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: ...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: ...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: ...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: ... 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: .../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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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...