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: ...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: ...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: ...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: ...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: ...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: ..."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: ...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: ...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: ... 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: ...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...