Excerpt: ...visors as Respondents. FT Land, LLC; Meach, LLC; BI Land, LLC; and TH Land, LLC (collectively "Real Parties" or sometimes "Developer" or "Project applicant") are presently named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this ten...

Excerpt: ....7; and (2) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). Defendants' Request for Judicial Notice ("RJN”) regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Fonteno...

Excerpt: ...23 2 Plaintiff was working at a Save Mart Supermarket in Antioch on July 24, 2020 when Plaintiff came upon a man hidden in the back of the store. The man brutally attacked Plaintiff, causing serious and life‐threatening injuries. (FAC ¶¶9, 14.) Plaintiff alleges that Defendant Phillips Edison & Company, LTD “co‐ owned, managed, directed, leased and/or controlled the shopping center and security thereon including the structures, adjacent s...

Excerpt: ...Parties" or sometimes "Developer" or "Project applicant") are named as Real Parties in Interest. This is the Court's tentative ruling. The Court's tentative ruling is to grant the petition in part on the grounds and for the reasons detailed below. The Court intends to schedule a date and time for oral argument on the petition and this tentative ruling when the parties appear for the hearing. The Court will take the matter under submission after o...

Excerpt: ... reasons set forth, the motion is denied. Background The Hiteses owned a large property in Danville, California that was ultimately subdivided into two parcels, one of which is owned by plaintiffs Jeffrey and Shannon Jones (collectively, "Jones") and the other by Guo/Lin. In 2016, Jones bought a 47‐acre property from the Hiteses located at 5945 Bruce Drive in Danville, California ("Jones Property"). Guo/Lin Parties own the property located at 5...

Excerpt: ...uding RDR Builders LP (“RDR”), D. Winn Painting, Inc. (“D. Winn”), Lines of Integrity Caulking & Sealants (“LOI”), and Millbrae Glass LTD (“Millbrae”) were involved in the construction of the School. Aside from MWF, each entity named above (i.e., Diede, HKIT, RDR, D. Winn, LOI, and Millbrae) seeks summary judgment in motions or joinders presently before the Court. This tentative ruling addresses the motion for summary judgment or ...

Excerpt: ...ving in the number two lane of California Avenue as Plaintiff approached California Avenue. (2AC ¶¶ 8‐14.) In addition to suing Moss, Plaintiff has sued the City of Pittsburg alleging a first cause of action against the City for dangerous condition of public property. The Court previously sustained demurrers by the City to the original Complaint and to the First Amended Complaint ("FAC"). Standards for Ruling on Demurrer In ruling on the demu...

Excerpt: ...NIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/09/2023 2 Distress is denied. Background Plaintiff Genevieve Carlon brings this action for elder abuse, negligence, and violation of patient's rights. Plaintiff Lisa Carlon is the daughter and duly appointed Guardian ad Litem of Plaintiff Genevieve Carlon. Plaintiff Lisa Carlon brings a claim for negligent infliction of emotional distress. On...

Excerpt: ...2023 21 residential property in Pleasant Hill, California and alleged violation of the standards for residential construction in violation of Civil Code §§ 896 and 897. On March 30, 2022, Defendants Mayari Development, LLC and Margarita Veronica Blanco, individually and as trustee of the Margarita Veronica Blanco‐Ortiz Trust (“Defendants”) filed a petition to compel arbitration. Thereafter, on April 14, 2022, a default was entered as to D...

Excerpt: ...alifornia. Plaintiffs filed the initial Complaint on October 23, 2020, naming, among others, Defendant Damien Sean Lamont Ross (“Defendant Ross”) and CrossComplainant Ms. Ordonia. Cross‐ Complainant filed an answer to the Complaint on January 24, 2022. On February 22, 2022, Cross‐ Complainant filed a motion for leave to file a cross‐complaint against Defendants Sokolovski and Espinoza for indemnity. That unopposed motion was granted on ...

Excerpt: ...uninhabitable due to the structure being located on the top of a landslide. (FAC ¶9.) Plaintiff hired several different engineers that prepared reports on the property, but Defendant refused to remove the red tag. (FAC ¶¶11‐15.) The final report was provided to Defendant on December 13, 2019, but Defendant still refused to remove the red tag and issue a building permit. (FAC ¶15.) Plaintiff submitted a government claim on February 5, 2020, ...

Excerpt: ...ed a tentative ruling on the October 31, 2022 hearing, requesting supplemental briefing and continuing the hearing to this date. In the supplemental briefing, Kaiser informed the Court it would dismiss defendant KH from the action without prejudice. The dismissal of KH having been entered, the Court addresses only the demurrer by defendant PH in this ruling. For the reasons set forth, the demurrer is overruled. Defendant PH shall file her answer ...

Excerpt: ... Second Amended Complaint (“SAC”) for (1) breach of written contract; (2) accounting; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) fraud; and (9) recovery of contractor's bond. Defendant demurs generally to the SAC's allegations regarding Alter Ego Liability. Defendant further demurs to the causes of action for (6) intentional misrep...

Excerpt: ...int by December 19, 2022. 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 such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) As...

Excerpt: ...dy injury resulting from physical assault by Defendant Peter Hilliard, an employee On Air, LLC. Hilliard was working near Plaintiff's home in Walnut Creek when the incident occurred on September 14, 2020. Plaintiff alleges the incident during the course and supervisory scope of Peter Hilliard's employment or contract with Defendants Verizon California, Inc., and GTE Corporation. Motion Plaintiff alleges a sole cause of action for general negligen...

Excerpt: ... to the fourth cause of action for breach of fiduciary duty ‐ moot based on the Court's concurrent ruling granting Placer's motion to strike the fourth cause of action. Plaintiff shall file any amended complaint by December 27, 2022. If Plaintiff seeks to allege a cause of action for breach of fiduciary duty or other new causes of action, Plaintiff shall seek leave to file an amended complaint. (See, e.g., Cal.R.Ct. 3.1324; Zakk v. Diesel (2019...

Excerpt: ...e‐posts the text of the tentative ruling, reflected in the October 3, 2022 minutes issued on the hearing. Before the Court is a petition to compel arbitration filed by defendant SFS 39, Inc. For the reasons set forth, the petition to compel arbitration is granted in part as to Plaintiff's individual PAGA claims which are ordered to arbitration as well as stayed pending arbitration, and denied to the extent the motion seeks dismissal of the repr...

Excerpt: ...tions in the Complaint The parties reside in the same general neighborhood in Danville, California and live less than one half mile from each other. Defendant owns a large Bernese Mountain dog named “Vera,” that weighs in excess of 100 pounds. Vera is very excitable, and Defendant has difficulty controlling her. Defendant often allows Vera to run around the neighborhood without a leash and uncontrolled. She will often run up to people and jum...

Excerpt: ...ual Background 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 “Global Mortgage [a/k/k MoXi] – [i.e. Defendant Global Mortgage Group, LLC d/b/a/ MoXi] – will handle the closing” of the transaction. Plaintiff provided a deposit of $35,350. Plaintiff applied, and was approved, for a loan thr...

Excerpt: ...R COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/14/2022 and Fernando Guerrero in February 2020. She subsequently filed a first amended complaint in June 2020. She alleges causes of action for violations of the Labor Code and other relief arising out of her employment by Reliant which does business as Cactus Café. Kim and Guerrero are the CEO and CFO, respectively, of Rel...

Excerpt: ...ia 94509, Assessor's Parcel Number 066‐136‐004. Plaintiff, an unmarried man holds the property as a joint tenant and co‐owner with Defendant Renae Chackel. Chackel holds title to an undivided, one‐ half fifty percent interest in the subject property. Plaintiff and Defendant have negotiated several agreements for buyout, but Defendant has yet to execute a quitclaim. Plaintiff filed this action for declaratory relief, quiet title, partition...

Excerpt: ...OVERRULED in part and SUSTAINED in part, with 15 days' leave to amend. Background Plaintiffs Piedmont Capital Management, LLC and Dennis Lanni (collectively, “Piedmont”) brought this breach of contract action against defendants Terry Stephens and Kimberly Stephens (collectively, “Stephens”) to collect a debt arising from a home equity line of credit originally issued by National City Bank. Stephens answered, generally denying that any deb...

Excerpt: ...1 and 12 – denied in part as moot, as set forth in the ruling, and otherwise addressed in the ruling below; (c) Motion to Strike No. 3 – denied. The Court notes that the motion does not contain a Motion to Strike No. 10. Background The factual background alleged in the2AC is set forth in detail in the Court's concurrent ruling on Defendant's demurrer to the 2AC. Legal Standards Governing Motion to Strike Generally The Court may strike allegat...

Excerpt: ...bring this breach of contract action. In early 2017, Senior Living was approached by Defendant Nuance Energy Group with a proposal to install solar power systems for Plaintiffs' four buildings. Defendant Brian Boguess is the Principal and Owner of Nuance. Plaintiffs entered into the Agriculture & Commercial Installation and Limited Warranty Agreements with Nuance on September 22, 2017. The Agreements called for four milestone payments. Although P...

Excerpt: ...ly utilized by cyclists,” Grant Gibbons, his sister, and a friend, went on an “out‐and‐back” ride on the Delta de Anza Trail. While traversing a portion of the trail, Mr. Gibbons' front bicycle tire became perilously lodged in a gap between the concrete slabs on which he was riding. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' momentum was suddenly halted and he was ejected over the handlebar...

Excerpt: ... section 430.41(a) mandates that the defendant filing a demurrer to a complaint meet and confer with the plaintiff by telephone or in person at least five days prior to filing the demurrer to discuss with the plaintiff all the party's objections to the pleading. The demurring party is required to file a declaration regarding the party's compliance with this meet and confer obligation with the demurrer. Defendants failed to file a declaration refl...

Excerpt: ...as employed by Defendant Kinder's as a Shift Lead at the time. Plaintiffs contend that Derksen was in the course and scope of her employment for Kinder's when the accident occurred because post‐shift drinking and marijuana use was a customary incident of Derksen's employment. During the course of her work, Derksen had become friendly with Kimberly Byrne, Kinder's Assistant General Manager and one of Byrne's direct supervisors. On July 24, 2018,...

Excerpt: ... indemnity, (6) equitable indemnity, (7) declaratory relief, (8) intentional misrepresentation, and (9) negligent misrepresentation. Defendant demurs to all Plaintiff's causes of action for pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests the Court take judicial notice of several documents from the Superior Court of...

Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...

Excerpt: ...��8.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/24/2022 3 The easement is known as “S‐3 Access Condition” and includes the following language: “private right‐of‐way easement shall be left open for pedestrian access between Happy Valley Road and Glen Road”. (TAC ¶7.) The easement route is sometimes called “the Dips” and members of the public “regularly and continuously” use...

Excerpt: ...(“Plaintiff”) filed its verified complaint on August 29, 2016. Francine McMahon (“Defendant”) filed an answer thereto on October 5, 2016. In accordance with California Code of Civil Procedure section 583.310, an “action shall be brought to trial within five years after the action is SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/17/2022 19 commenced against the defendant.” (CCCP § 583.31...

Excerpt: ...in its entirety. Background On May 18, 2020, plaintiffs Genevieve Carlon, by and through her guardian ad litem, Lisa Carlon and Lisa Carlon, individually, filed a civil complaint alleging causes of action against defendants for elder abuse, negligence, violation of statutory rights and negligent infliction of emotional distress. The complaint alleges that 86‐year‐old Genevieve Carlon was a patient at Promedica Skilled Nursing and Healthcare (...

Excerpt: ...bbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for breach of written and oral contract, conversion, money had and received, unjust enrichment, and intentional interference with contractual relations. The complaint alleges a contractual relationship in which it was to supply 80 HDS Stack Sintering Stands (at times referred to as “stands,” “frames,” “kilns,” or “units”) to Bloom Energy...

Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...

Excerpt: ...intentional interference with contract (Leal individually); (7) (omitted); and (8) intentional interference with contract (Leal individually and as Trustee). Defendant demurs to Plaintiff's seven causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part, with leave to amend. Request for Judicial Notice Defenda...

Excerpt: ...s denied. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. 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 actin...

Excerpt: ...ittsburg Police Officer Dillon Tindall (named in the FAC as "Tindle"). (FAC ¶¶ 11‐18.) Pittsburg Police Officer Jesus Arellano, also named as a defendant, was present during the encounter between the police and Terry Amons at Terry Amons' vehicle. (FAC ¶ 15.) The FAC alleges one cause of action for wrongful death based on negligence by Officers Tindall and Arellano for which Plaintiffs allege the City of Pittsburg is vicariously liable. Plai...

Excerpt: ..., is overruled in part and sustained in part, with and without leave to amend. The Sutter Defendants' Motion to Strike Punitive Damages Allegations is granted. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations ...

Excerpt: ...irst Amended Complaint. The FAC alleges three causes of eight causes of action: violations of Civil Code Sections (1) 2924.11; (2) 2923.7; and (3) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). For the following reasons, Defendants...

Excerpt: ...alley Retreatt”) and Plaintiff Anthony LoForte, Sr. (“LoForte”) (collectively, “Plaintiffs”)'s Complaint for (1) professional negligence, (2) misrepresentation, (3) breach of fiduciary duty, (4) concealment, (5) breach of contract, (6) injunctive relief, and (7) declaratory relief. Defendants move on the grounds that Defendant Yaroslav Boston (“Boston”) was not acting as agent of Mid‐Century or Truck when he procured insurance cov...

Excerpt: ...e Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 1, 2023. The case management conference presently set for November 29, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 25, 2023. The parties shall include with SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 their case management c...

Excerpt: ...2, and had accrued 27 years of service credit. On SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 December 15, 2015 he pled no contest to a single charge of felony violation of Penal Code §§ 503‐ 508, based on misconduct arising out of the performance of his official duties. His pension benefits were adjusted pursuant to Government Code 7522.72 following the felony conviction. Petitioner s...

Excerpt: ...g reasons, Defendant's Motion is granted as set forth below. Plaintiff's motion is denied. Procedural Background This matter involves a medical malpractice action wherein Plaintiff Jerry D. Smith (“Plaintiff”) alleges that Defendant Grace 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 Partie...

Excerpt: ... the Court's ruling on the first demurrer, a detailed account of the facts, as stated in the original complaint, was provided. It need not be repeated here. In sum, this case was filed by plaintiff, Frank Souza, who was the tenant of former property owner, defendant Stephen W. Yatsko. Plaintiff claims he had continuing tenancy rights pursuant to an amended lease at the time Sandhu Defendants purchased the property. The Court partially sustained a...

Excerpt: ...ings suit to recover investments allegedly procured and converted by defendant Kevin Hampton through his fraudulent actions as the agent and co‐conspirator of the named co‐defendants, including cross‐complainants Michael Coleman III and Coleman Property Holdings, LLC. Abrahams' Fourth Amended Complaint (“4th AC”) alleges a fraudulent real estate scheme through a network of LLCs, which involved shifting debt from one property to another ...

Excerpt: ...helle Barker and Stuart Barker bring this special motion to strike the First Cause of Action for Breach of Contract in the Willlsons' Cross‐Complaint. Procedural Issue The Willsons claimed to have filed their original Cross‐Complaint on February 8, 2022. Pleading is filed‐stamped “February 9, 2022.” The Barkers filed their antiSLAPP Motion (to the original Cross‐Complaint) on March 2, 2022. The Willsons claim, coincidentally, that the...

Excerpt: ...ated at 59A Saddle Road (Parcel B) in Walnut Creek. Defendants James Willson and Monique Willson are the owners of real property located at 59 Saddle Road (Parcel A). The Barker Property and Wilson Property share a driveway and property line at the Willson Property's southern border. Plaintiffs allege Defendants trespassed on their property on two occasions. Plaintiffs further allege Defendants fraudulently induced them into signing an Easement M...

Excerpt: ...SE COURT CALENDAR FOR MAY 16, 2022 DEPARTMENT 18 JUDGE DANIELLE K DOUGLAS Factual Background: On or about March 7, 2018, Plaintiffs Shiamalee Perumal and Shyam Sunter (collectively “Plaintiffs”) and defendant Mayari Development, LLC entered into 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...

Excerpt: ...rvice of Summons as to Defendant G.C. Block Investment.com, LLC (“Defendant” or “G.C. Block”) was filed on October 4, 2019. Thereafter, on November 15, 2019, default was entered against G.C. Block. After providing additional documentation regarding alleged damages, a money judgment was entered on December 1, 2019 awarding $563,740.50. Defendant filed the instant motion seeking to set aside the default judgment on April 11, 2022. Standard ...

Excerpt: ...t Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Defendant demurrers to all five causes of action on the basis that the court lacks jurisdiction over the subject matter of each cause of action as the proper venue is the family law court before which the parties' divorce is currently pending. (CCP §430.10(a).) Additionally, Defendant moves to strike the portion of the Prayer in the Complaint...