Excerpt: ...s for Judicial Notice are granted. (Cal. Evid. Code § 452 (d).) For the following reasons, Defendant's Demurrer is sustained. Allegations of Cross -Complaint This matter concerns damages claims related to a flooding event that took place in January 2023 at or near the intersection of Byron Highway and Camino Diablo in Contra Costa County. The First Amended Cross -Complaint (“FACC”) alleges two causes of action against Contra Costa County: (...

Excerpt: ...ion for inverse condemnation . Defendant moves pursuant to Code of Civil Procedure (“CCP”) § 437c for summary adjudication of Top Solutions inverse condemnation claim on the grounds that Top Solutions cannot establish that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/24/2024 the service lateral serving a single residential property is a public project. For the f...

Excerpt: ..., CON TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/17/2024 The plaintiff filed this action for negligence on February 27, 2023, alleging injuries caused by an unleashed dog in Calistoga, California on June 2 1, 2021. The defendants propounded Form Interrogatories Set One, Special Interrogatories Set One, and Request for Production of Documents Set one on April 11, 2023, with responses due May 13, 2...

Excerpt: ... to th is evidence prior to a ruling on the motion. Plaintiff shall file and serve a response to this evidence, not exceeding five (5) double -spaced pages, by April 23, 2024. Background While walking for exercise, plaintiff Felicia Sonnier fell and sustained sev ere injuries on May 24, 2020. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” Fact Nos. 1 and 3, and plaintiff's responses.) The City contends the location o...

Excerpt: ...URT OF CALIFORNIA, CONTRA C OSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 04/17/2024 liability. Only the first and fourth causes of action are alleged against Defendant City of Oakley. Defendant demurs to Plaintiff's first cause of action p ursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Plaintiff's general negligence cause of action against the City is improper and the Cour...

Excerpt: ...laint Plaintiff Emeziem & Others is a law firm that represented seven individuals – Melondy Spears, Candace Spears, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “Beneficiaries”), in a Wills and Trust case filed in Contra Costa County (Case no. P21 -00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries – Willie L. Spears St...

Excerpt: ...her verified responses to Form Interrogatory 17.1 and for sanctions on January 3, 2024. No opposition has been filed to the motion. The motion to compel and request for sanctions is granted for the reasons set forth below. The plaintiff, Niyogi Linzie, filed this action on November 17, 2021, alleging premises liability and damages for injuries sustained when she tripped and fell in the parking lot at the Willows shopping center in Concord, Cal...

Excerpt: ...tion of FEHA; (3) Retaliation in Violation of FEHA; (4) Failure to Prevent Discrimination, Retaliation, and Harassment in Violation of FEHA; (5) Negligent Hiring and Retention; (6) Constructive Discharge in Violation of Public Policy; (7) Failure to Pay Overtime; (8) Failure to Provide Accurate Wage Statements; and (9) Waiting Time Penalties. Plaintiff argues that the FAA applies to the 2017 Employment Agreement because the Supremacy Clause prohi...

Excerpt: ...d Proced ural Background On January 2, 2024 Plaintiff Matthew Andrade filed this action against his employer, Defendant Pleasant Hill Recreation & Park District and Chris Petlock (whom the Complaint describes as an administrator of Pleasant Hill). The First Amended Complaint alleges age discrimination and harassment toward Plaintiff among other claims. On January 16, 2024, Defendants filed a special motion to strike allegations from the FAC rel...

Excerpt: ...rty damages and personal injuries as to defendants Asghar, as well as references in the complaint to hospital/medical expenses, general damages, and references to injuries to her person on the basis that the complaint states that the personal injury claim relate d to the impact has been settled. Defendants also move to strike requests for attorneys fees and costs since plaintiff alleges no statutory authority for such an award. The motion to stri...

Excerpt: ...poses the motion to compel but agrees to produce a privilege log. The court denies the motion to compel and the request for sanctions but does order plaintiff to serve a privilege log by close of business on May 3, 2024. The plaintiff filed this action for bre ach of contract and breach of fiduciary duty. Plaintiff is a pharmacist and she entered into an agreement with defendant Jeff Morgridge to run a pharmacy in Moraga. The defendants, allege...

Excerpt: ...s of ac tion. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/27/2024 Defendant's Request for Judicial Notice is granted. (Evid. Code § 452(c).) Defendant's Demurrer is sustained in part and overruled in part. Allegations in the Complaint In April 2020, Plaintiff 3150 Garrity Way DE, LLC entered into a written Emergency Occupancy Agreement (“Agreement”) with the Co...

Excerpt: ...ate a cause of action and on uncertainty. (See, Defendant's points and authorities p.2.) In addition, Plaintiffs filed a substantive opposition. The Court will excuse the failure to file a demurrer because the points and authorities state the basis for the demurrer. S till, the section referencing Code of Civil Procedure section 430.10 states that Defendant is challenging the complaint, not specific causes of action. Thus, if there is any vali...

Excerpt: ... acility. Ms. Lily was a resident at defendant Sunrise Senior Facility as a memory care patient from 2/12/21 to 4/1/22. She developed a severe case of decubitus while in the facility and this condition ultimately led to her death. Plaintiffs filed a wrong ful death, elder abuse, and negligence action in September 2022. Presently, plaintiffs have filed seven separate motions to compel. For the reasons stated below, all seven motions are denied. ...

Excerpt: ...Counsel for plaintiff agreed to file supplemental responses. Plaintiff's counsel did serve supplemental responses on the defense on December 22, 2023. Plaintiff's counsel was served with this motion to compel on December 28, 2023. Defense counsel concede s in an email dated January 19, 2024, that the amended responses “satisfy her” and states she will file a declaration with the court to this effect. As of March 15, 2024, no such declaratio...

Excerpt: ...nfident ial legal and business analyses that would jeopardize plaintiffs' rights in this contractual dispute between plaintiffs, as tenants, and defendant, as the landlord. For the reasons laid out below, the motion is denied. Background This motion is in the c ontext of a Second Amended Complaint (SAC) alleging three causes of action: 1) declaratory relief; 2) reformation of contract for mistake, fraud and in equitable conduct; and 3) reformati...

Excerpt: ...of contract (against Gomez), (2) misappropriation of trade secrets, (3) conversion, (4) unjust enrichment, (5) breach of fiduciary duty (against Gomez), (6) aiding and abetting breach of fiduciary duty (against Gold Star), (7) intentional interference with prospective economic advantage, (8) breach of covenant of good faith and fair dealing (against Gomez), and (9) unfair business practice (against Gold Star). Gomez seeks summary adjudication a...

Excerpt: ...o s ustain serious injuries. According to her declaration in support of this motion, after she fell she was taken to the emergency department of Kaiser in Walnut Creek. She was diagnosed with zygomaticomaxillary complex fractures and orbital floor fractures, along with bruising to her right shoulder, shattered teeth, a concussion and neck pain. She continues to have problems related to the injuries. These include face numbness; painful mouth, te...

Excerpt: ...n June 2022, Kruse filed this lawsuit seeking $308,642 for unpaid work. A first amended complaint was filed in November 2022. Thompson Builders filed this motion to compel arbitration on December 21, 2023. “ ‘ “ ‘[T]he threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' ” ' [Citations.] … This initial issue also reflects the very plain principle that you cannot compel i...

Excerpt: ...onsumer W arranty Act, Civil Code § 1791, et seq., fails to state facts sufficient to constitute a cause of action. (MTS p. 2: 3 -5.) 2. The claim for violation of the Magnusson -Moss Warranty Act, 15 U.S.C. § 2301, et seq., fails to state facts sufficient to consti tute a cause of action. (MTS p. 2: 6 -8.) 3. The claim for breach of express warranty under California Commercial Code, Cal. Com. Code § 2103, et seq., fails to state facts suffici...

Excerpt: ...Plaintiff Jaime Gonzalez Santiago alleges he was injured on June 9, 2022, while working for Defendant Georgia Langsam's horse breeding facility. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 0 3/13/2024 On June 7, 2023, Plaintiff filed an Application for Adjudication with the WCAB alleging injury on June 9, 2022, resulting from his employment with Defendant. On August 2...

Excerpt: ...aratory relief. Only th e first and third causes of action are alleged against the Kristons. For the following reasons, the motion for summary judgment is granted. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. 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 sep...

Excerpt: ...UPERIOR CO URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/13/2024 from Plaintiff Region Bank's predecessor in interest. Plaintiff now moves for summary adjudication as to its first cause of acti on for breach of the promissory note by Defendant Susan Hyde. Standard Summary adjudication is proper if all the papers submitted show that there is no triable issue as to any material f...

Excerpt: ...pecialis ts over the years, she has undergone MRIs, Xrays, CT scans, and physical therapy. She has been deposed and she attended a physical examination by a defense retained expert on March 25, 2021. Plaintiff's medical records, disclosed to the defense long ago, r eflect on-going neck and disc issues. At her deposition on December 10, 2020, she testified she had on- going problems with her neck and discs. At the defense- requested medical exam...

Excerpt: ...uisance. Defenda nts' Demurrer is sustained with leave to amend as detailed below. Plaintiff's counsel is ordered to appear whether or not Plaintiff contests this tentative ruling. Order to Show Cause Before getting into the merits of the Motion, the Court must address th e conduct of Plaintiff's Counsel – Mr. Ilan Janfaza - during these early stages of this matter. This motion was originally set for hearing on February 7, 2024. The Court conti...