition at Exhibit 1 ["Troy King's Complaint Attachment"] at p.l.) Christina Berger, NP noted that the discoloration could be from the straps of the CPAP machine petitioner was using. (ld.) On March 22, 2021 Petitioner sent a message to Dr. Jamal Julia...

Excerpt: ... action on August 24, 2022. Plaintiff alleges three causes of action for violation of the California Fair Employment and Housing Act: wrongful termination, hostile work environment harassment, and failure to prevent harassment. Plaintiff alleges he was employed by The Albatross Restaurant, owned by Defendant Mehrasa Bagheri, as a server. Plaintiff alleges that Defendant terminated his employment because he is gay. Plaintiff alleges Defendant fail...

Excerpt: ...l demurrers by PSG are overruled, unless otherwise stated below as not addressed by the Court based on the rulings on the general demurrers. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/06/2023 11 General Factual Background The 3AC filed by Plaintiff Janice Alamillo ("Janice") alleges 26 causes of action against approximately 25 defendants. The defendants include Pla...

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 transaction for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendan...

Excerpt: ...ally and in their capacities as trustee of the M & K Murphy Family Trust for breach of contract and fraudulent concealment. After this lawsuit was filed, Kerry Murphy passed away and Margaret Murphy 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...

Excerpt: ...set for April 18, 2022. Plaintiff was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 02/27/2023 10 given notice in January, 2022 of Mr. Ortiz's intent to withdraw. Plaintiff has repeatedly sought to continue the matter to “find counsel” and has also failed to appear in court. Defendant now seeks to have the court expunge the lis pendens, in anticipation of the Court d...

Excerpt: ...hat: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent (*)from the client. …” (Rules of Prof'l Conduct, Rule 3.7.) The comment on Rule 3.7 explains that “[n]ot...

Excerpt: ...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 Lafayette filed a demur contesting the viability of each of the six causes of action. The demurrer was sustained as to the first three causes of act...

Excerpt: ...use of Action for Declaratory Relief. The amended complaint shall be filed and served on or before February 20, 2023. Background Plaintiff Prime Capital Investments, LLC is the owner of property commonly known as 3330 Concord Avenue in Brentwood. Defendant Mo Zhou is the owner of property commonly known as 3320 Concord Avenue in Brentwood. The two parcels of land are adjoining, and Plaintiff's parcel has no street access. Plaintiff alleges it own...

Excerpt: ...e with contract; and (6) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional interference with contract and (6) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐ in‐part and overruled‐in‐part, without leave to amend. Legal Standard “The function of a demurrer is to test the ...

Excerpt: ... for fraudulent transfer. Plaintiffs are Kelly Yates and Mark Tumminelli. Defendants are Kevin Yates and Betty Fong, DDS. Plaintiffs allege that Kevin Yates borrowed $70,000 from them to make repairs to a property prior to its sale. Plaintiffs allege that Yates sold the property at a profit and did not repay the borrowed funds. Plaintiffs allege that after they obtained a judgment for the unpaid debt, Kevin transferred some portion of the propert...

Excerpt: ...) Defendant Bay Business Credit, Inc. moves the Court for an order quashing service of the summons and complaint on the grounds that Plaintiff Commercial Door & Frame, Inc. failed to properly serve it. California law requires service on a corporation to be effected on the person designated as an agent for service of process, or the “president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant ...

Excerpt: ...mplary and punitive damages” for the third cause of action. Defendant demurs to each cause of action on the basis that the Complaint does not state facts sufficient to state a cause of action in that it fails to state a statutory basis for the County's liability. (CCP §430.10 (e)). Defendant also moves to strike the request for punitive damages as, being a public entity, it cannot be liable for punitive and/or exemplary damages pursuant to Gov...

Excerpt: ...ground SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/19/2022 9 Plaintiff Maria Gonzalez filed her complaint against Reliant Food Services, Inc. ("Reliant"), Shinja Kim, and Fernando Guerrero (collectively, "Defendants") in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code an...

Excerpt: ...udication of Issue Nos. 1, 2 and 6 is denied. Summary adjudication of Issue Nos. 3 and 5 is granted. Defendants' Issue No. 4 for adjudication is moot. Summary judgment on the complaint is denied. Relevant Factual and Procedural Background Defendants Nicole M. Evans and William F. Evans are former owners of a family residence within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes a...

Excerpt: ...sons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5950 ...

Excerpt: ...ons set forth, the demurrer is overruled. Defendant shall file her answer to the CrossComplaint by January 3, 2023. Background Plaintiffs are some of the co‐ owners of the property located at 221 Sanford Avenue, Richmond, California (the "Property") along with Defendants Tarnetta Tatum and Shenitta Singleton, who each own a 1/24th interest in the Property. Plaintiffs' Complaint seeks partition of the Property. On September 26, 2022, Tatum and S...

Excerpt: ...on, and shall submit that proposed judgment to defendant's counsel for approval as to form. Plaintiff's request for judicial notice is granted. The trial and issue conference dates are vacated. The basis for this ruling is as follows. A. Background. Plaintiff Allevity, Inc. seeks summary judgment on its claim that defendant Brickyard Landing Owner's Association, Inc. breached its contract by failing to indemnify Allevity for the costs of defendin...

Excerpt: ...l Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Property was sold to David Robb. Defendant Ronald Knarr purchased the Property in 20...

Excerpt: ...enue in Brentwood. 3330 Concord is located behind 3320 Concord, and it is landlocked. Historically, the sole means of accessing 3330 Concord has been the use of the driveway that crosses over 3320 Concord. In 2021, after litigation with Rachelle Chacon (Plaintiff's predecessor‐in‐title to 3330 Concord Avenue), Defendant granted an express easement that runs with the title to both properties. However, Plaintiff alleges that beginning in early ...

Excerpt: ...quires the Defendant to either: (a) "generally den[y] each element of the complaint..." or (b) "admit all the statements of the complaint... are true except" those specifically denied. (Answer at p.1, ¶ 3.) Steben checked Box B, stating that she admits the allegations. However, Staben also checked Box 5, stating “In denying the allegations of the Complaint above, defendants denies not only the specific numbers and amounts alleged by plaintiff,...

Excerpt: ...me" page. Shanti Elixirs is a limited liability company organized under North Carolina law and does business in Weaverville, North Carolina. (Compl. ¶ 3.) Defendant Volpe is the owner and founder of Shani Elixirs and resides in North Carolina. (Compl. ¶ 2.) Plaintiff cites two "Gofundme" pages attached as Exhibits 1 and 2 to the Complaint as the basis for his defamation suit, one of which invited support for Defendants "as we navigate the legal...

Excerpt: ...the Application is denied. The temporary restraining order is rescinded. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identified as 3506 Echo Springs Road, in Lafayette, California, abuts Briones (the “Property”). The Property was originally owned (for the purposes of the times relevant to this matter) by Mr. and Mrs. Ricketts. In 1999, the Prope...

Excerpt: ...located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin in early 2019. Defendants/Cross‐Defendants Camille Ahern, a licensed realtor, and her broker, Pacific Union International, Inc. (“PUI”), dba Compass, listed the property. Ahern also represented the buyers. On January 18, 2019, Plaintiffs hired Cross‐Defendant Specialty Home Inspections, Inc. to conduct a non‐ invasive visual inspection of the property and ...

Excerpt: ...allege to have entered into an oral agreement with Mr. Davis (deceased) in or about 1998, whereby Plaintiffs would provide full‐time caregiving and construction services to Mr. Davis's family and the family home would be left to Plaintiff upon the Davises' deaths. The Davises placed the property into the James Wilbur Davis SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: CECILIA CASTELLANOS HEARING ...

Excerpt: ...Paver Stones & Landscape, Inc., hold itself out as an expert licensed landscape contractor. On or about July 15, 2018, Plaintiffs Kevin and Erin Roth, owners of real property located at 9 Meadow Park Court in Orinda entered into a contract with Black Diamond for an extensive backyard landscape project, including retaining walls, excavation, and grading. Plaintiffs alleged that instead of doing the work, Black Diamond "subcontracted" the project o...

Excerpt: ... Stimming. The Board is investigating the care of AV, a pregnant woman, whose baby died three days after birth, due to a congenital heart defect. The investigation was based on a complaint by a treating pediatric critical care specialist, Dr. Daniel Falco. Having been properly served, Respondent has not complied with the subpoena. The authority of the Board to issue investigative subpoenas in aid of its authority to enforce its enforcement duties...

Excerpt: ...aks, LLC (SSUMF, Fact No. 1) on the one hand, and defendant, the City of Lafayette (“City”), on the other. Happy Valley Oaks, LLC is the owner of 4123 Happy Valley Road in Lafayette, California, which includes the following Assessor's Parcel Numbers: 247‐010‐0294, 247‐010‐030‐ 2, 247‐010‐033‐6, 247‐ 010‐34‐4, 247‐010‐35‐1, 247‐010‐36‐9, 247‐010‐37‐7, 247‐010‐38‐5, 247‐010‐339‐3, 247‐ 010�...

Excerpt: ...Mr. Arnold Borgen was driving home when he struck Petitioner Ryan Thibodeaux (“Petitioner”), who was apparently in the middle of the roadway, injuring him. Mr. Borgen was an off‐duty San Francisco Police Department Traffic Officer driving home from an overtime shift in his personal vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/26/2022 6 Petitioner promptly hired an attorney to represe...

Excerpt: ... of Public Property. The Complaint alleged that Plaintiff was walking on the sidewalk in front of 1060 Hensley Street in Richmond, California on September 3, 2021. “As he was walking, he tripped and fell due to a gap from missing concrete.” The Complaint names City of Richmond, County of Contra Costa, J.T. Thorpe & Son, Inc., and Hensley Property, LLC as defendants. The General Negligence and Premises Liability – Negligence claims are asser...

Excerpt: ...ction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations. Defendant demurs to Plaintiff's causes of action for (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) slander of title; (8) intentional interference with contract; and (9) enforcement of CC&R violations pursuant to Code of Civil Procedure (“CCP”) § 430.10(e...

Excerpt: ..., 2022. While plaintiff's motion for reconsideration was pending, the court entered a judgment in favor of defendants on July 20, 2022. The court lost jurisdiction to grant reconsideration once judgment was entered. (APRI Ins. Co. S.A. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) Nevertheless, the court determined it had the discretion to treat plaintiff's motion for reconsideration as a motion for new trial and the matter was continued for...

Excerpt: ...x evidentiary issues and because of complex legal issues concerning causation. The Court's preliminary assessment is that whether the motion for summary judgment should be granted is a very close call. Given the high stakes involved, the Court wishes to give both sides a full opportunity to persuade the Court that their position is correct. The Court would find supplemental briefing helpful in this regard. The parties shall file supplemental brie...

Excerpt: ... on the date of the incident, but she is already precluded from making such an argument because the court previously found that any such argument would be a ‘sham.' See … Order Denying Plaintiff's Motion to file an [sic] Amended Complaint.” (Defendant's memorandum p.2, fn.1.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/19/2022 7 In support of its motion, Defendant includes the original compl...

Excerpt: ...nville, California, on December 6, 2019. Petitioner Mustafa Ayubi, was driving for rideshare application Uber. Petitioner and his passengers, Chandima Fernando and Avanthi Bandarnaike, were injured in the accident. Other involved drivers include Antoinette Chavez‐Jesus (an Allstate insured) and Kathleen McElroy (a Nationwide insured). Petitioner and his passengers pursued bodily injury claims against Chavez‐Jesus, which resulted in a settleme...

Excerpt: ...a party is entitled to judgment as a matter of law. (Code Civ. Proc. § 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 1056, 1061; Burnett v. Chimney S...

Excerpt: ...laint This is an action for breach of lease and related torts. Plaintiff Noble Learning Academy (NLA) is a middle school owned and operated by plaintiffs Cassondra Hull and Mark Hull (the Hulls). On or about March 18, 2021, Cassondra Hull (Hull) asked defendant Walnut Creek Presbyterian Church (WCPC) whether NLA could rent space at WCPC's facility for the 2021‐2022 academic year. The parties discussed the proposal in a series of email messages ...

Excerpt: ...er, for the wrongful death of her son, Ivan Stepkin (“Stepkin”). On November 20, 2020, Stepkin was killed in a motor vehicle accident with Defendants K Double H Transportation, Inc. (“KDH”) and its driver Kendall Harlan Hisey (“Hisey”). AAS had arranged for KDH to transport a vehicle for its customer, Justin Salter (“Salter”). Plaintiff's motor vehicle cause of action alleges an agency relationship among the defendants. Plaintiff'...

Excerpt: ...ified School District to teach at Pinole Middle School (the “School”) in 2004. Uribe began to sexually groom Plaintiff during his 8th grade school year. Uribe spent an abnormally large amount of time with Plaintiff and his friends, and showed obvious favoritism toward Plaintiff. This included picking up Plaintiff from school, taking him to movies, and to get pizza, among other things. All of the actions taken by Defendant SUPERIOR COURT OF CA...

Excerpt: ...leadings are directed to the sound discretion of the court. “The court may…in its discretion, after notice to the adverse party, allow upon any terms as may be just, an amendment to any pleading…” (Code of Civ. Pro. § 473.) At any time before or after commencement of trial, the court may allow an amendment to a pleading in furtherance of justice. (Code Civ. Proc., § 576; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) “There is a...

Excerpt: ...t her in a dispute involving a neighbor's claim of access rights across her property. After a dispute arose concerning Petitioner's opinion that she was being overcharged, the Parties attended mandatory fee arbitration before the State Bar of California. An arbitration hearing was held on February 2, 2022, with a binding award (the “Award”) being issued on or about February 23, 2022. Petitioner filed the instant petition to correct or vacate ...

Excerpt: ...osition in this case, but defendant has objected, so plaintiff will need to get the identical information in this case or obtain the stipulation of defendant to withdraw defendant's objections.” The parties have stipulated to allow the use of pleadings, deposition transcripts and declarations from MSC17‐00805 (Amicus Wine Holdings v. Murphy) and MSC 18‐00898 (Verlander v. Murphy). (Plaintiff's ex. AA.) The continuance also allowed for suppl...

Excerpt: ...had a developmentally narrow spinal canal, multilevel stenosis, worse at C5‐C6, with spinal cord compression. Plaintiff also had mild left carpel tunnel syndrome. (SSUMF No. 2.) Dr. Counelis recommended a C3‐6 decompressive laminectomy with fixation/fusion at C3‐6.) On October 15, 2015, Defendant George J. Counelis, M.D. performed surgery on Plaintiff's spine. Plaintiff underwent C3‐C6 Laminectomies, Posterior Segmental Fixation, C3‐6 P...

Excerpt: ...§ 1281.4.) To be specific, plaintiff shall arbitrate all claims stated in the Third Cause of action for whistleblower retaliation under Labor Code section 1102.5. Plaintiff shall also arbitrate the claim that he was wrongfully terminated for whistleblower activities in violation of the public policy expressed in Labor Code section 1102.5, as stated in the Forth Cause of Action for wrongful termination. The Court stays all claims stated in the Fi...

Excerpt: ...een the time Defendant opened the account and when Plaintiff filed this complaint. Defendant never objected to the truth or accuracy of the billing statements. Defendant did not remit payment for $23,284.51 on the account. The facts presented in support of the motion indicate Defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Mehdi Touhidi, Custodian of Records for American Expres...

Excerpt: ...83.210, subd. (a).) The three‐year deadline is applicable to DOE defendants: A plaintiff must serve “a defendant within three years after the action is commenced against the defendant.” (§ 583.210, subd. (a).) “[A]n action is commenced at the time the complaint is filed.” (Ibid.) Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (§ 583.250, subd. (b).) The three‐year rule applies w...

Excerpt: ...rd is moot. The basis for this ruling is as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 06/13/2022 2 A. The Proposed Judgment. The Court wishes to note a threshold procedural matter. Plaintiffs have submitted a proposed “Judgment Re: Appraisal Award.” The proposed judgment is procedurally improper for two reasons. First, the appraisal award expressly provides as follows: The Panel has ma...

Excerpt: ... their proposed answer to the Complaint with a copy provided to counsel for Plaintiffs prior to or at the hearing. Background Plaintiffs allege they entered into a contract with defendant Litor Remodeling, Inc. ("Litor") to remodel their home. Defendant Asher Pilo is the President of Litor. Plaintiffs contend Litor and Pilo's remodeling work was defective and defendants misrepresented their qualifications and prior customer reviews of their work....

Excerpt: ...unless is has filed in court and trial has begun or final judgment has been entered.” (Sweeney Decl., Exhibit 1, p. 10 (Claims Resolution ‐ Initiating Arbitration)(emphasis supplied). Initially it should be noted that this language reflects that arbitration not be immediately elected by either party. Additionally, the intended election of arbitration by defendant occurs well before the limitations set forth in the agreement. Finally, the agre...

Excerpt: ...numerous billings to defendant. The defendant never objected to the truth or accuracy of the billing statements. Also, defendant did not remit payment for $16,175.34 on the account. The facts presented in support of the motion indicate defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of plaintiff's counsel, and the supporting exhibits included with it. No opposition has been filed ...

Excerpt: ...iction” doctrine “applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its review.” (Farmers Ins. Exchange v. Superior Court (1...

Excerpt: ...lity of a disputed fact is measured by the pleadings [citations], which ‘set the boundaries of the issues to be resolved at summary judgment.' [Citations.]” (Conroy v. Regents of University of California (2009) 45 Cal.4th 1244, 1250.) A plaintiff will meet its burden on summary judgment by showing that it possesses evidence to meet all the elements of its common count claims. Plaintiff's first amended complaint includes three separate causes ...

Excerpt: ...hat 364 Notice was not addressed or presented to the person designated to receive government claims by Government Code section 915 (a) and was not received by such person within six months after accrual of the cause of action, if ever. (See Gov't C. § 915 (e).) (See Material Fact Nos. 1‐17.) With the benefit of a fullydeveloped factual record, the court has reconsidered the prior rulings that this case is governed by Phillips v. Desert Hospita...

Excerpt: ...“occupant' on the premises. After the defendant did not timely file an answer, a default judgment was entered on November 1, 2021. Defendant's notice of motion and motion to set aside the default judgment, states that he became aware of the default judgment when he received a copy of the judgment in the mail at his current address in Rocklin, California (Def. Mot. p. 2, lines 15‐17). Defendant moved away from his residence in Hercules in Janu...

Excerpt: ...is demurring in her role as cross‐defendant and defendant is opposing the demurrer in her role as cross‐complainant. Plaintiff is a former employee of defendant. She sued defendant for wrongful SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 05/02/2022 5 termination on August 13, 2016. Defendant filed a Cross‐Complaint on November 15, 2016, and subsequently amended it three times. Plaintiff argues ...

Excerpt: ...rding to the terms of the local ordinance; the dog owner argues that the appeal can proceed as an appeal – with a hearing de novo – according to the terms of the state statute. (Compare Contra Costa County Ordinance No. 2020‐04, 416‐18.406 (f) (“A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622 (“If the original ...

Excerpt: ... Costa County and two of its employee physicians, Dr. Rodelo and Dr. Ras. Plaintiff had a post‐ partum tubal ligation (“PPTL”) on March 20, 2016 because she wanted no more children after she gave birth to her second child on March 18, 2016. Dr. Rodelo performed the PPTL and told plaintiff it had been successful. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 2 Believing she could not get pregnant afte...

Excerpt: ...hereinafter “Geico”) has filed another demurrer to the First Amended Complaint asserting that the Plaintiff has no claim directly against the liability insurer for the alleged injuries and damages which occurred as a result of this collision. Plaintiff objects to the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 7 As previously outlined in the court's order on the demurrer to plaintiff's orig...

Excerpt: ... to admit or deny the remaining one. (Def. Mot. Exhibit B). Defense counsel sent a meet and confer letter to plaintiff's counsel on January 6, 2022, “advising that if verified responses were not received by January 20, 2022, Plaintiff would proceed with discovery motions.” (Def. Motion Exhibit C). No verification has since been served. Defendants' motion for deeming matters admitted is misplaced. Plaintiff's service of responses before the fi...

Excerpt: ...s not adequately supported by the evidence. Background On or around March 1, 2017, plaintiff and two other entities, as “Landlord,” and defendant Umesh Kumar Sharma, DBA Pizza Amigo, as “Tenant,” entered into a lease agreement for certain retail premises in a mall. The property has been occupied or otherwise in Tenant's possession since that same month. After the property was conveyed entirely to plaintiff in December 2018, the lease was ...

Excerpt: ...essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099). Legal conclusions are insufficient. (Id. at 1098–1099; Doe at 551, fn. 5.) The Court “assume[s] the truth of the allegations in the complaint, but do[es]...

Excerpt: ...dant's Submissions To Appraisal Panel. In a letter dated September 24, 2021, the umpire noted that she had received three documents from defendant's appraiser: (1) “Mr. Halpin's Differences by Trade”; (2) “Mr. Halpin's Dispute Discussion by Trade based upon the 2018/2019 Estimates”; (3) “Mr. Halpin's eagleview area diagram.” (Defendant's Exh. 7, p. 3.) Further, defendant apparently submitted a brief to the appraisal panel on September...

Excerpt: ... Western Dental office in El Cerrito. For the following reasons, Defendant's motion is granted. Request for Judicial Notice Defendant requests judicial notice of the Complaint in this action, Plaintiff's opposition to Defendant's Demurrer dated February 2, 2021, documents filed with the Court on or before June 10, 2021, and Plaintiffs declaration dated July 20, 2021 and filed July 21, 2021. The Court grants the request, but not the truth of any r...

Excerpt: ...led to judgment as a matter of law. (Code Civ. Proc. § 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. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...

Excerpt: ...sed upon evidence gathered, in advance.” The conclusion of the motion states as follows: [3] Plaintiffs file this motion so that the Court may determine in advance which causes of action have sufficient evidentiary support to be tried before the jury. [4] Plaintiffs seek to avoid any further Motions for Judgment on the Pleadings and any Motion for Nonsuit that may be filed prior to the opening of the trial. The Court denies plaintiffs' motion b...

Excerpt: ... in Pleasant Hill. The Owners contracted for certain work and improvements on their property. Plaintiff Mel Electric Inc. provided electrical services pursuant to contract with Defendants' general contractor, Defendant Vizsla Construction. Plaintiff has not been paid for its work. The outstanding balance due is $12,299.44. Motion Pursuant to Code of Civil Procedure § 473, Donald Fletcher and Jessica Lorence, in pro per, move to set aside the ent...

Excerpt: ...led to judgment as a matter of law. (Code Civ. Proc. § 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. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...

Excerpt: ...ed. Rodda Electric's default is set aside and the underlying cross‐complaint is stricken. Code of Civil Procedure, § 428.50 states: (a) A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐ complaint. (b) Any other cross‐complaint may be filed at any time before the court has set a date for trial. ...

Excerpt: ... a two‐step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least ‘minimal merit.' [Citations.]” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1061.) On the first s...

Excerpt: ...within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part of the pleading. (Code Civ. Proc. (“CCP”) §435(b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of the pleading not dr...

Excerpt: ...ant. He filed this case after obtaining permission from the Presiding Judge. When giving Plaintiff permission to file this case, the Presiding Judge ordered Plaintiff to post a $1,000. Now, Defendant Lin seeks an order requiring Plaintiff to post an additional security in the amount of at least $100,000. This matter was originally set for hearing on November 15, 2021, but the matter was continued to February 7, 2022. The motion was served on Alva...

Excerpt: ...t; (2) fraud; (3) negligence; (4) wrongful foreclosure; (5) constructive eviction; (6) breach of the covenant of good faith and fair dealing; (7) violation of California Bus. & Prof. Code §§ 17200 et seq.; and (8) declaratory relief. Defendants demur pursuant to Code of Civil Procedure § 430.10 et seq. on the grounds that Plaintiff Scott lacks standing and that Plaintiff Eurisko fails to state facts giving rise to a cause of action. For the fo...

Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/31/22 ‐ 2 ‐ At the outset, the Court notes that there appears to be a service issue as Defendant attests in its sur‐reply that it was not served with the Declarations of Plaintiff and Thomas Cregger. (See Declaration of Craig R. Breitman in support of sur‐reply at ¶ 3.) For the following reasons, the motion is denied. Analysis A party may address a prayer for relief from a judgment, order, ...

Excerpt: ...management conference. 2‐22‐22 Mandatory settlement conference. 2‐28‐22 Hearing on defendant's summary judgment motion. 3‐30‐22 Issue conference. 4‐18‐22 Jury trial. The basis for this ruling is as follows. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 01/31/22 ‐ 4 ‐ A. The Proposed Amendments. Plaintiffs seek leave to add a new Fourth Cause of Action for inverse condemnation. This cause of acti...