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...