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...

Excerpt: ...f entry of order to answer the FAC. Background Plaintiffs Adele Connor and Mirabel Connor filed suit against Defendants Ki Young Chung and Sarah Chung, alleging that Plaintiffs are tenants of 3580 Boyer Cir., Lafayette, California 945499 (the "Property"). The Property is alleged to be owned and controlled by Defendants. Plaintiffs allege that Defendants had notice of, and failed to remedy, substantial habitability issues, and retaliated against P...

Excerpt: ...t a proposed order consistent with this ruling and serve and file notice of entry of order. Defendants shall have 15 days from notice of entry of order in which to answer the Second Amended complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Allegations of the SAC This action arises out of the custodial care and treatment provided to Dwayne Rideau wh...

Excerpt: ...nt Golden Rain Foundation ("Defendant" or "GRF") beginning in early 2002. Plaintiff was a member of a union and was represented by Local Union, Laborers' Union No. 34 (the "Union"). Defendant and the Union entered into a collective bargaining agreement ("C8A"), which was renewed in March 2022. Plaintiff was covered by the CBA as a member of the Union. It appears that in July 2020, GRF issued a 2020 Employee Handbook ("Handbook") to all employees....

Excerpt: ...e Moton is denied. Request for Judicial Notice Defendants request judicial notice of the Contractor's State License Board Detail Information for Priceless Kitchen and Bath and the Registrar of contractors, contractors state License Board SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Department of Consumer Affairs, Order to Adopt Stipulated Settlement (as ...

Excerpt: ...se number QI-01689 present common questions of law and fact. (See MPA iso Mohon at p. 3:13.) For the following reasons, the Motion is denied. Brief Factual and Procedural Background July 10, 2019. Plaintiff files her initial complaint for general negligence and negligent hiring against Defendants Wilson & Kratzer Mortuaries dba Higgins Chapel, Defendant Yen Tom, and Defendant Misty Lynn Cicerello. The gravamen of Plaintiff's claim is an alleged a...

Excerpt: ..."Kulwant"), Dhanwant Singh Malhi's ("Dhanwant") (collectively "Defendants") Special Motion to Strike Pursuant to C.C.P. S 425.15. Allegations of Complaint Plaintiff is a member of the Sikh faith and attends the Sikh Temple — El Sobrante (the "Temple"). He is involved in the Temple's administrative activites and teaches Gatka (Sikh Martial Arts) at the Temple. He has been attending and teaching at the Temple since 2009. The Complaint sets forth ...

Excerpt: ...aint was filed with Trey Briggs as the plaintiff. 80th complaints allege that Trey broke his arm at a school event in 2018, but Trey continued to experience problems and required surgery in 2022 and 2023. 80th the complaint and first amended complaint stated that the plaintiff had complied with the applicable claims statute. The District brings this moton for sanctions against Plaintiff's attorney based on the failure to submit a government claim...

Excerpt: ...CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/14/2023 Procedural Background Defendant originally filed her Motion on April 11, 2023. The Court issued a tentative ruling on August 13. The tentative ruling noted there were "several procedural problems as well as substantive issues with both Parties' positions." This includes a number of owners of property adjacent to Defendant's Property which ...

Excerpt: ...ners 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 based on a claim under their homeowners' policy. (2AC "1 3, 7, 11.) Plaintiffs allege USAA has denied coverage for the defects in the replacement flooring under a policy exclusion. (2AC '1 24.) Plaintiffs sued USAA and MDI on multiple theories....

Excerpt: ... failed to allege sufficient facts to support a punt-ive damages award and that if Plaintiff's underlying fraud claim fails, then so does Plaintiff's claim for punitive damages. For the reasons set forth, the motion to strike is granted, with leave to amend. Background The background of this case is addressed in the Court's tentative ruling on the related demurrer to the fraudulent concealment cause of achon by General Motors, LLC. Legal Standard...

Excerpt: ... prevent prejudicing his or her interest in the litigation. (CCP S 35(a).) "The clear intent of the Legislature is to safeguard litigants who qualify under subdivision (a) against the acknowledged risk that death or incapacity might deprive them of the opportunity to have their case SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/24/2023 effectively tried and to ob...

Excerpt: ...xpress contractual warranty with GM on January 24, 2019, presumably when she entered into the lease. (First Amended Complaint ("FAC") 6-8.) She alleges the Vehicle has a "Battery Defect" more fully described in the FAC that manifested during the warranty period. (FAC 9, 23-26.) She alleges GM knew about the Battery Defect since 2016 and that her Vehicle had a defective battery when she leased it, but GM concealed and failed to disclose the Batter...

Excerpt: ...hly repetitive Demurrers to the Complaint of Plaintiffs Michael Graziadei II, et al., along with Motions to Strike. This prolixity is particularly unwarranted given that the parties are jointly represented and make many identical or highly similar arguments. Given the overlap of the motions, the Court will address Defendants' arguments in a single ruling, proceeding in the manner presented in the briefs. The Demurrers to Complaint are sustained i...

Excerpt: ...s third surviving heir who could not or would not join as a plaintiff and is therefore named as a defendant. Plaintiffs have sued the driver of the vehicle, defendant Joseph Heath, and Heath's employer, defendant Spearhead Protection, Inc. Spearhead moves for summary judgment on the ground that Heath was commuting to work at the time of the accident, and Spearhead cannot be held liable for SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART NE...

Excerpt: ...nt's twenty-third affirmative defense fails. The two "issues" included in the notice of motion are just different reasons why Plaintiff thinks that the twenty-third affirmative defense fails. Thus, the Court will discuss the two summary adjudication issues together. Plaintiff worked as a speech therapist at Morello Park Elementary, a school in Defendant's district. While working at this school, Plaintiff alleges that she was to toxins from a sewa...

Excerpt: ... this matter is continued until August 20, 2023 at 9:00 a.m. in Department 18 to allow time for additional briefing by the Parties, as discussed below. Factual Background: Plaintiff John Scott ("Plaintiff") worked for Defendant Golden Rain Foundation ("Defendant" or "GRF" from early 2002 until September 2022. While the papers do not indicate if Plaintiff was fired or quit, the Complaint alleges that he was wrongfully terminated on September 16, 2...

Excerpt: ...d), (h).) Evidentiary Issues Initially, the Declaration of Plaintiff in Support of Motion to Set Aside Summary Judgment is not actually a declaration of Plaintiff David Litachevsky, despite the title. While the Declaration states that David Litachevsky "declares as follows:" the document is signed by "Dylan Hackett Attorney for Plaintiff David Litachevsky." "Although it would appear obvious, a declaration must be signed by the declarant personall...

Excerpt: ...fore the Court is also Defendant Juan Mejia's Motion to Quash Service of Summons. Defendant's Motion to Quash Service of Summons relates to Plaintiff's aforementioned Complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/17/2023 Page 2 of 30 For the following reasons, Defendant's Motion to Set Aside Default is granted. Defendant's Motion to Quash Service of Su...

Excerpt: ...e. Cycle Gear shall serve and file notce of entry of order. Legal Standard CCP section 877.6(a)(1), provides, in relevant part, that, on noticed motion, "[alny party to an acton wherein it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff and one or more alleged tortfeasors or co-obligors . "A deter...

Excerpt: ...bject to judicial notice. (Cal. Evid. Code S 452.) Procedural Background 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 original parties were previously ordered to arbitration. Then, when the arbitration failed to move forward due to Defendants' dismissal of their attorney and failure to hire other counsel, it was put back on the ...

Excerpt: ...t that school (and thus an employee of Defendant School District), as well as Plaintiff's social sciences teacher and faculty advisor for the school's Black Student Union, of which Plaintiff was a member. (Ibid.) It is generally alleged that Doe 2 engaged in 'highly inappropriate and sexual behavior with his minor students,' kept students in his classroom during the lunch period, shared vulgar stores about sex with his students, often hugged mino...

Excerpt: ...with California Rule of Court 3.112 regarding the required papers for Motions. Rule 3.1112 requires that the papers filed in support of a motion must consist of at least a notice of hearing on the motion, the motion itself, and a memorandum in support off the motion. (CRC 3.1112(a).) Defendant's Motion consists of just a single document, which moves the Court to dismiss the Complaint "on the basis of claim preclusion (Res Judicata), collateral es...

Excerpt: ...unopposed MSJ is granted. Procedural Background Defendant GTE Mobilenet of California Limited Partnership (erroneously sued as Verizon California, lnc and GTE Corporation) filed its MS] on January 6, 2023. The hearing on the MS] was scheduled for April 10, 2023. Thus, Plaintiff's opposition was due on or before March 27, 2023. No opposition was filed at that time. Instead, on April 6 — two court days before the hearing — Plaintiff filed a mot...

Excerpt: ...s denied. District shall file its answer to the complaint of Jane Doe 3 by June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/12/2023 22, 2023. Background Plaintiffs, who filed this action under the pseudonyms "Jane Doe #1," "Jane Doe #2," and "Jane Doe #3," are three former students of defendant Miramonte High School, which is a high school operated by defendant...

Excerpt: ... judgment on the pleadings on the fourth cause of action for financial elder abuse alleged in Plaintiffs' Second Amended Complaint ("2AC '). For the reasons set forth, the motion is denied. Background Plaintiffs George Byers and Sheila Byers allege they are both over 65 and that Mrs. Byers is largely confined to a wheelchair. (Second Amended Complaint ("2AC") 1.) They have sued their homeowners insurance carrier defendant USAA General Indemnity C...

Excerpt: ...("Motion"). Appearances are required by all Parties to discuss how they would like to proceed based on the Conclusion at the end of this Tentatve Ruling. The required hearing will take place on Tuesday, May 23, 2023 at 10:30 a.m. Background Defendant Susan Dixon owns real property located at 820 Bates Avenue in El Cerrito, California ("Dixon Property"). The Dixon Property is bordered, either directly or next to an easement, by 12 other properties...

Excerpt: ...ion, if he can provide additional information on his financial situation and/or there is other that becomes available in the future. Defendant Christian Cizek's motion contesting the good faith application by Manuel TelloChavez is denied. The Court finds that the settlement between Plaintiff and Tello-Chavez is in good faith pursuant to Code of Civil Procedure section 877.6. The party claiming that a settlement is not in good faith under Code of ...

Excerpt: ...aintiffs' Motion is granted. Procedural Background On October 11, 2022, the Parties attended a settlement conference before court appointed mediator Jessica Braverman. After exhaustive negotiations, the parties came to an agreement to settle the case. That same day, all four Parties, i.e. Plaintiffs Manuel ü)pez and Helen Kei and Defendants Gregory and Dana Freeman, signed a Settlement Agreement setting forth the terms and conditions of the sett...

Excerpt: ...Sahar, Nathan Sahar, and Michele Sahar filed the initial complaint in this matter, Case No. C22-00746 (the "Present Matter"), by dropping the necessary papers in the Red Drop box outside of the 1st floor entrance to the Martinez Civil Courthouse on that date. o Plaintiff contends that this was "the Court's required process at this time for filing of civil documents." (emphasis added.) This statement is incorrect, as the Court's filing window was ...

Excerpt: ... and Brook Andrew Woolley, M.D. ("Kaiser Defendants"). For the reasons set forth, and subject to the Kaiser Defendants making the supplemental submission addressed below at or prior to the hearing on the petition, the petition is granted as to all claims by Plaintiff in her individual and representative capacities against the Kaiser Defendants; the motion to stay the action is granted as modified by the Court pursuant to Code of Civil Procedure s...

Excerpt: ...onal practice in performing Slava's hernia surgery and his treatment. Plaintiff Slava alleges the Contra Costa Regional Medical Center ("medical center"), on whose behalf the County is appearing in the action, is vicariously liable for Dr. Berguer's negligence as his employer. Plaintiff Ilga Viner ("Ilga") is Slava's wife. The current operative pleading is the Second Amended Complaint ("2AC'). Plaintiffs seek leave to file a Third Amended Complai...

Excerpt: .../A (breach of fiduciary duty) — sustained, with leave to amend. Background Plaintiff Pearl Seaborn is the former spouse of Charles Lee Seaborn, now deceased. She alleges that she and her husband became the owners of a residential property on Bismarck Terrace in Brentwood, California (the "Property") in 2001. (Fourth Amended Complaint ("4AC') "1 2, 15-17.) She alleges in February 2005, a forged Interspousal Transfer Grant Deed ("Interspousal Dee...

Excerpt: ...tion. Procedural Background This matter pertains to claims made by Plaintiff Corporate Immigration Partners, LLP (a aw firm) relating to actions taken by former employee, Defendant Gina Sales-Cengiz (an attorney) before, during, and after her leaving her employment with Defendant. Defendant is alleged to have given notice of her intent to resign on December 23, 2022, with an effective date of January 12, 2023. During those last two weeks of emplo...

Excerpt: ...le, Lafayette, on December 30, 2022. The case does not have a trial date. Plaintiff now seeks to file a first amended complaint to (1) add her daughter, Mirabel Connor, as a plaintiff; (2) add a cause of achon for constructive eviction on behalf of Mirabel; and (3) make changes that are administrative in nature. Defendants oppose. Applicable Law It is well-established under California law that leave to amend is to be granted liberally, to accompl...

Excerpt: ...ckhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Constructon (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Declaration of Covenants, Conditions and Restrictions for Blackhawk Meadows (the "CC&Rs") by Defendants. Plaintiff seeks: (1) injunctive relief...

Excerpt: ...DATE: 04/24/2023 Page 25 of 27 vacated. Defendant shall file and serve a responsive pleading within 10 days of the date of this order. Background Plaintiff filed this action for breach of contract and common counts on June 7, 2022. Plaintiff alleges he purchased a 2018 Honda Accord for $27,487.19 and that Defendant Kallista Sauer-minder agreed to pay Plaintiff $900 per month in exchange for the use of the vehicle until the purchase price was paid...

Excerpt: ...t if the Court granted performance, the only claim on which a lis could be based. Plaintiff contested the tentative ruling and requested leave to submit supplemental briefing and evidence of Plaintiff's ability to #rform. The Court continued the hearing to April 24, 2023 for the submission of supplemental evidence and briefing. What follows is the Court's tentative ruling issued in advance of the March 27, 2023 hearing, a summary of the parties' ...

Excerpt: ...m Complaint, the Complaint also includes a narrative attachment along with several exhibits. It does not identify causes of action by title, but Plaintiff has not objected to Defendant's characterization of the Complaint as one for (1) retaliation under California public policy, (2) retaliation under Labor Code S 1102.5, (3) discrimination under Title VII, (4) discrimination under FEHA, (5) disability accommodation, (7) retaliation under FEHA, an...

Excerpt: ...uest for judicial notice is granted, but unnecessary as the Court can review its own files without need for judicial notice. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with matters that may be judicially noticed, it ...

Excerpt: ...ic facts are not in dispute. Lena and Defendants entered into a written lease for a commercial property in San Ramon in May 2014. That lease was set to expire in May 2024. In early 2022, Defendants vacated the premises and returned possession to Lena. Subsequently, Lena sued Defendants, seeking, inter alia, recovery for past due unpaid rent, costs to restore the property, and future uncollected rent. The suit also seeks attorneys' fees and legal ...

Excerpt: ...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 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 J...

Excerpt: ...und Plaintiffs Robert Mortiz and 80b Moritz Reliable Plumbing Service, Inc. ("Plaintiffs") allege they purchased a new 2019 Chevrolet Silverado 2500 on January 23, 2019. (Compl. 8, 33.) (Though named in the Complaint and other pleadings as "Robert Mortiz," the correct name appears to be "Robert Moritz" according to the vehicle purchase agreement, Exhibit 1 attached to the Complaint.) The vehicle is manufactured by defendant General Motors, LLC ("...

Excerpt: ...m an auto versus pedestrian accident in which Plaintiff was injured. Plaintiff now moves to amend the complaint to include punitive damages allegations against Defendant Teresa Maria Tam. Plaintiff claims she learned in discovery that Defendant was intoxicated at the time of the accident, with a BAC of .255. Defendant opposes the motion. Defendant argues the Plaintiff unduly delayed in seeking the amendment, which is not based on newly discovered...

Excerpt: ... MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/17/2023 within a development in Danville, CA known as Blackhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Construction (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Dec...

Excerpt: ...ned, the manner of partition." (Code Civ. Proc., S 872.720, subd. (a).) The manner of partition may be in kind or by sale. (Code Civ. Proc., SS 873.210- 873.50.) Partiton in kind is favored. (Butte Creek Island Ranch v. Crim (1982) 136 Cal.App.3d 360, 365.) In lieu of dividing the property among the parties, the court shall order the property be sold and the proceeds divided among the parties [if] the court determines sale and division of the pro...

Excerpt: ...ce S. Chou ("Defendant") was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Parties attended a Mandatory Settlement Conference ("MSC"), wherein the Partes reached a verbal agreement to resolve the dispute. The general terms of the agreement were reduced to writing in a document titled: "Settlement Agreement." Each of the Par...

Excerpt: ...al causes of action for battery, intentional infliction of emotional distress, and conspiracy. The instant motion is set for hearing on April 10, 2023. Trial is set for April 18, 2023. For the following reasons, the Motion is denied. Brief Factual and Procedural Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 July 10, 2019. Plaintiff files her in...

Excerpt: ...rt that Pena was fired from Mechanics Bank after it determined he had sexually harassed Pacheco and others. Pena filed this action against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family to harassment, including threats of physical violence. Harassment included frequent, vulgar, and threatening calls and text messages, some referencing Pena's wife and children. Mejia allegedly posted flyers in Pena's neighborh...

Excerpt: ...nt arising out of the professional negligence of a health care provider can include a claim for punitive damages. "The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to ...

Excerpt: ...ol. Plaintiffs filed their complaint on December 5, 2022 "pursuant to Code of Civil Procedure section 340.1 for childhood sexual abuse." (Complaint, They contend that they suffered sexual abuse by a teacher at the high school between approximately 2007 and 2009, that "[p]ursuant to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 california Government code s...

Excerpt: ...Cal. Evid. Code S 452(d).) For the following reasons, the unopposed MSJ is granted. Factual Background The Complaint alleges that Plaintiff was injured on September 14, 2020 when physical contact was made to him by Defendant Peter Hillard while Mr. Hillard was employed by Defendant GTE. Standard Summary judgment is proper if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled ...

Excerpt: ...isrespect is intended.) Jerome died of lung cancer on May 22, 2015. The complaint was filed May 16, 2018, and contains a single cause of action brought under the Federal Employers' Liability Act ("FELA"), codified at 45 USC section 51 et seq. In essence, the complaint alleges that Jerome's lung cancer was caused by employment-related exposure to various chemicals or substances, and that such exposure was a result of BNSF's negligence. The MS] arg...

Excerpt: ...nt on the complaint is denied. The Court's order is without prejudice. Disputed and undisputed Material Facts This is an action for breach of contract and common counts arising from breach ofa vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wintrust") seeks a deficiency judgment after allegedly selling the vehicle. Wintrust prov-des a declaration from its Vice President of Asset Management, with custody and control of its business rec...

Excerpt: ...pport of Motion to Consolidate, 2:17-22, 3:8-14.) The second is a Motion to Transfer and Consolidate Cases for All Purposes filed by Defendants Stephanie Rabbitt and Ryan Friesen (collectively "Defendants"), also pursuant to Code of Civil Prc„cedure S1048(a), to also have the instant action consolidated with Case No. P23-W096 on the grounds that both actons involve common questions of law or fact. (See Defendants' Motion to Transfer and Consoli...

Excerpt: ...etween neighbors. Plaintiffs Brian McCarthy and Renee Covi through their revocable trust are the owners of a residence at 17 Cumorah Lane in Alamo. (Comp'. '1 1.) Defendants Kevin Mack and Olga Mack are their neighbors who live at 24 Cumorah Lane. (Comp'. '1 2.) Plaintiffs allege that in 2021, Defendants built an electrified gate across a driveway, a related electrical box and electrical lines for the electrical service to the gate, a pedestrian ...

Excerpt: ... business Friday, April 7, 2023. Factual and Procedural Background Plaintiff owns a townhome located at 75 Glen Valley Circle in Danville, California (the "Property"). The Property is located within the Camino Ramon Terrace Association and is governed by the relevant CC&R's. Defendant Camino Ramon Terrace Owner's Association is the homeowner's association ("HOA") responsible for the common areas and homes in the Camino Ramon Terrace Association. ...

Excerpt: ...amended complaint by May 8, 2023. If no guardian ad litem is appointment by early May, Plaintiff's counsel shall request an extension of the time to file an amended complaint by ex parte application. The case management conference schedule for April 12, 2023 is continued to June 9, 2023. Kimberley Briggs has filed this lawsuit "as Parent and Natural Gaudian" of Trey Briggs. No guardian ad litem has been appointed in this case and no guardian ad l...

Excerpt: ...ado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been acting in the course and scope of her employment for the Sutter Defendants at the time of the events in this case. In the operative SAC, P...

Excerpt: ...mbia, Canada for Defendant's alleged failure to repay a loan. Plaintiff obtained an alternative service order allowing Defendant to be served by e-mail and Facebook. Defendant failed to appear, and Plaintiff obtained a default judgment against Defendant. Defendant now resides in Contra Costa County. Plaintiff filed this civil action to recognize the judgment obtained in British Columbia, Canada. Motion Pursuant to Code of Civil Procedure S 438, D...

Excerpt: ...s a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Plaintiff moves for summary adjudication against Defendant's 35th affirmative defense which asserts that Defendant's actions are protected by the doctrine of judicial deference set forth in Lamden v. La Jolla Shores Condominium Homeowner's Ass'n (1999) 21 Cal.4th 249. Plaintiff mcwes on the ground that this affirmative defense "is inapplic...

Excerpt: ...d by defendant East Bay Municipal Utility District ("EBMUD") needed to be relocated. This case is, at bottom, a dispute between CCTA and EBMUD concerning the cost of relocating those pipelines. The parties stipulated to, and the Court ordered, cross motions for summary adjudication. Because the cross motions address the same causes of action, the Court considers it appropriate to issue one consolidated tentative ruling, which will tentatively res...

Excerpt: ...ting this action. The Complaint alleges three causes of action under the Song- Beverly Consumer Warranty Act, Civil Code section California's vehicle "lemon law" is contained in the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq. (the "Song-Beverly Act") which includes California's "Lemon Law." He alleges claims for breach of express warranty, breach of implied warranty, and failure to timely service and repair his vehicle in...

Excerpt: ...d reached agreement that County would pay plaintiff $45,000 in exchange for a dismissal of this action. At the time of the mediation, Plaintiff had appealed her termination with the Contra Costa County Merit Board. The administrative proceedings had been stayed at Plaintiff's request pending the outcome of this case. The parties never executed a written settlement agreement because they disagree as to the material terms of the settlement. County ...

Excerpt: ...f the implied covenant of good faith and fair dealing, fraud, and conversion. Wittrien filed, and presumably recorded, a notice of pendency of action on June 15, 2021. In May or June of 2020, the parties entered into negotiations for Wittrien to purchase the Property at 1480 Taylor Road in Bethel Island, California (the "Property") from Defendant Teresa Jo Mazzarella. The Property was in significant disrepair and had been declared a nuisance by t...

Excerpt: ...Defendant Rashaan Whisenton are joint-tenant owners of the single-family residence located at 128 Regency Drive in Clayton, CA. On or about June 11, 2020 Ms. Strenchock and Defendant purchased the Subject Property for $817,000.00. At the time of the purchase, Plaintiff and Defendant were in a relationship, but not married. On June 11, 2020, a grant deed transferring the Subject Property from third parties to "Rashaan Whisenton, an unmarried man a...

Excerpt: ... the defect discussed herein. Any amended pleading shall be filed and served on or before June 20, 2023. Background Dobbs filed his cross-complaint against Rusco on September 30, 2022. (See Rusco's Request for Judicial Notice, Exhibit 1.) The cross-complaint was filed using the judicial council's form complaint for a breach of contract. The caption names as plaintiff, "MICHAEL DOBBS, individually and dba ARCLIGHT CORPORATION." The pleading states...

Excerpt: ...reopened as to new claims and parties. Discovery is not reopened as between Plaintiff and Defendant Etenne. The April 18, 2023 trial, April 17, 2023 issue conference, and April 12, 2023 settlement conference dates are hereby vacated. The Court sets a Case Management Conference for the case to be at issue on August 8, 2023, at 8:30. Background Plaintiff Prosperre Berreth filed this quiet title action against Defendant Lindsay Etienne on April 19, ...

Excerpt: ... entered -nto a written residential purchase agreement (the "Contract") for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that "any dispute or claim in Law or equity arising between [the Parties] out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration." (the "Arbitration Clause.") On February 22, 2...

Excerpt: ...m to the Plaintiff Plaintiff requests the Court grant him a new trial on the follow-ng grounds: (1) insufficiency of evidence; and (2) error in law by allowing Dr. Hoddick to testify. Analysis A. Suffciency of the Evidence "A new trial shall not be granted upon the ground of insufficiency of the evidence to justify a verdict ... unless after weighing the evidence the court is convinced from the entre record, including reasonable inferences theref...

Excerpt: ... set forth six cause of action all related to Defendant's alleged failure to pay for legal services provided to him by Plaintiff. On February 16, 2022, Plaintiff moved for, and received, entry of default against Plaintiff. Default judgment was entered on March 9, 2022. Thereafter, on April 19, 2022, Plaintiff filed his first motion set aside default and default judgment. That motion was granted on June 20, 2022. Defendant filed his answer on June...

Excerpt: ...anDepot") in April 2019. Plaintiff alleges she was added to title and forced to sign a deed of trust securing loanDepot's loan, the proceeds of which were used to buy out Jennifer Corrigan's ex-husband's interest in the property. Plaintiff alleges she was not provided the proper loan disclosures and suffered harm when the property was sold in foreclosure. On November 21, 2022, loanDepot accepted service of the summons and complain via notice and ...

Excerpt: ...y to borrow funds from a family member. Procedural Background On October 18, 2022, the parties engaged in mediation. At mediation the parties reached an agreement. The agreement was reduced to writing and signed by Plaintiff's and Defendant Miller. The agreement stated Defendant Miller would pay plaintiffs $30,000 within 90 days of signing the agreement. If Defendant Miller did not make such payment within 90 days a stipulated judgment would be e...

Excerpt: ...aith and Fair Dealing; (5) Fraudulent Misrepresentation; (6) Negligent Misrepresentation; (7) Quantum Meruit; (8) unjust Enrichment; SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 5 (9) Retaliation in violation of Labor Code 1102.5; (10) Wrongful Constructive Termination in violation of Public Policy; and (11) Defamation. Defendants demur to the FAC in its...

Excerpt: ...l suit to enforce a judgment obtained in British Columbia, Canada against Defendant Andrea Burbank. Burbank now resides in Contra Costa County. Defendant filed a cross- complaint to declare the Canadian judgment unenforceable. Demurrer Pursuant to California Code of Civil Procedure SS 430.20, 430.30 and 430.60, Defendant/cross-complainant Andrea Burbank demurs to the Answer to Cross-complaint on the ground the Affirmation Defenses set forth in th...

Excerpt: ... unnecessary. The Court can review the file in this matter, including the Complaint, without need for judicial notice. Defendants' demurrer is overruled. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 14 Standard for Demurrer "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. ...

Excerpt: ...A COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/06/2023 23 is granted with leave to amend. Plaintiff shall have 30 days from the date of this order in which to amend her complaint. Defendant Nguyen-Traxler shall have 30 days from service of the amended complaint in which to respond. Allegations of the First Amended Complaint This case arises out of injuries allegedly suffered by Dwayne Rideau ("dece...

Excerpt: ...whether all of the causes of action as to which the demurrer has been sustained are genuinely necessary for cross-complainant to obtain complete relief. The basis for this ruling is as follows. 2 nd C/A. The Second Cause of Action is for breach of the implied covenant of good faith and fair dealing. The Court overrules cross-defendant's demurrer to this cause of action, for two reasons. First, case law recognizes that there is an implied contract...

Excerpt: ...relief; (5) promissory estoppel; and (6) intentional interference with contract (Leal individually). Defendant demurs to Plaintiff's causes of action for (1) breach of contract, (5) promissory estoppel, and (6) intentional interference with contract pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant req...

Excerpt: ...LAS HEARING DATE: 03/06/2023 5 to stay this matter. Relevant to this second demurrer, Plaintiff Anthony Astone (“Plaintiff”) entered into a purchase and sale agreement (“Agreement”) for real property located in Cabo San Lucas, Mexico (“Property”). The Agreement stated that Defendant Global Mortgage Group, LLC d/b/a/ MoXi would handle the closing of the transaction. On or about April 12, 2022 Plaintiff received emails that included wir...

Excerpt: ...at the FAC only alleges a single cause of action as to Defendant Monsanto, she purports to move for judgment on the pleadings as to the whole complaint. (Notice at ¶1.) Notably, the Notice does not indicate that Defendant Monsanto is moving as to the single cause of action to which she is a party. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Bur...

Excerpt: ...and (6) (insufficiency of the evidence to justify the verdict). (The notice of motion included two other grounds, but those were not briefed in the moving memorandum.) Plaintiffs' main argument is that they were unaware that the City's Planning and Building Director Greg Wolff stated the following in 2019: “I have found nothing in the minutes of the Planning Commission's proceedings, the approving resolution or conditions of approval that state...

Excerpt: ...rth, the Court grants the motion for reconsideration. Having reconsidered its November 28, 2022 Order, the Court orders that: (a) the Court's November 28, 2022 is modified, as stated herein; (b) all claims subject to Plaintiff's First Amended Complaint are ordered to arbitration, subject to the arbitrator's determination of whether the "representative" PAGA claims are within the scope of arbitration under the parties' arbitration agreement; and (...

Excerpt: ...ngle cause of action (with 18 subparts) against all Defendants, namely violation of standards for residential construction in violation of Civil Code §§ 896 and 897. On February 22, 2022, Plaintiffs filed their Complaint for Damages (“Complaint”) against Defendants Mayari Development, LLC (“Mayari”), Henry Ortiz, Jr., Margarita Veronica Blanco, as an individual and trustee of the Margarita Veronica Blanco- Ortiz Trust (“Ms. Blanco”)...

Excerpt: ...ants Jeffery and Rhona Shulman (collectively, the “Shulmans” or “Cross-Complainants”). The Motion is directed towards the allegations for attorneys' fees (XC ¶¶ 38, 44, prayer for relief ¶¶ D, B) and emotional distress damages (XC ¶ 39, prayer for relief ¶ F). For the following reasons, the Motion is denied-in-part and granted-in-part as described further, below. Legal Standard Upon motion, the court may “strike out any irrelevant...

Excerpt: ...LIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 02/27/2023 18 notice of entry of judgment. Defendants filed an ex parte application on January 19, 2023 explaining that the Motion was timely submitted for filing and improperly rejected by the clerk's office. Defendants' attorney includes a declaration that explains that the Motion was timely submitted for filing on September 28, 2022. (We...

Excerpt: ...efendant Maria Carrol, who left its facility not able to care for herself or her affairs, and was discharged at the written request of her court-appointed conservator. After making attempts to serve Defendant at her residence, Plaintiff filed an application for service by publication which Judge Baskin granted on October 21, 2022. Plaintiff did not respond to the complaint and Plaintiff took her default on January 3, 2022. A default judgment in t...

Excerpt: ... potentially adverse interests.” (In re Charlisse C. (2008) 45 Cal.4th 145, 159.) Where the potential conflict arises from successive representation the governing test requires a showing of substantial relationship between the prior case and current case. (Flatt v. Superior Court (1994) 9 Cal.4th 275, 283.) There are two different versions of this test depending on whether the attorney's prior representation was “direct and personal” or per...

Excerpt: ...inning her employment, Defendant Villalobos (her supervisor) “initiated a series of sexually inappropriate advances towards” and “frequently flirted with” Plaintiff. (¶¶10-12.) Plaintiff rebuffed Mr. Villalobos' advances. (Ibid.) The advances escalated to physical touching and attempts to embrace Plaintiff. (Id. ¶ 12-16.) His actions rose to the point where he “grabbed Ms. Lopez by her neck,” yelled at her, and called her a “bitc...

Excerpt: ...t for unlawful detainer against defendant PH, a patient who received emergency medical care and was admitted to Kaiser's hospital in Walnut Creek on July 19, 2021. (Compl. ¶¶ 1, 4, 6; Plaintiff's Separate Statement of Undisputed Material Facts ("UMF") Nos. 2, 16.) Kaiser is the owner and operator of the hospital located in Walnut Creek where PH was admitted. (UMF Nos. 1, 2.) PH was discharged by her physician on July 25, 2021, but PH has refuse...

Excerpt: ...“Shulmans” or “Cross-Complainants”)'s Cross-Complaint. Specifically, Rockcliff demurs to the fourth cause of action for breach of fiduciary duty and the fifth cause of action for breach of contract, pursuant to Code of Civil Procedure (“CCP”) §§ 430.10(e), § 337(a), and § 343. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Rockcliff's unopposed request for judicial notice is ...

Excerpt: ...r the following reasons, the Motion is denied. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Brief Factual Background The gravamen of this case is a series of real estate transactions; however, the parties have personal history with each other which colors the dispute. Plaintiffs are married; Plaintiff Kayla Young was previously married to Defendant Dolen, who works as a real ...

Excerpt: ...gment. Factual Background Phillips owned and operated the San Francisco Refinery (the “Refinery”) in Rodeo, California. (UMF 1.) Phillips and Contra Costa Electric entered into a Master Services Agreement for electoral work at the Refinery effective September 20, 2017. (UMF 2.) The Agreement states that Contra Costa Electric shall perform all work as an independent contractor. (UMF 3.) It further provides that Contra Costa Electric “shall b...

Excerpt: ... corporation Ernie & Sons Scaffolding dba Unique Scaffolding ("E&S"). (Ver. Compl. ¶¶ 14, 15.) Plaintiff Ernesto Negrete, Jr. has filed suit as "an individual, in his individual capacity and derivatively on behalf of" E&S. Negrete and defendant John Soto are the equal owners and sole directors of E&S. (Ver. Compl. ¶¶ 14, 15.) In early 2022, Defendant Soto informed Negrete of his intention to end their business relationship. (Ver. Compl. ¶ 4....