Excerpt: ...ce of a preliminary injunction would not be an appropriate exercise of discretion. (See City of San Jose v. MediMarts, Inc. (2016) 1 Cal.App.5th 842, 850; O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463‐64.) Plaintiff allowed the first priority loan to go into default, to the point where a trustee's sale was set. Plaintiff could not reasonably expect defendant, the holder of the second priority loan, to stand idly by. It would app...

Excerpt: ...��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 denied, without prejudice. 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.) There was a landslide and damage...

Excerpt: ... on the failure to allege sufficient facts to state a cause of action (due to the statute of limitations expiring) and on uncertainty. Defendant argues the statute of limitations has run on the negligence claims. Code of Civil Procedure section 339(1) “imposes a two‐year limitation on all actions on ‘obligation or liability not founded upon an instrument of writing.' It has been construed to cover actions based on negligent wrongs not invol...

Excerpt: ...rding the cause of action for breach of contract are undisputed and that defendant is entitled to judgment as to the entire case as a matter of law. (See the evidence and material facts cited in the body of this ruling.) The motion for summary adjudication is denied as to that cause of action for the same reasons, but granted as the Second Cause of Action. Defendant has met its initial burden to establish there was a genuine dispute about the val...

Excerpt: ...owers”), and Defendant Agave Grill Corporation (“Agave Grill”), (collectively, “Defendants”). “An injunction cannot issue in a vacuum based on the proponents' fears about something that may happen in 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...

Excerpt: ...r system for their residence which they built on their property located at 2 Crane Court, Orinda, California (the "Property"). They allege the sprinkler system leaked on multiple occasions, causing water damage to their home. Plaintiffs filed their original complaint in March 2019. In April 2021, Plaintiffs were granted leave to file a first CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 01/06/22 ‐ 13 ‐ amended ...

Excerpt: ...und This is a wrongful death and elder abuse case. Plaintiffs Brenda Roberts and Terri West are the daughters of decedent Ardist West, Sr., who died on March 4, 2019. Plaintiffs have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 01/05/22 ‐ 2 ‐ reached a tentative settlement with Defendants. Ms. Lowanda West‐Brown, also a surviving daughter of Mr. Ardist West, Sr., is named a nominal defendant in this action. ...

Excerpt: ...Civil Procedure § 430.10(c).) The primary rights theory is applied to determine whether claims involve the same cause of action. (Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384.) Under this theory, “the determinative factor is the harm suffered. When two actions involving the same parties seek compensation for the same harm, they generally involve the same primary right.” (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 798...

Excerpt: ...te the facts only briefly here. Plaintiff Annie Ko's husband, Peter Chong, died on September 2, 2018, following bleeding and complications from a tonsil biopsy performed by a private physician, Dr. Joel Ross, on August 31, 2018. Ko did not file this wrongful death lawsuit until two years later, on September 2, 2020, even though the statute of limitations on a claim for medical malpractice is one year “after the plaintiff discovers, or through t...

Excerpt: ...o, LLC, Plaintiff JFP‐AG/Longview, LLC, and Plaintiff JFP‐AG/Carthage, LLC (collectively, “Plaintiffs”)'s Verified Amended Complaint (“VAC”) for declaratory relief and contract reformation. Defendant demurs to Plaintiffs' cause of action for declaratory relief and two causes of action for contract reformation pursuant to Code of Civil Procedure (“CCP”) § 430.10 subsections (e), (d), and (f) on several grounds. As a threshold issu...

Excerpt: ...t 9 Meadow Park Court in Orinda. Defendant Black Diamond Paver Stones & Landscape, Inc. (referred herein as “Black Diamond” or “BD”) is co‐owned by Defendants Roger Van Alst and Tiffany Van Alst. Black Diamond advertises it is a licensed contractor. Defendant Roger Van Alst has a C‐27 landscape contractor's license and is the Responsible Managing Employee (RME) and/or Responsible Managing Officer for Black Diamond. (Complaint, ¶¶ 12...

Excerpt: ...or the past 10 years, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films” (“x‐ ray discovery”) In April of 2021, Plaintiff objected to the subpoenas as overbroad. Defendant withdrew the subpoenas and reissued them in October, 2021 with similar language, but adding that the above‐quoted request was limited to “head, neck, and back” injuries or treatment for “10 years prior to 8/23/2019...

Excerpt: ...dence 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 engage in the conduct sought to be enjoined.” (Ep...

Excerpt: ...ank Trust National Association (“U.S. Bank”) (collectively, “Defendants”). Plaintiffs' motion to consolidate is denied. However, the unlawful detainer action is hereby stayed, subject to the conditions set forth below. Analysis Consolidation 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 ...

Excerpt: ...nants Thomas Milway and Megan Hansen sued Cross‐Defendants Charles and Sherry Wilcoxsons for declaratory relief (cause of action one) and quiet title (cause of action three). The remaining causes of action included in the second amended cross‐ complaint were brought against Henry and Anne Bailey and those claims have been ordered to arbitration. The notice of motion lists seven issues for summary adjudication. The issues include: 1) Cross‐C...

Excerpt: ...misrepresentation, as stated in plaintiff's Fifth Amended Complaint (“5AC”), filed on June 28, 2021. Defendants' MJOP is granted without leave to amend. Plaintiff still has two surviving causes of action, and the parties should be prepared to set a trial date at the next Case Management Conference on January 28, 2022. The Court previously granted defendants' MJOP as to the fraud and negligent misrepresentation causes of action in the Fourth A...

Excerpt: ...gment of dismissal, separate from any formal order on the demurrer, and shall submit that CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/29/21 ‐ 18 ‐ proposed judgment to plaintiff's counsel for approval as to form. The basis for this ruling is as follows. HAMP. Plaintiff's claims depend primarily on the legal conclusions alleged in paragraph 17 of the First Amended Complaint. Plaintiff here alleges that defe...

Excerpt: ...l determination in this action, Thomas K. Butt, as well as anyone acting on his behalf, shall not continue to post or otherwise disclose the City's confidential attorney‐client emails, or parts thereof, to any unauthorized person, without first obtaining a waiver by City Council. This includes, but is not limited to that material originally divulged on www.tombutt.com on November 5th and 16th, 2021. A proposed order in accordance with this tent...

Excerpt: ...mily estate. The family intended the sizeable fortune, amassed during the lives of Robert C. and Lois Braddock, to go to charities 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 s...

Excerpt: ...endants”), who oppose the motion. Cross‐defendants argue Reid has added material that expands the scope of what was previously alleged. They argue that the amended pleading raises new claims such as the deprivation of support for Reid's property. They further take issue with Reid's declaration, arguing it does not comply with California Rules of Court, rule 3.1324(b), which requires declarations in support of amending a pleading to include an...

Excerpt: ...ackground CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/23/21 ‐ 12 ‐ The FAC alleges that Robert J. Mann, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused dam...

Excerpt: ...as entered at a time when Zenaida Gantan was incompetent and did not have the capacity to act on her own behalf, and that an injustice has occurred as a result. For the following reasons, the motion is granted. Request for Judicial Notice Defendant Zenaida Gantan requests judicial notice of several documents from Contra Costa Superior Court case no. P21‐01359. The unopposed Request is granted. (Cal. Evid. Code §§ 452, 453.) Plaintiff Kamilee ...

Excerpt: ...Mary Moore, as Individuals and Successors‐in‐Interest to the estate of Jasmine Nash (“Plaintiffs”)'s Complaint. Defendant AMR was substituted for Doe 1. The Complaint, as it relates to AMR pleads causes of action: 1) Wrongful Death, 2) Survival Action Based on Negligence. Defendant demurs on the grounds that Plaintiff has not stated a claim for gross negligence as required by governing statute CA HLTH & S § 1799.106(a). As set forth belo...

Excerpt: ...��). Preliminary Matters Judicial Notice Supporting the motion to strike, Defendants ask the Court to take judicial notice of the 2AC. The RFJN is denied as superfluous. The pleading that is the subject of the instant motion is, quite naturally, before the Court in connection with these proceedings, and so the Court need not take judicial notice of it. However, when a motion attacks a specific pleading, courtesy copies of the relevant pleading ar...

Excerpt: ...use each are barred by a 3‐year statute of limitation, (3) all allegations that Defendant was unlicensed because Defendant asserts it's not a material allegation and Plaintiff has not claimed specific damages from it, so the allegations are irrelevant (MTS, 6:1‐11), and (4) Plaintiff's entire Second Cause of Action for Rescission because Defendant asserts it is not a legitimate cause of action and is otherwise time‐barred. The Court hereby ...

Excerpt: ...g 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 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/16/21 ‐ 7 ‐ se...

Excerpt: .... Feng (in his official capacity as Presiding Judge of the Superior Court), and T. Michael Yuen (in his official capacity as Chief Executive Officer of the San Francisco Superior Court), have violated relevant provisions of the Penal Code by failing to provide necessary priority to the conduct of criminal trials. In general, Petitioners allege that that there is a “humanitarian crisis in San Francisco's criminal legal system.” More specifical...

Excerpt: ...y 6, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 19 ‐ Edwin Tiu and Fire Wings Concord sued Fire Wings International, LLC, Long Trinh, and Susan Trinh for terminating a franchise agreement. Fire Wings International filed a crosscomplaint against Edwin Tiu and Fire Wings Concord for (1) intentional interference with prospective economic relations (against Tiu), (2) negligent interference with ...

Excerpt: ...ller, an attorney, was negligent in his representation of Vannucchi in a separate unlawful detainer proceeding. Preliminary Matters Judicial Notice Supporting the demurrer, Miller asks the Court to take judicial notice of several matters: (1) the unlawful detainer complaint in case number MS19‐0812; (2) title search records related to Vannucchi's former residence; (3) a proof of service purporting to show the various notices given related to th...

Excerpt: ...it doubted plaintiff could successfully amend, but it granted leave to amend one more time. The court incorporates that ruling by this reference and therefore abbreviates its discussion here. Plaintiff fell on August 15, 2018, while exiting the San Pablo Library, suffering various injuries, including a fracture to her right ankle that required surgery. The Library is operated by Contra Costa County, but its building and grounds are controlled by ...

Excerpt: ...1) Dangerous Condition of Public Property, 2) Violation of Gov. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 10 ‐ Code §815, §820, and §835. Defendant also has moved to strike all claims against it except for the claim for dangerous condition of public property pursuant to Gov. Code §835. Defendant also asks the court to take judicial notice of the City's Crosswalk Policy (Ex. A). As set forth b...

Excerpt: ...wer on or before December 27, 2021. Background On July 12, 2018, plaintiffs filed a complaint against Danville for damages due to alleged contamination (trespass) on and in the vicinity of plaintiffs' property. The substances complained of are hazardous, implicating various federal statutes aimed at pollution control. On September 7, 2018, Danville cross complained against several cross‐ defendants including the Estates, setting forth 13 causes...

Excerpt: ...ulation and was added as ZOE 7 by a DOE amendment on August 27, 2021. (American National will be referred to as Coast.) Coast was served with the summons and cross‐ complaint on September 14, 2021. Coast now seeks to dismiss the cross‐complaint against it pursuant to Code of Civil Procedure section 583.420(a)(1) based on the failure to serve it with the summons and complaint within two years. Branagh's opposition was filed late. California Ru...

Excerpt: ...iduciary duty; (3) negligence; (4) breach of implied covenant of good faith and fair dealing; (5) continuing nuisance; (6) continuing trespass; and (7) declaratory relief. Defendant seeks to strike paragraphs 76, 103, 113 of the Complaint and paragraphs 7‐9 of the prayer for relief. Specifically, Defendant seeks to strike the Plaintiffs' request for injunctive relief and prayer for punitive damages. The motion is denied‐in‐part and granted�...

Excerpt: ...denied in part, and granted in part, with leave to amend, as detailed in the ruling below. Legal Standards Applicable to Motion to Strike The Court may strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Defendants' motion is made on the ground the allegations they seek to strike "request[] relief not s...

Excerpt: ...August 1, 2018, defendants, who speak Tagalog, posted a housing advertisement for a studio on Craigslist. It stated the studio would be perfect for a "pinay or pinoy." Plaintiff responded, but did not ultimately become a tenant. Plaintiff filed a discrimination complaint CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 7 ‐ against defendants with the Department of Employment and Fair Housing ("DEFH"). I...

Excerpt: .... B. There Are No Pleadings That Would Allow The Court To Evaluate The Potential “Merits” Of Plaintiff's Claims Against Baypick. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 12/16/21 ‐ 14 ‐ The second ground for denying plaintiff's motion requires more elaboration. The stated purpose of the previously issued preliminary injunction was to allow plaintiff an opportunity to get this case at issue, so that the...

Excerpt: ...r before March 1, 2017, and whether the agreements are sufficiently certain to be enforced. (Disputed Material Fact Nos. 13, 19, 21, 28, 29, 30, 31, 32; Plaintiff's Request for Judicial Notice filed 9/29/21; Def's Ex. B, Rios Depo. at 47:22‐25; 48:20‐21; 128:7‐25; 131:24‐132:2; 133:6‐20; 140:20‐22.) General background The Third Amended Complaint (“TAC”) of plaintiff, Jose Villalobos, alleges five causes of action concerning an all...

Excerpt: ...mplaint, given both her changes in counsel and additional facts learned through discovery. The Court disagrees with Defendant's attempt to distinguish a medical “disability” with a medical “condition” as grounds for prejudice in this matter, and the Court determines that Defendant is not prejudiced by Plaintiff filing the proposed Second Amended Complaint. Defendant also failed to rebut Plaintiff's claims that these additional causes of a...

Excerpt: ...rder arbitration if it determines that a valid agreement to arbitrate exists. Here, such agreement exists, as discussed below. Background Plaintiff alleges that he was recruited and hired by defendants to work for defendant RBF Investments, Inc. (“RBF”), having worked for many years in the pawn shop industry. On or about May 24, 2019, plaintiff entered into two agreements: an employment agreement and a shareholder agreement. His verified comp...

Excerpt: ...Mullen acquired property, 2210 Hoffman Lane, Byron, California, from Hogge. After plaintiff acquired the property, Hogge took portions of a solar system for installation at his new residence. Plaintiff then executed a release in favor of Hogge on April 15, 2015 in exchange for $10,800. The release states, in relevant part, that “McMullen […] hereby release[s] Bryan Hogge […] of and from all Obligations in respect to repairs agreed to at 221...

Excerpt: ...te a cause of action against Cross‐Defendants. The amended cross‐complaint shall be filed and served on or before January 4, 2022. Background Plaintiffs Ryan and Gabriela Power, husband and wife, purchased their residential property located at 137‐139 Richard Lane in Walnut Creek from Eric and Catherine Griffin. Cross‐Defendant Camille Ahern, a licensed real estate salesperson, negotiated the listing agreement with the Griffins for the ma...

Excerpt: ...s, and renders the following tentative decision. The petition is denied for the reasons discussed below. I. Background On August 31, 2020, petitioner submitted CPRA requests to both respondents. A. City (Concord Police Dept) From the City, petitioner asked for: 1. [I]nformation of each and all sexual assault cases reported to you between Jan 1, 2010 and Dec 31, 2019: Report number, date of report, date of offense, number of witness( es), number o...

Excerpt: ...lternative, summary adjudication. For the reasons that follow, the motion is granted in part and denied in part, as follows. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Code of Civil Procedure § 437c(c). “[F]rom commencement to conclusion, the party moving for summary ...

Excerpt: ...re is a triable issue of fact whether an exception to the rule of Privette, infra, and Sandoval, infra, applies. (Undisputed Material Fact (“UMF”) Nos. 2‐9, 11, 13, 14, 15, 16, 17, 18, 21, 26, 29, 35, 37.) Background This is a personal injury accident arising out of a worksite injury that occurred on June 1, 2016 when plaintiff, Kapferer, fell into an uncovered and unbarricaded trench excavated by SMI Demolition. Kapferer seeks compensation...

Excerpt: ...x. C to Oparowski Decl., Dawn Giammona Depo. at pp. 198‐199; Ex. D to Oparowski Decl., Alex Giammona Depo., at pp. 252‐ 254 and 266‐268; Ex. E to Oparowski Decl., SMI PMQ Depo., at pp. 123‐ 124.) Because of this factual dispute, it is unnecessary for the court to decide now whether a reasonable trier of fact could conclude that the accident occurred due to the sole negligence of Integra and the other subcontractor, SMI; or whether plainti...

Excerpt: ...ARING DATE: 12/10/21 ‐ 22 ‐ for failure to state a cause of action and for uncertainty are sustained, with leave to amend; and all other general and special demurrers including the demurrers to the third cause of action are overruled. Factual Background The subject of the dispute is a residential real property located at 2020 Meadowlark Ln., Oakley, CA 94561 (the "Property"). Plaintiffs Melissa Hallstrom and Victor Hallstrom (the "Hallstroms"...

Excerpt: ... Misty Helfrick's Third Amended Cross‐Complaint for (1) concealment; (2) fraud/intentional misrepresentation; (3) contribution; (4) implied indemnity (against Patrick Helfrick only); (5) comparative indemnity (against Patrick Helfrick); (6) equitable indemnity (against Patrick Helfrick); and (7) declaratory relief. Because all parties share the same surname, the Court refers to them by first name. No disrespect is intended. For the following re...

Excerpt: ...LIFORNIA DEPARTMENT: 33 HEARING DATE: 12/09/21 ‐ 7 ‐ I. Brief Factual Background Plaintiffs Brenda Price and Reginald Price (“plaintiffs”) are the adult children of Dorothy Vernita Williams, who, prior to her death in August of 2020, suffered from multiple health problems. (Complaint, ¶¶18‐21, 46.) (For clarity, the parties will be referred to by their first names. No disrespect is intended.) Dorothy also had another child, Monique Wi...

Excerpt: ...iv. Code §12940(a)), (2) Discrimination Based on Religion (Civ. Code §12940(a)), (3)Hostile Work Environment (Civ. Code §12940(j)), (4) Retaliation (Civ. Code §12940(j) and (k)), and (5) Failure to Prevent Discrimination, Harassment, and Retaliation (Civ. Code §12940(j) and (k)). As set forth below, Defendant's demurrer is overruled on Counts One, Two, Four and Five. Defendant's demurrer on Count Three (Hostile Work Environment) is sustained...

Excerpt: ...elates to the petitions filed by City of Vallejo and the Solano County Water Agency. The petitions brought by the Reclamation District and the Central Delta Water Agency are not subject to this motion (likely because those parties named Ecosystem as the Real Party in Interest). In this ruling, “Petitioners” refers to in the City of Vallejo and Solano County Water Agency and “Petitions” refers to their petitions, which are nearly identical...

Excerpt: ...r ORDERED to jointly submit a list of potential arbitrators, or barring agreement on the list, to submit a list of arbitrators that meet the requirements of Civ. Code §1281.6. A. Factual and Procedural Background On or about November 6, 2020, the Leungs presented a Residential Purchase Agreement and Joint Escrow Instructions (“Contract”) to Cross‐Defendants Robert and Nicole Murgia (“Murgias” or “Cross‐Defendants”) for the purcha...

Excerpt: ...NIA DEPARTMENT: 21 HEARING DATE: 12/08/21 ‐ 10 ‐ On or about March 26, 2020, Plaintiff Yvette Mitchell purchased a pre‐owned 2018 Toyota Yaris from Defendant El Cerrito Automotive. Plaintiff made a down payment of $7,000 and financed the remainder with Defendant Westlake Financial Services. Shortly after purchase, Plaintiff noticed defects with the vehicle's electronics, structure and interior. Plaintiff alleges Defendant has been unable or...

Excerpt: ... care, did not breach a duty of care and did not cause Plaintiffs' injuries.” As to the Third Cause of Action for Loss of Consortium, Defendant asserts summary judgment should be granted in its favor because it “was not negligent and, thus, Plaintiff is not entitled to such relief from Defendant.” As explained below, the Court finds the following: (1) Defendant failed to meet its burden to establish the “independent contractor” status o...

Excerpt: ...termination in October of 2020. Plaintiff alleges employees of Defendant verbally and physically harassed him during the course of his employment on the basis of his sex or perceived sexual orientation. Plaintiff alleges his supervisors and other management members knew about the harassment by personally seeing the actions and hearing the comments, yet his employer failed to prevent the harassment from occurring. Demurrer Pursuant to Code of Civi...

Excerpt: ...e: an initial fall in the Produce Department; a second fall while by the checkout stand; and a third fall when a Safeway employee that responded to the second fall left plaintiff's presence without taking precautions to ensure plaintiff did not fall again. Plaintiff's cause of action is not for damages for spoliation of evidence. California does not allow a cause of action for either intentional or negligent spoliation of evidence. (See Cedars‐...

Excerpt: ...the following causes of action: 1) Negligence, 2) Gross Negligence, 3) Recklessness, 4) Negligent Hiring, 5) Negligent Supervision, and 6) Negligent Retention. Plaintiff seeks general and special damages, attorney's fees, pre‐ and post‐judgment interest, and punitive and exemplary damages. The Defendant argues the complaint must be dismissed because the Plaintiff has already attempted to sue Ilg and was barred by the statute of limitations fo...

Excerpt: ... complaint for (1) breach of contract‐consulting services agreement, (2) account stated, (3) alter ego liability, and (4) unjust enrichment. Causes CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 12/03/21 ‐ 29 ‐ of action (1) and (2) are stated solely against Defendant Wingtip Communications, Inc. (“Wingtip”) while (3) and (4) are stated against all Defendants (Wingtip, Defendant Hive80 LLC (“Hive80”), ...

Excerpt: ... respect to the first, third, fourth, and eighth causes of action, but sustained as to the second, fifth, sixth and seventh causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 12/03/21 ‐ 12 ‐ served on or bef...

Excerpt: ...erts that the underlying incident occurred on March 5, 2019, and that the 2‐year statute of limitations ran on March 5, 2021, but the Complaint was not filed until August 19, 2021. On these procedural grounds alone, Defendant requests the Court dismiss the entire Complaint. The Court finds that Plaintiffs timely filed their Complaint and overrules Defendant's demurrer. Legal Standard CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: ...

Excerpt: ...26, 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 engage in the conduct sought to be enjoined.” (Epstein v. Superior Court (2011) 193 Cal.App.4th 1405, 1410.) Plaintiff has not provided evidence that Defendant intends to remove vegetati...

Excerpt: ...alue of 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 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 ef...

Excerpt: ...ehalf of themselves and as proposed class representatives alleging violations of the Industrial Welfare Commission ("IWC") Wage Order No. 1‐2001, the California Labor Code, and the Unfair Competition Law, Business & Professions Code § 17200 ("UCL"), and a fifth cause of action for civil penalties under Labor Code §§ 2698, et seq., the Private Attorney General Act ("PAGA"). Defendant MRC's general demurrer challenges only the fifth cause of a...

Excerpt: ... demurrer is sustained without leave to amend as to the Fifth and Sixth Causes of Action. As to the Seventh and Eighth Causes of Action, the demurrer is overruled. Plaintiff shall file and serve any amended complaint on or before December 23, 2021. Background Plaintiff RisoftDev Inc. alleges this is a case of breach of a fundraising contract and conspiracy to divert corporate opportunities, as well as theft of confidential proprietary and trade s...

Excerpt: ... does not state facts sufficient to constitute a cause of action; or the pleading is uncertain or ambiguous. (Code Civ. Proc., § 430.10, subds. (d‐f). The trial court is required to assume the truth of the allegations. Quelimane Company, Inc. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. A demurrer for uncertainty lies when “the pleading is so incomprehensible that a defendant cannot reasonably respond.” Lickiss v. Financial Indu...

Excerpt: ...ethod reasonably calculated to ensure nextday delivery. Exercising its discretion, the court will consider it anyway. However, plaintiff needs to take care in the future to ensure that he complies with CCP § 1005 (c). Background The court reviewed this matter in its order on the demurrer to the original complaint. That ruling is incorporated herein. In summary, this case involves a dispute between Lawrence Ford, the husband of the decedent, Kath...

Excerpt: ...�� among other things. A. Background Of course, the parties are familiar with the claims raised in the case, but the relevant facts warrant restating. Petitioners own a large tract in the Bollinger Canyon area of Moraga, which they have sought to develop with housing for decades. This effort was hampered by the fact that the Town's General Plan identified the property as a “study area,” as opposed to a more specific designation, e.g., housing...

Excerpt: ...� 410.10.) A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate "'traditional notions of fair play and substantial justice.' " (International Shoe Co. v. Washington (1945) 32...

Excerpt: ...an alleging only a claim for failure to provide suitable seating. On May 15, 2019, Clark filed a class action alleging various violations of wage and hour requirements, as well as a suitable seating claim. On January 3, 2020, Clark filed a First Amended complaint also adding a PAGA claim. That matter was removed to federal Court, a Second amended Complaint was filed, and the case was remanded to this court. The two cases were consolidated, by sti...

Excerpt: ...: (1) its First Cause of Action, for Inverse Condemnation, is valid; (2) its Fifth Cause of Action, for statutory violations is valid; and (3) San Francisco's Eighteenth Affirmative Defense, under section 831.25 of the California Government Code, is invalid. The motion is denied as to all three issues. Triable issues of fact exist whether the portion of the Arroyo that San Francisco owns is part of a public improvement and substantially caused da...

Excerpt: ...ing and retention and (2) general negligence against Defendant Brian Goldman, MD, a Medical Corporation (“Goldman Inc.”). For the following reasons, Hanover's MSJ is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/02/21 ‐ 2 ‐ At the outset, the Court also notes several defects with respect to Plaintiffs' opposition papers. First, the opposition exceeds the 20 page limit of Rule 3.1113(d) without l...

Excerpt: ...1.4; 9 U.S.C. § 3.) Principal and Pershing request arbitration of this dispute as to them based on agreements that decedent Katherine Hill‐Ford (“Hill”) signed when she established four brokerage or IRA accounts as to which plaintiff, Ford, claims an interest as her spouse and based on commingled assets. The Agreement pertaining to Principal contains a provision that all controversies concerning “my account . . . or the . . . performance...

Excerpt: ... and the preliminary injunction issued April 23, 2019 shall be dissolved. Factual Background U.S. Bank is the holder of a deed of trust recorded in 2007 encumbering the residential real property located at 2354 Alameda Diablo in Diablo (the " Property"). Mojdeh Salehomoum sued her former partner Omid Bahrami‐Daghigh, also known as Omid Bahrami ("Omid Bahrami" in this tentative ruling), asserting rights and interests in various assets and income...

Excerpt: ...29 by December 9, 2021. Please see the disposition at the conclusion of this ruling for additional details. Factual Background At issue in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The LLC agreed to sell the Property to...

Excerpt: ...ri Law, LLP and Law Offices of Matthew M. Oliveri for (1) professional negligence (legal malpractice), (2) breach of contract, (3) breach of fiduciary duty and (4) intentional infliction of emotional distress. Cross‐Defendants demurred to each cause of action. The Court overruled the demurrer to the breach of contract claim and otherwise sustained the demurrer. Seddick then filed a first amended cross‐complaint for (1) breach of oral contract...

Excerpt: ...to amend. (CCP § 430.10 (e).) It is sustained as to BCI with leave to amend regarding the First, Second, Third, and Fourth Causes of Action and sustained without leave to amend as to the Fifth, Sixth, Seventh, and Eighth Causes of Action. (CCP § 430.10 (e).) Nothing in this ruling bars Smith from asserting affirmative defenses in his Answer to the Complaint. (See Opening Brief at 8:7‐10.) Leave to amend is limited. Smith may not amend to alle...

Excerpt: ... the VP of Facility Services. (Compl. ¶ 6.) He alleges he made two complaints to StoragePro in March 2020 contending that the company was not undertaking proper COVID‐19 precautions, including failing to provide personal protective equipment for company employees. (Compl. ¶ 8.) He also complained to the company because it was allegedly performing work as an unlicensed contractor. (Compl. ¶ 9.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...

Excerpt: ...r (1) violation of Civ. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) negligence; (4) wrongful foreclosure; (5) interpleader pursuant to Code Civ. Proc § 386, Civ. Code §§ 2924j, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 12/01/21 ‐ 13 ‐ 2924k; (6) unfair business practices (violation of Bus. & Prof. Code § 17200); and (7) cancellation of written instruments (Civ. Code § 3412). Defendant...

Excerpt: ...—an obligation plaintiffs claim defendant has breached. The motion is denied. There are, at a minimum, factual disputes as to whether all conditions to performance have been satisfied. Background Luigi and Elena Gallo are the owners of servient tenement, 51 Hidden Hills Place ("the Gallo Property") in Danville, California. (Separate Statement of Undisputed Material Facts in Support of Motion, hereinafter “SSUMF,” No. 1, and response.) Joshu...

Excerpt: ... Agreement, which provided they each held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest entirely in EBO. Sirott and Robles had the other 50%. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. After the Second Amended Complaint was filed, the Subject Property was sold in September 2019 to a third party. Prior to...

Excerpt: ...ns set forth, the motion is granted. If this tentative ruling is timely contested, each side will be allowed 10 minutes to argue the matter. Factual Background Plaintiff Christopher Owens alleges that he was injured driving a cement truck at a construction site. The Moving Parties assert that Villages is the owner of the property under development where the accident happened. (Villages/Discovery Separate Statement of Undisputed Material Facts ("D...

Excerpt: ... the duty to pay the costs, or in the alternative, an extension of time. Background A short chronology of the case may be helpful. On April 26, 2017, Respondent certified an Environmental Impact Report under CEQA for the demolition of the old county jail, located in downtown Martinez. The project was related to a number of activities that composed the County's Civic Center revitalization project. Although the EIR was certified, the County did not...

Excerpt: ...the time of the alleged wrongful conduct. The MJoP next contends that the CLRA claim fails because the relevant product is an intangible financial product, and so the CLRA does not apply. Finally, the MJoP says that the 17200 claim fails because no actionable conduct has been alleged. Williams opposes each of these contentions. Before addressing the merits of the MJoP, the Court first rules on the request for judicial notice that is before it in ...

Excerpt: ...nson brings this action on behalf of himself, the State of California, and other current and former employees who worked for Defendants, Equity Residential Services, LLC, Equity Residential Services II, LLC, and Equity Residential Management LLC. Plaintiff was as an hourly paid, non‐exempt Leasing Consultant from approximately August 2016 through August 16, 2018. Plaintiff allege various Labor Code violations, except reporting time violations. ...

Excerpt: ...ss action complaint alleging that defendant violated the Labor Code in various ways. Additional claims, and plaintiff Becerra, were added by a Second Amended Complaint filed June 21, 2021. 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 ad...

Excerpt: ...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 would not exceed $25,000. The settlement administrator (Simpluris) would cap its costs at...

Excerpt: ...uring 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 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 11/18/21 ‐ 17 ‐ 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 woul...

Excerpt: ...personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate "'traditional notions of fair play and substantial justice.'" (International Shoe Co. v. Washington (1945) 326 U.S. 310, 316 . . .) (Vons Companies, I...

Excerpt: ...t aside the default, which was rejected by the Court. (Chan decl. ¶5.) Later, Martinni Inc. dba Harmony Beauty Spa filed an answer. Plaintiff was then successful in striking that answer since Harmony Beauty Spa was in default at the time the answer was filed. Defendant has now filed a motion to set aside the default. This motion is somewhat unusual and requires a two‐step analysis on the default issue. First, the Court must decide if, under it...

Excerpt: ...ORNIA DEPARTMENT: 21 HEARING DATE: 11/17/21 ‐ 10 ‐ 2) Violation of Government Code §12940(j) – Failure to Prevent Discrimination, 3) Intentional Infliction of Emotional Distress, and 4) Retaliation and Harassment. As set forth below, Defendant's motion for summary judgment denied. The motion for summary adjudication is GRANTED IN PART and DENIED IN PART. A. General Factual Background Plaintiff is a Hispanic male who has been employed by Ga...

Excerpt: ...exual abuse committed by Catholic priests, Defendants Jeff Anderson and Anderson & Associates produced a written “report” entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” The report identified approximately 212 priests in the Bay Area who had been accused of sexual misconduct. (UMF No. 13.) Plaintiff's photograph, taken over 30 years ago, was mistakenly included as the picture o...

Excerpt: ...f action, but sustained as to the third and fourth causes of action, with leave to amend, as further discussed below. To the extent that the motion to strike is not moot given the ruling on demurrer, it is denied. Any amended cross‐complaint shall be filed and served on or before December 1, 2021. Background This case was originally filed in April 2021 as an unlawful detainer, but as tenant has surrendered possession, the case is primarily a ci...

Excerpt: ...pir Fasail dba Country Farm Produce entered in possession and continued to occupy the premises located at 576 Center Street in Moraga, until eviction on or about September 12, 2019. Defendant Gapir Fasail, individually, dba Country Farm Produce was served with the summons and complaint, by substitute service on March 13, 2020. The location of service of process was 2216 MacArthur Blvd in Oakland. Defendant failed to file a responsive pleading and...

Excerpt: ...s granted. The judgment is vacated, defaults are set aside, the collection orders are recalled, and service of summons is quashed. However, with respect to this last point, defendants admit to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 2 ‐ having received the complaint, and they are encouraged to voluntarily accept service. If service efforts prove difficult, the Court will entertain a motion to s...

Excerpt: ...motion was filed, Plaintiff dismissed Antioch Jeep from the action. For the reasons set forth, FCA's motion to compel arbitration is granted as to FCA and denied as moot as to Antioch Jeep. FCA's motion to stay the action is also granted, and the action is stayed pending conclusion of the arbitration. Factual Background Plaintiff Mr. Edwards filed a complaint in February 2021 alleging claims arising out of his acquisition of a Jeep Cherokee vehic...

Excerpt: ...s also denied, as moot. Factual Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 18 ‐ Plaintiff Pentech Financial Services, Inc. ("Pentech") has sued Defendants for professional negligence and related claims arising out of the Defendants' representation of Pentech as a defendant in a partition action, Starcevic v. Pentech Financial Services, Inc. ("Starcevic Action" for convenience). Pentech ...

Excerpt: ... before November 22, 2021. Factual Background CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 11/12/21 ‐ 14 ‐ Plaintiffs filed their complaint initiating this action against Antioch in October 2020. They allege causes of action for negligence, negligent hiring, retention, supervision and training, and wrongful death. Plaintiffs are the biological parents of a 16 year old student who was shot on the premises of De...

Excerpt: ... parties disagree over whether Petitioner are entitled to challenge the 2013 certification of the EIR. Respondents argue that Petitioner cannot challenge the 2013 EIR and instead is limited to arguing that the City should have prepared a supplemental EIR. (Unless otherwise specified the opposing parties will jointly be referred to as Respondents.) The standard of review will change depending on whether Petitioner can prevail in this initial argum...

Excerpt: ...supply . . . [the following] missing information: when plaintiff first suspected that wrongdoing (other than elder abuse) contributed to her mother's death and why a reasonable investigation starting then would not have revealed the Digoxin study before May 10, 2018. The court explained, [Plaintiff's allegations] equate the date of plaintiff's discovery of the Digoxin study with the date of accrual of her wrongful death cause of action. But that ...

Excerpt: ...esponded to a marketing solicitation from defendant Seneca One, LLC. Defendant Nicholas Hruda, who told plaintiff he was vice president, communicated with plaintiff and met with her in person, falsely claiming to be an estate and wealth manager. Defendant Hruda recommended a structured settlement arrangement by which plaintiff would sell some or all of her interest in her lottery proceeds in exchange for a lump sum payment. Hruda proposed to help...