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...

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...

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...

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...

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...

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...

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...

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...

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: ...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: ...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: ...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: ... 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: ..., 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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...

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: ...ersonal legal representative and successor -in -interest, Essie Bracknell, and Essie Bracknell, individually, ("Plaintiff/Plaintiffs") filed this action against Defendants Orinda Care Center, LLC, Renew Health Group, LLC, Larry Goldfarb, Crystal Solorzano, ("OCC"), Michael Sorace, Sonya Kolinsky, and John Bracknell alleging claims for: (1) elder abuse and neglect in violation of California Welfare and Institutions Code §§ 15600...

Excerpt: ...OR COURT OF CA LIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/06/2024 attorney fees and costs. Background and Procedural History On August 10, 2023, plaintiff David Taylor, Sr. (“Taylor”) filed this actio n against his employer, defendant United Parcel Service, Inc. (“UPS”), and his former co -worker, defendant Anthony Romero (“Romero”). The complaint alleges that Romero enga...

Excerpt: ...personal l egal representative and successor-in -interest, Johnny Silva, and Johnny Silva, individually, ("Plaintiff/Plaintiffs") filed this action against Defendants Orinda Care Center, LLC, Renew Health Group, LLC, Larry Goldfarb, and Crystal Solorzano ("OCC"), alle ging claims for: (1) elder abuse and neglect in violation of California Welfare and Institutions Code §§ 15600, et. seq.; (2) violations of patient rights pursuan...

Excerpt: ...at M arina Bay Community Association. Factual and Procedural Background: Plaintiff filed her complaint in this matter on February 10, 2022. The Complaint identifies the Parties as neighbors, with Defendants Long Nguyen and Tran Ta (“Defendants”) living in the condominium located directly above Plaintiff's. Both properties are located in the Shores at Marina Bay Community Association (“Shores HOA”) and are subject to its Covenants, Condi...

Excerpt: ...ed Co mplaint (“SAC”). Factual Allegations and Background This matter pertains to issues arising from the purchase and sale of real property located at 205 Glorietta Boulevard in Orinda, California (the “Property”). Plaintiffs purchased the Property in August 2021. Escrow closed in October 2021. Defendant Filo Real Estate, Inc. dba Realty One Group Complete (“Realty One”) served as Plaintiffs' real estate agent and broker for the tran...

Excerpt: ...s consolid ated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." (CCP § 1048(a).) Under California Rules of Court, rule 3.350, a notice of a motion to consolidate must: (A) list all named parties in each ca se, the names of parties who have appeared, and the names of the parties' respective attorneys of record; (B) contain the captions of all cases sought to be consolidated, wit...

Excerpt: ...epresentation ; and (4) negligence. Cross- Defendant demurs to each of the causes of action. On the same date Calicraft filed its opposition papers, it also filed a Request for Dismissal of the false promise and negligent misrepresentation causes of action. As such, th e Court will only address the demurrer with respect to the concealment and negligence claims. Mr. Cormier's demurrer is sustained with leave to amend for the reasons set forth be...

Excerpt: ...o comply w ith mandated reporter law, (7) concealment, and (8) negligent misrepresentation. Defendants demur to Plaintiff's cause of action for (2) breach of contract and (4) IIED pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. As a threshold issue, the meet and confer in this case does not meet with the technical requirements of CCP § 430.41(a), which requires that “the demurring party shall meet and confer in...

Excerpt: ... to strike are gran ted. Considering plaintiff has had multiple attempts to allege the requisite facts, the demurrer is sustained without leave to amend. Should plaintiff have any facts that she could plead to remedy the deficiencies herein, she may come to the hearing prepa red to present those facts and, ideally, include them in any request to contest this tentative. Otherwise, defendants shall file their answers on or SUPERIOR COURT OF CALIF...

Excerpt: ...ty to e nforce all its conditions for the development of that specific property. The defendant City of Lafayette opposes the petition on the bases that plaintiff did not exhaust her administrative remedies and that the court is without authority to order the City to remove structures already built as such an order violates the rights of the property owners at 4069 Happy Valley Road. For the reasons et forth below, the court denies the petition f...

Excerpt: ...iracy and alter ego theories. (Notice of Demurrer p. 2: 1 -11.) For the following reasons, the Demurrer is overruled as to the breach of written contract and voidable transfer causes of action and sustained as to the breach of oral contract, concealment(fraud) , promissory estoppel, and unjust enrichment causes of action. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their demurrer in detailing thei...

Excerpt: ...�l ed these two motions to compel further responses to special interrogatories and to compel further production of documents, Set 2, on September 25, 2023. Defendant One Gro, Inc. filed its opposition on January 31, 2024. Background Plaintiff Island Breez e Systems CA LLC and One Gro., Inc., an Oregon corporation doing business as One Gro Investment Group, entered into a series of agreements beginning in May 2017 and culminating in a Service Agr...

Excerpt: ...dant H inton for a noticed deposition; 4) failed to produce defendant Khawaja for noticed deposition; and 5) failed to produce Doordash's representative for a noticed deposition. Defendant Doordash filed an Opposition on February 5, 2024, which, as plaintiff points out, is several months after the motion was served on Defendant Doordash. In his Reply to Doordash's “untimely” opposition, plaintiff urges the court not to consider it at all. Th...

Excerpt: ... (ref erred to in motion pleadings as Rosa Torres Casinelli and referred to herein as the "Driver") when that vehicle made a left turn from Moraga Way onto Coral Drive and struck her in the intersection. (Compl. ¶ 7; City's Separate Statement ("SS") of Undispute d Material Facts ("UMFs"), UMF Nos. 37 -43, 45- 47, 50.) Among other things, Plaintiff contends that vegetation created shadows over the bike lane that contri...

Excerpt: ...t hereby gra nts the motion, in part, on the ground that the City is entitled to design immunity. Discussion Factual Background Plaintiff filed a Complaint for Damages on July 1, 2022 against defendants Ryan James Richins, Stacy Dawn Richins, State of California, Count y of Contra Costa, City of Brentwood, and Does 1 -50, inclusive. Therein, Plaintiff alleged two causes of action: (1) Negligence and (2) Government Liability: Government Code sect...

Excerpt: ...PP special motion to strike is denied and the demurrer sustained without leave to amend. I. Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 02/07/2024 Plainti
¯, Michael Giu
¯rida is a surgeon who worked or deendants, Vivek Bansal, MD, and Vivek Bansal MD, Inc. (“deendants” or “Bansal”). Ater the relationship ended, plainti
¯ sued deendants or w...

Excerpt: ...cate the premises after being served with three-day notices in June 2023. Plainti
¯ owns a condo in the area known as Alamo Bridge. Plainti
¯ rented out the condo to the defendants in July 2018 and the lease was renewed at least two times after that. Defendants signed a Lease Agreement which speciÞcally referenced the Alamo Bridge Home Owners Association's (HOA) CC&Rs and its rules. The defendants signed the lease and acknowledged the requirem...