Excerpt: ...en business tort relate d cause of actions. For the following reasons, the Demurrer is sustained as to the Breach of Contract Against Gary Johnson, and Violation of Business and Professions Code §§ 17200 et seq. causes of action and overruled as to the remaining causes of actio n. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their Demurrer in detailing their meet and confer efforts with Plaintiff...

Excerpt: ...ideo confer ence with the party who filed the pleading that is subject to the demurrer….” (Cal. Code Civ. Proc. § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (Cal. Code Civ. Proc. § 430. 41(a)(1).) The demurring party shall file and serve a declaration stating that either: “(A) The means by which the demurring party met and conferred with the party who...

Excerpt: ... Medic al Group, Inc.'s motion to compel arbitration and stay proceedings is continued for further proceedings. Plaintiff sued Defendants for various employment related claims. Defendants filed this motion to compel arbitration arguing that Plaintiff agreed to arbitrate her disputes during her onboarding process. (Both sides treat the two defendants, Laseraway Holdings, LLC and Laseraway Medical Group, Inc., as one entity for purposes of the arb...

Excerpt: ...3) Negligent Infliction of Emotional Distress. Defendant demurrers to the second and third causes of action. Overview of Complaint Plaintiff Daryl Merritt is the son -in -law of Defendant Andrea Merritt. (¶ 1.) Defendant is litigating a dissolution of marriage from Plaintiff's father – Ronald Merritt. (¶ 8.) Plaintiff alleges that the reason for the separation was Defendant's erratic behavior and acts of domestic violence against his father....

Excerpt: ...the proje ct is inconsistent with the City's Municipal Code and General Plan, that the City violated the Housing Accountability Act (Gov. Code § 65589.5, or “HAA”), and that the City violated the California Environmental Quality Act (Public Resources Code § 21000 et seq., “CEQA”). CAMPAD's Petition for Writ of Mandate and Declaratory Relief is denied. I. Background This consolidated matter involves a proposed development project at a pr...

Excerpt: ...�) Motion To Compel Plaintiff Vincent Garrett's claims to binding arbitration and stay the stay the state court proceedings pending arbitration. The Motion relates to Plaintiff's Complaint for (1) Violations of the Consumers Legal Remedies Act, Civil Code § 1750; (2) V iolation of the Automobile Sales Finance Act, Civil Code § 2981; (3) Violation of Penal Code § 496; (4) Fraud and Deceit; (5) Negligent Misrepresentation; (6) Violation of the R...

Excerpt: ...Cal.4th 919, 924, fn. 1.) General Allegations of the Complaint The Complaint in this matter alleges causes of action for negligence, premises liability, and wrongful death. On February 12, 2022, Llaneth Chavez and her daughter Malya Goyal visited Malya's father – De fendant Charu Goyal – at his home located at 16 E. Ridge Court in Danville (the “Property”). (¶2 -4.) It is alleged that the Property had a swimming pool. (¶5.) The swimming...

Excerpt: ...ation t hat he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a letter to Plaintiff on July 11, 2023. Defense counsel heard nothing from Plaintiff until he received a copy of the request for default in the mail around August 21, 2023. On August 22, 2023, Defendant attempted to file an answer that was rejected by the court because default had been entered. Defendant moves to set aside the defa...

Excerpt: ...does, review document s in its own file without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the “Property”). The Sellers of the Property purchased the Property and performed improvements thereon, which were completed by March 2018. (¶ 16.) On or about March 7, 2018, Plaintiffs p...

Excerpt: ...ENT 18 JUDICI AL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 their first amended complaint is granted but the Court does not "deem" the first amended complaint filed. Rather, Plaintiffs shall file their First Amended Complaint with the Court and serve the amended pleading on Defendant's counsel by April 22, 2024 Background This case involves a dispute between parents and their daughter/step - daughter over the parties'...

Excerpt: ...injur ed while skating at a skatepark owned by the City on February 5, 2021. Plaintiff was born in 1987 and thus, was over 12 years old when the accident occurred. (Roark depo. 6:17 -18.) The City is a public entity and owns and maintains the skatepark. (Helfenbe rger ¶2.) The skatepark has a bowl structure for people to skate. (Helfenberger ¶3.) In the center of the lowest part of the bowl is a drain. (Helfenberger ¶3.) According to the City'...

Excerpt: ...e agreed u pon SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 forum. For the reasons set forth, the motion is granted as to Plaintiff's second, third, fourth, and sevent h cause of actions asserted against Defendant Garda, and the sixth cause of action against Defendants Garda and Poppy Bank in the FAC; further, this action shall be stayed pending the outc...

Excerpt: ...ment a nd settlement agreement on the grounds that “the judgment was entered into in the absence of a trial on the merits and as the result of fraud in the inducement, surprise, mistake, inadvertence and excusable neglect and as to the fraudulent acts of Defendan t, including tax evasion, serving to void the transaction based upon the extrinsic fraud of the Defendants.” The Court has carefully reviewed the papers submitted by Plaintiff in sup...

Excerpt: ... 2023 she, as tenant, entered into a written agreement with defendant Starwood Enterprises, LLC (Starwood), as landlord, to rent the premises located at 1907 Hoffman Boulevard in Richmond. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMEN T 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/12/2024 (Complaint, ¶ 9.) Plaintiff alleges the premises suffers from substantial habitability defects, including “rodents/ins...

Excerpt: ...relevant h istory of this action, Plaintiff filed his complaint on October 7, 2020 alleging causes of action against Defendants Vinnie's Bar & Grill and David Marcos Perez for (1) battery, (2) false imprisonment, (3) negligent hiring, retention and supervision, (4) n egligence and (5) violation of the Bane Act (Civ. Code § 52.1). At the first Case Management Conference (CMC) on February 24, 2021, Plaintiff's counsel did not appear, and an Orde...

Excerpt: ... barred by the applicable statute of limitations is subject to a general demurrer for failure to state of cause of action. (SLPR, L.L.C. v. San Diego Unified Port Dist. (2020) 49 Cal.App.5th 284, 306.) A demurrer may be sustained based upon the statute of limitations only when the facts alleged in the complaint or matters which the judge took judicial notice clearly establish that the cause of action is barred. (Mitchell v. State of Dep't of Pub...

Excerpt: ... of motion to strike the whole or any part of the pleading. (Code Civ. Proc. (“CCP”) § 435(b)(1); Cal. Rules of Court, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/15/2024 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 ple...

Excerpt: ... causes of action for 1) prof essional medical negligence and 2) loss of consortium. Defendants' Request for Judicial Notice of Plaintiffs' Complaint is granted. As discussed herein, the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DAN IELLE K DOUGLAS HEARING DATE: 03/15/2024 Court overrules Plaintiffs' objections to the Declaration of Cynthia Goodman, MD and sustains in part Defendants' objection...

Excerpt: ...defaul t was entered on August 21, 2023. On September18, 2023, Defendant filed her motion to set aside. Defense counsel states in his declaration that he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a lette r to Plaintiff on July 11, 2023. Defense counsel heard nothing from Plaintiff until he received a copy of the request for default in the mail around August 21, 2023. On August 22, 2023, ...

Excerpt: ...024 a ny factual allegations that could cure the defects in this cause of action, leave to amend is not granted. County's notice of motion was defective because it requests judgment on the pleadings as to the first cause of action for negligence and as to a non -existent fourth cause of action for “negligent hiring, retention and/or supervision.” County argues the Court should excuse the defect and dispose of all causes of action against it ...

Excerpt: ...Evalua tion of the parties' allocation of settlement proceeds is committed to the sound discretion of the trial court in the good faith settlement approval process. The court may rely on its own expertise and the opinions of experts in reaching a determination of the good or bad faith of a settlement. However, the court may not be able to do more than simply make a best estimate, and any challenge to the agreement's assigned value should ...

Excerpt: ...”) §473( b). Code of Civil Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, ot...

Excerpt: ...olye r purchased the Property with Defendants Gershon Luria and Irit Sanger Luria in 2011. At some point in time, the Parties' relationship devolved and Plaintiffs decided they did not want to continue to co -own the Property with Defendants. Plaintiffs filed t heir initial Verified Complaint for Partition of Real Property on March 7, 2016. On March 25, 2016, Defendants filed a separate action (MSC16 -00579) which involved issues related to th...

Excerpt: ...uit in May 2023, alleging nine causes of action against Hagar, including Breach of Contract (C/A 1), Breach of the Implied Covenant of Good Faith and Fair Dealing (C/A 2), Conversion (C/A 3), Financial Elder Abuse (C/A 4 and 5), Fraud (C/A 6 and 7), Negligent Mis representation (C/A 8 and 9). Hadar answered the complaint in July 2023. Hagar then filed a separate unlawful detainer action in October of 2023 (MS23 -0864). In the UD complaint, Hagar...

Excerpt: ...ew Dau ghters as individual defendants, add a cause of action for intentional tort against them, and to seek punitive damages against Martina Animal Rescue and the individual board members. Defendant Martina Animal Rescue opposes the motion on several grounds inc luding inadequate counsel declaration and substantive challenges to the proposed causes of action against Laura Plunkett and Matthew Daughters. For the following reasons, the motion is g...

Excerpt: ...eclarato ry relief; and (7) temporary restraining order, preliminary injunction, and permanent injunction. Defendants demur to Plaintiff's entire Complaint and each cause of action for each cause of action therein for failure to allege sufficient facts to state a claim, demur to the fraudulent concealment and interference with existing contracts causes of action for uncertainty, and demur to the declaratory relief cause of action for alleging voi...

Excerpt: ...a Spears , Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “Beneficiaries”), in a Wills and Trust case filed in Contra Costa County (Case no. P21 -00824). (¶ 5.) The matter pertained to a Trust established by the parents/gra ndparents of the Beneficiaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the Beneficiaries SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY...

Excerpt: ...d part and denied in part. Weed shall answer the FAXC no later than March 8, 2024. Background Plaintiff Weed and Defendant Mendes are former law partners of Mendes Weed, LLP whose relationship deteriorated. In or around September 19, 2022, the parties began negotiating regarding the dissolution of the firm. For approximately two months, the parties negotiated an agreement to wind up the law partnership. These negotiations culminated in an agreem...

Excerpt: ... inform gift of public funds, that it does not state sufficient facts to constitute a cause of action (CCP § 430.10(e)), and that is it is uncertain (CCP § 430.10(e)). For the following reasons, the Demurrer is sustained SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/23/2024 without leave to amend. Joinder by Contra Costa County The Court grants Defendant Contra...

Excerpt: ...ng a doubles tennis match. At some point during a match, “Defendant struck a tennis ball directly SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 at the Plainti
¯'s head, when the Plainti
¯ was standing in front of the Defendant, in clear view of the Defendant, hitting Plainti
¯ directly in the right ear at a high velocity.” Plainti
¯ alleges that �...

Excerpt: ...oad in Contra Costa County, California (“Haddad Property”). Defendants are Monroe RE, LLC Road Monroe Operations, LLC (“Monroe Defendants”) and the California Department of Social Services. Monroe RE, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 LLC owns the real property at 5530 Johnston Rd. (“Monroe Property”) on which the Monroe Defendants...

Excerpt: ...ed as to the second cause of action. Because this is the Þrst challenge to the complaint, and because it appears plainti
¯ may be able to plead the requisite facts, plainti
¯ has leave to amend and shall Þle and serve any amended complaint by February 20, 2024. A. Background Plainti
¯, Sweet Adeline, Inc., is a franchisee operating a Wingstop restaurant. (SAC, ¶8.) On or about March 17, 2022, plainti
¯ and defendants, TastyWings Inc. and W...

Excerpt: ...o amend. Discussion Legal Standard “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/09/2024 Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is su
¯icient if it alleges ultimate rather than evidentiary facts” (Doe v. City of L...

Excerpt: ... who move to set aside a stipulated judgment between Je
¯ Mini and others who are the plainti
¯s in a complaint in intervention (“Intervenors”) and defendant U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgages Trust 2007-2 Mortgage Pass-Through CertiÞcates, Series 2007-2 (“US Bank”) entered by the Court on November 3, 2023. The motion is supported by a memorandum of points and authorities and a request for j...

Excerpt: ...murrer p. 1: 25-26.) For the following reasons, the demurrer is overruled. Meet and Confer Requirement Defendant satisÞed his meet and confer requirement regarding their demurrer in detailing their meet and conger e
¯orts with Plainti
¯'s counsel in the Declaration of James J. Astuno Jr. Defendant's counsel detailed their communications with Plainti
¯'s counsel from November 3 through November 7, 2023, mentioning exchanges of e-mail and phone...

Excerpt: ...ing uncertain, ambiguous and unintelligible, and for failure to allege sufficient facts to state a claim. (Code Civ. Proc. SS 430.10(e) and 430.10(f).) For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants satisfy their meet and confer requirement regarding their demurrer in detailing their efforts in reaching out to Plaintiff's counsel on September 15, 2023, by email and September 29, 20...

Excerpt: ...mended complaint by February 5, 2024. Defendant's time to answer shall run from that date. l. Requests for Judicial Notice In support of both the demurrer and moton to strike, defendant requests judicial notice of the February 24, 2021, Proposed Statement of Dec:ision in the underlying suit. The request is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/26...

Excerpt: ..., 1390.) "In 'public' or business property, liability has been allowed when there is something foreseeably dangerous about the nature of activity conducted on the property or the property itself which fixes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/19/2024 on the landowner the duty to take some sort of precaution." (Eric J. v. Betty M. (1999) 76 Cal.App.4th 7...

Excerpt: ..., (h).) Defendant's demurrer is sustained, without leave to amend. Summary of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the "Property"). In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice ("RJN"), Ex. A.) In October 2004, Plaintiff obtained a home equity line of cred...

Excerpt: ...), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel 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.) A complaint must be "liberally construed" and a demurrer "overruled if any cause of acton is stated by the plaintiff." (A...

Excerpt: ...anufactured by Defendant Zero Motorcycles, Inc. (the "Motorcycle"). The form complaint alleges a cause of action for Products Liability— broken down into three counts: (1) strict liability — based on (i) manufacturing defect, (ii) design defect, and (iii) warning defect; (2) negligence; and (3) breach of warranty — implied and express written. The Complaint alleges that Defendant designed and manufactured the Motorcycle, and that it was bei...

Excerpt: ...t Bell, Defendant Moreno began to make sexual remarks towards Plaintiff. This escalated to the point where, on December 10, 2022, Defendant Moreno physically assaulted Plaintiff and told her he wanted to have sex with her—on Bell grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/29/2023 on or about December 11, 2022, Plaintiff attended a meeting, accompani...

Excerpt: ... adjudication of the second affirmative defense to the cross complaint is treated as a moton for judgment on the pleadings and granted with leave to amend. Summary judgment is denied. Background This is an action for breach of contract arising from a home equity line of credit extended to Stephenses by National City Bank and secured by a second position Deed of Trust to their former residence at 2418 Santa Cruz Court, Byron, CA 94514. (undisputed...

Excerpt: ...4U and Defendant Jeffery Lee Klaus (collectively, "Defendants"). Plaintiffs also seek to dismiss a settled party, Defendant Suretec Insurance Company, and the Ninth Cause of Acton for Recovery of Contractor's Bond. Defendants oppose the motion on several grounds: delay, prejudice, failure to state a cause of action, statute of limitations, and substantive challenges to the cause of action for fraud. For the following reasons, the motion is grante...

Excerpt: ...oster care system when he was abused at facility (Tahoe Turning Point) where he was placed by the County as his legal custodian. (Compl. Intro„ 2, 3.) He alleges that between 1998 and 2000 when he was in foster care at the facility, a staff member of the facility sexually abused him multiple times. (Compl. 25-27.) He alleges that the defendants knew or should have known about the perpetrator's unfitness for his position and his sexual misconduc...

Excerpt: ... without the need for taking judicial notice thereof. Factual Allegations This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the "Property"). The operative Second Amended Complaint (SAC) was filed on July 18, 2023. It sets forth two causes of action against the Moving Defendants: SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18...

Excerpt: ..., brought by Plaintiff against Defendant Complete Solar, Inc. ("Complete" or "Defendant"). Complete is in the business of installing solar systems on residential and business buildings. In November 2020, GNR and Complete entered into a contract wherein GNR would sell solar energy systems to consumers on behalf of Complete in return for a commission paid to GNR for each system sold. In other words, GNR would do the groundwork for the sale, and Com...

Excerpt: ...each of the covenant of good faith and fair dealing. This resulted in a jury award of damages which was later reduced in the Final Judgment. The jury awarded $5,000 in punitive damages. Judge Baskin issued a statement of decision on September 7, 2022 and entered Final Judgment on September 16, 2022. The Judgment mandated the sale of the real property underlying parties' dispute unless plaintiff could buy out the defendants. It also let stand an a...

Excerpt: ... are suing their homeowners insurance carrier defendant USAA General Indemnity Company ("USAA and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring after they made a claim under Plaintiffs' homeowners' policy in 2016. (3AC 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA over the replacement flooring installed based on that insur...

Excerpt: ...n January 5, 2024. The Complaint The complaint is six pages long and asserts two causes of action: for breach of an oral contract and for unjust enrichment. Plaintiff Orison alleges as follows. In 2011, Orison and Palecek entered into an oral agreement (the "Agreement") providing that Orison would serve as Palecek's independent sales representative to promote the sale of its products and solicit orders from customers and potential customers in a ...

Excerpt: ... notice. (Donabedian v. Mercury Ins. Co. (2004) 115 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Courts (1984) 153 Cal.App.3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) The only issue a demurrer is concerned with is whether the complaint, as it stands, states a caus...

Excerpt: ...r defendant USAA General Indemnity Company ("USAA") and defendant Masters Distribution, Inc. dba Masters Wholesale ("MDI") for failure to properly install replacement hardwood flooring based on a claim under their homeowners' policy made in February 2016. (3AC 9, 10, 13, 14.) Disputes arose and continued from 2017 through 2019 between Plaintiffs and USAA cwer the replacement flooring installed based on that insurance claim. (3AC 14-27.) Plaintiff...

Excerpt: ...tion to dismiss as a motion for judgment on the pleadings. A defendant may make a motion for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP S 438(c)(1)(B)(ii); Prickett v Bonnier Corp. (2020) 55 Cal.App.5th 891, 896.) Moreover, a court may grant a motion for judgment on the pleadings where a party lacks standing to bring the suit. A plaintiff...

Excerpt: ...iff which allegedly had undisclosed structural damage. Defendant contends that the Court should quash the service of summons because Plaintiff failed to serve the summons in accordance with statutory requirements. Statutory Requirements of Service Code Civ. Proc., S 416.90 provides that "[a] summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person orto a pers...

Excerpt: ...n April 21, 2023. As such, any response was due on or before May 22, 2023. On May 15, 2023, Defendant filed a motion to extend time to respond to the Complaint. The Court granted this request, holding the Defendant "may have until August 24, 2023, to answer in this SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/08/2023 matter." The Court also made clear that "No f...

Excerpt: ... Fernandes and Andrew Fernandes), to add a cause of action for aiding and abetting breach of fiduciary duty and an equitable claim for imposition of constructive trust against Cross-Defendant Viramontes, and to remove copyright claims that must be brought in federal court. Cross-Defendants oppose the motion on several grounds. For the following reasons, the motion is granted. Analysis Code of Civil Procedure S 473(a)(1) provdes the Court discreti...

Excerpt: ...ound and Mohon Plaintiffs, Sabrine Finau and her husband Soli Finau, filed their complaint on February 18, 2021. They allege that on February 23, 2019, 45-year old Sabrine Finau attended a cross fit class on the premises of Grace Bible Fellowship Church of Antioch ("Church"). The cross fit class, parties agree, did not offer what the "CrossFit" brand offers, but rather the term was used to mean "fitness training." Ms. Finau was an invited guest o...

Excerpt: ...0865, which was consolidated with the present matter for all purposes on September 18, 2023. The Oliva Complaint was filed on April 21, 2022, and alleges three causes of achon against Defendants: (1) general negligence, (2) premises liability, and (3) res ipsa loquitor. Defendant moves for judgment on the pleadings as to the entire complaint, contending that each of the causes of action are barred by the applicable statute of limitations. Defenda...

Excerpt: ...ins and Petitioner Collins (collectively, "Petitioners)'s writ of mandate requesting that Respondents vacate the August 20, 2021 coroner decision ruling Angelo Quinto's death an "accident" and amend the record to rule his death a "homicide." Respondents demur to Petitioners' writ pursuant to CCP SS 430.10(e) 430.50(a) on the grounds that Petitioners lack standing to sue pursuant to CCP S 1086, that issuance of a writ will not grant any effectual ...

Excerpt: ...en Accounts; and (4) Common Counts — For Work and Labor Furnished. Defendants' demurrer to the whole complaint on the ground that it fails to state facts sufficient to constitute a cause of acton (Cal. Code Civ. Proc. S 430.10(e). They also demurrer to the second cause of action separately claiming that the failure to record and serve a Notice of Pendency of Action (Lis Pendens) as required by Civil Code S 8461 renders the recorded Mechanic's L...

Excerpt: ...Whittley are the parents of a deceased minor Antoine Whittley (the "Minor"). (Amended Complaint ("FAC') 1.) The FACalleges three causes of action against yft for negligence, negligent hiring, retention or supervision, and wrongful death arising out ofa ride given to the Minor on February 10, 2021. (FAC '1 5.) Standards Governing Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of the...

Excerpt: ...om breach of a vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wntrust") seeks a deficiency judgment after selling the vehicle. Wintrust provides a declaration from its Vice President of Asset Management, with and control of its business records of the subject account, who states that the records show that Defendant Hassan AlJanaby entered into a written motor vehicle lease agreement with Wintrust's assignor for the use of a 2017 Cadi...

Excerpt: .... Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to be a 2018 Isuzu pickup truck, California License Number 23050M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action against Ryder: (1) Motor Vehicle and (2) General Negligence. On February 26, 2021, a "Doe Amendment" was filed naming BSP Shipping, Inc. and Restaurant Cheetah Group, Inc. as Dæs 26 ...

Excerpt: ... show SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 12/01/2023 they are entitled to judgment as a matter of law. As a result, the burden does not shift to plaintiff to provide any admissible evidence that would give rise to a dispute of material fact. Background The complaint alleges that plaintiff Muang Saechao was injured when her vehicle struck the vehicle of def...

Excerpt: ... fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property, including slate stone, wooden steps, two retaining walls,...

Excerpt: ...light). Defendant's motion argues that this suit is a SLAPP (strategic lawsuit against public participation) because (1) defendant's statements / conduct was "in furtherance of [her] right of petition or free speech under the united States Constitution or the California Constitution in connection with a public issue," and because (2) plaintiff cannot establish a probability of prevailing. (Code Civ. Proc., S 425.16 (b)(l).) Specifically, defendan...

Excerpt: ...ysis This action was filed on July 18, 2022. Default was entered against Defendants on November 17, 2022. CCP S473(b) Defendants seek relief under the mandatory provisions of CCP S 473(b). Applications under CCP S473(b) must "be made within a reasonable time, in no case exceeding six SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/13/2023 months, after the judgment...

Excerpt: ...ble evidence that would give rise to a dispute of material fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property,...

Excerpt: ...(2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K HEARING DATE: 11/13/2023 noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For purposes of ruling on a demurrer, all fa...

Excerpt: ...evard exit in Walnut Creek, California. Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/06/2023 be a 2018 Isuzu pickup truck, California License Number 23060M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action agains...

Excerpt: ...is case against defendant, Michael Dobbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for (1) breach of written contract, (2) breach of oral contract, (3) conversion, (4) money had and received, (5) unjust enrichment, and (5) intentional interference with contractual relations. Among the requested remedies, plaintiff seeks injunctive relief regarding who is entitled to possess the property at issue he...

Excerpt: ...d alleging that Etienne created a fraudulent quitclaim deed, forging Plaintiff's signature, which Etienne then used to transfer Plaintiff's interest in real property unbeknownst to Plaintiff. The original complaint contained causes of action for slander of title, quiet title and declaratory relief. (See April 19, 2021 Complaint.) Six months later, Plaintiff filed an amended complaint setting forth the same factual allegations and claims against E...

Excerpt: ..., wherein plaintiff articulates such facts. Background Plaintiff alleges that, while she was a high school student at Harry Ells High School, between approximately 1974-1975, she was sexually abused and assaulted by a teacher who was employed by West Contra Costa Unified School District ("District"). (TAC, "17-19.) These assaults occurred approximately once or twice weekly for a year, both at school in the classroom and at the perpetrator's apart...

Excerpt: ... farmers and members of PCFMA since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their vegetable display tables under their tents. Plai...

Excerpt: ...s initiated this achon by filing their Complaint on March 25, 2022. Plaintiffs entered into a lease agreement for residential property located at 317 Lester Avenue, #304 in Oakland, California. The Complaint alleges a number of tort and contract claims against defendants related to the lease and the condition of the property. Defendants filed their Answer on October 31, 2022. None of the Defendants filed a cross-complaint at SUPERIOR COURT OF CAL...

Excerpt: ...FORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/30/2023 Factual Allegations and Positions of the Parties The Court issued a tentative ruling on Defendants' Moton to Strike on August 14, 2023. That tentative ruling laid out in detail the factual allegations of the Complaint, as well as the positions of the various Parties in some detail. Please see that earlier tentative ruling for a ful...

Excerpt: ...S 1291W, et seq.) — retaliation for engaging in protected activty; and (4) violation of FEHA (Government Code S 12940(j)) — quid pro quo sexual harassment). For the following reasons, the Motion is granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the Motion. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the el...

Excerpt: ...ts forth a single cause of achon for negligence relating to an alleged physical altercation that took place between Defendant Peter Hilliard and Plaintiff on September 14, 2020. On March 18, 2022, moving Defendants propounded 17 requests for admission ("RFA") on Plaintiff. Plaintiff did not oppose the motion, and as a result the Court entered an order deeming the RFAs admitted on July 20, 2022. Thereafter, on September 6, 2022, moving Defendants ...

Excerpt: ...pe of the relevant arbitration agreement, and although AHMC is not a signatory to the relevant arbitration agreement, there are nonetheless two bases for the Court to compel this matter to arbitration. First, AHMC says, it may enforce the arbitration agreement as a third-party Second, according to AHMC, it may enforce the arbitration agreement under the doctrine of equitable estoppel. The Court considers each in turn. Relevant Factual and Procedu...

Excerpt: ...hat no triable issue of a material fact exists supporting her causes of action. County's motion for summary judgment or summary adjudication is granted in part and denied in part. Summary adjudication of the first, second, fourth, fifth, sixth and seventh causes of action is granted. Summary adjudication of the third cause of achon is denied. Summary judgment is denied. The reasons follow. l. Disputed and undisputed Facts Plaintiff Angela Spruill...

Excerpt: ...posed motions for summary judgment are 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...

Excerpt: ... wherein plaintiff articulates such facts. Background Plaintiff alleges that, while he was a middle school student in approximately 1972, he was sexually assaulted and abused by special education teacher on multiple occasions during school hours. The abuse allegedly occurred notw-thstanding that the District was on notice about the teacher's propensity to commit the abuse. Plaintiff filed this action on November 30, 2022 against various Doe defen...

Excerpt: ...siness in Concord in June 2020. (SAC 97.) Dugas and Stevens each contributed $10,000 towards the formation of the LLC. Dugas received 49% of interest and Stevens received 51% of the interest. (SAC 99.) The parties rented a location for their gym for one year, starting in April 2022. (SAC 910.) Dugas alleges that Stevens paid himself much more than Dugas and that Stevens' payments to himself were unlawful. (SAC "10-18.) The parties had a falling o...

Excerpt: ...23 For the following reasons, the Motion is granted. Standard Code of Civil Procedure ("CCP") SS 437c(c) provides, in relevant part: The 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. Secton 437c(p)(1) provides: A plaintiff or cross-complainant has met his or her burden of showing that there...

Excerpt: ...The Court, having reconsidered its August 2, 2021 Order granting Ford's motion to compel arbitration, determines that Ford's motion for order compelling arbitration should be denied for the reasons set forth. The prior August 2, 2021 Order compelling arbitration is vacated. The Court sets a case management conference for 8:30 a.m. on December 28, 2023. Plaintiff shall give notice of the CMC. Background Plaintiff filed a complaint against Ford Mot...

Excerpt: ...f shall file any amended pleading by October 23, 2023, or shall file and serve notice of Plaintiffs election not to amend by that date. Background The background of the case, causes of action, and relevant factual allegations of the first amended complaint ("FAC") are set forth in the concurrent ruling on the defendants' demurrer to the FAC. Legal Standards Applicable to Motion to Strike Punitive Damages The Court may strike allegations that are ...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...

Excerpt: ...25, 2022.) Plaintiffs confirm that Rodriguez is not named as a defendant on the first through third causes of action in light demurrer. Plaintiffs' request for monetary sanctions is denied. This motion would not have been necessary if Plaintiffs had complied with CRC 2.112 in drafting their third amended complaint. 19. AM CASE NUMBER: C20-01330 CASE NAME: Hurtado v. HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE FILED BY: SUTTER HEALTH AND...

Excerpt: ...25, 2022.) Plaintiffs confirm that Rodriguez is not named as a defendant on the first through third causes of action in light demurrer. Plaintiffs' request for monetary sanctions is denied. This motion would not have been necessary if Plaintiffs had complied with CRC 2.112 in drafting their third amended complaint. 19. 9:00 AM CASE NUMBER: C20-01330 CASE NAME: Hurtado v. Rodriguez HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE FILED BY: SU...

Excerpt: ...f shall file any amended pleading by October 23, 2023, or shall file and serve notice of Plaintiffs election not to amend by that date. Background The background of the case, causes of action, and relevant factual allegations of the first amended complaint ("FAC") are set forth in the concurrent ruling on the defendants' demurrer to the FAC. Legal Standards Applicable to Motion to Strike Punitive Damages The Court may strike allegations that are ...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...

Excerpt: ...F CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/02/2023 section 2923.4 et seq. ("HBOR") were violated by defendant PHH Mortgage Corporation, the loan servicer of a loan secured by a first trust deed on her residence in Danville. She alleges a first cause of achon for violation of Civil Code section 2923.7 for failure to maintain a single point of contact after her default and a se...

Excerpt: ...reached the age of majority and the first amended complaint was filed in Trey Briggs' name. Plaintiff is suing the San Ramon School District for negligence. There is no dispute that the Defendant is a public entity. Plaintiff alleges that when he was a minor he fractured his right arm during a foot race organized and supervised by school offcials on August 13, 2018. When Plaintiff was injured, Defendant failed to summon emergency medical care to ...

Excerpt: ...proximately 15 years old and a student at Mount Diablo High School. (Complaint, Ill.) Plaintiff was abused by an adult male career counselor (whom plaintiff believes to be deceased) employed by District. (Complaint, 912.) Specifically, the counselor's sexual assault and harassing conduct towards plaintiff occurred in three separate incidents, two of which consisted of inappropriate remarks, inappropriate staring, and invasion of personal space, a...

Excerpt: ... from his job at Mechanics Bank for sexually harassing Pacheco and others. Pena filed this acton against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family members to harassment, including threats of violence. Pena alleged the following causes of action in his complaint: (1) libel; (2) intentional infliction of emotional distress; (3) violation of the Tom Bane Civil Rights Act; and (4) false impersonation in viol...

Excerpt: ... issued an order to show cause ("OSC"). The OSC hearing was held on January 18, 2023. Plaintiff's counsel failed to appear again. As a result, the Court dismissed the matter with prejudice. Standard Defendant moves to set aside the default judgment pursuant to California Code of Civil Procedure ("CCP") SS473(b). Code of Civ-l Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her l...

Excerpt: ...ating trial on Plaintiffs claims for alter ego and successor liability (causes of action seven and eight of the Third Amended Complaint) from their remaining claims, with the alter ego claims to be heard first and the remaining claims and cross claims to be heard 90 days later. For the reasons set forth below, the moton is denied. Brief Factual and Procedural Background This case arises from Plaintiffs' purchase of a refurbished home that turned ...

Excerpt: ...ed Services, Inc. ("Premier"), and ADA Services Corporation, formerly known as H&R Block Mortgage Corporation ("ADA"). The motion is not opposed by Plaintiff. The Court rules as follows: (1) the motion to strike from the Prayer for Relief for the third cause of action paragraph 13, p. 38, line 23 ("For exemplary damages as may be shown at trial") as to defendants Premier, and ADA only is granted, and as to defendant Sand Canyon, the motion is den...

Excerpt: ...declaration documenting efforts to meet and confer is insufficient in that it indicates the "means by which" counsel met and conferred with the plaintiff was email. Such efforts must be "in person or by telephone." (Code Civ. Proc„ S 430.41 (a) and see also S 435.5 [re moton to strikel.) Plaintiff's opposition points this out. (Opposition, 4:6-7.) However, plaintiff does not indicate how the failure affected the merits of the motions. Failure t...

Excerpt: ...that they are both duplicative of the first cause of action. Plaintiffs Request for Judicial Notice, relating to documents filed in Contra Costa Superior Court Case No. P20-01100 is granted. (Cal. Evid. Code S 452(d).) Summary of Allegations This matter pertains to alleged mistakes made by Defendant Brian Dennis Young relating to work performed by him for Plaintiff. Such work was performed in his professional capacity as an attorney and concerned...