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: ... 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: ...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: ..., 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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: .... 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: ...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: ...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: ...(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: ...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: ...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: ...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 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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. 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 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 ...