Excerpt: ...urt may dismiss the complaint as to that defendant when: Except where Secton 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal." CCP section 597 applies to trials of defenses and is not applicable to this action. The Court sustained Defendant's Demurrer to Plaintiffs' First Amended Complaint with leave to amend ...

Excerpt: ...stments v. Decher Young, QI-0258. ("C21 case") In the C21 case, Decher Young was the defendant and the attorney for Mr. Young, Mr. Levin, represents Mr. Young in both cases. The attorneys for Steven Pinza was the same counsel in the C21 case. Neither party asked this court to take Judicial Notice of the C21 case, but as the C21 case is relevant to the motion to recover costs of service and service by publication, the Court does so on its own moti...

Excerpt: ...OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 the MS] is granted. Factual and Procedural Background Defendant opened an American Express Platinum Card account on September 17, 2016 ending in 1004. UMF 1. The terms and conditions for use of the Account are governed by a Cardmember Agreement. UMF 2. American Express sent Defendant a copy of this Agreement along with the physical...

Excerpt: ...nt moves for summary judgment on the grounds that Plaintiff failed to comply with the Government Claims Act. For the followng reasons, the Motion is denied. Judicial Notice Defendant's request for judicial notice is granted. (Evid. Code SS 452, 453.) Legal standard SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 code of Civil Procedure ("CCP") SS 437c(o)(1) and 43...

Excerpt: ...he same statutes for their requests for sanctions, the Court will address both Motions together. For the reasons set forth below, the Motions are granted as outlined below. Procedural Background Plaintiff filed the initial Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June ...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...

Excerpt: ...25, 2022.) Plaintiffs confirm that Rodriguez is not named as a defendant on the first through third causes of action in light demurrer. Plaintiffs' request for monetary sanctions is denied. This motion would not have been necessary if Plaintiffs had complied with CRC 2.112 in drafting their third amended complaint. 19. AM CASE NUMBER: C20-01330 CASE NAME: Hurtado v. HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE FILED BY: SUTTER HEALTH AND...

Excerpt: ... Cross-complaint ("FACC") "1 1, 2.) In the main action, Johnson has sued Fong to recover the amount he paid Fong based on what Johnson contends was defective work. In his FACC, Fong alleges that Johnson came to Fong's residence and demanded Fong pay him money or Johnson would inform Fong's neighbors that Fong was a convicted felon who served a prison sentence in connection with a crime involving moral turpitude and dishonesty. (FACC 3-8, 10, 12- ...

Excerpt: ...tter on June 5, 2023. It set forth fourteen causes of action against defendants George and Bellerny Raygoza. On August 11, 2023, Defendants filed their Joint Answer to unverified Complaint consisting of a general denial as well as forty-five affirmative defenses. Plaintiff filed the instant demurrer to the Answer, demurring to forty-three of those affrmative defenses. The two not demurred to are the affirmative defenses for: statute of limitation...

Excerpt: ...on 1). Plaintiff also sued Rollamatc for the failure to prevent harassment / hostile work environment, retaliation (FEHA and Labor Code sections 1102.5 and 6130) and wrongful terminaton (causes of action 2-6.) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 10/11/2023 Defendants demur to causes of action 1, 2, 3, 4 and 6 based on the failure to allege facts sufficient to s...

Excerpt: ...act. Defendant demurs to Plaintiff's claims on several grounds. For the following reasons, the Demurrer is sustained without leave to amend. Request for Judicial Notice Defendant requests judicial notice of a settlement agreement between the parties as well as several County documents and dc„cuments from the California Department of Industrial Relations. Plaintiff objects to the request for judicial notice. With respect to the Settlement Agreem...

Excerpt: ...25, 2022.) Plaintiffs confirm that Rodriguez is not named as a defendant on the first through third causes of action in light demurrer. Plaintiffs' request for monetary sanctions is denied. This motion would not have been necessary if Plaintiffs had complied with CRC 2.112 in drafting their third amended complaint. 19. 9:00 AM CASE NUMBER: C20-01330 CASE NAME: Hurtado v. Rodriguez HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE FILED BY: SU...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...

Excerpt: ...23 ("Collections Complaint"). The Collections Complaint pleads causes of action for account stated and open book account for Walker's alleged breach of a credit card agreement with LVNV's assignor, Navy Federal Credit Union ("NFCU"), in the approximate amount of $26,000. On May 2, 2023, Defendant and Crosscomplainant Mark T. Walker ("Walker") filed an unverified Class Action Cross- Complaint for Declaratory Relief and Damages against LVNV ("Cross...

Excerpt: ...f shall file any amended pleading by October 23, 2023, or shall file and serve notice of Plaintiffs election not to amend by that date. Background The background of the case, causes of action, and relevant factual allegations of the first amended complaint ("FAC") are set forth in the concurrent ruling on the defendants' demurrer to the FAC. Legal Standards Applicable to Motion to Strike Punitive Damages The Court may strike allegations that are ...

Excerpt: ... JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 32 Plaintiffs are Jason Kristal, JKristallnvestmentsLLC, and 219KingsburyGrade, LC (the "Kristal Plaintiffs"). Defendants are Omer Eugene Beaird Ill ("Eugene"), Alesia Thomas ("Alesia") (collectively, "Defendants") and their former attorney, M. Todd Jenks. Plaintiffs filed a Notice of Settlement of their claims against Mr. Jenks on September 18, 2023. This action is preceded by three rel...

Excerpt: ... cause of action Plaintiffs' prayer for punitive and exemplary damages. The motion to strike is denied as moot, based on the Court's concurrent ruling on the demurrer to the second cause of action. 5. 9:00 AM CASE NUMBER: C22-02757 CASE NAME: CHRISTIAN WATKINS VS. TANETTE MAFFEI HEARING ON DEMURRER TO: DEMURRER TO CROSS COMPLAINT FILED BY DEF FILED ON 6/6/23 FILED BY: *TENTATIVE Before the Court is a demurrer by defendants John Norheim and Steve ...

Excerpt: ...the treatment and care of Plaintiffs' father ("Decedent") which resulted in his death on September 15, 2020. Decedent was admitted to Defendant The Reutlinger Community ("Reutlinger"), a licensed Residential Care Facility for the Elderly, on March 27, 2020. Decedent had developed dementia prior to his admission as a result of a traumatic brain injury. Plaintiffs filed their initial Complaint on September 16, 2021. The Complaint alleged a single c...

Excerpt: ...dants Corporation for Better Housing, 69 Carol Lane, L.P. and 73 Carol Lane, L.P. filed a motion for summary judgment or alternatively for summary adjudication. The notice of moton sought summary judgment and did not separately list any issues for summary adjudication. In addition, Defendants' separate statement did not list any issues for summary adjudication. After the initial hearing date on this matter passed, Defendants filed an amended noti...

Excerpt: ...ndant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plaintiff and modification of the claims asserted. The second amended complaint successfully withstood demurrer. The settlement would create a gross settlement fund of $1,224,210. The class representative payments to the plaintiffs...

Excerpt: ...or approval of their attorney's fees, litigation costs, administrative fees, and representative payments. Both motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 52 class members. 2 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 24 packets were returned by the post office. Follow-up was unable to find better a...

Excerpt: ...mount and the average paput. There are a number of identifiable reasons for this, most of which are understandable and acceptable. However, it appears that there may have been a substantial miscommunication with respect to one particular (and unusual) feature of this settlement namely that the employee class members, not the employer, end up bearing the cost of paying the employer's share of payroll taxes on the settlement proceeds. SUPERIOR COUR...

Excerpt: ...aintiff was employed as a non-exempt employee during the relevant time period, though the pleadings and moving papers do not identify her job capacity or employment dates. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 28 C. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of viola...

Excerpt: ...yed by SWAT as a journeyman pipefitter, working at the Tesoro site in February and March of 2019. The motion is granted. B. Background of the Case and Terms of Settlement This a PAGA case (not a class action), asserting that SWAT violated the Labor Code by not paying employees for the time spent donning and doffing safety gear at the beginning and end of shifts. Notably, SWAT changed its policy and commenced paying for donning and doffing time in...

Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...