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...

Excerpt: ...ars, Kela Spears, Olajuwon Spears, Shante Ray Jackson, LaShanda Ray, and Latondiwe Hasty (collectively, the “BeneÞciaries”), in a Wills and Trust case Þled in Contra Costa County (Case no. P21-00824). (¶ 10.) The matter pertained to a Trust established by the parents/grandparents of the BeneÞciaries – Willie L. Spears St. and Bobbie Jean Spears. (Ibid.) In accordance with the BeneÞciaries engagement agreement with Plainti
¯ (the “Ag...

Excerpt: ... and Fair Dealing (Second Cause of Action), 3) Retaliation/Wrongful Termination (Third Cause of Action), 4) Disability Harassment (Fourth Cause of Action) and 5) Intentional Interference with a Contract or Prospective Economic Advantage (Seventh Cause of Action). Miller concedes that she cannot maintain her claim for disability harassment but opposes the motion as to the remaining causes of action. Millers request for judicial notice is granted ...

Excerpt: ...s Motion or Reconsideration o the Court's (1) November 9, 2023 Order Denying Motion or Order Granting Leave to File a First Amended Complaint and (2) November 9, 2023 Order Granting Motion to Seal and Issue a Protective Order is denied. Background The court heard argument on Plainti
¯'s Deborah Johnson's Motion or Leave to File a Þrst Amended Complaint and Deendant's Northgate Homeowner Association's Motion to Seal and Issue a Protective O...

Excerpt: ...ublic easement (referred to as the "CutThrough") over a portion of a residential property located at 2354 Alameda Diablo in Diablo to which defendant U.S. Bank obtained title by foreclosing on its deed of trust secured by that property (the "US Bank Property"). Defendant Bart Wooten is the owner of an undeveloped lot ("Wooten Property") adjacent to the US Bank Property. (Compl. ¶ 4.) They allege the Cut-Through is an easement over a strip of lan...

Excerpt: ...ic's separate statement does not comply with Cal. Rule of Court 3.1350(f)(2) because it does not contain a statement as to whether each UMF in Cutting Edge's Separate Statement is disputed or undisputed. The Court was able to determine, however, that Republic does not dispute any of Cutting Edge's relevant material facts by looking to both Republic's "Objections to Separate Statement" and its own separate statement. Cutting Edge's Request for Jud...

Excerpt: ... Construction Co. ("General Contractor") to perform masonry work at a residential construction project in Alamo (the "Project"). (Def. Separate Statement ("SS") of Undisputed Material Facts ("UMF") 5, 6, 8, 9, 62, 63, 65, 71.) Defendant Albert D. Seeno Construction Co., Inc. ("Manager") is the managing member of the General Contractor. (UMF 52, 66.) Dominguez alleges he was seriously injured when he fell from scaffolding while he was installing d...

Excerpt: ... fifth cause of achon for violation of Labor Code section 2802 based on the Firm's alleged failure to reimburse expenses he claims he is owed. Plaintiff moves for summary adjudication of the fifth cause of action. The motion is not opposed. Legal Standards for Ruling on Defendant's Mohon for Summary Judgment Under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there i...

Excerpt: ... complaint on August 15, 2023 alleging the following causes of action arising from her tenancy at an apartment complex located at 3400 Richmond Parkway, in Richmond: (1) tortious breach of the implied warranty of habitability; (2) breach of the covenant of quiet enjoyment; (3) contractual breach of the implied warranty of habitability; (4) breach of contract; (5) retaliation in violation of Civil Code secton 1942.5; (6) private nuisance; (7) prem...

Excerpt: ...IA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 (925)508- 1127 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 01/17/2024 John Muir Health ("JMH") and John Muir Health Foundation, seeking compensation for the injuries she sustained from the fall. Legal Standards for Ruling on Defendant's Motion for Summary Judgment under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that...

Excerpt: ...egligence; (3) Negligent Misrepresentation; and (4) Negligence. A demurrer to the complaint was partially sustained and plaintiffs filed a First Amended Complaint ("FAC") with the same causes of action and substantially the same facts. Plaintiffs allege an oral contract by which they retained SDE to visually evaluate framing in the attic of a home they sought to purchase prior to closing escrow. (Index of Evidence in Support of Motion, Amended Co...

Excerpt: ...party September 28, 2023. Non-party Brothers Smith opposes primarily on the basis that the motion to compel is untimely under Code of Civil Procedure 2025.480 and that plaintiff has not complied with the meet and confer requirement of Code of Civil Procedure 2016.040. For the reasons stated below, plaintiff's motion to compel is granted in part. The litigation in this matter has been going on for years. Plaintiff is the former spouse of defendant...

Excerpt: ...he complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent" of the...

Excerpt: ...e motion is denied, as discussed below. Relevant Background Plaintiffs are a group of landowners who contend they are entitled to reformation of their deeds because their deeds do not include certain adjacent land that should have been included. Two of the plaintiffs, Greg and Jennifer Jerum, purchased 523 Santa Fe Avenue, Richmond, from the moving defendant, First Group, in March of 2018. (Separate Statement of undisputed Material Facts, hereina...

Excerpt: ...d. Overview of Complaint 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). (q 10.) The matter pertained to a Trust established by the parents/grandparents of the Beneficiaries — Willie L S...

Excerpt: ...a notice of application and hearing; and (3) a copy of the application and any affidavit in support thereof. (CCP S 512.030.) The file reflects service of the summons, complaint, notice of application, and application upon Defendants Amandeep Singh and NAVI Transport, Inc.. As a result, the court addresses the merits of the applications. Pursuant to CCP section 512.010(b), the application must be submitted under oath and include: (1) Plaintiffs b...