Excerpt: ...rden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the Tech‐Bilt] factors as to be inconsistent with the equitable objectives of the stat...

Excerpt: ...ure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $25,000. This is composed of attorney's fees of $8,333. (onethird of the recovery), and a PAGA penalty of $16,667, of which $12,500.25 will be forwarded to the LWDA and $4,166.75, to be distributed to the aggrieved employees. Plaintiff also entered into a separate settlement of his individual claims, which is confidential. Counsel's motion ...

Excerpt: ...ve class consists of employees who directly provide those services. For the Court's October 20, 2022, calendar, the Court issued a tentative ruling identifying certain issues as to which it requested supplemental briefing. Plaintiff has now provided that information. A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated t...

Excerpt: ... process (FEHA), (4) failure to prevent discrimination (FEHA), (5) retaliation (FEHA), (6) retaliation (Labor Code section 233), (7) discrimination and retaliation (CFRA) and (8) wrongful termination in violation of public policy. Defendant's motion seeks summary judgment or alternatively summary adjudication as to each cause of action and as to punitive damages. Facts Plaintiff worked for Defendant Allied from 2007 to December 2019. (Garcia dec....

Excerpt: ...ject to “trail immunity” for which Martinez cannot be liable as a matter of law, that Martinez did not have notice of a dangerous condition, and that Martinez has no liability for any claim that it failed to provide adequate trail lighting. For the following reasons, the MSJ is granted. Evidentiary Objections None. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for decidin...

Excerpt: ...rnative, summary adjudication on plaintiffs' complaint against them. The summary judgment motion is denied. The motion for summary adjudication is granted on issues 1, 4, 7, and 9 (1st, 3rd, 4th, 5th, and 7th C/A), and otherwise denied, as discussed below. Plaintiffs also move for summary adjudication on their first through sixth, and eighth causes of action asserted against defendant. Their motion is denied in its entirety, as discussed below. I...

Excerpt: ...1 and 12 – denied in part as moot, as set forth in the ruling, and otherwise addressed in the ruling below; (c) Motion to Strike No. 3 – denied. The Court notes that the motion does not contain a Motion to Strike No. 10. Background The factual background alleged in the2AC is set forth in detail in the Court's concurrent ruling on Defendant's demurrer to the 2AC. Legal Standards Governing Motion to Strike Generally The Court may strike allegat...

Excerpt: ...bring this breach of contract action. In early 2017, Senior Living was approached by Defendant Nuance Energy Group with a proposal to install solar power systems for Plaintiffs' four buildings. Defendant Brian Boguess is the Principal and Owner of Nuance. Plaintiffs entered into the Agriculture & Commercial Installation and Limited Warranty Agreements with Nuance on September 22, 2017. The Agreements called for four milestone payments. Although P...

Excerpt: ...located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin in early 2019. Defendants/Cross‐Defendants Camille Ahern, a licensed realtor, and her broker, Pacific Union International, Inc. (“PUI”), dba Compass, listed the property. Ahern also represented the buyers. On January 18, 2019, Plaintiffs hired Cross‐Defendant Specialty Home Inspections, Inc. to conduct a non‐ invasive visual inspection of the property and ...

Excerpt: ...allege to have entered into an oral agreement with Mr. Davis (deceased) in or about 1998, whereby Plaintiffs would provide full‐time caregiving and construction services to Mr. Davis's family and the family home would be left to Plaintiff upon the Davises' deaths. The Davises placed the property into the James Wilbur Davis SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: CECILIA CASTELLANOS HEARING ...

Excerpt: ...nd a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 11/03/2022 11 unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, wa...

Excerpt: ...ants demur to the Cross‐Complaint in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendants also demur to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e).) For the following reasons, Cross‐Defendants' demur is sustained. Cross‐Complainants are granted leave to amend. Fa...

Excerpt: ...' cross‐complaint (Milway and Hansen, together “Milway”) must be given time to challenge that cross‐ complaint. In order to expedite any challenges to this cross‐complaint, the parties are ordered to meet and confer regarding any challenges to the pleadings prior to the filing of the cross‐complaint. The parties shall conduct a meet and confer pursuant to Code of Civil Procedure section 430.41 and/or 435.5 no later than November 18, 2...

Excerpt: ... the level of malice, oppression or fraud. Plaintiffs claim of right to recover punitive damages against Defendants Lafayette Oaks Associates, LP, Sack Properties LLC is denied as Plaintiffs have not properly alleged a claim for punitive SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/02/2022 Page 2 of 11 damages against the entity defendants in accordance with Civil Co...

Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...

Excerpt: ...as employed by Defendant Kinder's as a Shift Lead at the time. Plaintiffs contend that Derksen was in the course and scope of her employment for Kinder's when the accident occurred because post‐shift drinking and marijuana use was a customary incident of Derksen's employment. During the course of her work, Derksen had become friendly with Kimberly Byrne, Kinder's Assistant General Manager and one of Byrne's direct supervisors. On July 24, 2018,...

Excerpt: ...Paver Stones & Landscape, Inc., hold itself out as an expert licensed landscape contractor. On or about July 15, 2018, Plaintiffs Kevin and Erin Roth, owners of real property located at 9 Meadow Park Court in Orinda entered into a contract with Black Diamond for an extensive backyard landscape project, including retaining walls, excavation, and grading. Plaintiffs alleged that instead of doing the work, Black Diamond "subcontracted" the project o...

Excerpt: ... indemnity, (6) equitable indemnity, (7) declaratory relief, (8) intentional misrepresentation, and (9) negligent misrepresentation. Defendant demurs to all Plaintiff's causes of action for pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is overruled. Request for Judicial Notice Defendant requests the Court take judicial notice of several documents from the Superior Court of...

Excerpt: ...ly utilized by cyclists,” Grant Gibbons, his sister, and a friend, went on an “out‐and‐back” ride on the Delta de Anza Trail. While traversing a portion of the trail, Mr. Gibbons' front bicycle tire became perilously lodged in a gap between the concrete slabs on which he was riding. The dangerous condition was multiple inches deep, and covered with detritus. Mr. Gibbons' momentum was suddenly halted and he was ejected over the handlebar...

Excerpt: ... section 430.41(a) mandates that the defendant filing a demurrer to a complaint meet and confer with the plaintiff by telephone or in person at least five days prior to filing the demurrer to discuss with the plaintiff all the party's objections to the pleading. The demurring party is required to file a declaration regarding the party's compliance with this meet and confer obligation with the demurrer. Defendants failed to file a declaration refl...

Excerpt: ...es, Contra Costa Regional Medical Center, and Stephen D. Weiss., M.D. (collectively, “Respondents”). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 23 For the following reasons, the Petition is denied. Factual Background On June 17, 2021, Dr. Weiss performed exploratory laparotomy and low interior colon resection on Petitioner at the Contra Costa Regional Medical Center. (Lehman Decl. at ...

Excerpt: ...ound This action arises from a failed business partnership between Plaintiff Rajinder Singh and Defendant Gurpartap Randhawa in a trucking company called Star J. Trucking, Inc. (“Star J”). In his June 20, 2020 complaint, Plaintiff alleges he ran a successful trucking business operating out of the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 10 Port of Oakland. After Defendant Gurpratap ...

Excerpt: ... class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to pay all wages due on separation. The complaint also raised PAGA claims, which had been raised in a notice to the LWDA. The settlement would create a gross settlement fund of $...

Excerpt: ...ment This a PAGA case, alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Johnson filed his complaint October 11, 2019. On November 22, 2021, Johnson amended his complaint to add plaintiff Arreola and a claim for reporting time pay violations. action. Julian Smith filed a PAGA case against defendant in San Francisco ...

Excerpt: ...ules on the demurrer as follows: Defendant demurs to the sole cause of action for quiet title pursuant to the Code of Civil Procedure section 430.10(e) on the grounds that the First Cause of Action does not state facts sufficient to constitute a cause of action. Defendant asserts that the first cause of action for quiet title fails as a matter of law because the deed of trust (“DOT”) does not convey possession. This is correct. A mortgage or ...

Excerpt: ...t leave to amend. Demurrer to the Fifth Cause of Action (Violations of Unfair Competition Law) is overruled. Background Plaintiffs Yesenia Chavez and her family, along with six other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, bring this landlordtenant habitability case. On February 24, 2017, Plaintiffs filed suit against SEKK Investments Diane LLC, current owners of the subject ...

Excerpt: ...xtent the motion seeks dismissal of the representative PAGA claims alleged in the Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 15, 2023. The case management conference presently set for December 12, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 28, 2023. The parties shall include with their case management conference statements ...

Excerpt: ...eparate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), initially set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, raising class action claims on behalf of “all former and prospective applicants f...

Excerpt: ...nanda Alves and Gabriella DePaula Alves. Respondent's vehicle was rear‐ended and completely totaled. Gabriella DePaula Alves suffered a severe concussion for which she was treated for over a year by a neurologist. Claimant DePaula filed an uninsured motorist claim with her insurer, CSAA Insurance Exchange. Petitioner asserts that Gabriella DePaula Alves' claim was settled on June 30, 2022, for $50,000. Respondent disputes that the claim was set...

Excerpt: ...lic General Insurance Seeking Declaratory Relief That Ohio Security Insurance Company Had a Duty to Defend S.C. Anderson, Inc. on the Cross‐Complaint in S.C. Anderson v. El Capitan Holtel Merced LLC, Case 20CV‐ 01290 is GRANTED. Allegations that a contractor provided defective work do not qualify as property damage and in any case would come within the Impaired Property Exclusion. (Reg'l Steel Corp v. Liberty Surplus Insurance Copr. (2014) 22...

Excerpt: ...ly upon essentially the same facts, the Motions will be addressed together. For the following reasons, the Plaintiff's Motion is denied. Defendant EBMUD's motion for summary judgment is granted. Factual Background As the time of the sale at issue, Plaintiffs Kris Leamy (“KL”) and Robin Leamy (“RL”) (collectively “Plaintiffs”) owned property located at 4123 Happy Valley Road in Lafayette, California (the “Property”). (Plaintiffs' A...

Excerpt: ...ly Act‐Breach of Implied Warranty, Plaintiff's Third Cause of Action for Violation of the SongThe following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), fail...

Excerpt: ...tition Law (“UCL”), as stated in plaintiff's Fifth Amended Complaint, filed on June 28, 2021. Defendants' motion is granted without leave to amend. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. A. The First Cause of Action. The First Cause of Action is for an alleged HBOR violation: recording a noti...

Excerpt: ...Background The facts as alleged in the current 4AC have previously been recounted in the Court's ruling on DoorDash's demurrer and need not be repeated. In relevant part, the 4AC alleges that defendant Khawaja was a resident of the City of Vacaville, though her current whereabouts are unknown (4AC, ¶2), that Khawaja was “assigned work” by DoorDash despite her lack of fitness for such work (4AC, ¶33), and that Khawaja “regularly violates�...

Excerpt: ... Stimming. The Board is investigating the care of AV, a pregnant woman, whose baby died three days after birth, due to a congenital heart defect. The investigation was based on a complaint by a treating pediatric critical care specialist, Dr. Daniel Falco. Having been properly served, Respondent has not complied with the subpoena. The authority of the Board to issue investigative subpoenas in aid of its authority to enforce its enforcement duties...

Excerpt: ...��8.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/24/2022 3 The easement is known as “S‐3 Access Condition” and includes the following language: “private right‐of‐way easement shall be left open for pedestrian access between Happy Valley Road and Glen Road”. (TAC ¶7.) The easement route is sometimes called “the Dips” and members of the public “regularly and continuously” use...

Excerpt: ...s in need of assistance, and the putative class consists of employees who directly provide those services. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 2 A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay m...

Excerpt: ...to December 1, 2022 in Department 36. Failure to Properly Meet and Confer Before filing a demurrer, the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer….” (California Code of Civil Procedure (“CCP”) § 430.41(a) (emphasis added.) “The parties shall meet and confer at least five days before the date the responsive pleading is due.” (CCP § 430.41(a...

Excerpt: ...rriage and awarding both spousal and child support to plaintiff. On October 16, 2020, Colin Waugh died testate. On June 11, 2021, defendant Lynn L. Kampfen was appointed executor of his estate. (FAC, ¶13.) A probate action is currently pending in this County, Case No. P21‐00417. (FAC, ¶13.) Defendant Kampfen is also believed to be trustee of the Colin Waugh Trust dated May 29, 2015, which is the sole beneficiary of the estate. (FAC, ¶14.) Pl...

Excerpt: ... COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 6 is entirely separate from plaintiff's motion for preliminary approval of her other class action concerning background checks (MSC20‐00481), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020,...

Excerpt: ...ll & Bar (Walnut Creek), Food Specialists, Inc., and Valet Hospitality Services Jack London Square (“Scott's”). Both motions will be considered together. A. Background and Settlement Terms The original complaint was filed March 10, 2021, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, con‐complian...

Excerpt: ...he Fair Credit Reporting Act. (This class action concerning background checks is entirely separate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, ra...

Excerpt: ..., 8, 14, 15, 16, 18, 19, and 22. It is denied as to defenses 1, 3, 6, 9, 10, 11, 12, 13, 17, 20, 21, 23 and 24. The answers filed by Yu and Martinni are nearly identical and the parties' papers in supporting of and opposing these motions are nearly identical. Martinni did not file its own opposition memorandum, but its response to the separate statement is very similar to Yu's response to the separate statement. The evidence opposing both motions...

Excerpt: ...RC 3.1700(b)(3). Given this authority, the court considers the motion. 1. Filing fees Defendant seeks to tax $1,103.32 of the plaintiff's filing fees as unnecessary and unreasonable. The fees are all attributable to a motion to compel that plaintiff lost. Motion fees are recoverable under CCP 1033.5(a)(1) provided they are reasonable and necessary to the successful claim. See Quiles v. Parent (2018) 28 Cal.App.5th 1000, 1018. The court strikes th...

Excerpt: ...he former Human Resources Director of the City of Richmond where she worked for 15 years. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 2; Pl. Resp. to DUMF Nos. 1, 2; Pl. Addl. Material Facts ("AMF") Nos 1, 2.) She alleges the conduct giving rise to the City's alleged retaliation began in June 2019 shortly after she reported to City Manager Carlos Martinez claims by two African American employees of racial discrimination by the ...

Excerpt: ...(“Plaintiff”) filed its verified complaint on August 29, 2016. Francine McMahon (“Defendant”) filed an answer thereto on October 5, 2016. In accordance with California Code of Civil Procedure section 583.310, an “action shall be brought to trial within five years after the action is SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/17/2022 19 commenced against the defendant.” (CCCP § 583.31...

Excerpt: ...in its entirety. Background On May 18, 2020, plaintiffs Genevieve Carlon, by and through her guardian ad litem, Lisa Carlon and Lisa Carlon, individually, filed a civil complaint alleging causes of action against defendants for elder abuse, negligence, violation of statutory rights and negligent infliction of emotional distress. The complaint alleges that 86‐year‐old Genevieve Carlon was a patient at Promedica Skilled Nursing and Healthcare (...

Excerpt: ...bbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for breach of written and oral contract, conversion, money had and received, unjust enrichment, and intentional interference with contractual relations. The complaint alleges a contractual relationship in which it was to supply 80 HDS Stack Sintering Stands (at times referred to as “stands,” “frames,” “kilns,” or “units”) to Bloom Energy...

Excerpt: ...ter Construction (“Contractor”), to perform work at their residential property in Bethel Island, California. (Defs.' Separate Statement of Undisputed Material Fact [“SUMF”] No. 1.) On November 16, 2018, Owners and Contractor entered into a Short Form Prime Contract Between Owner & Contractor (the “Contract”). (Id., No. 2.) The Contract called for the construction of a garage and a new addition to the property. (Id., No.3.) Section 13 ...

Excerpt: ...intentional interference with contract (Leal individually); (7) (omitted); and (8) intentional interference with contract (Leal individually and as Trustee). Defendant demurs to Plaintiff's seven causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part, with leave to amend. Request for Judicial Notice Defenda...

Excerpt: ...) elder abuse – neglect, and (4) elder abuse ‐ abandonment. Defendant's demurrer to the Second Amended Complaint to the third cause of action was sustained with leave to amend. Defendants now demur to that same cause of action. Defendants' motion to strike the newly alleged fourth cause of action and request for punitive damages is addressed in the Court's ruling on Defendants' motion to strike. Defendants' Demurrer is sustained without leave...

Excerpt: ...ely "Kejet") to Plaintiffs' Complaint. For the reasons set forth, the Court rules as follows: (a) general and special demurrers to the fourth cause of action against Kejet and Arlaud – overruled; (b) general and special demurrers to the fifth cause of action against Kejet and Arlaud – overruled; (c) general demurrer to 6th cause of action – sustained, with leave to amend. Factual Background Plaintiffs William Husler and Karen Husler purchas...

Excerpt: ...‐Co Jong are the parents of Ailee Jong, who died during a surgery at a John Muir facility on November 12, 2019. Plaintiffs are suing the Defendants for (1) Wrongful Death based on Murder, (2) Wrongful Death based on Involuntary Manslaughter, (3) Fraud and (5) Negligence, (6) Wrongful Death based on Medical Battery. Plaintiffs are bringing causes of action 1, 2, 3 and 6 pursuant to Code of Civil Procedure section 377.60. Plaintiffs are also brin...

Excerpt: ... matter pertains to a motor vehicle accident that occurred on January 15, 2022 in front of 2100 Railroad Avenue in Pittsburg, California. According to the Complaint, Defendant Arellano caused the accident when he decided to make a right turn into the Cardenas Market parking lot at the above address. “As he attempted to turn right, defendant lost control of the PRIUS, and smashed the front of the PRIUS into the driver's door of the plaintiff's H...

Excerpt: ..., subdivision (a) provides: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon ...

Excerpt: ...exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum wage, failure to pay overtime, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to reimburse employee expenses. The settlement would create a gross settlement fund of $675,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $225,000 (one‐t...

Excerpt: ...at on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring various statutory and common law causes of action. The settlement would create a gross settlement fund of $300...

Excerpt: ...o grounds. First, Jones says that the arbitration agreement in this matter does not encompass the present dispute, because the agreement exempts PAGA actions. Second, he says that Gavriiloglou v. Prime Healthcare Mgmt., Inc. (4th DCA August 22, 2022) 2022 Cal.App.Unpub. LEXIS 805 (“Prime”) compels the Court to conclude that his PAGA action may not be divided into its constituent claims. Finally, Jones has asked the Court to stay this matter p...

Excerpt: ...e arbitration. Plaintiff's objection 1 is overruled. (Hooked Media Group, Inc. v. Apple, Inc. (2020) 55 Cal.App.5th 323, 338.) Factual Background: Plaintiff Shelley Jenkins (“Plaintiff”) purchased a 2017 Infiniti QX80 (“Vehicle”) on March 31, 2017. At the time of purchase, Plaintiff signed a Retail Installment Sale Contract (“RISC”). The RISC contained an arbitration provision. Plaintiff signed the portion of the RISC specifically agr...

Excerpt: ...2021. The Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608‐1121 HEARING DATE: 10/12/2022 alleged six causes of action: (1) Unlawful Race Discrimination; (2) Unlawful Sex Harassment; (3) Failure to Maintain Environment Free From Harassment; (4) Unlawful Retaliation; (5) Unequal Pay/California Fair Pay Act; and (6) Negligent Supervision. At the time the Complaint was filed, Plaintiff was still emplo...

Excerpt: ...ter the hearing on the demurrer by defendant Khawaja on October 26, 2022. In the event that any amended complaint follows the Court's ruling on that demurrer, DoorDash shall be permitted to respond to the amended pleading as it sees fit. If the demurrer is overruled on October 26, 2022, DoorDash must file and serve its answer by November 7, 2022. I. Background On January 31 or February 1, 2021, plaintiff's vehicle was destroyed by defendants Tara...

Excerpt: ... the Court's possible ruling is provided below so that the parties may use it as a guide for oral argument. The Court has also identified particular areas of concern and questions that the parties may wish to address during oral argument: 1) The Court would like more information on the D‐1641 standard, including how that standard relates to a 5% salinity level in water. 2) Please address whether the EIR needed to consider the impact of salt acc...

Excerpt: ...s denied. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been actin...

Excerpt: ...ittsburg Police Officer Dillon Tindall (named in the FAC as "Tindle"). (FAC ¶¶ 11‐18.) Pittsburg Police Officer Jesus Arellano, also named as a defendant, was present during the encounter between the police and Terry Amons at Terry Amons' vehicle. (FAC ¶ 15.) The FAC alleges one cause of action for wrongful death based on negligence by Officers Tindall and Arellano for which Plaintiffs allege the City of Pittsburg is vicariously liable. Plai...

Excerpt: ..., is overruled in part and sustained in part, with and without leave to amend. The Sutter Defendants' Motion to Strike Punitive Damages Allegations is granted. Background Plaintiffs are Veronica Hurtado and Angelo Fuentes, a minor, by and through his guardian ad litem, Diego C. Hurtado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations ...

Excerpt: ...irst Amended Complaint. The FAC alleges three causes of eight causes of action: violations of Civil Code Sections (1) 2924.11; (2) 2923.7; and (3) violation of California Business and Professions Code 17200 et seq., Unfair Business Practices (the “UCL”). Defendants allege that the FAC fails to allege facts sufficient to state each of the above causes of action, pursuant to California Civil Code 430.10(e). For the following reasons, Defendants...

Excerpt: ...aks, LLC (SSUMF, Fact No. 1) on the one hand, and defendant, the City of Lafayette (“City”), on the other. Happy Valley Oaks, LLC is the owner of 4123 Happy Valley Road in Lafayette, California, which includes the following Assessor's Parcel Numbers: 247‐010‐0294, 247‐010‐030‐ 2, 247‐010‐033‐6, 247‐ 010‐34‐4, 247‐010‐35‐1, 247‐010‐36‐9, 247‐010‐37‐7, 247‐010‐38‐5, 247‐010‐339‐3, 247‐ 010�...

Excerpt: ...alley Retreatt”) and Plaintiff Anthony LoForte, Sr. (“LoForte”) (collectively, “Plaintiffs”)'s Complaint for (1) professional negligence, (2) misrepresentation, (3) breach of fiduciary duty, (4) concealment, (5) breach of contract, (6) injunctive relief, and (7) declaratory relief. Defendants move on the grounds that Defendant Yaroslav Boston (“Boston”) was not acting as agent of Mid‐Century or Truck when he procured insurance cov...

Excerpt: ...emonstrating the existence of an agreement to arbitrate its dispute with plaintiff Landen Ely (“Ely”) because WCA2 had not shown that the arbitration agreement here was sufficiently similar to the agreement in Viking to compel a conclusion that Viking controlled the analysis. WCA2 timely contested the Court's tentative ruling, and the parties, represented by counsel, appeared and argued the matter. The Court solicited supplemental briefing an...

Excerpt: ...ry judgment or alternatively, summary adjudication as to defendants Jill Osur and Thomas Atherstone is denied. For the reasons stated, the hearing on the request for entry of a default judgment as to defendant Granite is continued to 9:00 a.m. on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 November 3, 2022, subject to further briefing and proof as set forth below. Background Pawnee is the ...

Excerpt: ...atter was continued more than once, another hearing was held, preliminary approval was granted on January 14, 2022. The interim steps in obtaining preliminary approval will not be discussed here. A. Background and Settlement Terms The original complaint was filed May 11, 2018. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage ...

Excerpt: ...ey's fees and a representative incentive payment. A. Background and Settlement Terms Castellanos filed the original complaint on October 13, 2020, raising a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, unreimbursed business expenses, failure to maintain payroll records, waiting time, and wage ...

Excerpt: ..., the City of Oakland, and Alameda County as defendants in her action for a breach of duty of care for her slip and fall in front of property located in the Town. On January 6, 2022, the Town sought more time to respond to the original complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 noting that they intended to file a demurrer and had been unable to have the requisite “meet and con...

Excerpt: ...ssociation, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset‐Backed Certificates, Series 2006‐HE4's (“MLMIT Defendant”) Demurrer to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 10/06/2022 Complaint. The Complaint alleges eight causes of action: violations of Civil Code Sections (1) 2923.5; (2) 2924(...

Excerpt: ...ia Consumer Credit Reporting Agencies Act (“CCRAA”), Civ. Code § 1785, et seq. and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), Civ. Code § 1786, et seq., on September 20, 2022. Plaintiff alleges that on September 14, 2020, he disputed a negative tradeline on his Experian credit report in the amount of $304, held under the collection agency Sequium Asset Solutions, Inc. (“Sequium”) on behalf of their clien...

Excerpt: ...ings suit to recover investments allegedly procured and converted by defendant Kevin Hampton through his fraudulent actions as the agent and co‐conspirator of the named co‐defendants, including cross‐complainants Michael Coleman III and Coleman Property Holdings, LLC. Abrahams' Fourth Amended Complaint (“4th AC”) alleges a fraudulent real estate scheme through a network of LLCs, which involved shifting debt from one property to another ...

Excerpt: ... the Court's ruling on the first demurrer, a detailed account of the facts, as stated in the original complaint, was provided. It need not be repeated here. In sum, this case was filed by plaintiff, Frank Souza, who was the tenant of former property owner, defendant Stephen W. Yatsko. Plaintiff claims he had continuing tenancy rights pursuant to an amended lease at the time Sandhu Defendants purchased the property. The Court partially sustained a...

Excerpt: ...g reasons, Defendant's Motion is granted as set forth below. Plaintiff's motion is denied. Procedural Background This matter involves a medical malpractice action wherein Plaintiff Jerry D. Smith (“Plaintiff”) alleges that Defendant Grace S. Chou (“Defendant”) was negligent in providing medical care in February 2018. (Defendant Stanford Health Care was dismissed prior to settlement conference discussed below.) On June 21, 2022, the Partie...

Excerpt: ...2, and had accrued 27 years of service credit. On SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 December 15, 2015 he pled no contest to a single charge of felony violation of Penal Code §§ 503‐ 508, based on misconduct arising out of the performance of his official duties. His pension benefits were adjusted pursuant to Government Code 7522.72 following the felony conviction. Petitioner s...

Excerpt: ...e Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 1, 2023. The case management conference presently set for November 29, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 25, 2023. The parties shall include with SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 HEARING DATE: 10/03/2022 their case management c...

Excerpt: ...dant's Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 2 Summary of Allegations This matter pertains to a motor vehicle accident that occurred on December 14, 2020 on the westbound side of Route 4 in Martinez, California. According to the Complaint, Defendant caused the accident by rear‐ending Plaintiff Laura Hinton (“Plaintiff”) after losing control of his vehicle. (Co...

Excerpt: ...a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (CCP § 473(b).) "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order...

Excerpt: ...inst Defendants. (CCP § 583.310.) This action was commenced on August 31, 2016. Defendants contend that Plaintiff was required to bring the case to trial no later than August 1, 2022. On April 29, 2020, the California Judicial Council issued Emergency Rule 10(A) which extended the five‐year statute by six months. Defendants contend that filing of the complaint on August 31, 2016, plus six months for the pandemic places the deadline on February...

Excerpt: ...) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendant demurs to Plaintiff's causes of action (1), (2), (3), (6), (7), and (8) pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a...

Excerpt: ... violation of Civil Code § 2924h(g); (3) fraud; (4) violation of Civil Code § 2924f; (5) wrongful foreclosure; (6) cancellation of instruments; (7) declaratory relief; and (8) quiet title. Defendants demur to each cause of action of the FAC pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) and (f) on several grounds. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/29/2022 4 For the follow...

Excerpt: ...ff may file and serve an amended complaint by October 10, 2022. I. Background According to the First Amended Complaint (“FAC”), plaintiff engaged defendants Reallaw, APC and Michael J. Hassen on May 15, 2018, and later engaged defendant Thomas J. Kensok on October 17, 2018, for representation in an action “against or brought by” Mojgan Kavianinejad. (FAC, 3:20‐28.) Defendants agreed to “perform legal services to resolve any and all ma...

Excerpt: ...ENT 36 HEARING DATE: 09/29/2022 17 must be filed and served by October 10, 2022. Should plaintiff elect not to amend, the time to answer will run from that date. Background In May of 2019, plaintiff worked with defendant McMorrow, who was acting as an agent for IP Investors, Inc., to refinance his existing home loans. (Complaint, ¶8; see also ¶15.) Plaintiff alleges he was wrongly induced to enter into a loan transaction (including a promissory...

Excerpt: ...forth, the demurrer is overruled. Factual Background The FACC at issue in the demurrer alleges that the Menascos breached an agreement for the sale of a timeshare interest to Jerry Kilarr, now deceased. (FACC ¶¶ 15‐18 and Exhs. G and H.) The Menascos agreed to sell a timeshare interest in property in South Lake Tahoe (the "Timeshare") to Kilarr as part of a settlement of litigation that began in 2016 between the Menascos, on one hand, and Jer...

Excerpt: ...ein as the "Driver" or "Barturen"), when that vehicle made a left turn from Moraga Way onto Coral Drive. That defendant and two others who were the owners of the vehicle defendant Barturen was driving, have settled with Plaintiff pursuant to a good faith settlement approved by the Court on April 11, 2022. Defendant Jane Sayre owns the property bordering the public right‐of‐way next to the bike lane just before the intersection where Plaintiff...

Excerpt: ... and Sheriff Eviction is denied. Background Plaintiff Jet Airways of India, Inc. is a California corporation. Plaintiff was the owner of property commonly known as 10 Brewin Court in San Ramon. Plaintiff, acting through its corporate secretary, Minda De Santos, and with its counsel Richard Taguinod, agreed and entered into a real estate purchase agreement (“RPA”) on February 3, 2020, with Juanetta Stephens. On February 14, 2020, Juanetta Step...

Excerpt: ...bout August 30, 2010 Plaintiff Ishaq Shariff (“Plaintiff”) was hired by Defendant ERAC SF to work at their Concord, California location. On that date, as part of the hiring process, he was presented with a Mutual Arbitration Agreement (“Arbitration Agreement”). Plaintiff does not deny that he signed the Arbitration Agreement. (Declaration of Ishaq Shariff (“Shariff Decl.”) ¶2.) He does contend, however, that he was ‘forced' to sign...

Excerpt: ...Mr. Arnold Borgen was driving home when he struck Petitioner Ryan Thibodeaux (“Petitioner”), who was apparently in the middle of the roadway, injuring him. Mr. Borgen was an off‐duty San Francisco Police Department Traffic Officer driving home from an overtime shift in his personal vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 09/26/2022 6 Petitioner promptly hired an attorney to represe...

Excerpt: ... of Public Property. The Complaint alleged that Plaintiff was walking on the sidewalk in front of 1060 Hensley Street in Richmond, California on September 3, 2021. “As he was walking, he tripped and fell due to a gap from missing concrete.” The Complaint names City of Richmond, County of Contra Costa, J.T. Thorpe & Son, Inc., and Hensley Property, LLC as defendants. The General Negligence and Premises Liability – Negligence claims are asser...

Excerpt: ...nherent authority and in the interests of justice and judicial economy, on the terms set forth. The case management conference date presently set for October 3, 2022 is hereby vacated, and a case management conference is hereby set for 8:30 a.m. on April 19, 2023 in Department 36. This action shall be stayed for until the April 19, 2023 case management conference. The parties shall file case management conference statements prior to the CMC heari...

Excerpt: ...rties exchanged expert disclosures on August 30, 2021. On September 17, Plaintiff served Defendants with her Supplemental Expert Witness Disclosure Statement. On September 16, 2021, the Honorable Judge Steve Austin continued the trial date to October 11, 2022. On August 22, 2022, Defendants demanded an exchange of expert witness information and demand for production of expert writings, and disclosed an additional expert witness. Plaintiffs ask th...

Excerpt: ... without need to take judicial notice of it. Defendant's request for judicial notice is granted as to the corporate documents filed with the Secretary of State. The Court can take notice of the documents, but not the truthfulness of the contents or interpretation thereof. (StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 456, fn. 9.; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) Procedural Background Plaintiff Jeremy Pet...

Excerpt: ...ce set for October 24, 2022 by no later than September 26, 2022. Background Plaintiff Equity Track, Inc. filed a complaint against defendant Johnny Jose Ramos asserting claims for specific performance based on breach of a contract to sell real property and damages for breach of contract. Based on the proof of service on file with the Court, Ramos was served with the summons and complaint and failed to timely respond. Plaintiff requested, and the ...

Excerpt: ... Yeyeclub to file its proposed pleading, a motion to quash. Judge Austin gave Plaintiff time to conduct jurisdictional discovery. Plaintiff did not ultimately obtain any jurisdictional discovery from Yeyeclub, but Plaintiff has included new evidence with this motion that he did not include in 2018. The Court's ruling on the motion to quash includes consideration of new evidence not presented to Judge Austin in December 2018. Plaintiff claims that...

Excerpt: ...onym “Jane Doe” in place of Plaintiff's legal name. The Complaint alleges eight causes of action, each of which related to an alleged sexual assault and/or unwarranted touching of Plaintiff. Plaintiff did not seek prior approval to file the Complaint anonymously. Although the Complaint names Attunement Massage, an unknown California business entity as the Defendant, the body of the Complaint identifies Nathaniel Bangs as the person that alleg...

Excerpt: ...a “black parking lot/driveway barrier” at the exterior premises of Hartz Restaurant LLC, doing business as Almanac Restaurant, then Farmer's Almanac Restaurant, and finally Danville Harvest Restaurant at 500 Hartz Drive in Danville, California. Plaintiff worked for Danville Harvest Restaurant as a sous chef the time of the accident. After settling a workers' compensation case, plaintiff sued the owner of the property, Elwood 500 Hartz, LLC (L...