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Location: Contra Costa x
Judge: Mockler, Terri x
2024.05.01 Motion to Transfer Venue 210
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...nsferred to Santa Clara County. Any costs associated with the transfer are to be shared equally between the plaintiff and the defendants. Statement of Facts This action involves a dispute related to Defendants' work on the Vasona Creek Trail in Saratoga, Santa Clara County, California. Plaintiff Storesund Construction, INC. emailed Defendants on or about May 27, 2022, to discuss performing some paving and concrete flatwork on the Vasona Creek Tr...
2024.05.01 Motion to Strike 089
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...December 11 , 2021. (¶ 13-16.) Mr. Castillo and his son, Diego, were taking the certification course through Defendant Anchor Shack Dive and Travel LLC (“Anchor Shack). Moving Defendant John Froehlich was the Director of Training for Anchor Shack and one of the instru ctors during the dive at issue. (¶ 7.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 Pri...
2024.05.01 Motion to Dismiss Portions of Complaint 090
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...e on December 1 1, 2021, which resulted in his death. (¶ 14- 17.) This matter is brought by two of his surviving children. It is worth noting that there is another lawsuit brought against these same Defendants on behalf of his son Diego (Case No. C23 -03089). The SUPERIOR C OURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 operative facts of the two Complaints are nearly i...
2024.05.01 Motion to Compel Further Responses 963
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...ff opposes bo th motions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 For the reasons set forth below, both motions to compel are denied. Background During the late evening h ours of October 1, 2019, the plaintiff, Melanie Knight, was crossing Kirker Pass Road in Concord in an unlit area, not in a crosswalk, and she was carrying bags of groceries. At the sam...
2024.05.01 Motion for Summary Judgment 165
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...ate Sta tement of Undisputed Material Facts, hereinafter “SSUMF,” Fact Nos. 1 and 3, and plaintiff's responses.) The City contends the location of the injury is a public trail while plaintiff purports to dispute this fact. (Ibid.) On June 10, 2021, plaintiff file d her complaint against the City. The complaint alleges causes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING D...
2024.05.01 Motion for Leave to File FAC 098
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...edural Backgr ound SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 05/01/2024 This case involves personal injury claims by Plaintiff Carl Prewitt related to his work as an automotive mechanic an d service station operator at the Eastwood Texaco in Birmingham, Alabama from 19752003. During that time, Mr. Prewitt was exposed to benzene and benzene - containing substances whi...
2024.05.01 Demurrer to FAC 034
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...years old at t he time, was admitted to John Muir Medical Center where defendants “negligently and carelessly” provided care for Katrina, causing her death. (FAC, ¶¶10, 19.) Though Katrina died on March 10, 2016, plaintiff alleges that she was not aware of the negligence until December 2022, when The San Francisco Chronicle contacted her to request interviews regarding her daughter's treatment and procedures performed by defendant's staff w...
2024.05.01 Demurrer to FAC 025
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.05.01
Excerpt: ...nded compl aint. Background Plaintiff Melisha Matlock filed this habitability action arising from her tenancy at an apartment complex at 3400 Richmond Parkway in Richmond on August 16, 2023. The defendants are GuardianKW Hilltop, LLC (Hilltop), FPI Management, Inc. (FPI), and Yaquelin Reyes (Reyes). Hilltop answered the complaint. FPI filed a demurrer and motion to strike punitive damages allegations. The court sustained FPI's demurrer and gran...
2024.04.24 Motion for Summary Adjudication 851
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.24
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...
2024.04.24 Demurrer to Amended Complaint 810
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.24
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: (...
2024.04.17 Demurrer to FAC 395
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
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...
2024.04.17 Demurrer to FAC 834
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
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...
2024.04.17 Motion for Summary Judgment 165
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
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...
2024.04.17 Motion for Terminating Sanctions 438
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.17
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...
2024.04.10 Motion to Compel Further Responses, for Sanctions 435
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.10
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...
2024.04.10 Motion to Compel Arbitration 347
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.10
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...
2024.04.03 Special Motion to Strike 575
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.03
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...
2024.04.03 Motion to Strike 833
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.03
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...
2024.04.03 Motion to Compel Further Responses, for Sanctions 961
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.04.03
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...
2024.03.27 Motion to Compel Further Responses, for Sanctions 391
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
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...
2024.03.27 Motion to Compel Further Responses 974
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
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. ...
2024.03.27 Motion to Compel Discovery Responses 568
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
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...
2024.03.27 Demurrer to FAC 295
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
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...
2024.03.27 Demurrer 436
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
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...
2024.03.20 Motion for Summary Judgment, Adjudication 401
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.20
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...

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