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...

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