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 The temporary restraining order is rescinded.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: ...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: ...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: ...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...