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: ...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: ...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: ... 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: ....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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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 ...