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