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...

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: ...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: ...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...