Excerpt: ...tion under CCP § 377.31 is granted as unopposed. The order to file a 4th AXC in the form currently proposed is denied for the reasons stated below. Background The decision whether to permit Hinh to file the proposed 4th ACC involves application of the sham pleading rule. In turn, that requires analysis of the previous pleadings in this case. This is an action among four brothers over rights and contributions in three alleged investment propertie...

Excerpt: ...lish that the subject property is in dangerous condition under Government Code § 835 and pursuant to Government Code § 830.8 which grants immunity to Caltrans. For the following reasons, Defendant's motion for summary judgment is granted. Brief Factual Background The complaint arises out of a car accident in the early morning hours of May 25, 2018. A tractor trailer crashed on eastbound Interstate 80 just before the Carquinez Bridge; it overtur...

Excerpt: ...ices in violation of California Business and Professions Code sections 17200 et seq. Defendants demurrer to each of the causes of action on the basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 06/01/2022 11 the first, second, and fourth cause of action as b...

Excerpt: ...m him by the defendants / cross‐complainants. In this motion, cross‐complainants seek to add indemnity causes of action against three new cross‐defendants: (1) Old Republic Title Company, the title company that handled the original escrow, (2) realtor David Putnam, and (3) Putnam's brokerage, Berkshire Hathaway. Cross‐complainants contend Old Republic should have ensured Gonzales, as the lender, received and approved all escrow documents....

Excerpt: ...f California Business and Professions Code sections 17200 et seq. Defendant Abar demurrers to each of the causes of action on the basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to each of the cause of action as being uncertain. (CCP §431.10(f).) For the following reasons, Defendants' demurrer is granted in part and denied in part as moot. Plainti...

Excerpt: ...al hearing was set for January 3, 2022 regarding Plaintiff's request to prove up damages for the default judgment. Plaintiff appeared pro per at the January 3, 2022 hearing and requested more time to set aside the default. The court continued the matter to March 21, 2022, and informed Defendant that she could file a motion to set aside default. Defendant retained counsel on January 4, 2022. Defendant filed the instant motion to set aside default ...

Excerpt: ... this unlimited matter with the unlawful detainer (“UD”) proceeding RS22‐0041. For the following reasons, the motion to consolidate is denied. The Court of Appeal has held as follows: When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the...

Excerpt: ...stitution as follows: § 13. Overturning erroneous judgments No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error compl...

Excerpt: ...brought this habitability case, wherein they allege Defendant SEKK Investments Diane, LLC failed to remediate multiple uninhabitable conditions. The parties reached a settlement on October 13, 2021, but Defendant has not paid the settlement amount to Plaintiffs. The Settlement and Release (“SAR”) was fully executed on January 18, 2022, when Plaintiffs' counsel signed the Agreement. Motion Pursuant Code of Civil Procedure § 664.6, Plaintiffs ...

Excerpt: ...f less than $10 for cash, in violation of the “Gift Card Act,” specifically Civil Code section 1749.5(b)(2), and other authorities. BP sells gift cards redeemable at Arco gas stations in parts of California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. The gift card program is not operated by BP, but by Tesoro Refining & Marketing Company LLC. A. Terms of the Settlement. BP will use its “best...

Excerpt: ...stitute a cause of action. (CCP §430.10(e).) For the following reasons, Defendants' demurrer is overruled in part and granted in part. Plaintiff is given leave to amend consistent with this opinion. The County's request for judicial notice is granted. (Cal. Evid. Code §452(b), 453.) Standard for Demurrer “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004)...

Excerpt: ...dure section 405.30.) Garg and VANS LLC (collectively “Garg”) argue that the lis pendens should be expunged because Machado cannot show the lis pendens is based on real property claims (Code of Civil Procedure § 405.31) and because the notice of the lis pendens was not properly served (Code of Civil Procedure § 405.22, 405.23.) As explained below, the lis pendens is not based on a real property claim and therefore, the Court did not reach t...

Excerpt: ...hat 364 Notice was not addressed or presented to the person designated to receive government claims by Government Code section 915 (a) and was not received by such person within six months after accrual of the cause of action, if ever. (See Gov't C. § 915 (e).) (See Material Fact Nos. 1‐17.) With the benefit of a fullydeveloped factual record, the court has reconsidered the prior rulings that this case is governed by Phillips v. Desert Hospita...

Excerpt: ...tal Briefing The Hiteses' motion seeks a determination that their settlement with plaintiffs Jeffrey M. Jones and Shannon B. Jones ("Plaintiffs") is a good faith settlement under Code of Civil Procedure sections 877 and 877.6. In connection with that determination, they request an order that claims asserted in the cross‐ complaint of Guy Tzen‐Wen a/k/a Tzen‐Wen Guo a/k/a/ Guo Tzen‐Wen ("Guo") and Lin BihWan a/k/a Bih‐ Wan Lin ("Lin") (c...

Excerpt: .... The demurrer is overruled as to the Second and Fourth Causes of Action. If Plaintiff elects to amend, the amended complaint shall be filed and served on or before June 9, 2022. Demurrer Pursuant to CCP § 430.10(e), Defendant Elliot demurs to each cause of action in the Second Amended Complaint on the ground Plaintiff has failed to allege facts sufficient to state a cause of action. 1st C/A— Declaratory Relief Defendant's demurrer to the Firs...

Excerpt: ...fs Jeffrey M. Jones and Shannon B. Jones, Trustees of the Jeffrey & Shannon Jones Trust, and the Hiteses and a supplemental brief filed by the Hiteses in support of their motion for a good faith settlement determination. For the reasons set forth, the application is denied. The Settlement and supplemental brief are ordered filed in the public records of the Court. Standards for Sealing Records Court records are presumed to be open. (Cal. Rules of...

Excerpt: ...er over 115 Thayer Way, American Canyon, CA 94503 (the “Subject Property”) and the residential care facility for the elderly (“Care Home”) operated thereon. Defendant seeks an order granting the Receiver the authority to manage the Subject Property and the Care Home. Defendant also seeks an order authorizing the Receiver to secure funding for the receivership estate through the issuance of receiver's certificates that may be recorded as s...

Excerpt: ...from BookFactory, LLC and BookFactory's manager, William Murray, plaintiff Andrew Gilmore filed this action for breach of fiduciary duty in May 2021. He later also filed a related writ petition in this same Court (Case No. N21‐1410) for an order allowing him to inspect the books and records of BookFactory, LLC. Between July 26 and August 6, 2021, eight of the BookFactory members signed a “consent” document stating a resolution that Murray s...

Excerpt: ... or before June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 05/19/2022 10, 2022. Background Plaintiff Clive Hitchens and Meghan O'Bra began living together in May of 2015 in a lease property located at 881 San Simeon Drive in Concord. In October 2017, both parties signed for a purchase loan of the San Simeon property. Title was taken in Defendant O'Bra's name only. The parties broke up in 2020 but Pl...

Excerpt: ...21, 22, 23, 24, 25, 29, 30; (all subject to any evidentiary objections that have been sustained).) The motions are granted as to plaintiff Debbie Habegger and defendant John Muir Medical Group (“JMMG”) as unopposed. (See Defs' Exs. C, D, and E and Pltfs' Opp. at 10:20‐11:16, which contains no argument regarding Debbie Habegger. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 (issue abandoned when plaintiff did not oppose a gr...

Excerpt: .... (California Code of Civil Procedure (“CCP”) §437c(a)(2).) Plaintiff filed its opposition papers, but apparently had an issue serving them on Defendant at that time. It appears they were not served until April 20, 2022 – after Defendant sent a notice of non‐opposition to Plaintiff. As the papers were filed, the Court continued the hearing date to allow Defendant time to prepare and file a reply. The Court's order stated that the Reply w...

Excerpt: ...SE COURT CALENDAR FOR MAY 16, 2022 DEPARTMENT 18 JUDGE DANIELLE K DOUGLAS Factual Background: On or about March 7, 2018, Plaintiffs Shiamalee Perumal and Shyam Sunter (collectively “Plaintiffs”) and defendant Mayari Development, LLC entered into a written residential purchase agreement (the “Contract”) for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that “any dispute or...

Excerpt: ...rvice of Summons as to Defendant G.C. Block Investment.com, LLC (“Defendant” or “G.C. Block”) was filed on October 4, 2019. Thereafter, on November 15, 2019, default was entered against G.C. Block. After providing additional documentation regarding alleged damages, a money judgment was entered on December 1, 2019 awarding $563,740.50. Defendant filed the instant motion seeking to set aside the default judgment on April 11, 2022. Standard ...

Excerpt: ...t Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Defendant demurrers to all five causes of action on the basis that the court lacks jurisdiction over the subject matter of each cause of action as the proper venue is the family law court before which the parties' divorce is currently pending. (CCP §430.10(a).) Additionally, Defendant moves to strike the portion of the Prayer in the Complaint...

Excerpt: ... twelfth (injunctive relief) causes of action, as well as to the eighth cause of action with respect to defendants Gurinder K. Sandhu, Narinder Singh Sandhu, or Rajwinder Kaur Sandhu. The demurrer is overruled as to the third, fourth, fifth, seventh, and ninth causes of action. Leave to amend is granted. For clarity, plaintiff may amend the first cause of action (against defendant Stephen Yatsko) if he deems appropriate. Any amended complaint sha...

Excerpt: ...aff notes, (2) county documents related to Urban Line Limits and (3) EBMUD's 2020 Urban Water Management Plan. As an initial matter, this motion is a request to have certain document included as part of the record. Although judicial notice is discussed in the papers, the notice of motion does not the Court to take judicial notice of any documents. Therefore, the Court is not deciding whether any of these documents can be considered under Evidence...

Excerpt: ...ition. Alternatively, they seek to set aside and vacate the judgment pursuant to Code of Civil Procedure, section 663. The motion is denied. Procedural Background Petitioner filed this matter to enforce his inspection rights to the books and records of BookFactory, pursuant to Corporations Code § 17704.10. In their Answer, filed on September 17, 2021, respondents took the position that petitioner has no member rights because he was dissociated f...

Excerpt: ...iff's argument that defendants have failed to adequately authenticate the employment agreement containing the arbitration clause defendants seek to enforce. Plaintiff's objections to the opening declaration of Michael James are sustained; Mr. James does not have personal knowledge that plaintiff signed the agreement, and does not attempt to authenticate the agreement as a business record. (See, Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.A...

Excerpt: ...f stock equaling 25% of authorized shares of Plaintiff Risoftdev. Plaintiff alleges Defendants breached the agreement and conspired to retain and use Risoftdev's propriety information and trade secrets. Defendant Joel McVay was one of the senior investment partners at Chatfield and lead contact for the Risoftdev‐Chatfield business deal. Motion Pursuant to Code of Civil Procedure § 1281.2, Defendant Joel McVay moves to compel arbitration and st...

Excerpt: ...e violations. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This is composed of attorney's fees of $31,666.66 (one‐third of the recovery), $10,063.84 in in litigation costs, and up to $4,200 in costs to the settlement administrator (Phoenix). PAGA penalties of $44,133.34 would be apportioned 75% to the LWDA and 25% to the aggrieved employees. Counsel's motion indicates that there are an estimated...

Excerpt: ...ate and time on the motion. The proof of service attached to the moving papers shows the motion pleadings were served on the other parties by overnight mail on February 23, 2022, the same date they were filed and served without a hearing date. (See Braun Decl. Exh. 1.) The hearing date assigned to the motion by the Clerk on the face of the notice of motion after it was filed is June 9, 2022. The Court file does not contain any amended notice of t...

Excerpt: ...nt 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‐compliant meal and rest periods, unreimbursed business expenses, failure to provide one day of rest in seven, failure to provide reporting time, failure to maintain payroll records, waiting ti...

Excerpt: ...ncern, nor any prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs of preparation.” (Solit v. Tokai Bank (1999) 68 Cal.App.4th 1435, 1448.) Further, under section 128 of the Code of Civil Procedure, the Court has inherent discretionary power to “provide for the orderly conduct of proceedings before it.” (Code Civ. Proc., § 128, subd. (a)(3); see, People v. Alvarez (1996) 14 Cal.4th 155, 209.) ...

Excerpt: ... who was injured at work on December 12, 2017 after tripping on a 2x4 that was negligently nailed to the roof he was working on. (Complaint at ¶ 5.) Plaintiff filed a workers' compensation claim pursuant to the Workers' Compensation Act of the State of California and sought benefits under the California Labor Code and applicable regulations for his injuries. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DAT...

Excerpt: ...lidated for purposes of pretrial proceedings, filed by multiple homeowners against EBMUD and numerous other parties arising out of a landslide in March 2020. Though the cause of the landslide has not been determined, the landslide resulted in serious damage to the roadway of Tappan Terrace and affected at least seven properties on Tappan Terrace, Tappan Lane, and Ichabod Lane. (Am. Memo ISO Mot. pp. 5‐7.) Tappan Terrace property owners are memb...

Excerpt: ...st allege destroyed their home in Orinda. (Memo. ISO Mot. p. 2.) Defendants Steven Yee and June Yee own the property next door to the Plaintiffs' residence. (Memo ISO Mot. p. 2, ¶ 2.) They allege the defendants altered the natural flow of surface water across their properties which contributed to the landslide on Plaintiffs' property. (Memo ISO Mot. pp. 2‐3, ¶¶ 4, 5.) The Yees have filed a crosscomplaint for damages they contend their proper...

Excerpt: ...ctively “Plaintiffs”) own property located at 4123 Happy Valley Road in Lafayette, California. Sometime in approximately 2007, Defendant East Bay Municipal Utility District (“EBMUD” or “Defendant”) approached Plaintiffs seeking to purchase an approximately .58‐acre portion of Plaintiffs' undeveloped property (the “Property”) as a site for the Sunnyside Pumping Plant (the “Plant”). The parties spent the next few years negotia...

Excerpt: ...e of Civil Procedure § 1048(a) on the grounds that the cases involve common questions of law or fact as all three of the lawsuits “arise out of the same motor vehicle collision” and “involve the same liability and related damages issues and will have the same evidence and witnesses.” Plaintiffs in MSC19‐01455 Jessica Goodbar and Jeremy Kemp, request the Court deny the motion “unless and only if the parties in the Adebote case [MSC20�...

Excerpt: ... of contract; and (5) abuse of process. The MSJ is opposed by the Defendant James C. Venhaus, and Defendant Colene Venhaus (“Venhaus Defendants”) and Defendant Richard Pontes, Defendant Marian Pontes dba Realty WorldDelta Country (“Pontes Defendants”) (collectively, “Defendants”). The Court notes the procedural objections of Defendants; specifically, the Venhaus Defendants' argument that Plaintiff did not comply with the mandate of Ca...

Excerpt: ...e following reasons, Petitioner's Writ of Mandate denied. Petitioner's request for payment of attorney's fees pursuant to Government Code §800 is also denied. Statement of Facts: On September 3, 2020, Petitioner was convicted of violating Vehicle Code §23152 (b) for driving with a blood alcohol content of .08 or more. (Suppl. Points and Authorities in Support of Petition for Writ of Mandate, Ex. C at p.2 (hereinafter “Ex. C”).) This convict...

Excerpt: ...efault judgment was entered on December 14, 2021. Heath filed this motion on March 2, 2022, arguing that service was improper. This motion is based on Code of Civil Procedures sections 418.10, 473(d) and 473.5. The motion also includes section 473(b), but the Court found it unnecessary to consider that subsection. Where there has been proper service of summons, but lack of actual notice, section 473.5 applies. “Discretionary relief based upon a...

Excerpt: ...nate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. …[Citation.]” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) “On a motion for forum non conveniens, the defendant, as the moving party, bears the burden of proof.” (Ibid.) The ultimate question is whether the balancing of the Stang...

Excerpt: ...ntwood facility near Los Angeles in September 2017, when she was 17 years old. Her employment with Westmont ended in May 2020. She filed this lawsuit in July 2021. The complaint makes class action allegations and pleads a single cause of action for violation of the Unfair Competition Law, Business & Professions Code section 17200, et seq. ("UCL") based on Westmont's alleged violation of numerous Labor Code statutes governing wages, hours, and oth...

Excerpt: ... Fact (“UMF”) Nos. 9, 11, 24; Plaintiffs' Additional Fact (“PAF”) Nos. 4, 5, 6, 8, 12, 19, 21, 22, 23, 24, 25, 27, 28, 32, 33, 34, 35, 36, 44, 45, 46 47, 65, 66, 74, 75.) Protective's alternative motion for summary adjudication is granted as to the First Cause of Action (UMF 27; PAF 78, 85, 88), the non‐recoverability of Brandt attorney's fees (UMF 5, 16, 27, 30, and 31; PAF 76, 78, 85, 88), and the non ‐recoverability of punitive dam...

Excerpt: ...inclined to grant the application, plaintiff neglects several statements from his declaration that are required, pursuant to Code of Civil Procedure section 484.020 (c)‐(e). (See Judicial Council Form AT‐ 105.) Background Plaintiff brought the complaint in this matter to recover money he invested with defendants in a failed business venture. Central to the dispute is a promissory note executed by plaintiff and each of the Gilads. After an app...

Excerpt: ... non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid wages due to rounding and off‐the‐clock work, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $390,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $130,000 (one‐third of the settlement). Litigation co...

Excerpt: ...e in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not exceed $30,000. The settlement administrator (Phoenix) would cap...

Excerpt: ...o to charity upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which could exceed $100M, the Braddock trust developed a two‐step plan to assure the estate passed to the charities. The first step was approval of certain trust modifications by the probate court. The second step involved transferring the family's interest in nine entities from one Braddock family trust (Marital Trust) to ano...

Excerpt: ...is demurring in her role as cross‐defendant and defendant is opposing the demurrer in her role as cross‐complainant. Plaintiff is a former employee of defendant. She sued defendant for wrongful SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 05/02/2022 5 termination on August 13, 2016. Defendant filed a Cross‐Complaint on November 15, 2016, and subsequently amended it three times. Plaintiff argues ...

Excerpt: ...ntiff's neck while plaintiff was not in a supine position (Complaint, ¶6.) As a result, plaintiff contends she suffered complications, including, numbness in three fingers and shoulder pain, both of which continue to this day. (Complaint, ¶7.) On May 29, 2020, plaintiff filed an amendment to her complaint, adding orthopedic surgeon, Dr. Leslie Kim, M.D., as a Doe defendant. (Stayduhar Decl., Ex. 9.) Plaintiff made no other changes to the compla...

Excerpt: ...“occupant' on the premises. After the defendant did not timely file an answer, a default judgment was entered on November 1, 2021. Defendant's notice of motion and motion to set aside the default judgment, states that he became aware of the default judgment when he received a copy of the judgment in the mail at his current address in Rocklin, California (Def. Mot. p. 2, lines 15‐17). Defendant moved away from his residence in Hercules in Janu...

Excerpt: ...se the motion is moot. Cross‐Defendants seek to strike the punitive damages allegations from the first, fifth, six and seventh causes of action, as well as the prayer for punitive damages. The demurrer to the fifth and six causes of action is sustained without leave to amend, therefore, the Court's ruling addresses only the first and seventh causes of action. Punitive damages are allowed where the facts show malice, oppression or fraud. Here, t...

Excerpt: ...ition relates to Plaintiff August Cattaneo, individually and as successor‐in‐interest to the estate of Ruth Cross‐Villez (“Plaintiff”)'s complaint for (1) elder abuse/neglect; (2) negligence; (3) violation of patient's rights; (4) wrongful death; and (5) survivorship. Pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and Cal. Code of Civil Procedure (“CCP”) § 1281.2, Defendants bring this petition for an or...

Excerpt: ...h cause of action – sustained, without leave to amend, except as set forth below; (c) general demurrers to 6th and 8th causes of action – overruled. Plaintiff shall file her amended complaint by May 20, 2022. Background The factual background of the claims Plaintiff Heesoo Bushnell alleges against Defendant are described in the tentative ruling issued concurrently on Defendant's special motion to strike under Code of Civil Procedure section 4...

Excerpt: ...ten causes of action against Dr. Allan Bushnell, Jr. ("Defendant"), her step‐son and the only biological son of the Decedent. (Compl. ¶ 3.) She alleges claims individually, as "representative" of the Decedent, and/or as "successor in interest" and sole heir of the Decedent. (See Compl. Caption, and ¶ 1.) The Decedent was 92 years old when he passed away. (Compl. ¶¶ 15, 24.) He contracted pneumonia after he was hospitalized following a fall....

Excerpt: .... The defaults of Cross‐Defendants Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, and William Simpich entered on January 11, 2022 shall be set aside and vacated, and Cross‐Defendants shall file their answers or other responsive pleading(s) in response to the cross‐complaint by May 16, 2022. Cross‐Defendants' request for attorneys' fees for bringing the motion is denied. Background O...

Excerpt: ...n December 16, 2019. On November 24, 2020, a First Amended Complaint was filed, adding Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The settlement adm...

Excerpt: ...icable to this matter. Requests for Judicial Notice The requests for judicial notice are unopposed. The Court need not take judicial notice of the original complaint to discern the date of its filing; that information can be ascertained from the Court's own file. The Court grants judicial notice of the certificates of completion and the grant deeds for the limited purpose of identifying the dates the certificates were recorded, and for no other p...

Excerpt: ...ss, and (6) claim for punitive damages. Only the first cause of action for negligence is pled against Defendant. Defendant demurs pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that the TAC fails to allege facts sufficient to support a finding of foreseeability required to impose a duty on Defendant Tankersley. As a threshold issue, the Court declines to consider the Declaration of David Yen in support of Plaintiff's ...

Excerpt: ...have been filed and was never properly served on CrossDefendant and pursuant to CCP § 430.30(f) on the grounds that it is labeled as containing ten causes of action but appears to attempt to plead seven causes of action. For the following reasons, the Demurrer is overruled. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th ...

Excerpt: ...g the COVID pandemic. It did not allege the variety of other claims often found in PAGA cases. On June 28, 2021, a First Amended Complaint was filed, alleging a class action raising similar claims. (During the time in question, reimbursements were made, but issues remain concerning the amount and interest on delayed payments.) The settlement would create a gross settlement fund of $900,000. The class representative payment to plaintiff would be $...

Excerpt: ... to show the existence of disputes regarding material facts. Background This case stems from the death of a child, Angela Nguyen, who was hit and killed by an SUV in a mall parking lot upon returning to her family vehicle with her mother and little brother, on December 3, 2018. The child's mother, Mai Nguyen, as well as her brother Benjamin, represented by his guardian ad litem, Huong Thi Nguyen, and the girl's father, Quan Nguyen, filed this cas...

Excerpt: ...ty boundary and the ownership of a freestanding garage. After plaintiffs filed the action, parties arrived at a settlement agreement in October 2018 during mediation before Mediator Hon. Mark Eaton. As part of the settlement, defendants Jeffrey and Sharon Steinman agreed the garage was on their neighbors' side of the property line. Parties agreed that they would seek a lot line adjustment and that the Steinmans would make all efforts and pay all ...

Excerpt: ...te with examples of plaintiff filing “unmeritorious motions, pleadings, or other papers …” The Court will consider plaintiff's oral argument, take the matter under submission, and issue an order after hearing. The Court rules as follows on procedural matters: • Plaintiff's request that the hearing on this Order To Show Cause be transferred to another judge is denied. • The Court concurs with plaintiff's position that an order declaring ...

Excerpt: ... the Dealer advertised the vehicle as a Kia Certified Pre‐Owned and the vehicle had passed a “165 Point Inspection.” Kia America's website also provides a copy of the Kia Certified Pre‐Owned inspection sheet and it is required to accompany every certified pre‐owned Kia. Plaintiff alleges he viewed the Dealer's advertising about the vehicle and the Pre‐Owned program prior to purchasing the vehicle. SUPERIOR COURT OF CALIFORNIA, CONTRA ...

Excerpt: ...) failure to prevent discrimination and harassment, (6) failure to accommodate and (7) failure to engage in the interactive process. Plaintiff also sued the City for wrongful‐ constructive termination, but that claim has been dismissed. The City is moving for summary judgment of all claims or, alternatively, summary adjudication of each cause of action. Discrimination (C/A 1 and 2) Plaintiff sued the City for age and disability discrimination. ...

Excerpt: ...tore (“Store”) located at 2515 Somersville Road in Antioch, CA on August 13, 2018. (UMF 1.) She alleges that she slipped on a pool of water while walking down aisle 9 of the Store, injuring herself. (UMF 2.) The incident occurred at approximately 2:05 p.m. (Decl. of Michael S. Richardson, Ex. F) Defendants' employees are trained to walk up and down the aisles, and to cone off and immediately clean any spills, making sure not to leave them una...

Excerpt: ...family home combined with a separate in‐law unit, commonly referred to as 119 Bruce Meadows Drive in Alamo. The Wickersham property shares a border property line with Defendants Chad and Kristin Kiltz's property, located at 113 Bunce Meadows Drive in Alamo. The Kiltz's predecessors planted non‐native coastal redwoods immediately adjacent to the common boundary. Some of the trees have grown to nearly 100 feet in height with branches overhangin...

Excerpt: ...f contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) violation of Insurance Code §§ 1871 and 1874; and (9) declaratory relief. Plaintiff is in pro per. The Court notes that the inclusion of Defendants' notice gives the impression of an overly‐long brief; however, counting from page 11 (the onset of the memorandum of points and author...

Excerpt: ...rding to the terms of the local ordinance; the dog owner argues that the appeal can proceed as an appeal – with a hearing de novo – according to the terms of the state statute. (Compare Contra Costa County Ordinance No. 2020‐04, 416‐18.406 (f) (“A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622 (“If the original ...

Excerpt: ... Costa County and two of its employee physicians, Dr. Rodelo and Dr. Ras. Plaintiff had a post‐ partum tubal ligation (“PPTL”) on March 20, 2016 because she wanted no more children after she gave birth to her second child on March 18, 2016. Dr. Rodelo performed the PPTL and told plaintiff it had been successful. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 2 Believing she could not get pregnant afte...

Excerpt: ...hereinafter “Geico”) has filed another demurrer to the First Amended Complaint asserting that the Plaintiff has no claim directly against the liability insurer for the alleged injuries and damages which occurred as a result of this collision. Plaintiff objects to the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 04/25/22 7 As previously outlined in the court's order on the demurrer to plaintiff's orig...

Excerpt: ...hen states that, “Any Abstract of Judgment related to the Judgment may be recorded on 12/31/2021, or any date thereafter, if Defendant has not yet paid Plaintiff the remaining balance of $200,000. In such case, Defendant will make monthly payments to Plaintiff in the amount of $1,666.66 per month, for 10 years, with no interest, beginning on August 1, 2022.” (Settlement Agreement p. 1‐2.) After 10 years of payments, Defendants will have pai...

Excerpt: ...(Code Civ. Proc., § 1281.4.) A court must order arbitration if it determines that a valid agreement to arbitrate exists. Here, such an agreement exists. This case comes before the Court on remand following a previous denial of the petition. In a published decision, Gordon v. Atria Management Co., LLC (2021) 70 Cal.App.5th 1020, 1030, the First District Court of Appeal stated: The trial court erred in concluding that Randall lacked authority to b...

Excerpt: ...eeking leave to amend to (1) name Tyler Rad Holstein (“Holstein”) as a Defendant; (2) add claims for violations of the Unruh, Ralph and Bane Act; (3) remove claims and prayers for relief that are not recoverable in a survival action; (4) include allegations of Defendant Holstein's Post Traumatic Stress Disorder (“PTSD”) and Defendant Securitas' knowledge thereof; and (5) add allegations regarding Plaintiffs' status as successors in intere...

Excerpt: ...1‐2.) The Fifth Cause of Action of the SAC alleges that defendant EagleLift committed intentional misrepresentation by stating it had installed 12 interior posts (SAC, ¶ 46, 47), and that defendants Alpine and Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017 that all pertinent work done by EagleLift, was performed “as designed.” (¶ 50.) These representations were false because not all posts and pie...

Excerpt: ...the matter was continued to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a yea...

Excerpt: ...F”) No. 20 as ineffectively disputed by plaintiffs' expert, Dr. Barnett; Gomez Decl, ¶ 16; Barnett Decl., ¶ 14, 15, 19.) Background This is a case for medical malpractice and loss of consortium. The plaintiffs are Dean Habegger and his wife, Debbie Habegger. The TAC alleges that Mr. Habegger (who was then 66 years SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 04/20/2022 2 of age and had previously ...

Excerpt: ...s not adequately supported by the evidence. Background On or around March 1, 2017, plaintiff and two other entities, as “Landlord,” and defendant Umesh Kumar Sharma, DBA Pizza Amigo, as “Tenant,” entered into a lease agreement for certain retail premises in a mall. The property has been occupied or otherwise in Tenant's possession since that same month. After the property was conveyed entirely to plaintiff in December 2018, the lease was ...

Excerpt: ...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 plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099). Legal conclusions are insufficient. (Id. at 1098–1099; Doe at 551, fn. 5.) The Court “assume[s] the truth of the allegations in the complaint, but do[es]...

Excerpt: ...f Robert Dandrea worked as a Manager at the Pep Boys located at 520 Contra Costa Blvd. in Pleasant Hill. Plaintiff suffered a workplace injury on September 9, 2019. Plaintiff alleges Defendants failed to engage in the interactive process or provide reasonable accommodations. Instead, Plaintiff was suspended and then terminated on September 19, 2019. Plaintiff alleges that throughout his employment he performed his duties competently and in satisf...

Excerpt: ... against defendants are barred by judicial estoppel. Plaintiffs filed Chapter 13 bankruptcies on three separate occasions, taking advantage of the automatic stay to delay foreclosure. But plaintiffs failed to list any claim against defendants on their bankruptcy schedules, or to correct those schedules during the pendency of the bankruptcies. The authorities cited by defendants confirm that this conscious omission is fatal to all of plaintiffs' c...

Excerpt: ... speak English. Plaintiff alleges her manager would become angry when she spoke with the tenants in Spanish. Additionally, her manager forbade her to speak Spanish or Tagalog or keep conversations with tenants. Plaintiff's manager refused to train Plaintiff on the duties of a property manager despite being directed to do so. Plaintiff was told by her manager she was sent there just to look pretty. Plaintiff was informed the manager would make ina...

Excerpt: ... to admit or deny the remaining one. (Def. Mot. Exhibit B). Defense counsel sent a meet and confer letter to plaintiff's counsel on January 6, 2022, “advising that if verified responses were not received by January 20, 2022, Plaintiff would proceed with discovery motions.” (Def. Motion Exhibit C). No verification has since been served. Defendants' motion for deeming matters admitted is misplaced. Plaintiff's service of responses before the fi...

Excerpt: ... during the meet and confer process. Plaintiffs shall file and serve their first amended complaint by May 6, 2022. The Court sets a case management conference for April 25, 2022 at 8:30 a.m. for the parties to discuss whether this case should be consolidated or coordinated with case MSC22‐00001 (Lynch v. Smietana). Plaintiffs' counsel shall give notice of this CMC to the attorneys in MSC22‐00001 (Lynch v. Smietana) and/or be authorized to spe...

Excerpt: ...rference with contract (FHL against Cyrus Jack), (4) intentional interference with prospective economic advantage (FHL against Cyrus Jack), (5) unfair competition (by FHL against Cyrus Jack), (6) civil conspiracy (FHL against all Defendants), (7) slander per se (Plaintiffs Robert and Joan Marx against Cyrus Jack), (8) intentional CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 7 infliction of emotional dis...

Excerpt: ... law and motion procedure in future filings. (See Code Civ. Proc., § 1005, subds. (b) and (c).) Defendants' demurrer is sustained in part and overruled in part, as set forth below. Leave to amend is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/15/2022 4 Plaintiffs shall file any further amended complaint on or before May 16, 2022. If plaintiffs choose not to amend, they shall give defendants written n...

Excerpt: ...amended cross‐complaint filed by Lucas Du and Mary Wong and the cross‐complaint filed by Hui Yong. Plaintiffs filed an opposition to this motion, but Du, Wong and Yong have not filed an opposition. Plaintiffs sued the District for nuisance (in various forms), inverse condemnation, dangerous condition of public property, trespass, diversion of water and declaratory relief (based upon the alleged nuisance and trespass). The District moved for s...

Excerpt: ...se of action and is fatally uncertain; and, (2) the third cause of action, for injunctive relief under the Consumer Legal Remedies Act (“CLRA”), both fails to state facts sufficient to constitute a cause of action and is fatally uncertain. Introduction & Preliminary Considerations Before specifically addressing the merits of Renew's contentions, the Court first deals with some preliminary matters as a backdrop to that endeavor. First, the Cou...

Excerpt: ...kground and Settlement Terms The original complaint was filed October 23, 2020, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways. The settlement would create a gross settlement fund of $750,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $250,000 (33 1/3% of the settlement). Litigation costs w...

Excerpt: ...§ 3273.10, and (4) violation of Bus. & Prof. Code § 17200 et seq, the body of the Complaint alleges only two causes of action: one for violation of Civil Code § 2923.6 (labeled first cause of action) and one for violation of Bus. & Prof. Code § 17200 et seq. (labeled third cause of action). For the following reasons, Plaintiff's motion for preliminary injunction is denied. The Temporary Restraining Order issued on February 14, 2022 is dissolv...

Excerpt: ...ound Plaintiff, Julian Hoffman, worked as a registered nurse for defendant hospital San Ramon Regional Medical Center and SRRMC Management, Inc., (collectively “defendants”) from June 2018 through May 2020. Both defendants are subsidiaries or affiliated entities with Tenet Healthcare Corporation, a network of hospitals. In his wage and hour class action complaint, filed in August 2021, plaintiff contends defendants violated various provisions...

Excerpt: ...ame issues as the earlier productions, e.g., not including complete email threads. He argues that more meet and confer sessions will be needed. Defendant is ordered to provide complete responses within 30 days of this order. There also remains the issue of discovery of the current insurance policy. Defendant produced a policy that “was in effect for the relevant time period when Plaintiff filed his lawsuit.” Defendant asserts that this is the...

Excerpt: ...Amended Complaint is lifted. The motion for sanctions is granted as requested, and Plaintiff is awarded $13,024.82 pursuant to Code of Civil Procedure section 1281.99(a), including $12,435.00 in attorneys' fees and $589.82 in costs. Background Plaintiff Mario Ramirez Lopez filed a class action complaint on behalf of himself and other similarly situated employees of E‐Tech alleging seven causes of action, including multiple violations of the Lab...

Excerpt: ...) As used in this section, “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: … (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law … The first question before the Court is whe...

Excerpt: ...den of proof that the Hofmann's breached their duty to disclose. The Hofmanns filed this petition to confirm the arbitration award. The Johnsons oppose the petition, arguing that the arbitration award should be vacated. If a petition is filed and served, the Court must confirm an arbitration award unless it corrects the award, vacates the award or dismisses the proceeding. (Code Civ. Proc. § 1286.) “Judicial review of an arbitrator's award is ...

Excerpt: ...to April 13, 2022 to be heard in Dept. 21 by the Honorable Jill Fannin. Defendants bring this motion to remove the seal, pursuant Cal. Rules of Court, Rule 2.551. Plaintiff's ex parte application to seal the proceedings was granted by the Court on July 27, 2020. At that time, Defendants had not been served with the summons and complaint; they had no notice and no opportunity to oppose. (Defendants were served almost a year later in April 2021.) I...

Excerpt: ... of forum non conveniens, Defendant's motion is untimely. “A motion to stay or dismiss on the ground of inconvenient forum must be made within the time permitted to plead, i.e., 30 days after service of the complaint, unless extended by stipulation or court order. (§ 418.10, subd. (a).)” (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1295.) This ruling does not preclude Defendant from raising the objection after a general appeara...

Excerpt: ...nt, LLC and Betty Dominici. Plaintiff also move to add additional parties, Maruyama Holdings, LLC (as plaintiff) and Ravelloview LLC, A & A Health Services, LLC, AAHS San Pablo LH, LLC; A&A Living, LLC; Alamo Health Management, LLC; and Alamo Senior Living Management, LLC (as defendants). Plaintiff seeks to add about 12 new claims. The proposed SAC seeks to add Maruyama as a Plaintiff in the furtherance of judicial economy. Maruyama's claim runs ...

Excerpt: ...ates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s First Amended Complaint (“FAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligent misrepresentation; (4) negligence; and (5) negligent infliction of emotional distress. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following rea...