Excerpt: ... denied. Sta tement of Facts The parties entered a sale and service Agreement whereby Defendants sold, and were to install, a commercial generator at Plaintiff's business location in Richmond, CA. (Complaint ¶ 11.) Plaintiff alleges that Defendants delivered the gener ator but failed to acquire the required hardware necessary to energize the generator. (Complaint ¶ 16.) Plaintiffs also allege that an express condition precedent to Plaintiff's p...

Excerpt: ...and 32 25 Clayton Road in Concord. (See SSUMF, Nos. 1 -2, and responses by defendants.) At least according to plaintiff, the work was performed pursuant to two contracts with then -owner, Hidden Glen, LLC and Kevin Hunter, a principal of Hidden Glen. (Ibid.) The Fi rst Contract, allegedly entered into in August of 2018, stated plaintiff would provide labor services, equipment and materials for 31 framing, rough electrical and mechanical work asso...

Excerpt: ...ry 21, 2021, Plaintiff submitted a proposal and was awarded a contract (“Contract”) as a general contractor for the construction of a car wash located on the commercial properly commonly referred to as 1755 Market Street, Concord, CA (APN's 128- 021-022, 128- 021 -024, 128- 033-027) (hereinafter “Project” or “Subject Property”). Defendant One Nine is and was the owner of Subject Property at that time. After Defendant One Nine fell...

Excerpt: ..."Decedent") who died on July 27, 2022 . (Third Amended Complaint ("3AC") ¶ 2.) The 3AC attaches a "Second Declaration of Amaal Kozicki, re CCP § 377.32" in support of Plaintiff's alleged standing. Plaintiff alleges she is "the intestate heir [of Decedent] whose interest is affected" by the act ion, "but for" the defendants' allegedly unlawful conduct. (3AC ¶ 3 and Exh. A [Kozicki Decl. ¶¶ 3 -7 ...

Excerpt: ... second cause of actio n is sustained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (2AC ¶¶ 11. 17, 18.) He alleges he suffers from trigeminal neuralgia as a result of the p rocedure which causes him severe pain that will require prolonged medical treatment and medication to control. (2AC ¶¶ 32 -38.) Plaintiff alleges causes of action fo...

Excerpt: ...Society, FSB, as t rustee for Verus Securitization Trust 2020 -1; NewRez LLC f/k/a New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing (collectively, “Defendants”) for (1) violation of Civ. Code § 2923.6; (2) breach of contract; (3) breach of covenant of good faith and faith dealing; (4) violation of Bus. & Prof. Code § 17200; (5) cancellation of instruments; and (6) declaratory relief. Before the Court is Plaintiff's Motion for prel...

Excerpt: ... B ernice Robertson, individually and as Trustee of the Bernice Robertson Exempt Trust. For the reasons set forth, the motion is granted in part. The dismissal shall be vacated, and the Court will enforce the Settlement Agreement by entry of a judgment under Code of Civil Procedure section 664.6 pursuant to the terms of the Settlement Agreement. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) The motion is denied to the extent Petitioner seek...

Excerpt: ... and comme rcial space. As part of this process, ROEM needed an easement agreement with the neighboring property (at that time it belonged to the Smiths). On August 2, 2016, ROEM and the Smiths executed an easement agreement, which addressed parking and provided for reciprocal public and emergency vehicle access. (Comp. ¶8 and ex. A.) The easement was recorded in 2017. (Comp. ¶11.) In 2019, the Smiths sold their property to Windmill Farms and H...

Excerpt: ...rtment offic ers responded to a report that a vehicle had driven into a ditch. (Administrative Record (“AR”) 9.) On arrival, Officer Culberson observed petitioner's Acura SUV wedged between a fence and the street. (Ibid.) Upon making contact with petitioner, Officer Cu lberson observed objective signs of intoxication, including the odor of an alcoholic beverage, and petitioner's slurred words, and unsteady balance. (AR 9.) Petitioner expresse...

Excerpt: ...Brentwoo d and the City Council for (1) violations of CEQA, (2) violations of the general plan, (3) due process pursuant to 42 U.S.C. § 1983, (4) injunctive relief, and (5) declaratory relief. The real party in interest is Costco Wholesale Corporation. In general, the petition raises issue of CEQA compliance as to a project that Costco proposes to develop in Brentwood. Respondents and Real Party bring this motion to dismiss Discovery Builders, a...

Excerpt: ...ailing party. In stead, they expressly provided that such fees and costs could be sought by a noticed motion. This is that motion. Plaintiff's motion for attorney's fees and costs is granted, but only to a limited extent. Plaintiff is awarded attorney's fees in the amount of $10,687.50, and costs in the amount of $508.61. Background, Litigation, and Settlement Plaintiff alleged that he bought a new 2017 Chevy Silverado. Without going into (now) i...

Excerpt: ...eaches different results as to the several demurrers filed. The demurrers by California Burrito #1, Inc. through California Burrito #12, Inc. are sustained without leave to amend, but without prejudice to plaintiffs filing the required motion for leave. The motions to strike by these defendants are denied as moot. The demurrers as to California Burrito #13, Inc., California Burrito #14, Inc., and California Burrito #15, Inc. are sustained with ...

Excerpt: ... reque sted a stay of suspension, which was granted on November 16, 2023. As explained below, the writ of mandamus is denied. Factual Background The following facts have been ascertained from the administrative record filed with the court in support of the writ petition. The administrative record consists of an initial police report, petitioner's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI...

Excerpt: ... a Certified P ublic Accountancy ("CPA") firm founded in 2006. (Compl. ¶ 10.) RP alleges it hired each of the defendants as at will employees in a time frame ranging from 2006 to 2013. (Compl. ¶¶ 11 -13) The owners of RP with equity interests in the firm are Sharon Rubens , Linda Martins and Lisa Martin. (Compl. ¶¶ 1, 20.) RP alleges that it entered into negotiations with each of the defendants beginning in 2020 by which each woul...

Excerpt: ... court ordina rily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” (OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141 quoting People v. Bell (1984) 159 Cal.App.3d 323, 329.) As the U.S. Supreme Court “explain ed, ‘the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort ...

Excerpt: ...mplaint against defendants Diablo Country Club (DCC) and Diablo Community Services District (District) alleging the following causes of action: (1) Inverse Condemnation; (2) Trespass; (3) Nuisance; (4) Injunctive Relief; (5) Negligence –Government Code Section 815 .2(a); and (6) Negligence. Plaintiffs' complaint concerns damages to their home at 208 Fairway Drive in Danville, California (the "Property") arising out of a flooding event ...

Excerpt: ...a (th e “Property”). Prior to the purchase of the Property by Plaintiff in September 2016, Defendant KRBC, LLC “was the owner and developer of the new construction on the 15 Property,” as well as some of the surrounding area. (¶ 15.) Defendant Bradley Candau, w ho was a member of KRBC, served as the broker, KRBC's listing agent, and the authorized representative of KRBC (the seller of the Property) for the transaction. (¶ 19.) As part o...

Excerpt: ...en business tort relate d cause of actions. For the following reasons, the Demurrer is sustained as to the Breach of Contract Against Gary Johnson, and Violation of Business and Professions Code §§ 17200 et seq. causes of action and overruled as to the remaining causes of actio n. Meet and Confer Requirement Defendants satisfied their meet and confer requirement regarding their Demurrer in detailing their meet and confer efforts with Plaintiff...

Excerpt: ...ideo confer ence with the party who filed the pleading that is subject to the demurrer….” (Cal. Code Civ. Proc. § 430.41(a) (emphasis added.) The meet and confer “shall” include a discussion of the legal support for the Parties' positions. (Cal. Code Civ. Proc. § 430. 41(a)(1).) The demurring party shall file and serve a declaration stating that either: “(A) The means by which the demurring party met and conferred with the party who...

Excerpt: ... Medic al Group, Inc.'s motion to compel arbitration and stay proceedings is continued for further proceedings. Plaintiff sued Defendants for various employment related claims. Defendants filed this motion to compel arbitration arguing that Plaintiff agreed to arbitrate her disputes during her onboarding process. (Both sides treat the two defendants, Laseraway Holdings, LLC and Laseraway Medical Group, Inc., as one entity for purposes of the arb...

Excerpt: ...3) Negligent Infliction of Emotional Distress. Defendant demurrers to the second and third causes of action. Overview of Complaint Plaintiff Daryl Merritt is the son -in -law of Defendant Andrea Merritt. (¶ 1.) Defendant is litigating a dissolution of marriage from Plaintiff's father – Ronald Merritt. (¶ 8.) Plaintiff alleges that the reason for the separation was Defendant's erratic behavior and acts of domestic violence against his father....

Excerpt: ...lusive foru m for litigation between them. For the following reasons, the motion is denied. Legal Standard In accordance with California Code of Civil Procedure § 418.10(a)(2), a defendant may serve and file a notice of motion “to stay or dismiss [an] action on the gr ound of inconvenient forum.” Upon such a motion, if in the interest of substantial justice, a court finds that an action should be heard in a forum outside California, the co...

Excerpt: ... requested a statement of decision under Code of Civil Procedure § 1291: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment … is made that is appealable under this title [Title 9, Arbitration].” A denial of a motion to compel arbitration is appealable under Code of Civil Procedure § 1294(a). Arguably the request does not comply with the requirement of § 632 that it “...

Excerpt: ...g – and it di d not review or rely upon the original Points and Authorities. Defendant's request for judicial notice is denied because the Court does not need judicial notice for documents in this docket file. Factual Background This matter concerns injuries allegedly sustained by Plaintiff Juana Thomas as a result of the “new” fare gates installed at the Richmond BART station in 2019. BART Fare Gates In 2018, the District began investigat...

Excerpt: ...its websit e it is apparently in the business of constructing foundations for swimming pools and similar features. Plaintiff Quiroz worked for defendant as a laborer from 1989 to 2020. Plaintiff Basurto worked as a lead from 2009 to 2022. The original complaint was fi led by plaintiff Quiroz as a PAGA and class -action case on March 14, 2022. It was amended later to include claims for piece rate employees. (The majority of defendants' non - exem...