Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transacton for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendant...

Excerpt: ...tained with leave to amend. Fairfield shall file and serve an appropriately numbered, amended cross-complaint within 30 days of this order. (2) James shall file and serve an answer or other responsive pleading within 30 days of service SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 35 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/13/2023 Page 2 of 8 of the amended cross-complaint. Background On June 30, 2020, Plaintiff...

Excerpt: ...wart and Cross-complainant Agra Tech, Inc. designates the Civil Court in Rotterdam, the Netherlands as the exclusive forum for litigation between them. For the following reasons, the motion is denied. Evidentiary Matters Zwart's unopposed Request for Judicial Notice is denied. The Court does not require judicial notice for documents already in its own case file. The Court need not address Zwart's objections to the Sinke declaration. The Court has...

Excerpt: ...employee of Defendant Matternet, Inc., a drone manufacturer and operator. Plaintiff was hired on February 28, 2022 as a drone "Visual Observer." On March 1, 2022, Plaintiff electronically signed various onboarding documents. Among them was an "At-Will Employment, Confidential Information, Invention Agreement, and Arbitration Agreement" ("Agreement"), which stated: "...l AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WIT...

Excerpt: ...ofers and Allied Workers, AFL-CIO and Associated Roofing Contractors of the Bay Area Counties attached as Exhibit A to the Bernal Declaration. Defendant's request for dismissal of the action in connection with the motion is denied; the Court in its discretion orders the action stayed pending completion of the arbitration. The parties shall appear at the further case management conference set at 8:30 a.m. on October 2, 2023 and advise the Court of...

Excerpt: ...e Notice of Exemption, pending compliance with CEQA. It did not direct respondent as to what must be done to comply with CEQA. Judgment was filed the same day. On March 30, the Court granted Reabold's application to modify the Peremptory Wrt of Mandate to extend the return date from April 3, 2023, to May 15, 2023. The matter is not automatically stayed pending appeal. (Daly v. San Bernardino County Bd. Of Supervisors (2021) 11 Cal.5th 1030, 1034....

Excerpt: ...e class consists of employees who directly provide those services. Preliminary approval of the proposed settlement was granted on November 28, 2022. Since preliminary approval was granted, the administrator has mailed notices to 2,141 class members. 133 packets were returned by the post office. Follow up resulted in 88 new addresses, leaving 46 non-deliverable. No objections or requests to opt out have been received. The motion for final approval...

Excerpt: ...ble neglect". And in the alternative, plaintiffs invoke the later provision of the subdivision, for vacating any dismissal based on "an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect". The motion is granted on the second of these alternative grounds. The statute provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgmen...

Excerpt: ...c.'s Petition. However, given the issues related to requested attorney fees and costs, the Parties are required to appear to discuss. Procedural Background Plaintiff filed her Complaint commencing this action on November 22, 2019. Defendant moved to compel arbitration on June 16, 2021 based on an arbitration provision contained in Plaintiff's employment contract ("Arbitration Agreement"). That motion was granted on August 18, 2021. It appears the...

Excerpt: ...rdan Yudien that Yudien affirmatively misrepresented to the parties in the Prior Litigation that he had submitted the quitclaim deed executed by the Menascos for recording after he received it in September 2018, that he falsely stated in a declaration filed in the Prior Litigation that the County recorder misplaced the quitclaim deed and that he had corrected the quitclaim deed without Plaintiffs' knowledge or consent, and that Yudien recorded th...

Excerpt: ...al causes of action for battery, intentional infliction of emotional distress, and conspiracy. The instant motion is set for hearing on April 10, 2023. Trial is set for April 18, 2023. For the following reasons, the Motion is denied. Brief Factual and Procedural Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 July 10, 2019. Plaintiff files her in...

Excerpt: ...ol. Plaintiffs filed their complaint on December 5, 2022 "pursuant to Code of Civil Procedure section 340.1 for childhood sexual abuse." (Complaint, They contend that they suffered sexual abuse by a teacher at the high school between approximately 2007 and 2009, that "[p]ursuant to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 california Government code s...

Excerpt: ...gligent misrepresentation is sustained without leave to amend. Allegations of the Second Amended Complaint The operative complaint is the Second Amended Complaint ("SAC") filed on November 18, 2022. Plaintiff Noble Learning Academy ("NLA") is a private school owned and operated by Plaintiffs Cassondra Hull and Mark Hull. Defendant Walnut Creek Presbyterian Church ("WCPC") is a non- profit corporation. (SAC 91-2.) Plaintiff Cassondra Hull ("Plaint...

Excerpt: ...rt that Pena was fired from Mechanics Bank after it determined he had sexually harassed Pacheco and others. Pena filed this action against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family to harassment, including threats of physical violence. Harassment included frequent, vulgar, and threatening calls and text messages, some referencing Pena's wife and children. Mejia allegedly posted flyers in Pena's neighborh...

Excerpt: ...nt arising out of the professional negligence of a health care provider can include a claim for punitive damages. "The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to ...

Excerpt: ...etween neighbors. Plaintiffs Brian McCarthy and Renee Covi through their revocable trust are the owners of a residence at 17 Cumorah Lane in Alamo. (Comp'. '1 1.) Defendants Kevin Mack and Olga Mack are their neighbors who live at 24 Cumorah Lane. (Comp'. '1 2.) Plaintiffs allege that in 2021, Defendants built an electrified gate across a driveway, a related electrical box and electrical lines for the electrical service to the gate, a pedestrian ...

Excerpt: ...n of Christopher J. Ohlsen is to be filed by close of business Friday, April 14, 2023. Procedural Background Plaintiff filed their initial complaint on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of...

Excerpt: ...Cal. Evid. Code S 452(d).) For the following reasons, the unopposed MSJ is granted. Factual Background The Complaint alleges that Plaintiff was injured on September 14, 2020 when physical contact was made to him by Defendant Peter Hillard while Mr. Hillard was employed by Defendant GTE. Standard Summary judgment is proper if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled ...

Excerpt: ...isrespect is intended.) Jerome died of lung cancer on May 22, 2015. The complaint was filed May 16, 2018, and contains a single cause of action brought under the Federal Employers' Liability Act ("FELA"), codified at 45 USC section 51 et seq. In essence, the complaint alleges that Jerome's lung cancer was caused by employment-related exposure to various chemicals or substances, and that such exposure was a result of BNSF's negligence. The MS] arg...

Excerpt: ...nt on the complaint is denied. The Court's order is without prejudice. Disputed and undisputed Material Facts This is an action for breach of contract and common counts arising from breach ofa vehicle lease. Plaintiff Wintrust Specialty Finance, N.A. ("Wintrust") seeks a deficiency judgment after allegedly selling the vehicle. Wintrust prov-des a declaration from its Vice President of Asset Management, with custody and control of its business rec...

Excerpt: ...pport of Motion to Consolidate, 2:17-22, 3:8-14.) The second is a Motion to Transfer and Consolidate Cases for All Purposes filed by Defendants Stephanie Rabbitt and Ryan Friesen (collectively "Defendants"), also pursuant to Code of Civil Prc„cedure S1048(a), to also have the instant action consolidated with Case No. P23-W096 on the grounds that both actons involve common questions of law or fact. (See Defendants' Motion to Transfer and Consoli...

Excerpt: ...d the tentative ruling for the March 2, 2023 hearing on this matter. On March 2, this matter was continued to allow Plaintiffs to file objections to evidence. There appears to have been a misunderstanding as to whether the parties were expecting to appear at the next hearing or whether they were expecting a new tentative ruling, which they would be required to contest in the normal manner. Given the misunderstanding, the Court is inclined to let ...

Excerpt: ...erform a citizen's arrest. The City filed a writ challenging this ruling. The Court of Appeal issued an alternative writ to this Court, which required this Court to reconsider the ruling on the demurrer in light of the City's arguments regarding immunities. The Court of Appeal stated in part: It appears the trial court omitted consideration of petitioner's asserted immunities under Government Code SS 845 and 845 from its analysis of petitioner's ...

Excerpt: ...on an attorney's fees provision which was included in forms for the agreement to process the payroll. These written "Electronic Funds Transfer (EFT) Authorization" forms and "Client Authorization for Payroll Masters to Draw Funds," both had attorney's fees clauses. Defendant and Cross-complainant Shannon 8. Jones Law Group opposes. Legal Standard "underthe American rule, each party to a lawsuit ordinarily pays its own attorney fees. "If such liti...

Excerpt: ...mary of Allegations Plaintiff Peet's Coffee & Tea, LLC ("Plaintiff" or "Peet's") entered into four separate written purchase contracts with Defendant wherein Defendant agreed to ship large amounts of coffee to Peet's in exchange for payment "360 days from delivery." (Complaint 7-10, Exs. A-D.) These contracts were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/06/2023 en...

Excerpt: ...14, 2023. Factual and Procedural Background This matter pertains to a motor vehicle accident that occurred on August 16, 2019 in Brentwood, California. On that date, it is alleged that Plaintiff was driving eastbound on Marsh Creek Road when he signaled and stopped to make a left turn across westbound Marsh Creek Road into his driveway. Defendant Gonzalez failed to stop in a timely manner and collided with the rear of Plaintiff's vehicle. This im...

Excerpt: ...s-complaint. Tulloch sued cross-defendants for (1) professional negligence, (2) breach of written contract (Pacific Union and Compass only), (3) implied indemnity, (4) declaratory relief and (5) enforcement by Tulloch of assignment of Plaintiffs' rights. Cross-defendants demurred to causes of action one, two, three and four based on the failure to state facts sufficient to constitute a cause of action. Negligence (C/A 1) Defendants argue that the...

Excerpt: ...lease with the entity Richmond Saigon Seafood Harbor Restaurant, Inc. In 2019, specially appearing defendant Chunfu Yu ("C. Yu"), Brother Union Capital Holding, LLC ("Brother"), and Yi Dong entered into a wrtten guaranty of the rent payments with Plaintiff. (Memo. ISO Mot. p. 3, II. 2-6.) Plaintiff filed the complaint initiating this action against C. Yu and his spouse Li Yu in April 2021, alleging claims for fraudulent transfer, breach of the im...

Excerpt: ...cond cause of action for violations of Government Code SS 815.2, 815.4, 815.5, 820(a), 830, 835, and 835.2. Defendant mcwes on the grounds that there is no triable issue as to any material fact as to any of Plaintiff's claims against Defendant State and Defendant State is entitled to judgment as a matter of law. As to Summary Adjudication, Defendant State argues that: (1) Defendant State is entitled to summary adjudication as to the Second Cause ...

Excerpt: ...round Plaintiffs first amended complaint alleges that on June 25, 2020, she was riding a bicycle in a bike lane on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 5-8.) The FAC alleges a single cause of action for negligence and seeks exemplary damages ba...

Excerpt: ... of Chun Huang filed on December 21, 2022 as it was signed by her attorney instead of by Huang. Chun Huang was sworn in and affirmed all statements in that Affidavit. Defendant then requested time to file objections to the Affidavit. The Court granted Defendant's request and ordered that objections be filed by March 10, 2023. Plaintiff would have until March 22, 2023 to file a response. Defendant filed objections ten days late on March 20, 2023 w...

Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...

Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...

Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...

Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...

Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...

Excerpt: ...e Partes abide by the rules and procedures and work together as professionals to move this matter forward. Procedural Background The Complaint in this matter was filed on July 25, 2022. Generally, a party must file a response to a complaint within 30 days after the summons and complaint are served upon them. (CCP S 412.20(a)(3).) To evidence when the complaint was served, the "proofs of service on those defendants must be filed with the court wit...

Excerpt: ...nt Young demurs to the Fourth, Fifth, and Sixth causes of action, the only claims asserted against him. Defendant contends that Plaintiff has failed to alleged facts suffcient to constitute each of these causes of acton (CCP S 430.10(e)), and that the Fifth and Sixth causes of action are also uncertain (CCP S 430.10(f).) Defendant's Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h).) For the follow-ng reasons, Defendant's de...

Excerpt: ...s ("ANM") filed this action for breach of settlement agreement, specific performance, and intentional misrepresentation against Defendant Nikki Bowery on June 29, 2022. On or about March 24, 2021, ANM sold Bowery a Cadillac CTS V (the "Vehicle"). Sometime thereafter, Bowery made various allegations against ANM relating to defects in the Vehicle, which culminated in a Settlement Agreement and Release on June 15, 2022 ("Agreement"). (Ex. A to Decla...

Excerpt: ... business Friday, April 7, 2023. Factual and Procedural Background Plaintiff owns a townhome located at 75 Glen Valley Circle in Danville, California (the "Property"). The Property is located within the Camino Ramon Terrace Association and is governed by the relevant CC&R's. Defendant Camino Ramon Terrace Owner's Association is the homeowner's association ("HOA") responsible for the common areas and homes in the Camino Ramon Terrace Association. ...

Excerpt: ...amended complaint by May 8, 2023. If no guardian ad litem is appointment by early May, Plaintiff's counsel shall request an extension of the time to file an amended complaint by ex parte application. The case management conference schedule for April 12, 2023 is continued to June 9, 2023. Kimberley Briggs has filed this lawsuit "as Parent and Natural Gaudian" of Trey Briggs. No guardian ad litem has been appointed in this case and no guardian ad l...

Excerpt: ...ado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been acting in the course and scope of her employment for the Sutter Defendants at the time of the events in this case. In the operative SAC, P...

Excerpt: ...mbia, Canada for Defendant's alleged failure to repay a loan. Plaintiff obtained an alternative service order allowing Defendant to be served by e-mail and Facebook. Defendant failed to appear, and Plaintiff obtained a default judgment against Defendant. Defendant now resides in Contra Costa County. Plaintiff filed this civil action to recognize the judgment obtained in British Columbia, Canada. Motion Pursuant to Code of Civil Procedure S 438, D...

Excerpt: ...f the implied covenant of good faith and fair dealing, fraud, and conversion. Wittrien filed, and presumably recorded, a notice of pendency of action on June 15, 2021. In May or June of 2020, the parties entered into negotiations for Wittrien to purchase the Property at 1480 Taylor Road in Bethel Island, California (the "Property") from Defendant Teresa Jo Mazzarella. The Property was in significant disrepair and had been declared a nuisance by t...

Excerpt: ...d by defendant East Bay Municipal Utility District ("EBMUD") needed to be relocated. This case is, at bottom, a dispute between CCTA and EBMUD concerning the cost of relocating those pipelines. The parties stipulated to, and the Court ordered, cross motions for summary adjudication. Because the cross motions address the same causes of action, the Court considers it appropriate to issue one consolidated tentative ruling, which will tentatively res...

Excerpt: ...s a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Plaintiff moves for summary adjudication against Defendant's 35th affirmative defense which asserts that Defendant's actions are protected by the doctrine of judicial deference set forth in Lamden v. La Jolla Shores Condominium Homeowner's Ass'n (1999) 21 Cal.4th 249. Plaintiff mcwes on the ground that this affirmative defense "is inapplic...

Excerpt: ..."this policy should be applied only 'where no prejudice is shown to the adverse party.' A different result is indicated 'where inexcusable delay and probable prejudice to the opposing party' is shown." [Citations omitted.) (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) Amendment is properly denied where there has been an unreasonable delay in seeking the amendment. (Green v. Rancho Santa Margarita Mortgage Co. (1994) 28 Cal.App....

Excerpt: ...ting this action. The Complaint alleges three causes of action under the Song- Beverly Consumer Warranty Act, Civil Code section California's vehicle "lemon law" is contained in the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq. (the "Song-Beverly Act") which includes California's "Lemon Law." He alleges claims for breach of express warranty, breach of implied warranty, and failure to timely service and repair his vehicle in...

Excerpt: ...d reached agreement that County would pay plaintiff $45,000 in exchange for a dismissal of this action. At the time of the mediation, Plaintiff had appealed her termination with the Contra Costa County Merit Board. The administrative proceedings had been stayed at Plaintiff's request pending the outcome of this case. The parties never executed a written settlement agreement because they disagree as to the material terms of the settlement. County ...

Excerpt: ...ends over the single family residence located at 1751 Argonne Drive in Concord (the "Property"). In a separate unlawful detainer action, defendants Dan and Tracey Towne (the "Townes"), who own the Property, are seeking to evict the Plaintiffs. Plaintiffs filed a verified complaint initiating this action alleging nine causes of action against the Townes, including a claim for specific performance, based on an alleged oral agreement made in Septemb...