Excerpt: ... of action and sustained with leave to amend as to seventh cause of action. Plaintiff may file and serve an amended complaint that only adds allegations for the negligence cause of action by August 18, 2021. This order does not address the pending motion for leave to file a fourth amended complaint, which may give Plaintiff leave to further amend her complaint. Farrah: Defendants argue that there are no factual allegations in the Third Amended Co...

Excerpt: ... damages that plaintiff can recover in this action. An intent to benefit Alpine is not clear from the face of the contract or from the extrinsic evidence that Alpine has filed. (Plaintiff's Additional Fact No. 1; contract attached as Alpine's Ex. A; Ex. B to Bowles Decl., Saleem Depo., at 61:3‐ 4.) This is not a ruling that as a matter of law Alpine is not a thirdparty beneficiary of Eaglelift's contract with plaintiff, only that the matter has...

Excerpt: ...ant of Good Faith and Fair Dealing) Causes of Action. The demurrer is otherwise overruled. Any amended complaint shall be filed and served on or before August 4, 2021. Background Plaintiff Alannah Kull was a residential tenant at 3537 Walnut Avenue, Unit A in Concord from approximately September 1, 2018 to March 31, 2019, when Plaintiff was constructively evicted. She alleged substantial defective conditions existed at the Subject Property, which...

Excerpt: ...attorneys' fees and for an order requiring Defendant to post an undertaking of $60,000 as a condition to vacating the default are both denied. Factual Background Creditors Adjustment Bureau, Inc. ("Plaintiff") filed a complaint for money on August 28, 2020 and filed a first amended complaint on October 14, 2020 against defendants Vista Development Enterprises, Inc. ("Vista") and the moving party, Mijosa, LLC. The first amended complaint demands $...

Excerpt: ...rt provided the correct statutory citation, along with two additional cases supporting the Court's ruling. After oral argument was complete, the Court amended its tentative ruling to add these legal authorities and granted the Defendant's motion for a protective order. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 07/12/21 ‐ 3 ‐ Plaintiff has now filed a motion for reconsideration of the Court's ruling on the p...

Excerpt: ... Trust (formerly Pensco Trust Company, hereinafter “Pacific”) and secured by a deed of trust in favor of defendant Richard L. Smith (“Smith”). In 2012, plaintiff obtained a second mortgage loan for $50,000 through Pacific, also secured by a deed of trust in favor of Smith. When the loans became due in 2019, plaintiff contacted Smith to discuss postponing the due dates. The discussions did not result in any agreement until the summer of 20...

Excerpt: ...fic Premier Trust on March 18, 2021, and on defendant Smith March 30, 2021. (Declaration of Ramonchito De Castro, Ex. A, Ex. C.) Counsel for the parties began exchanging emails on April 27, 2021 when defendants' attorney initiated contact to declare her representation of defendants and discuss settlement. (Declaration of Adeline Tungate, ¶6.) She did not secure additional time to answer at that time. Plaintiff's counsel sent an email response on...

Excerpt: ...Entity Defendants”). The MJOP relates to Plaintiff Anu McKinney (“Plaintiff” or “McKinney”)'s Complaint for: (1) Negligent Undertaking (against Elizabeth Anne Miller, the Public Entities); (2) Negligence (against Elizabeth Anne Miller and Does 1‐100); (3) Negligent Hiring, Supervision, or Retention of Defendant Elizabeth Anne Augusto Miller (against Brentwood Union School District, Brentwood Union Elementary School District, Liberty U...

Excerpt: ...terms of the proposed settlement have changed somewhat since the agreement was submitted, and since the initial hearing before the Court on June 24, 2021. The total settlement payment is $790,000. This is composed in part of attorney's fees of $263,333.33 (one‐third of the total recovery), $13,706.67 in litigation costs, and a maximum of $15,000 in costs to the settlement administrator. ILYM Group is the administrator. The remainder of the fund...

Excerpt: ... action; (b) denied as to the sixth cause of action against Namath Sahar, Joseph Sahar, and Nathan Sahar, and (c) granted as to the sixth cause of action against Michele Sahar. Factual Background Plaintiff Said Shefayee Jr. has sued his ex‐wife Michele Sahar, his former father‐in‐law, defendant Namath ("Nemat") Sahar, and two other former relatives, Nathan ("Haseeb") Sahar and Joseph ("Habib") Sahar. In referring to defendants in this rulin...

Excerpt: ...ty of the San Francisco Bay herring stock and fishery”. Defendant requests that the prayer for relief for environmental monitoring be stricken. In Miranda v. Shell Oil Co. (1993) 17 Cal.App.4th 1651 the court allowed a toxic tort plaintiff to get damages for the cost of future medical monitoring as a result of exposure to the toxin. The court explained that “[a] toxic‐tort plaintiff may not recover for preventative medical care and checkups...

Excerpt: .... The matter will not be transferred until the order is approved and the fee is paid. Case management conference set for July 20, 2021 is vacated. Background and Motion to Transfer From approximately November 2019 to June 2020, Shantiel Mueller (“plaintiff”) worked for Urban Plates, LLC and Urban Plates‐Del Mar, LLC (“defendants”) at their restaurant in Carlsbad, San Diego County, California. (Complaint, ¶6.) Defendants are alleged to ...

Excerpt: ...set an order to show cause why a preliminary injunction should not issue for May 27, 2021. That hearing was continued to July 8, 2021. For the following reasons, Plaintiffs' motion for a preliminary injunction is denied. Request for Judicial Notice Defendant's unopposed request for judicial notice of several County Recorder's Office documents is granted. Evid. Code §§ 452, 453. Legal Standard The ruling on an application for preliminary injunct...

Excerpt: ...nt residence, place of employment, and times he can be served at each. Background The court grants plaintiff's Request for Judicial Notice filed June 21, 2021. On its own motion, it also takes notice of other documents filed in the harassment case that support the facts set forth herein. Plaintiff opposes the motion to quash on two grounds: (1) leaving the summons and complaint in the door handle was sufficient under the case law; and (2) the cou...

Excerpt: ...will expire on January 25, 2022 unless extended by this Court. The parties should be prepared to try this case in late 2021 or early 2022 (an actual trial date will be set in the future). Additional conditions of the injunction are discussed below. This matter was first heard on June 4, 2021. The matter was then continued to July 2, 2021 and each side was allowed to file further briefs on whether or not to issue a preliminary injunction. The Cour...

Excerpt: ...21. Background Plaintiffs Bruce Lemay and Diane Lemay allege to be the lawful owners of real property commonly known as 6 Melissa Court in Pittsburg. On or about August 26, 2004, Plaintiffs CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 07/02/21 ‐ 13 ‐ obtained a mortgage loan in the amount of $323,000, secured by a Deed of Trust against the Subject Property. The Deed of Trust was assigned several times. On July...

Excerpt: ...third amended complaint, it shall notify Defendant in writing by July 16 (by email and mail, unless the parties agree to email only) and Defendant will then have until July 30, 2021 to file her answer. Defendant demurs to causes of action (6) Conspiracy to Commit Fraud, (7) Conspiracy to Commit Fraud, (9) Conversion, (11) Conspiracy to Commit Conversion, (15) Aiding and Abetting Breach of Fiduciary Duty, (19) Unjust Enrichment, and (23) Accountin...

Excerpt: ... granted, without leave to amend. Background Facts Plaintiffs entered into a written rental agreement with Defendant Guardian of KW Hilltop LLC for the subject premises at 3400 Richmond Parkway #3316, Richmond, CA 94806. (FAC at ¶ 9.) Plaintiffs allege that Defendants failed to maintain the subject premises and that it suffered from mold/mildew, water damage from a heater malfunction, no/unsecured mailbox, dangerous and unmaintained carpet, and ...

Excerpt: ...ces located on 21st Street in the City of Richmond owned, leased or controlled by the individual defendants. (FAC ¶ 9.) She alleges the sidewalk where she fell was defective, and that a "tree planted on" the sidewalk contributed to the defective condition of the sidewalk. (FAC ¶ 10.) Plaintiff alleges two causes of action against the City for dangerous condition of public property under Government Code § 835, and the City's violation of a mand...

Excerpt: ...fendants Jeff Anderson and Jeff Anderson & Associates PA published an attorney advertising brochure entitled, “Clergy Sexual Abuse in the Archdiocese of San Francisco, Diocese of Oakland, Diocese of San Jose.” Plaintiff's photograph, taken over 30 years ago is mistakenly included as the picture of “Fr. Edward F. Beutner.” Additionally, the Anderson Defendants held a news conference on October 23, 2018, during which pictures of the priests...

Excerpt: ...as a matter of law. In citing the evidence supporting this ruling and including both disputed and undisputed material facts, the court generally accepts plaintiff's version of any disputed fact. In effect, the court is ruling that the dispute and plaintiff's additional facts are immaterial; the City prevails as a matter of law anyway. (See Defendant's Material Fact Nos. 1‐14.) Background This case arises out of an incident that occurred on Febr...

Excerpt: ...& A Medical Supply Company, Inc., entitled “Consultant Pharmacist Corporate to Corporate Agreement” in which the plaintiffs agreed to provide pharmacist services to the defendant. (First Amended Complaint, hereinafter “FAC,” ¶4.) Plaintiffs performed under the contract and billed defendant. (FAC, ¶5.) Defendant breached the contract when it failed to pay plaintiffs' invoices from about April 2016 through May 2017. (FAC, ¶6.) Damages ca...

Excerpt: ...ns set forth, the Court rules as follows: (a) the special demurrer to the FAC as a whole for uncertainty under Code of Civil Procedure § 430.10(f) by the USSPOSCO Defendants is overruled; (b) the general demurrer by UPI to the first and fourth causes of action under Code of Civil Procedure § 430.10(e) are overruled; (c) the general demurrer by USS and POSCO‐Cal to the first and fourth causes of action for failure to state a claim under Code o...

Excerpt: ... court strikes, without leave to amend, any request in the First Amended Complaint for an award of punitive damages against defendant Wild Idol, LLC dba The Aloha Club. (See, e.g., paragraph 23 and paragraph 9 of the Prayer.) Background This is a suit for wrongful death. Defendant Keith J. Brown was an employee of defendant The Aloha Club when he consumed alcohol to the point of intoxication on the night of October 6 and early in the morning of O...

Excerpt: ...fornia Star Remodeling, Inc. doing business as Citychamp Construction entered into a construction contract (Prime Contract) whereby Citychamp agreed to act as general contractor for extensive renovations and remodel of the Subject Property. There were numerous deficiencies and defects in the work performed by Citychamp and its subcontractors. Plaintiff allegedly terminated the contract on or about February 11, 2020. Plaintiff seeks disgorgement o...

Excerpt: ... at issue in this case. The parties may address this case during oral argument. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 06/25/21 ‐ 22 ‐ Petitioner Brentwood Auto Spa filed a petition for writ of mandate challenging the City of Brentwood's decision to approve a development project by Robinson Oil Company (real party in interest). Robinson Oil opposes this writ, with the City joining in the opposition. The ...

Excerpt: ...around Bolla's investment into litigation activities conducted by Dunken. Essentially, it appears Bolla invested money in the hopes that he would later receive a portion of any portion of a settlement or judgment Dunken recovered in various product defect cases. That investment arrangement apparently was memorialized in four separate note purchase agreements (the “NPAs”). The operative complaint pleads a separate cause of action for breach of...

Excerpt: ...enth, and Thirteenth Causes of Action. Plaintiff argues these causes of action are based on Plaintiff's protected activity and in retaliation for Plaintiff's exercise of her protected rights to free speech and to petition. Defendant/Cross‐Complainant Yuriy Galeev filed this cross‐complaint on December 10, 2020. It appears that Galeev's Proof of Service of the cross‐complaint is incorrect. At the case management conference of May 20, 2021, t...

Excerpt: ...fendant's motion is denied, without prejudice. Background Facts This dispute arises from Defendant Antonio Aceves' incident with Plaintiff Ricardo Martinez at Pizza Guys owned by Defendant Sauman, Inc. and located at 8610 Brentwood Boulevard in Brentwood. (Complaint at ¶ 4.) Plaintiff Ricardo Martinez alleges he saw that Defendant Aceves did not wash his hands before preparing food. (Id.) Following this, Plaintiff submitted an email to Pizza Guy...

Excerpt: ...COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/24/21 ‐ 6 ‐ defense counsel sent an email inquiring about the discovery, to [email protected]. Apparently, this resulted in an extension, because on January 25, 2021, defense counsel sent another email to the same address, stating that an extension had been granted but that it had expired. Defense counsel granted plaintiff's request for another extension, and resp...

Excerpt: ...r meal and rest breaks, and failure to provide accurate itemized wage statements. The total settlement payment is $790,000. This is composed in part of attorney's fees of $263,333.33 (one‐ third of the total recovery), $13,706.67 in litigation costs, and a maximum of $15,000 in costs to the settlement administrator. ILYM Group is the administrator. The remainder of the funds, $497,960.60, is a PAGA penalty, which will be distributed 75% to the ...

Excerpt: ...nged since the General Plan was adopted in 1973, prior to plaintiff's purchase. Plaintiff does not dispute most of the factual issues underlying the motion. Those that he does dispute, including the validity of a zoning ordinance passed decades ago, are not material. Summary judgment is granted. The City shall prepare an appropriate form of judgment, separate from any order on the motion, for submission to the Court. Background This is a land use...

Excerpt: .... This case involves the sale and purchase of a motor vehicle. Plaintiff signed a Retail Installment Sale Contract (“RISC”) for the purchase of a vehicle through the now‐defunct car dealership CMR 36 Motors. The Contract includes the following notice: “ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE ...

Excerpt: ...ial date in this case. On January 25, 2021, the Court gave notice to counsel that the trial was continued to August 30, 2021 as the department was unavailable on August 9, 2021. On June 7, 2021, Counsel for Defendant moved to continue the trial claiming that certain Defendant witnesses are scheduled to be in a trial in Butte County which is scheduled on the same date as this matter. Plaintiff opposes the motion to continue, asserting that the But...

Excerpt: ...ackground Plaintiff Adriana Valdivia and Defendant Armando Ayala each own an undivided one‐half interest, as tenants in common, in Subject Property located at 935 Kilkenny Way in Pinole. Plaintiff alleges she was compelled to vacate the Property on May 15, 2019. Defendant has occupied the Property exclusively since Plaintiff vacated the Property. Before this action was CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE...

Excerpt: ...as injured while he was participating in a nuisance abatement project in the City of Richmond. The owner of the property had hired plaintiff's employer to remove vehicles, boats, and sheds from the property. At the time, two public safety officers from the City of Richmond were present as well, “securing and rendering safe” the abatement project, specifically with respect to “unauthorized occupant issues.” Plaintiff was shot by a loaded a...

Excerpt: ...oss‐Complainants”) Cross Complaint (“XC”) for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) rescission, (4) lost profits, and (5) elder abuse. Cross‐ Defendant moves for summary adjudication pursuant to Code of Civil Procedure § 437c against the causes of action for (3) rescission and (5) elder abuse on several grounds. For the following reasons, the Court grants‐in‐part and denies‐in‐pa...

Excerpt: ...�� which occurred before the two falls shown near the check stand in the video that Safeway produced. (See Undisputed Material Fact No. 8; Disputed Material Fact Nos. 1, 2, 9, 11; Nikolskaya Declaration; Discharge Summary from John Muir Medical Center attached as Ex. B to the N. Shahan Decl.; the video that Safeway produced; and the documents showing that Safeway did not produce all video that plaintiff requested.) Based on all the evidence the c...

Excerpt: ...sta Deputy Sheriff Officer Kevin Escover responded to an automobile collision in Danville at approximately 8:09 p.m. Petitioner Michael Cho's vehicle had veered into a parked car. Petitioner admitted to drinking three glasses of wine prior to driving. According to Officer Escover, Petitioner showed objective signs of intoxication and performed poorly on the field sobriety tests. The preliminary alcohol screening (PAS; roadside breathalyzer) showe...

Excerpt: ...'s counsel for approval as to form. The basis for this ruling is as follows. A. Defendant's Argument. Defendant summarizes defendant's main opposition argument as follows: The Award in the instant case violates Mr. Weiner's statutory rights under Civil Code §1916.2 [sic — incorrect citation] because even though Ms. Seidman “construed” the Loan Agreement to allow for compound interest and filed litigation to recover the same, she was nevert...

Excerpt: ...an order to show cause (“OSC”) re why defendant and defendant's counsel should not be sanctioned under sections 128.5 and 128.7 of the Code of Civil Procedure, to be heard at the same date and time. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 06/18/21 ‐ 17 ‐ The parties need not file any further papers. If the parties choose to do so, all such papers shall be filed and served in accordance with the ordina...

Excerpt: ...le question for resolution; namely, whether it is appropriate to pierce the corporate veil of Rainier DSC 15 LLC under Delaware law. Legal Standard Applicable to Summary Judgment Hess contends that this action has no merit under CCP section 437c(a)(1). Section 437c(p)(2) supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action has no merit if the party has shown t...

Excerpt: ...ode of Civil Procedure Section 387(d)(2). The Court may allow intervention in an ongoing suit where the proposed intervenor has a direct and immediate interest in the litigation; the intervention will not enlarge the issues in the case; and the reasons for intervention outweigh any opposition by the parties. Truck Ins. Exch. v. Sup. Ct., 60 Cal. App. 4th (1997). This is a fact‐specific inquiry that is generally left to the sound discretion of t...

Excerpt: ...ickson was appointed as the personal representative of the estate. (SAC ¶ 5.) Plaintiffs filed a creditor's claim on December 4, 2019 and a corrected creditor's claim on December 5, 2019. (RJN E, SAC ¶7.) Defendant rejected on this claim on February 13, 2020. (RJN E; SAC ¶8.) The Register of Actions for the probate case (MSP19‐00912) shows that rejection was filed on February 24, 2020. After a demurrer, Plaintiffs filed a second amended comp...

Excerpt: ... class action complaint alleging that defendant violated the Labor Code by failing to provide meal and rest periods, and premium pay. PAGA allegations were added in the Second Amended Complaint, filed September 14, 2020. The submitted materials document that initial PAGA notices and notice of the settlement were provided to the LWDA. The settlement would create a gross settlement fund of $630,000. The class representative payment would be $7,500....

Excerpt: ...bar Kessler from proceeding with an unlawful detainer action, harassing the Foundation's tenants and interfering with their quiet enjoyment, interfering with the Foundation's contractual relationship with the Department, and interfering with its agreements with its subtenants. (Cross‐ Complaint, ¶ 104.) Kessler filed the instant anti‐SLAPP motion under CCP § 425.16 on April 6, 2021. He asks the court to strike the entire eleventh cause of a...

Excerpt: ...has dismissed that cause of action. Any amended Cross‐Complaint shall be filed and served on or before July 1, 2021. Background Kessler demurs to multiple causes of action, but one main theme is consistent CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 12 ‐ throughout: the Foundation may not sue for the damages it seeks, lost profits, because (1) under the Berkeley Rent Stabilization Ordinance (the ...

Excerpt: ...isor, Defendant Paul Larkin, routinely harassed Plaintiff due to his disability. Plaintiff continued to report the harassing behavior and CVS failed or refused to protect Plaintiff from the harassment Plaintiff alleges CVS wrongfully, constructively terminated him on or about June 23, 2020. Plaintiff filed this action for discrimination, harassment, and wrongful termination on December 16, 2020. Motion Pursuant to 9 U.S.C. §§ 1, et seq., Defend...

Excerpt: ...tractors, including Custom Marble. With the assistance of a mediator, Custom Marble and Kiper reached an “issue release” settlement for $12,500 subject to a judicial determination that the settlement was in good faith, which was issued in September 2020. Custom Marble and Kiper's agreement contemplated further negotiations as to pre‐litigation Crawford fees, though they agreed any defects or damages arising from Custom Marble's scope of wor...

Excerpt: ...NTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/17/21 ‐ 2 ‐ abandoned vehicle that Plaintiff later learned was driven by Defendant Kenneth Faul, II. Plaintiff is informed and believes that the vehicle driven by Faul was owned by Defendant Getaround, Inc. Plaintiff filed this action for negligence and motor vehicle (property damage and personal injury) on May 12, 2020. Plaintiff's request for entry of default aga...

Excerpt: ...ourt must order arbitration if it determines that a valid agreement to arbitrate exists. Here, one does, as discussed below. Background In February 2016, plaintiff was hired as a cook by defendant. Defendant is a subsidiary of Peak Restaurant Partners, LLC, which operates 40 IHOP restaurants in seven states. (See Decl. of Patricia Martinez in Support of Motion, “Martinez Decl.,” ¶¶2‐ 4.) Plaintiff, a non‐English speaker, signed a number...

Excerpt: ...(f), and for failure to state a claim on which relief can be granted under Code of Civil Procedure § 430.10(e). Plaintiff shall file her Second Amended Complaint by June 30, 2021. Background The Amended Complaint alleges claims for violation of the Song‐Beverly Consumer Warranty Act, Civil Code § 1790 et seq. ("Song‐Beverly Act") without identifying separate causes of action in the text of the pleading. (Am. Compl. ¶ 5.) Plaintiff alleges ...

Excerpt: ....” (Further Opposition, filed on 5‐28‐21, p. 3, Part II‐B.) The matter now before the Court is titled as follows on the computer docket: “SPECIAL SET HEARING ON: RECONSIDERATION OF MOTION FOR SUMMARY JUDGMENT SET BY JUDGE BURCH.” It would appear that no party has a pending motion before the Court, either a motion for reconsideration or a motion for summary judgment. Rather, the parties have filed papers in response to Judge Burch's in...

Excerpt: ...nst their landlords for claimed habitability issues. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 36 HEARING DATE: 06/14/21 ‐ 4 ‐ The landlords are a married couple, Dimas Cruz and Maria Vasquez. Upon appearing in this action, Cruz filed a cross‐complaint for indemnity and damages against his wife, Vasquez, on the theory that she was the one responsible for managing this rental property and she should have sole responsibilit...

Excerpt: ...fault and Default Judgment; Motion to Quash is denied without prejudice. Background Plaintiff PCF Insurance Services of West, LLC is the assignee of the written agreement between Defendant Michael Mansel and R.L. Milsner Insurance, Inc. On or about February 1, 2016, Defendant Mansel and R L Milsner Insurance, Inc. entered into a written agreement whereby Mansel sold his property and casualty book of insurance business to Milsner, Inc. On or about...

Excerpt: ...e outcome of the arbitration. For the reasons set forth, the motion to compel arbitration is granted, and the motion to stay the action pending completion of the arbitration is also granted. Factual Background Plaintiff purchased a 2015 Mercedez‐Benz vehicle from defendant MBWC in 2017. The vehicle was manufactured by MBUSA. Plaintiff's complaint alleges four causes of action against MBUSA, including violations of the Song‐Beverly Consumer Wa...

Excerpt: ...d Complaint (“TAC”). The TAC alleges seven causes of action: (1) elder abuse; (2) negligent breach of fiduciary duty; (3) fraud; (4) attorney fees against all defendants; (5) attorney fees against Venhauses; (6) abuse of process; and (7) punitive damages. Defendant demurs to the entire TAC pursuant to Code of Civil Procedure § 430.10(b) on the grounds that Plaintiff does not have the legal capacity to sue, as well as each individual cause of...

Excerpt: ...d cross‐complainant SWA Group on January 4, 2021. Roebbelen's demurrer is sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10, subd. (e).) Roebbelen shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to SWA's counsel for approval as to form. The basis for this ruling is as follows. A. The First Cause of Action. The First Ca...

Excerpt: ...e June 21, 2021. Background In November 2017, Attic Masters was hired to perform work for Leah Marthinsen and Miguel Quinonez‐Skinner (“Homeowners”). Specifically, the work involved removing existing insulation and blowing in new insulation. (Cross‐Complaint, ¶¶9‐ 10.) In November 2018, Homeowners sued Attic Masters and its principals, Lynette Watkins and Moshe Gohar (collectively, “Attic”), claiming that the job was improperly pe...

Excerpt: ...tlement Terms The original complaint was filed October 7, 2019. It is a class action complaint, on behalf of two classes of employees. One class is General Class Members, who allegedly were misclassified as “exempt” employees, and therefore did not receive appropriate paychecks, were not paid for all hours work, and did not receive rest or meal breaks. The second class, Wage Statement Class Members, allegedly received wage statements that did...

Excerpt: ... Danville Boulevard in Alamo. The Lease term was set for five years, until October 1, 2023. The Lease contained a provision that Lessee shall not assign, transfer, mortgage, encumber, or sublet all or any part of Lessee's interest without Lessor's prior written consent. Plaintiff attempted to sell the business and proposed two assignees, whom Defendant approved and later rescinded the consent. Plaintiff filed this action for breach of contract (f...

Excerpt: ..., John Roberts, Carlos Andersen, Baldomero De Leon, Norman Livermore, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 06/10/21 ‐ 2 ‐ Frank Tzeng, and Anthony Demeo, whose surviving spouse and successor, Linda Demeo, was substituted as plaintiff for Anthony Demeo by the Court's Order filed April 29, 2021 (the "Opposing Plaintiffs"). The IPA's second motion for summary adjudication is granted in part as to the ...

Excerpt: .... CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/10/21 ‐ 10 ‐ On July 27, 2020, ROIC sued defendants for breach of their lease based on nonpayment of rent. The complaint attaches a copy of the lease as Exhibit A ("Pinole Lease"). Defendants filed their answer to the complaint in August 2020. Defendants now seek leave to file a cross‐complaint based on Plaintiff's alleged breach of the Pinole Lease in Novemb...

Excerpt: ...37c (f).) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c (f)(2).) 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 Civ. Proc., § 437c (c...

Excerpt: ...t counters that plaintiffs have not satisfied the conditions for lifting the stay. (Opposition, pp. 5‐6, Part III‐ A.) Both arguments are based on a mistaken premise. The Court previously stayed this action until one of the following developments occurs:  The Paez action, Paez v. Beverages & More, Inc., Los Angeles Superior Court No. 19‐STCV‐30950, is finally resolved by judgment, settlement, or otherwise.  The coordination motion j...

Excerpt: ...of Business and Professions Code section 17200, negligent / intentional misrepresentation, and declaratory relief. Defendant Ocwen opposes this motion. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) Leave to amend can be denied where there is “ ‘inexcusable delay and probab...

Excerpt: ...granted with respect to the second, third, and fourth causes of action. Plaintiff fails to present evidence of fraud, negligent misrepresentation, and NIED, but as to the alleged breach of oral contract, defendants have failed to shift the burden to plaintiff and triable issues of fact exist. Background This is a dispute between twin brothers, plaintiff Derk Beal (“Derk” or “Plaintiff”) and defendant Derek Beal (“Derek” or “defendan...

Excerpt: ...Amended Complaint (“FAC”) for (1) breach of contract; (2) negligent misrepresentation; (3) specific performance; (4) breach of the implied covenant of good faith and fair dealing; and (5) bad faith. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) breach of contract: all three Liberty Mutual entities demur to this cause of action pursuant...

Excerpt: ...ful foreclosure; (5) constructive eviction; (6) breach of the covenant of good faith and fair dealing; (7) violation of Bus & Prof. Code § 17200 et seq.; and (8) declaratory relief. Defendant demurs to the SAC pursuant to Code of Civil Procedure (“CCP”) § 430.10 on the grounds that Plaintiffs lack standing and fail to allege facts sufficient to state a cause of action. For the following reasons, the Demurrer is continued until August 30, 20...

Excerpt: ...onse to the supplemental papers, the Court will so state in the tentative ruling posted before the continued hearing. The Court requests evidence and briefing on the following issues. A. Unsupported Factual Representations. In the supplemental memorandum filed on April 30, 2021, Thompson Builders makes many unsupported factual statements. These include the following:  Page 1:25–2:3: “The DRBF Manual has gone through three iterations since ...

Excerpt: ... that order is expected. The basis for this ruling is as follows. A. Procedural Posture. The operative pleading is plaintiff's original Complaint, filed on August 8, 2016. Plaintiff — who does not speak English — alleges that he was fraudulently induced to sign a deed transferring to defendant a 100% ownership interest in the subject real property. Plaintiff had intended to gift only a 50% ownership interest. Plaintiff alleged five causes of ...

Excerpt: ...re of a penalty only in actions to redress unfair or deceptive acts or practices, not in actions for compensation for personal injury or for elder abuse involving physical injuries and emotional distress. (See Hood v. Hartford Life & Accident Ins. Co. (E.D. Cal. 2008) 567 F. Supp.2d 1221, 1228‐1229.) The court provides a more complete analysis of this issue below. 7. Denied. 8. Moot because this item in the Prayer is tied to a cause of action a...

Excerpt: ...ered not to sell or otherwise transfer title to the Property. This injunction will expire on January 25, 2022 unless extended by this Court. Additional conditions of the injunction are discussed below. Plaintiff currently lives at a house in Pinole (the Property), which is the subject of this lawsuit. Plaintiff alleges that she had a deal with the Defendants that entitles her to an ownership interest in the Property. Plaintiff also alleges that t...

Excerpt: ...t stated, lived in a condominium unit next door to Michael Luecker's unit. (Compl. ¶¶ 1, 5, A [p. 5].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (Compl. ¶¶ 1, 2, 22, p. 10.) The Complaint appears to allege the owners' association was responsible for the corroded pipes, but that Mr. Luecker was neglig...

Excerpt: ...are seeking to attach the assets of Defendants' trust, the M&K Murphy Family Trust. Standard “Under Code of Civil Procedure section 483.010, a prejudgment attachment may issue only if the claim sued upon is (1) a claim for money based upon a contract, express or implied; (2) of a fixed or readily ascertainable amount not less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commerc...

Excerpt: ... to traveling healthcare staff, by excluding per diem benefits and non‐ discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The class representative payment to plaintiff would be $2,500. Counsel's attorney's fees would be $83,333 (33% of the settlement). Litigation costs would not exce...

Excerpt: ...mpetition Law (Bus. & Prof. Code §§ 17200 et seq.). Defendant demurs pursuant to CCP § 430.10(e) on the grounds that Civil Code § 1749(b)(2) does not require immediate cash refunds of gift cards with an outstanding balance of less than $10.00, that subsection (b)(2) does not provide a private cause of action, and that Plaintiff has failed to allege his statutory standing for his UCL cause of action. Legal Standard “The function of a demurre...

Excerpt: ...espects, the motion is granted. Background Facts Plaintiff Dr. Bimal Patel and Defendant Dr. Matthew Sirott are medical doctors and are the managers of 400 Taylor Holdings LLC (“400 Taylor”), whose sole asset was the medical office building located at 400 Taylor Boulevard in Pleasant Hill. There had been a vacant suite at the Subject Property since the inception of 400 Taylor, LLC in March of 2007. On October 30, 2016, Dr. Patel, on behalf of...

Excerpt: ...y for convenience, the "Target Businesses"). For the reasons set forth, the motion for appointment of a receiver is denied, and the alternative motion for appointment of a monitor is also denied. Background On September 10, 2020, Plaintiff Janice Alamillo ("Janice") filed a complaint alleging 29 causes of action for conversion, fraud, breach of fiduciary duty, and other claims against Laurence Alamillo, her former spouse ("Larry"), the family com...

Excerpt: ... Cause of Action. The amended complaint shall be filed and served on or before June 23, 2021. Background Plaintiff Land Home is engaged in the business of making, brokering, and servicing residential home loans. Defendant Ernesto Gomez was first hired by Land Home in 2008. On or about May 1, 2016, Land Home and Gomez entered into a Loan Originator Employment Agreement and a Producing Branch Manager Addendum to the Loan Originator Employment Agree...

Excerpt: ...quirements have not been met, the application is denied. Background This real estate fraud case involves plaintiff's contentions that his investments in multiple real properties were rendered worthless through acts of defendants, who, spearheaded by real estate developer, Kevin Hampton, transferred debt through a network of LLCs to avoid liability. Abrahams' investments began in 2004, when he became inspired by, and therefore began investing with...

Excerpt: ...Trampas in Alamo. In July 2016, after inspection of the partially completed structures by a qualified general contractor, Plaintiff discovered a number of conditions that were not constructed in accordance with the applicable code, or in accordance with the plans. Plaintiff this action negligence, breach of oral agreement, breach of express and implied warranties, and professional negligence. On February 18, 2018, Defendant Clifford Barbera filed...

Excerpt: ...t shall be filed and served on or before June 11, 2021. Background Plaintiff alleges various causes of action concerning the death of her mother on May 10, 2017 while a patient at Kaiser. Plaintiff alleges that, in an act of elder abuse, nurse Kiral improperly withheld oxygen from plaintiff's mother on May 9 or 10, 2017, and that her mother also died because she was mis‐prescribed Digoxin and Warfarin for years and was taken off Digoxin in 2016...

Excerpt: ...t damage to plaintiff's personal property. (FAC, ¶¶2, 43‐44.) After the subject incident, CSAA, the homeowner's insurance company of plaintiff's landlord, filed a complaint against defendant Whirlpool Corporation in Santa Clara County Superior Court to recover damages caused by the defective refrigerator. (FAC, ¶43.) After filing suit, and without informing plaintiff of any intent to permanently alter the refrigerator, CSAA took possession o...

Excerpt: ...; (8) negligent property inspection; (9) breach of CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/27/21 ‐ 22 ‐ implied warranty; (10) violation of civil code § 2079; and (11) professional negligence. Only the eighth cause of action is alleged against Defendant FDRW. Defendant demurs to Plaintiff's cause of action for negligent property inspection pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) o...

Excerpt: ...lly, failure to join the trustee of the trust alleged in the Complaint. For the following reasons, the Demurrer is sustained, with leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (20...

Excerpt: ...bor Code by failing to include all discretionary incentive pay in the regular rate of pay for purposes of calculating overtime, failing to provide proper expense reimbursements, failing to pay wages for time spent at mandatory meetings, failing to provide meal and rest breaks, waiting time penalties, and non‐compliant wage statements. Previously, on February 8, 2019, Molale had filed a complaint in this county making CONTRA COSTA SUPERIOR COURT...

Excerpt: ...chased a vehicle from non‐party Michael Stead's Auto Depot (the Seller). Plaintiff then experienced a number of problems with the vehicle. Plaintiff raised these problems with the manufacturer, FCA, but the problems were not fixed. Plaintiff took the vehicle to FCA authorized repair dealerships, including to McKevitt. Plaintiff is now suing FCA for a number of warranty related claims and one fraud claim and suing McKevitt for negligence in repa...

Excerpt: ...c., and Essex Property Trust, Inc. The only relationship these third parties have to this case is that each is a former employer of Johnson. The subpoenas seek information related to plaintiff's past compensation, employment applications, hours worked, work schedule, attendance records and complaints. Johnson moves to quash the subpoenas, arguing that the information is not relevant to this case, invades his privacy, and is for purposes of harass...

Excerpt: ...iff's reputation. Plaintiff served Defendant Yang with summons and complaint by alternative means on August 31, 2018. After numerous attempts at personal service and after three attempts made by the Canadian government under The Hague Service Convention, Plaintiff obtained a court order to serve Defendant Yang by posting the summons and complaint at his house and simultaneously mailing to Defendant. Plaintiff obtained a court order to serve Yang ...

Excerpt: ...he Court's findings below, the motion is granted. AB shall lodge an appropriate order in compliance with Cal. R. Ct. 2.551. Sealing Motion ArcByt, Inc. ("AB") filed a demurrer to Plaintiffs' Complaint and a motion to strike. In support of its demurrer and motion to strike, AB filed the Declaration of Kimberly Lembo Abrams which attaches 11 exhibits. AB has moved for an order allowing certain portions of those exhibits to be filed under seal, with...

Excerpt: ...a preliminary matter, the Estate requests the Court take judicial notice of the complaint in this matter. The request is denied. The complaint is part of the Court's file in this matter, and so judicial notice is superfluous. The Court may consider the pleadings in this matter in connection with deciding the MSJ. Legal Standard The Estate contends that this action has no merit under CCP section 437c(a)(1). Section CONTRA COSTA SUPERIOR COURT MART...

Excerpt: ...t and second causes of action, with leave to amend, and otherwise overruled, as further discussed below. Any amended complaint shall be filed and served by June 4, 2021. Background In June 2015, parties entered into a lease agreement whereby Fitness International agreed to lease property from National Retail in order to operate a “health club and fitness facility.” (FAC, ¶14; see also Lease, Exhibit A to First Amended Complaint, at § 9.1.) ...

Excerpt: ... a written lease), violation of state statutes (Civil Code §1941.1, Health & Safety §17920.3), negligence and a Business and Professions Code section 17200 claim. Defendants argue that the breach of contract claim fails because Luis Flores did not have a rental contract or other agreement to live at the property. Defendants argue that the remaining claims fail because there was no landlord‐tenant relationship between Flores and the Defendants...

Excerpt: ...ted to the sound discretion of the court. After review of the Plaintiff's proposed Second Amended Complaint, Plaintiff's Response to Defendant's Opposition, and Plaintiff's previous filings in support of the motion, the Court finds the additional allegations fail to allege actual fraud. As the claims sound in legal malpractice, they are subject to the one‐year statute of limitations set forth in Code of Civil Procedure 340.6. Ordinarily the jud...

Excerpt: ... (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, and (4) declaratory relief. The Motion seeks an order striking the FAC in its entirety, or in the alternative, striking all of Plaintiff's claims against Defendant Sam Limones, the third cause of action for negligence (FAC ¶¶ 15‐40), and/or the fourth cause of action for declaratory relief (FAC ¶¶ 30‐40.) Defendants move pursuant to CCP §�...

Excerpt: ... (b) 6th C/A for negligence ‐ overruled; (b) 11th, 12th and 14th C/As ‐ sustained without leave to amend and without prejudice to Plaintiffs pursuing the relief sought by those causes of action by appropriate petition or proceeding under the Probate Code before the Probate Division of the Court. In light of the supplemental Case Management Conference statements and this ruling, Plaintiffs are also granted leave to amend the SAC to the extent ...

Excerpt: ...kground This case presents the issue whether a cross‐defendant may continue to prosecute a cross‐ complaint for equitable indemnity against an alleged joint tortfeasor whose demurrer to the plaintiff's complaint was sustained without leave to amend. Under the circumstances of this case, the court concludes the answer is yes. The court grants the unopposed Request for Judicial Notice filed April 2, 2021. It takes judicial notice of the existen...

Excerpt: ... is denied. Petitioner Main St shall prepare a proposed judgment, and serve a copy of the proposed judgment on respondent Ms. Heppner. The proposed judgment shall attach a copy of the Final Award dated March 10, 2021 as a properly tabbed exhibit to the judgment. (Cal. R. Ct. 3.1110(f).) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/20/21 ‐ 2 ‐ Factual Background This dispute arises out of a buy‐out provisi...

Excerpt: ...r expense reimbursements, unlawful deductions, waiting time penalties, and non‐ compliant wage statements. It also includes PAGA allegations, which were added in the First Amended Complaint, filed December 12, 2019, based on a notice provided to the LWDA on September 16, 2019. A Second Amended Complaint was filed on March 22, 2021. The settlement would create a gross settlement fund of $950,000. The class representative payment to plaintiff wou...