Excerpt: ...tructive eviction cause of action fails as a result of CCP section 1166(d)(1); and (iv) that the entire complaint is uncertain under CCP section 430.10(f). Murray opposes. The Meet and Confer The Court has carefully reviewed the declaration submitted by counsel for Kizirian as well as the declaration submitted by counsel for Murray. Kizirian's declaration does not meet the requirements of CCP section 430.41(a) in that it does not specify the mann...

Excerpt: ... Western Dental office in El Cerrito. For the following reasons, Defendant's motion is granted. Request for Judicial Notice Defendant requests judicial notice of the Complaint in this action, Plaintiff's opposition to Defendant's Demurrer dated February 2, 2021, documents filed with the Court on or before June 10, 2021, and Plaintiffs declaration dated July 20, 2021 and filed July 21, 2021. The Court grants the request, but not the truth of any r...

Excerpt: ...dant's Submissions To Appraisal Panel. In a letter dated September 24, 2021, the umpire noted that she had received three documents from defendant's appraiser: (1) “Mr. Halpin's Differences by Trade”; (2) “Mr. Halpin's Dispute Discussion by Trade based upon the 2018/2019 Estimates”; (3) “Mr. Halpin's eagleview area diagram.” (Defendant's Exh. 7, p. 3.) Further, defendant apparently submitted a brief to the appraisal panel on September...

Excerpt: ...l Notice (RJN). It overrules the City's objection to the County's RJN if the City's Opposition to the County's RJN is deemed an objection. The court takes judicial notice of the existence and contents of the exhibits attached to the County's RJN. The court notes that the City filed considerable evidence with its Reply papers, which may be problematic whether the hearing on this writ is considered a law and motion matter or a trial. (See San Diego...

Excerpt: ... Defendant moves to strike on the ground the version of the FAC filed with the Court on December 17, 2021 is not drawn or filed in conformity with the order of the court. On September 20, 2021, Plaintiff filed a motion for leave to file a FAC and attached the proposed pleading. The matter was set for hearing on December 3, 2021. The Court issued a tentative ruling granting the motion. The tentative ruling was not argued and became the order of th...

Excerpt: ...or Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $500,000. This is composed in part of attorney's fees of $175,000 (35% of the recovery), $15,627.21 in litigation costs, and $5,000 in costs to the settlement administrator, Simpluris. A plaintiff's service award of $10,000 would be provided. The remainder of the payment, curre...

Excerpt: ...entures, LLC ("Creekside") seeks an award of monetary sanctions against attorneys representing defendants O.C. Jones & Sons, Inc. and 14 other defendants ("demurring defendants") and Intervenor Liberty Surplus Insurance Corporation appearing on behalf of its insured, Summit Plastering, Inc., a suspended corporation ("Liberty/Summit"). Plaintiff contends it should be awarded monetary sanctions under Code of Civil Procedure § 128.7 based on a gene...

Excerpt: ...IOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/07/22 ‐ 20 ‐ The City argues that all claims fail because of the failure to allege facts showing the violation of a mandatory duty. This argument appears most appropriately addressed towards the first and fourth causes of action for wrongful death and negligent infliction of emotional distress. The Court notes that in ruling on a demurrer in this case it found that the complaint a...

Excerpt: ...her PAGA‐only complaint. The Second Amended Complaint, filed June 21, 2021, included class action allegations, and added plaintiff Becerra. The settlement would create a gross settlement fund of $150,000. The class representative payment to each plaintiff would be $5,000. Counsel's attorney's fees would be $52,500 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Phoenix) would cap its costs at $5...

Excerpt: ...ment This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, failure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $4...

Excerpt: ...ction. The Court reminds the parties to comply with the formatting requirements for legal memoranda. (See Cal. Rules of Court, rule 3.1113, subd. (d) [page limit] and subd. (f) [tables required for memoranda over 10 pages].) For the reasons explained below, the Court rules as follows: 1. As to the First Cause of Action for Slander of Title, the Court overrules the demurrer. 2. As to the Second Cause of Action for Constructive Fraud, the Court sus...

Excerpt: ...against a suit even ‘ “where the evidence suggests, but does not conclusively establish, that the loss is not covered.” ' [Citation.]” (Hartford Casualty Ins. Co. v. Swift Distribution, Inc. (2014) 59 Cal.4th 277, 287.) “ ‘Determination of the duty to defend depends, in the first instance, on a comparison between the allegations of the complaint and the terms of the policy. [Citation.] But the duty also exists where extrinsic facts kn...

Excerpt: ...a member of the District's Measure R Citizens' Bond Oversight Committee. Respondent demurs to Petitioner's writ pursuant to Code of Civil Procedure (“CCP”) § 1089 on the grounds that quo warranto is the exclusive remedy available to Petitioner as the writ relates to a public office. For the following reasons, the Demurrer is sustained, with leave to amend to sue in quo warranto (with permission from the Attorney General). Legal Standard A pe...

Excerpt: ...on December 13, 2019. An amended proof of service filed on September 23, 2021 indicates defendant Ho was personally served at 939 Clement Street, San Francisco on July 15th. An amended proof of service filed on September 23, 2021 indicates defendant He was served by substituted service on June 27th at 939 Clement Street, San Francisco. After defendants failed to appear, their defaults were entered on October 4, 2021. Both moving defendants appear...

Excerpt: ...eneral demurrer is sustained, with leave to amend; and (3) the special demurrer for uncertainty is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/06/22 ‐ 4 ‐ Factual Background Pertinent to Motion to Strike and Demurrer Cross‐Complainant Jeri Iancu in the capacity as Executor of the Estate of Jerry Kilarr ("Executor") filed a cross‐complaint with a single cause of action for breach of contract ...

Excerpt: ... of dismissal, separate from any formal order on the motion, and shall submit the proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. A. The Pertinent Causes of Action. The operative pleading is now the Third Amended Complaint (“TAC”), filed on November 29, 2021. The Hansen defendants are named in three causes of action: (1) the Eighth Cause of Action, captioned “Constructive Trust”; ...

Excerpt: ...Ms. Standish resided together in plaintiff's home from November 2018 through late April 2019. When the relationship deteriorated, on April 24, 2019, Ms. Standish left the home. The two agreed she would return the next morning for a discussion. Ms. Standish did return on April 25th and plaintiff and Ms. Standish agreed to take a “brief break,” and to talk again the following Saturday. Ms. Standish took some items from the home that morning wit...

Excerpt: ... against Defendant WeBuiltIt4U Inc. (“Defendant” or “WeBuiltIt4U”)'s principal, Jeffrey Lee Klaus as a party to the action. Defendant WeBuiltIt4U Inc. opposes the motion on the grounds that the proposed amendments are based on facts that were well known or should have been well known to Plaintiffs at the time their Complaint was originally filed and that they would suffer prejudice should the amendment be permitted. CONTRA COSTA SUPERIOR ...

Excerpt: ...sued in the claims subject to this demurrer. Plaintiff argues that the demurrer should be overruled based on Defense counsel's failure to meet and confer. “A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41 (a)(4).) Defendants demurred to the second, third and fourth causes of action in the fourth amended complaint based on the fai...

Excerpt: ...d Saleem committed intentional misrepresentation by stating in a letter dated July 14, 2017, after the work was completed, that all pertinent work done by the contractor, Eaglelift, was performed “as CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/30/22 ‐ 2 ‐ designed.” This representation was false because not all posts and piers called for in the design were installed. (SAC, ¶ 49.) Alpine now moves for ...

Excerpt: ...ons for issuance of writs of attachment and right to attach orders as to defendants Tony Bess and Juliane Bess, conditioned on Plaintiff posting an undertaking of $10,000, and (2) denies the claim of exemption. Factual Background Plaintiff Seaside Plaza, LLC ("Seaside") has filed a complaint for breach of lease against defendants Tony Bess and Juliane Bess (collectively, the "Besses"). The Pao Declaration supporting the applications attaches an i...

Excerpt: ... the future. It must be supported by actual evidence that there is a realistic prospect that the party enjoined intends to engage in the prohibited activity. (See Code Civ. Proc., § 526, subd. (a)(3).)” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.) “A preliminary injunction is proper only if there is a substantial basis to suppose that the defendant, if not restrained, will actually enga...

Excerpt: ...March 2020 through January 2021. Plaintiff alleges that he was owed $60,000, but was only paid $12,000. Defendants demurred to the complaint for a number of reasons. Defendants argue that the terms of the contract are not alleged. They also argue that it is not alleged if the contract was oral or written. Finally, Defendants argue that the allegations against Aleksander Nanev are insufficient to state a claim for breach of contract against him. I...

Excerpt: ...ound Plaintiff Creekside Walk Ventures, LLC ("Creekside") alleges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). On May 2, 2019, Creekside filed suit against the general contractor for the Project, Arbor Building Group, Inc., initiating in this Court the case Creekside Walk Ventures, LLC v. Arbor Building Group, Inc., et al., MSC19‐ 00881 ("Creekside 1 "). (Defs. RJN‐1.) The Creekside...

Excerpt: ...efendants together. (CCP §430.10 (f).) Any amended complaint shall be filed and served on or before April 7, 2022. If plaintiff amends again, the Court anticipates that it will make a final ruling on the validity of the Second Cause of Action on the next demurrer, without further leave to amend. In the event of any further demurrer, plaintiff shall file a redlined copy of the amended complaint, so the Court can track the changes The Court denies...

Excerpt: ...section 226. The 12th cause of action seeks “waiting time penalties” (relief afforded employees who are not timely paid wages due and owing) under Labor Code sections 201 and 203. As Defendants observe, these causes of action are “derivative” in that the damages allegedly owing under sections 226 and 203 result from other alleged conduct—here, the failure to pay Stephens for meal and rest breaks (that alleged conduct is separately the b...

Excerpt: ...to Code of Civil Procedure sections 430.10(e) and (f) as uncertain because the Complaint's Exhibit B contradict the Complaint's allegations and fail to allege facts to support Plaintiff's own performance; (2) Second Cause of Action for Conversion pursuant to Code of Civil Procedure sections 430.10(e) and (f) for failure to state a cause of action because the Complaint's Exhibit B states that title to the products does not transfer to the Plaintif...

Excerpt: ...of action is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/24/22 ‐ 2 ‐ Factual Background Plaintiffs purchased a single‐family residence located in San Ramon from defendants Kumar Muthukumar and Ushu Muthukumar. (FAC ¶¶ 11, 13.) Defendant Serafino Bianchi was a licensed real estate agent who was the listing agent for the sellers. FAC ¶ 13.) Plaintiffs allege that after they purchased the prop...

Excerpt: ...RisoftDev CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/24/22 ‐ 2 ‐ in return for 2,500,000 shares of stock equaling 25% of authorized shares of Plaintiff RisoftDev. Plaintiff alleges Defendants Chatfield and McVay 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 con...

Excerpt: ...G DATE: 03/24/22 ‐ 13 ‐ Any amended complaint shall be filed and served on or before April 4, 2022. Background Plaintiff purchased a 2014 Ford Escape on September 4, 2013, which had a large variety of defects "at the time of purchase, or within one‐year [sic] thereafter," which substantially impair the use, value, or safety of the Escape. (Complaint, ¶¶8, 10, 33.) In connection with the purchase, plaintiff received an express written warr...

Excerpt: ...er decision, or the verdict or other decision is against law.” (Code of Civil Procedure § 657(6).) Section 657 applies to writ proceedings. (Code Civ. Proc., § 1110.) ADUs Real Parties and Respondents argue that the ADUs will be included in the same footprint as the single‐family homes and are not intended to function as a separate household. The Court previously considered that the ADUs will be in the same footprint as the single‐family ...

Excerpt: ...r to the TAC, the Court issued an Order after Hearing (the “Order”), sustaining the demurrer without leave to amend. Plaintiff now moves for a new trial. While such a motion is ordinarily made only after a trial of an issue of fact to the court or a jury, it may also be filed after the court has tried a pure CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/24/22 ‐ 31 ‐ issue of law by sustaining a challenge...

Excerpt: ...tion. Plaintiff Keaton Hall (“Hall”) opposes. He contends that AAA NCNU has failed to meet its burden of demonstrating the existence of an agreement to arbitrate this controversy. Existence of an Agreement to Arbitrate The right to compel arbitration depends on the existence of an agreement to arbitrate. (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) AAA NCNU bears the burden of proving the existence of an arbitration agreem...

Excerpt: ...endangered, rare, or threatened species.” In making its decision, the Court considered the entire property as the Project Site. Real Party filed a motion for a new trial in which Respondents joined. The key issue in this motion is whether the Project Site should be the entire property or just the new building footprint. Real Party argues that the recently published opinion, Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, provi...

Excerpt: ...es. (Complaint, ¶11.) Plaintiff was admitted to Shields Richmond Nursing Center (“Shields”) for skilled rehabilitation services on June 21, 2020, and again on September 3, 2020, after he was hospitalized. (Complaint, ¶13.) In January 2022, plaintiff filed this lawsuit for negligence and elder abuse claims related to his residency at the facility. (Declaration of Otis L. O'Cain, ¶1‐2.) Defendants, Shields Nursing Center, Inc. and William ...

Excerpt: ...led to judgment as a matter of law. (Code Civ. Proc. § 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...

Excerpt: ...s for violation of the Homeowner Bill of Rights (“HBOR”). Plaintiff has adequately alleged the HBOR violation of conducting a trustee's sale while a complete application for a loan modification was pending. (Complaint, ¶¶ 12‐24, 26‐29, and 34. See Valbuena v. Ocwen Loan Servicing, LLC (2015) 237 Cal.App.4th 1267, 1275 [a plaintiff adequately alleged an HBOR cause of action by alleging that a complete application was pending at the time ...

Excerpt: ...s International shall prepare the order after hearing on this demurrer. Fire Wings Concord The Court previously overruled the demurrer to cause of action three against Fire Wings Concord (“Concord”.) The first amended cross‐complaint made no substantive changes to the third cause of action. Concord has again demurred to the third cause of action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/17/22 ‐ 6 �...

Excerpt: ...then submitted an ex parte request to file a second amended petition. Petitioners did not file an opposition to the demurrer, but by attempting to amend their petition the Court understands that Petitioners may oppose this demurrer. Respondents' demurrer to the claims based on the Downtown Martinez Jail Demolition Project and the County Administrative Building are sustained. As explained below, challenges to those projects are time‐barred. It s...

Excerpt: ...units owned by Mr. Luecker and by Robert J. Mann, now deceased. (3AC ¶¶ 1, 5, 7.) Plaintiff alleges he is the personal representative of the estate of Robert J. Mann. (3AC ¶ A p. 5.) Based on the 3AC and Exhibit A attached, Robert J. Mann was granted a joint tenancy interest in Unit #63 of the condominium development. (3AC ¶¶ 1, 8, Exh. A.) As relevant to Mr. Luecker's demurrer, the original complaint was filed in the name of "Estate of Robe...

Excerpt: ... that defendants were guilty of ‘oppression, fraud, and malice' simply pleaded a claim for punitive damages in the language of the statute authorizing such damages. . . . Pleading in the language of the statute is not objectionable when sufficient facts are alleged to support the allegation.”)) Whether a plaintiff has a basis to request punitive damages in an action for elder abuse turns on whether the she has pleaded enough facts to support ...

Excerpt: ... should not be sanctioned. Plaintiff's ex parte application to seal the proceedings was granted 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.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/17/22 ‐ 21 ‐ In its application to seal the proceedings, Plaintif...

Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...

Excerpt: ...n the same day the case was filed. Defendant's default was taken on January 27, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/17/22 ‐ 9 ‐ Less than a week after his default was entered, on February 2, 2022, defendant filed this motion pursuant to Code of Civil Procedure section 473(b). Defendant states he and plaintiff were married and co‐habitated as a couple for more than a decade before filing for...

Excerpt: ...iffs are entitled to punitive and exemplary damages in the amount to be proven at trial"); (2) Prayer ¶ 3 ("For punitive damages as the Court see fit") to the extent sought against Yudien; and (3) Prayer ¶ 4 ("For reasonable attorney's fees") to the extent sought against Yudien. Background Plaintiffs have sued Jordan Yudien for breach of fiduciary duty in the third cause of action of the Complaint. Yudien was counsel for defendants Constance Ki...

Excerpt: ...wen Yao received her third injection of Faslodex in her right and left buttocks. (Comp. ¶7.) After the injections, Yao's left leg became paralyzed and after one week the paralysis was replaced with pain. (Comp. ¶9.) It is alleged that the nurse's injection of Faslodex into the leg buttock was the cause of the paralysis. (Comp. ¶¶7‐9.) A defendant meets its burden on a motion for summary judgment by showing either that plaintiff's claims hav...

Excerpt: ...n additional deposition of Plaintiff's representative Azad Amiri limited to addressing the facts and issues set forth in the amendments to the First Amended Complaint ("FAC") made in the 2AC; and (3) Plaintiff shall pay the actual reasonable CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/16/22 ‐ 3 ‐ cost of the court reporter's fees incurred by Defendants for the additional deposition of Azad Amiri, estimated...

Excerpt: ...ond, and third causes of action of the complaint are also overruled. Defendant shall file his answer to the Complaint by March 30, 2022. Background Plaintiff Reginald Jackson brings a complaint for quiet title against his brother, defendant Lambert Jackson. The property subject to the action is a residential property located at 5254 Bayview Street in Richmond ("Bayview Property"). (For clarity, this ruling will refer to the parties by their first...

Excerpt: ...sed upon evidence gathered, in advance.” The conclusion of the motion states as follows: [3] Plaintiffs file this motion so that the Court may determine in advance which causes of action have sufficient evidentiary support to be tried before the jury. [4] Plaintiffs seek to avoid any further Motions for Judgment on the Pleadings and any Motion for Nonsuit that may be filed prior to the opening of the trial. The Court denies plaintiffs' motion b...

Excerpt: ...nd Seller Property Questionnaire; disclosed as much as they should have regarding the things they did remember; deliberately restricted the information they permitted Engeo to disclose before the close of escrow; and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 03/11/22 ‐ 2 ‐ affirmatively represented that there were no slides on the Property. (In citing the disputed facts that follow, the court is relying on ...

Excerpt: ... an appeal pending on the merits of the writ. The Court agrees with O'Brien that the appeal did not stay the undertaking issue, which is a different issue than the one on appeal. Code of Civil Procedures section 529.2 requires a court to order a plaintiff to post an undertaking if the moving party's motion satisfies all of the following: 1. The plaintiff challenges a housing project that is a development project as defined by Gov. Code § 65928. ...

Excerpt: ... is otherwise denied. Background Plaintiffs allege Defendant Camille Kimball decided to intoxicate herself with heroin and alcohol for several hours. She then drove in the wrong direction on I‐ 680 northbound. At 3:47 a.m., her vehicle came in contact with the vehicle driven by Nettie Darlene Perkett. Taurean Dorotae Lee was a passenger in Perkett's vehicle. Perkett and Lee died of the injuries resulting from the collision. Motion Pursuant to C...

Excerpt: ...d plaintiffs' failure to first seek leave to substitute Does. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/10/22 ‐ 2 ‐ At the initial hearing on the motion, plaintiffs were given leave to submit a supplemental declaration and Union Oil was permitted to file a response. The motion is now denied. Union Oil has not shown plaintiffs or their counsel knew Union Oil manufactured the solvents used at plaintiff's w...

Excerpt: ...ream TV entered into an Omnibus Agreement whereby the secured creditors, SLS and Hawk, would accept delivery of Stream TV's assets in satisfaction of its debts. The assets would be transferred NewCo, which later identified as SeeCubic, Inc. While Stream TV and SeeCubic were arguing over the right to Stream TV's assets, Plaintiff was tasked by Stream TV board member, Shad Stastney (current Executive Chairman of SeeCubic's board of directors) to sa...

Excerpt: ... They allege that on January 7, 2018, a metal framed glass section of the fireplace located in the family room of their home at 835 Meander Court, Walnut CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/10/22 ‐ 2 ‐ Creek, California detached and fell onto the left leg of Sidney Waters who was seated nearby. (SSUMF, No. 3 and response.) From 2012 to 2018, plaintiffs used the fireplace approximately two to three ...

Excerpt: ...ce with the applicable Local Rules and procedures. In the event the Tentative Ruling is contested, the hearing on the motion shall be conducted on March 17, 2022 at 9:00 a.m. By Monday, March 14, 2022, the Plaintiffs and the Defendants shall file with the Court and serve on the other parties supplemental briefs, no longer than 10 pages doublespaced, to focus the oral argument and assist the Court in following the parties' arguments at the hearing...

Excerpt: ...et al., and related cross‐actions, Case No. MSC20‐01714 ("Bennett Action"), now consolidated for discovery and pre‐trial proceedings with Case No. MSC20‐01593. For the reasons set forth, the motion is granted, with leave to amend. Factual Background On March 11, 2020, an East Bay Municipal Utility District ("EBMUD") water line broke causing water to flow down Tappan Terrace located in a residential neighborhood in Orinda. (FAC ¶ 25.) The...

Excerpt: ...Plaintiff's motion is denied in full. The basis for this ruling is as follows. A. Consolidation. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 03/10/22 ‐ 42 ‐ The Court of Appeal has held in pertinent part 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 [1] may stay the ...

Excerpt: ...ilure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $41,662.50 (one‐third of the recovery), $11.803.04 in in litigation costs, and $3,500 in costs to the settlement administrator. A plaintiff's service award of $7,500 would be provided. PAGA pe...

Excerpt: ...ff's Complaint on the grounds that Labor Code § 2699.6(a) applies to exempt Defendant (a construction industry employer) from PAGA liability where there is a valid collective bargaining agreement (“CBA”) that explicitly waives PAGA. In the alternative, Defendant requests abatement pursuant to CCP § 430.10(c) on the grounds that there is another action pending between the same parties on the same cause of action (case no. C21‐01735, remove...

Excerpt: ...d as to cause of action six and denied as to causes of action three, five and seven. Summary judgment is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/09/22 ‐ 6 ‐ Plaintiff SRI Environmental sued the Defendants for (1) breach of oral agreement (Dutch), (2) common count (Dutch), (3) breach of duty of loyalty (Joseph Baughman), (4) conversion (Joseph Baughman), (5) deceit (all Defendants), (6) negligen...

Excerpt: ...r her success in vacating discipline and expenses imposed by respondent Board of Registered Nursing. While the court rejected many of petitioner's arguments, it did find that “the weight of the evidence did not support the Board's finding of gross negligence.” (SOD, pp.20‐22.) The court also found the Board violated due process in ordering petitioner to pay the Board's expenses in light of the insufficient evidence. Finally, the court order...

Excerpt: ...led to judgment as a matter of law. (Code Civ. Proc. § 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (RichardsonTunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal...

Excerpt: ... in Pleasant Hill. The Owners contracted for certain work and improvements on their property. Plaintiff Mel Electric Inc. provided electrical services pursuant to contract with Defendants' general contractor, Defendant Vizsla Construction. Plaintiff has not been paid for its work. The outstanding balance due is $12,299.44. Motion Pursuant to Code of Civil Procedure § 473, Donald Fletcher and Jessica Lorence, in pro per, move to set aside the ent...

Excerpt: ...Fact Nos. 16, 19, 21, 23; see Ramsey v. City of Lake Elsinore (1990) 220 Cal.App.3d 1530, 1544.) The motion for summary adjudication is denied for the reasons stated in the body of this ruling and because plaintiff has not stated the issues as to which he seeks a determination, whether that be the individual causes of action or something else. (See Notice of Motion at 1:24‐27; CRC 3.1350 (f).) Background This is a lawsuit by an attorney against...

Excerpt: ...) prepared a proposal for plaintiff's insured homeowner to remodel a hall bathroom. (See Ex. A to Declaration of Daniel Trowbridge in Support of Motion, hereinafter, “Complaint,” ¶11.) Pursuant to the proposal, Paul Davis was to replace the "toilet supply," install a customer provided toilet and seat, and "[f]urnish and install new wax ring and water supply hose." (Complaint, ¶11.) The proposal was accepted. On November 1, 2010, the insured...

Excerpt: ...tory relief related to the easement. In this case, Tulloch moved to compel arbitration. Tulloch's motion was granted on August 14, 2019. (Order After Hearing, filed August 14, 2019.) The Vesces claims against Tulloch were ordered to arbitration and the claims against Pacific Union, Kelly Wood and Dana Green were stayed pending resolution of the arbitration. Arbitration has not been completed, although an interim award suggests that the Vesces wil...

Excerpt: ...Song‐Beverly Warranty Act; and (3) fraudulent inducement—concealment. Defendant demurs to Plaintiffs' third cause of action pursuant to Code of Civil Procedure (“CCP”) § 338(d) and CCP § 430.10(e) on the grounds that it is barred by the applicable statute of limitations. Defendant also demurs on the grounds that the third cause of action is barred by the economic loss rule. Finally, Defendant demurs to the third cause of action on the g...

Excerpt: ...copa County Superior Court in the State of Arizona, Case No. CV 2021‐008958 ("Arizona Action"). The suit arises out of a business dispute between the companies. Sausal failed to timely respond to the complaint, and its default was entered. Device subsequently moved for entry of a default judgment, which was granted and judgment entered by the Court in Arizona on August 24, 2021. Sausal is a California corporation. After obtaining judgment in Ar...

Excerpt: ...SW with Defendants was done by and through Michael Eggiman. Beginning in February of 2015, Plaintiff entered into a series of agreements with Defendants for the purchase, rehabilitation and sale of six single‐family properties in the Bay Area. Defendant Christina Boomershine is the agent and employee of Defendant Pacific Financial CA, LLC. Due to conflicts between the parties and other failed agreements, the parties entered into a final written...

Excerpt: ...ary judgment or, in the alternative, summary adjudication. Because the motion successfully shifts the burden to plaintiff to demonstrate a triable issue of material fact with respect to breach of duty and causation, and plaintiff has failed to oppose the motion, summary judgment for defendants Dr. Fan and Medical Anesthesia Consultants Medical Group, Inc. is granted. Factual Background and Motion Plaintiff filed her complaint for medical negligen...

Excerpt: ...ed. Rodda Electric's default is set aside and the underlying cross‐complaint is stricken. Code of Civil Procedure, § 428.50 states: (a) A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐ complaint. (b) Any other cross‐complaint may be filed at any time before the court has set a date for trial. ...

Excerpt: ...ty. Legal Standard Applicable to Summary Judgment The City first contends that the cause of action for general negligence fails because it is not permitted as against the City as a matter of law. The City next contends that this action has no merit because, it says, Morton cannot establish the existence of a dangerous condition of public property. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A ...

Excerpt: ...nst the City of Pittsburg (see Pl. Opp. to Dem. fn. 1, pp. 1‐2.) and Plaintiff's failure to oppose the demurrer to the second cause of action for negligence against the City of Pittsburg, the general demurrer to the negligence cause of action against the City of Pittsburg is sustained, without leave to amend. Background Plaintiff was injured while riding his bicycle on California Avenue near Edward Avenue in the City of Pittsburg when a vehicle...

Excerpt: ...g on the demurrer to the NIED cause of action in the First Amended Complaint, the court said that it would require plaintiff to plead with reasonable particularity regarding this claim. It said plaintiff would therefore be required to plead CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 02/25/22 ‐ 2 ‐ details regarding how often he was in the facility, what producing‐producing event(s) he claims to have contem...

Excerpt: ...bligated to file a responsive pleading, no default shall be taken against the DOE defendants, and no discovery shall be initiated by or against the DOE defendants, absent further court order. The existence of a stay pending arbitration does not oust a trial court of its inherent judicial power “[t]o amend and control its process and orders so as to make them conform to law and justice.” (Code Civ. Proc., § 128, subd. (a)(8). Cf. Pinela v. Ne...

Excerpt: ...eight, arguing that the Court lacks jurisdiction and that each claim fails to allege facts sufficient to constitute a cause of action. The Court refers to the original pleading in this case as the “Petition” since the document is called a petition and complaint. The Court refers to the parties as Plaintiffs and Defendants as that is how the parties are discussed throughout the Petition. California Rules of Court, Rule 2.112 The District argue...

Excerpt: .... (Defendant claims Plaintiff misidentifies the model. It was a Honda HR‐V, but the specific model is of no import to the motion.) Plaintiff Knight suffered severe and permanent injuries, including paralysis. Plaintiff claims the 2017 Honda CR‐V was in a defective condition because it was not equipped with a Forward Collision Warning System and the vehicle was not equipped with Honda's Collision Mitigation Braking System available on earlier ...

Excerpt: ...losed illegally. She seeks to rescind the foreclosure sale and/or judgment in the amount in $1,455,000. Motion Pursuant to Code of Civil Procedure § 128.7, Defendant Gregory Funding, Inc. moves for an award of sanctions, including non‐monetary issue and terminating sanctions, and attorneys' fees and costs incurred in defending this action in the amount of $20,816.00 against Plaintiff Helen Park Brouwer, her Guardian ad Litem, Chang Gon Lee, an...

Excerpt: ...side legal counsel prior to the March 9, 2021 City Council meeting, which allegedly concluded that council member Jovita Mendoza did not have a conflict of interest. Petitioner requested each of these categories be included in the City's administrative record to be produced for this case, but the City declined. Ordinarily, a case such as this is decided only based on the record before the agency. (Western States Petroleum Assn. v. Superior Court ...

Excerpt: ...Defendants argue that this is a procedurally defective renewed application for preliminary injunction. Specifically, that the motion does not comply with the requirements of Code of Civil Procedure (“CCP”) § 1008(b). That section provides that “[a] party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or d...

Excerpt: ...causes of action for motor vehicle, general negligence, and intentional infliction of emotional distress and seeks both compensatory and punitive damages. Defendants both move to strike Plaintiff's prayer for punitive damages and exemplary damages. For the following reasons the motion is granted, with leave to amend. The Court may strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading “not drawn . . ...

Excerpt: ...nt (“FAC”) for (1) violation of Civ. Code § 2923.5; (2) negligence; (3) wrongful foreclosure; (4) unfair business practices (violation of Bus. & Prof. Code § 17200); and (5) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to all Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. R...

Excerpt: ... 473.5 on the grounds that they did not have actual notice. For the following reasons the motion is granted. Brief Procedural Timeline • February 18, 2020. Summons and Complaint (naming Defendant Ony Homes LLC) filed. • April 29, 2020. Doe Amendment naming Defendant Chernomordikov filed. • May 21, 2020. Order to serve Defendants by publication. • August 26, 2020. Proof of publication of summons filed. • September 28, 2020. Default enter...

Excerpt: ...y Shopping Center, LLC, filed this action for the recovery of commercial premises in Concord, California. After defendant failed to appear, its default was taken and a default judgment was entered on January 4, 2022. A writ of possession was issued on January 11, 2022. Defendant filed this motion on January 21, 2022. The motion is supported by a declaration from Matt DeLima, managing member of defendant, and a second declaration from defendant's ...

Excerpt: ... alleged violations of the FDCPA at trial: (1) ALS Lien Service's misallocation of homeowner's payments, which violates Civil Code section 5655(a), and (2) ALS Lien Service's practice of threatening foreclosure for unpaid homeowner association's dues. For remedies, Plaintiff will seek injunctive relief based on both alleged violations and will seek monetary relief for the first alleged violation, seeking both restitution under UCL claim and actua...

Excerpt: ... Garaventa in this consolidated case is sustained as to the First, Second, and Third Causes of Action, based on RICO, without leave to amend. (CCP § 430.10 (e).) The demurrer is overruled as to the Fourth Cause of Action. Walter III's demurrer is sustained with leave to amend as to the Fifth Cause of Action, but the demurrers of the other defendants are overruled as to that cause of action. The demurrer is overruled as to the Sixth Cause of Acti...

Excerpt: ...in May 2020 after a spinal injury, which left her paralyzed and bedridden. Plaintiff physical limitations restricted her ability to carry out normal activities. She was dependent on the facility's staff for all activities of daily living, including personal hygiene, continence care, transferring and repositioning in bed, and transferring to a wheelchair. She also depended on the staff for eating, drinking, and medication management. At the time o...

Excerpt: ...mplaint shall be filed and served on or before March 10, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/17/22 ‐ 2 ‐ Background This lawsuit involves the Braddock family estate. The family intended the sizeable fortune, amassed during the lives of Robert C. and Lois Braddock, to go to charity upon the deaths of the couple's two adult children. To lawfully avoid the potential massive tax penalties, which ...

Excerpt: ...or Uber at the time. Plaintiff filed this negligence lawsuit on or about January 13, 2021 against Garcia, Angulo, and three corporate defendants. Plaintiff alleges she suffered wage loss, hospital and medical expenses, and general damages. She further alleges defendants were speeding. About a month after plaintiff filed suit, on February 11, 2021, defendant Garcia settled with plaintiff for defendant's policy limits in the amount of $30,000 in re...

Excerpt: ...a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay wages, and cascading derivative violations. Defendant operates a single El Pollo Loco franchise. The total settlement payment is $65,000. This is composed in part of attorney's fees of $22,750 (35% of the total recovery), $2,500 in litigation costs, and up to $7,500 in costs to the settlement admi...

Excerpt: ...dgment against defendant, on the First Cause of Action for breach of contract, in the total sum of $23,125,538. The Court denies summary adjudication of Issue No. 3 on the following grounds. A‐1. Lack of Admissible Evidence. Plaintiff has not supported its motion with admissible evidence, based on the evidentiary rulings set forth in Part C below. For example, plaintiff has not properly authenticated the Excel spreadsheet that assertedly establ...

Excerpt: ...alleges one claim for negligence against Dr. Tsai for his negligent repair of the injuries to Mr. Menendez's left eye and negligent post‐operative treatment that resulted ultimately in Mr. Menendez's loss of vision in his left eye. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/17/22 ‐ 12 ‐ Legal Standards for Ruling on Defendant's Motion for Summary Judgment Under Code of Civil Procedure § 437c(c), a moti...

Excerpt: ...rike the word "first" in references in the SAC to the "first" amended complaint at the following page and line numbers of the SAC is granted: p. 2, lines 4, 7, 9, 15, 20, 23, and 28, page 3, lines 3, 11, 12, and 19, p. 10, line 22, and page 11, line 28. The motion CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 02/16/22 ‐ 4 ‐ to strike paragraph 56 and 57 of the SAC is also granted. The motion to strike paragraph...

Excerpt: ...amended complaint shall be filed and served by February 28, 2022. Background The FAC alleges, in sum, that plaintiffs are elders who were defrauded in a real property transaction. Specifically, William Brickner, a 71‐year old, and his wife who is 66 (FAC, ¶¶2‐3) bring this action through their attorney in fact / guardian ad litem, Deena Burke, to recover for the fraudulent purchase of a condo by Carol Concilio. Concilio, former attorney in ...

Excerpt: ...ndants"). For the reasons set forth, the general demurrer and special demurrer for uncertainty are overruled. Background Plaintiff John Rogan alleges that in February 2021, he consented to have a surgical procedure, specifically "a left anterior total hip arthroplasty, including ancillary services and the administration of anesthesia." (Compl. ¶ 7.) Defendants placed vials of spinal anesthetic and a blood clotting agent, tranexamic acid, both wi...

Excerpt: ...R COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 02/10/22 ‐ 15 ‐ drove too close to Petitioner's vehicle, swerved in front and back of Petitioner and flashed a blinding spotlight on him. Petitioner filed a government claim with the City of Lafayette and the Lafayette Police Department on November 3, 2020. The claim was rejected on November 13, 2020. Contra Costa County provides policing for the City of Lafayette and Petitioner filed ...

Excerpt: ...s Labor Code provisions pursuant to the Private Attorney Generals Act (“PAGA”), California Labor Code §2698 et seq. Defendant also asks the court to take judicial notice of four unreported cases as well as Senate Bill 796 (2013) (Exs. A‐F). As set forth below, Defendant's motion to strike is granted in part and denied in part. The request for judicial notice is granted, with the limitations referenced below. Plaintiff's request for leave t...

Excerpt: ...g this motion. Plaintiff's counsel Takano previously worked for Cross‐Defendant Pacific Union. It is undisputed that Takano worked for The Shannon B. Jones Law Group from 2003 to 2014 and represented Pacific Union during her time at that firm. Pacific Union has not given written consent for Takano to represent Plaintiff in this case. There is no evidence that Plaintiff's counsel Takano represented Kelly Crawford in any capacity. Therefore, Kell...

Excerpt: ...under Code of Civil Procedure 404.1‐404.9 and Rule of Court 3.504 allow the court discretion in granting a motion for trial preference under Code of Civil Procedure section 36 has been raised. This Court ruled that it had some discretion, and the Court of Appeal denied plaintiff's petition for writ of mandate. (Isaak v. Superior Court (2022) 73 Cal.App.5th 792.) Because these motions were filed before the decision, plaintiffs did not have the b...