Excerpt: ...California State Department of Parks and Recreation ("Parks Dept.") or any other interested party should be joined in the action. Cross‐complainant/defendant Mr. Cervantes and the Intervenors have filed statements of position, and Mr. Cervantes filed a response to the Intervenors' statement of position. Neither Mr. Cervantes nor the Intervenors suggest that any parties should be joined other than potentially the Parks Dept. Mr. Cervantes conten...

Excerpt: ...Court and to the other side. If timely contested appear by Zoom or CourtCall at 10:45 a.m. (See website for links) Background In June of 2016, in response to plaintiff's helping defendant David Foutz's wife commence divorce proceedings, David called plaintiff's then‐wife, Donna Ward. (For clarity, the parties will be referred to by their first names. No disrespect is intended.) During this call, Donna and David conspired to (1) lure plaintiff h...

Excerpt: ...rs to Cross‐Complainant's causes of action for IIED and negligence pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on the grounds that Strange's claims are barred by the relevant statutes of limitations and dos Santos' communications are entitled to qualified privilege. For the following reasons, the Demurrer is overruled‐in‐part and sustained‐in‐part. The Demurrer is overruled with respect to the intentional infliction of ...

Excerpt: ...rranty of fitness for a particular purpose, (8) strict liability – manufacturing defect, (9) strict liability – design defect, (10) strict liability – failure to warn, (11) negligence – design and manufacturing defect and (12) negligence – failure to recall / retrofit. Defendant has not challenged the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 05/06/21 ‐ 8 ‐ indemnity and contribution claims in its...

Excerpt: ...filing of a cross‐complaint. Plaintiff has requested and the Court takes judicial notice of the Registry of Actions in this matter, the Legislative Committee Commentary to California Assembly Bill codified by law as Civil Code 1952.3. Cal. Evid. Code §§ 452, 453. A cross‐complaint is only prohibited so long as the tenant remains in possession of the premises. See Gonzales v. Gem Properties (1974) 37 Cal.App.3d 1029, 1034 Code Civ. Proc., §...

Excerpt: ... 2018. Plaintiffs include as defendants the seller, Smurthwaite; Smurthwaite's real estate broker; and the escrow company, Fidelity. Smurthwaite cross‐complains against Fidelity and others. His causes of action include indemnity against all cross‐defendants, as well as specific claims against Fidelity alone: breach of contract, breach of fiduciary duty, and, in his Ninth Cause of Action, Negligence. The latter three causes of action are all b...

Excerpt: ...based on the failure to state a cause of action and on uncertainty. The demurrer does not specify whether it is addressed to the entire complaint or to a particular cause of action as required by California Rules of Court, rule 3.1320(a). The memorandum and meet and confer letter did specify the challenged causes of action and there appears to be no prejudice to Plaintiff who addressed each challenged cause of action in his opposition. Therefore,...

Excerpt: ...led and served on or before May 13, 2021. Background Plaintiffs own land in Lafayette (“Land”), which they acquired from John Barsell Jr. ("Barsell") in September 2005. (FAC, ¶¶1‐9.) Plaintiffs allege, on information and belief, that in 1974, as a condition of approval of a subdivision request by Barsell, Barsell agreed to a ten‐year moratorium on developing the Land. (FAC, ¶10.) They allege Barsell never succeeded in subdividing the L...

Excerpt: ...ton. (Complaint, ¶¶1‐3.) Plaintiff's property is located across the street, to the east, and uphill from defendant's property, with no other homes in between. (Complaint, ¶3.) When plaintiff moved into his home in 1968, he had an unobstructed view of the San Francisco Bay and surrounding areas. (Complaint, ¶6.) Defendant acquired the property across the street in 1991 and, since 2010, defendant's “magnolia trees and other trees” have be...

Excerpt: ...ealing (class); and (5) breach of the implied covenant of good faith and fair dealing (individual). Defendant demurs to Plaintiff's first four causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. This demurrer came previously on for hearing on April 8, 2021. Before that hearing, the Court posted a tentative ruling on April 7, 2021 directing that the parties be prepared to discuss the following issues: Not...

Excerpt: ... the pleadings challenges to rest. However, it had to grant leave to amend as to Dr. Kim as to the First Cause of Action (Negligence) and Second Cause of Action (Battery), even though the other defendants had not demurred to the First Cause of Action and had demurred unsuccessfully to the Second. Plaintiff did not limit her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 6 ‐ amendment as the court had ...

Excerpt: ... granted preliminary approval after requiring some supplemental briefing. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/29/21 ‐ 9 ‐ A. Terms of Settlement The proposed class would consist of all consumers in California who have or had a Mendocino Farms gift card with a balance of $10 or less from November 18, 2015 to the date of preliminary approval of the settlement. The relief provided is that Mendocino Fa...

Excerpt: ... May 20, 2021. The Court waives the usual page limitation on memoranda of points and authorities for the papers to be filed on May 13 and May 20. The Court requests that courtesy copies of all papers be provided to Department 39. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/29/21 ‐ 21 ‐ A. Procedural Posture. On January 13, 2021, petitioner Oak Hill Park Company (“Oak Hill”) commenced this proceeding by...

Excerpt: ...mberly L. Moore in support of the Motion, which is titled First CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/29/21 ‐ 2 ‐ Amended Complaint and includes Exhibit A (FAC ¶ 81), and (2) the amended pleading shall be filed within 10 days of the date of the hearing. Factual Background Plaintiffs allege they engaged Defendant Advanced Automatic Sprinkler, Inc. ("Advanced") to design and install a fire suppression...

Excerpt: ...overtime, failure to provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. More specifically, plaintiff alleges that defendant did not reimburse for cell phone expenses even though a cell phone is needed for use of its mobile application, that defendant failed to pay for time worked traveling between patients, that defendant changed employees' hourly rates after they began working, that defendant failed to...

Excerpt: ...Settlement Terms The original complaint was filed June 26, 2019. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to reimburse business expenses. The complaint alleges that the plaintiff class regularly worked overtime, but the rate of overtime pay was not properly calculated because in calculating the regular rate of pay, defendant failed to include commiss...

Excerpt: ...e of Action is denied. A factual issue exists whether Valentine was a member of ZLAJ as of July 16, 2014, given that the his title on the May 2015 Statement of Information for ZLAJ was “Managing Member,” yet in testimony he denied ever being a member of ZLAJ. (See Donchin v. Guerrero (1995) 34 Cal.App.4th 1832, 1839‐1840.) Because summary adjudication is denied as to at least one cause of action, summary judgment is also denied. Background ...

Excerpt: ...sponse using Judicial Counsel form EA‐120. Both forms are in the format of a declaration under penalty of perjury by the party. The plain language of the Elder Abuse Act authorizes a trial court to issue a restraining order against any individual who has engaged in abusive conduct, as defined by statute, toward a person age 65 or older or a “dependent adult.” On the face of his Request, Petitioner acknowledges that he is 50 years old. “De...

Excerpt: ...months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not ...

Excerpt: ...dure §877.6 had the burden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the TechBilt] factors as to be inconsistent with the equitable ob...

Excerpt: ... before May 3, 2021. Factual Background Trident Plaza is a commercial office park in San Ramon comprised of five parcels. Plaintiffs Sponges and Mr. Gallucci each own a parcel in the office park. A Declaration of Covenants, Conditions & Restrictions ("CC&Rs") was recorded in November 1993 providing for the formation of nonprofit owners' association to own the common areas and manage the office park for the benefit of the owners. (Gallucci Decl. E...

Excerpt: ...ng the fees were in the court file, and the matters should have been scheduled together, the Court is considering the fees as part of the motion for approval and the later hearing date for the fee motion will be vacated.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/22/21 ‐ 3 ‐ A. Background and Settlement Terms The original complaint was filed December 24, 2019. It is a class action complaint alleging that...

Excerpt: ...Omega Electric Supply, LLC (“Buyer”), Coywolf Capital Partners, LLC, and Omega Pacific Electric Supply, Inc. (the “Company”) brings this action to hold Armanino LLP CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/22/21 ‐ 4 ‐ and its employee Gunther Hofman responsible for breaches of their fiduciary duty to the Company. Plaintiff Coywolf is an investment firm formed by Plaintiffs Philipp Gruner and Rei...

Excerpt: ...or before May 3, 2021, at 5 pm. The supplemental briefs shall not exceed ten pages in length, excluding any pages devoted exclusively to captions or signatures. Tables of contents/authorities are not necessary. The joint declaration shall be as long as needed to address the Court's question. The supplemental submissions shall address the following questions: (1) the briefing on the MJoP indicates that the parties agree that the Supreme Court's op...

Excerpt: ...Code section 1102.5 to her pending employment dispute with defendants. She requests the amendment because Labor Code section 1102.5 was recently amended to add a subsection (j). That subsection states, “The court is authorized to award reasonable attorney's fees to a plaintiff who brings a successful action for a violation of these provisions.” Defendants raise various arguments about the validity of the new cause of action. The most substant...

Excerpt: ...estar attorney's fee. The primary disagreement is that the City disputes the Scheer's claim for a multiplier of 1.5 in addition to the lodestar amount. Generally, fee multipliers may be approved by the court in its discretion, based on a variety of factors. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138‐1139.) These factors include the risk of non‐payment of a contingent fee, whether this risk has been mitigated; and whether the matter involv...

Excerpt: ...ing this motion was not calendared with the demurrer. Upon further consideration, however, the Court finds that this motion should be considered with the demurrer. The motion and opposition have already been filed and there is no prejudice to the parties for the Court to consider this motion now. Defendants seek to strike (1) references to “all defendants” in the fraud cause of action, (2) incorporation of earlier facts in the complaint in tw...

Excerpt: ...ke or neglect. The motion is granted. Defendants shall prepare, file, and serve the proposed responsive pleadings attached to counsel's declaration on or before May 3, 2021. Background In 2019 One Gro and Island Breeze Systems, LLC (“plaintiff”), entered into a Settlement Agreement requiring One Gro to pay plaintiff $450k in installment payments from April 15, 2019 through December 23, 2020. As security for the agreement, in addition to a per...

Excerpt: ...ess keyless entrypad used to input a code to open a garage door and a Craftsman 1/2 horsepower garage door motor. On December 16, 2020, the Court denied Mr. ElKhoury's motion for class certification for the reasons stated in the Court's ruling of that date, including the fact that Plaintiff's second amended complaint ("2AC") did not include the allegations necessary to support class certification. Mr. ElKhoury seeks leave to file the 3AC to "cure...

Excerpt: ... Cucho struck the bus head‐on on San Pablo Road, injuring Ms. Ifraz. She sued the driver Mr. Cucho and defendant Mr. Pacahualo who was the registered owner of the vehicle. (References in this tentative ruling to "Mr. Cucho's truck" or "Mr. Cucho's vehicle" are for convenience and refer only to the vehicle he was driving, recognizing the vehicle was apparently titled to Mr. Cucho's father.) Ms. Ifraz added Scavengers as a defendant by a Doe amen...

Excerpt: ...NT: 07 HEARING DATE: 04/16/21 ‐ 3 ‐ Defendant Spare Time moves for summary judgment on the grounds that the Membership Agreement signed by Plaintiff's mother and guardian ad litem, Melissa Xavier, waived all Plaintiff's claims and released Defendant from any liability for Plaintiff's alleged personal injuries resulting from any negligence on Defendant's part and/or arising out of the use of Defendant's facility. Defendant also moves on the gr...

Excerpt: ...on for Leave to File a First Amended Complaint.” Defendants maintain the Court order the motion to be filed within two weeks of the CMC. However, that is not stated in the Court's Minute Order. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 07 HEARING DATE: 04/16/21 ‐ 8 ‐ Secondly, motions for leave to amend the pleadings are directed to the sound discretion of the court. Ordinarily the judge will not consider the validity of ...

Excerpt: ... demurrer to the first through eighth causes of action, as well as the eleventh cause of action for IIED is sustained. The District's demurrer to the twelfth cause of action for wrongful termination, as well as the thirteenth and fourteenth causes of action, is overruled. The demurrer by the remaining defendants (“Individual Defendants”) is sustained. Should any party contest this ruling, they should be prepared to discuss whether Nazir v. Un...

Excerpt: ...rchase of a Wolf range. The Court filed reflects plaintiff appeared at the first case management conference on February 19, 2020, which was continued to June 9, 2020 at that hearing. Plaintiff then failed to appear at the June 9, 2020 CMC, and at the continued CMC set for August 18, 2020. The Court issued an order to show cause as to why the case should not be dismissed for failure to appear and failure to prosecute ("OSC") which was set for hear...

Excerpt: ...l a final determination is reached in Nubia Alvarez, et al. v. SRG Operating, Inc. dba Coventry Place, San Francisco County Superior Court, Case No. CGC‐ 20‐583540, and Andrea Picos, et al., v. SRG Operating, Inc., Los Angeles County Superior Court, Case No. 20STCV2929, or until further order of the Court. Background In this wage and hour case, plaintiff was employed by SGO as a non‐exempt hourly caregiver from December 2017 to August 2019....

Excerpt: ...ign object in defendant Panda's food. Plaintiff complains in this second lawsuit about four subpoenas for medical records that defendants, which include Panda and its attorneys, issued in the original lawsuit. Plaintiff complains that these subpoenas, to various Kaiser facilities, violated his rights because they sought “all” his medical records. Plaintiff had treated at Kaiser since 1972, so the subpoenas covered 47 years of medical records....

Excerpt: ...In or about February 2016, Defendants hauled away her fencing material and other property from the yard and refused to return her property. She filed this conversion, theft by embezzlement, and violation of the Unruh Act. Meet and Confer (CCP §§ 430.41 and 435.5) Code of Civil Procedure § 430.41 provides: “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who...

Excerpt: ...wned by Chesley. Chesley was served with the complaint on January 27, 2020. (ACC ¶ 2.) Chesley filed claims with the County and with cross‐defendant East Bay Municipal Utilities District ("EMBUD") on July 1, 2020. (ACC ¶ 2.) On July 2, 2020, Chesley filed a cross‐complaint against the County and EMBUD for indemnity and declaratory relief. On August 11, 2020, the County rejected Chesley's claim. Chesley filed its ACC on December 11, 2020, al...

Excerpt: ... writ portion of this case. Defendants made no showing that the Court's order on the writ was final for purposes of issue or claim preclusion. Thus, those doctrines do not apply. Both parties have failed to discuss the law of the case doctrine and the standards for when a trial court may reconsider its rulings. “Where an appellate court states in its opinion a principle or rule of law necessary to its decision, that principle or rule becomes th...

Excerpt: ...019: the Third Cause of Action for negligence, the Fourth Cause of Action for intentional fraud, and the Fifth Cause of Action for negligent misrepresentation. The motion is granted without leave to amend as to defendant SLS. The motion is moot as to defendant U.S. Bank, because that defendant is not named in the three causes of action that are the subject of the motion. (4AC, p. 8:25‐26; p. 10:4‐5; p. 11:16‐17.) Defendants have already fil...

Excerpt: ...posts are protected activity. Plaintiff does not oppose this point. The Court agrees with Defendant that the statements made on realtor.com and yelp.com are protected activity. (Code of Civil Procedure § 425.16(e)(3).) Commercial Speech Plaintiff argues that the commercial speech exception applies here. Plaintiff has “[t]he burden of proof as to the applicability of the commercial speech exemption… .” (Simpson Strong‐Tie Co., Inc. v. Gor...

Excerpt: ...to clean her attic and blow in new green fiber cellulose R‐38 for a total of $3,388.27. (Complaint, ¶10.) A deposit of $376.48 was paid and Attic Masters immediately started the work. (Ibid.) About 20 minutes after the job began, a hole in the suction hose allowed material sucked from the attic to enter and spread into the house. (Complaint, ¶11.) The hose was immediately turned off and Attic Masters attempted to clean to house and spray Lyso...

Excerpt: ...ss is defined as follows: “All current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the State of California at any time during the period from four years preceding the filing of this Complaint to final judgment.” According to the Declaration of Ingrid Garcia, human resources director for VICI Incorporated, who also serves as the custodian for certain business records, VICI has employed approxi...

Excerpt: ...laint was filed November 5, 2015, as a class action. It alleged that defendants Zagaris and Disclosure Source entered into an agreement under which PMZ obtained Natural Hazard Disclosure (NHD) reports to be used in real estate transactions from Disclosure Source, identified them as having been produced by Valley NHD, an entity controlled by PMZ, and marked up the price paid (from either $39 or $49 each to $88.95 each) without doing any additional...

Excerpt: ...y overtime, failure to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/08/21 ‐ 9 ‐ provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. More specifically, plaintiff alleges that defendant did not reimburse for cell phone expenses even though a cell phone is needed for use of its mobile application, that defendant failed to pay for time worked traveling between patients...

Excerpt: ...(also referred to herein as “defendant” or “GM”) shall file and serve its answer to the FAC on or before April 19, 2021. Factual Background Plaintiff, Steven Bang, alleges he purchased a new 2017 Chevrolet Silverado 1500 from an undefined “Seller” on or about April 30, 2017 for personal, family, and/or household purposes. (FAC, ¶¶4‐5.) He walked the dealership (Concord Chevrolet) in search of a vehicle, while assisted by a salespe...

Excerpt: ...nted as to Issues 1 and 3 and denied as to Issues 2 and 4. Background Plaintiff Solvay USA Inc.'s predecessor, Rhone‐Poulenc Inc., owned property commonly known as 525 Mass Avenue in Richmond. As part of an eminent domain action involving a portion of the property for purposes of constructing the Richmond Parkway Freeway, Defendant City of Richmond entered into a Right‐of‐Way Contract with Rhone‐Poulenc on or about May 15, 1996. The City ...

Excerpt: ... of Action Stephen Sutta alone demurs to the First Cause of Action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 04/07/21 ‐ 2 ‐ The First Cause of Action alleges that Sutta gave plaintiff a 10% ownership interest in Sutta‐Tacoma in 2009 and in early 2013 increased that to 20% in lieu of cash bonuses. (4thAC, ¶ 7, 8.) Sutta‐Tacoma merged with several other companies in December 2013 to form The Sutta Compa...

Excerpt: ...of action were not numbered, but each claim had a separate heading and a separate request for relief. Defendants demur to cause of action one based on the failure to state a cause of action for intentional infliction of emotional distress. The complaint alleges that Plaintiff was a tenant at Defendants' property. Plaintiff provided notice of termination of the tenancy to Defendants with an intent to vacate on April 27, 2020. (Comp. ¶2.) Plaintif...

Excerpt: ... and on a showing that “there is a reasonable possibility that the moving defendant will obtain judgment in the action”. (Code of Civil Procedure §1030(a).) If the defendant meets both criteria, the court “shall order that the plaintiff file the undertaking in an amount specified in the court's order as security for costs and attorney's fees.” (Code of Civil Procedure §1030(c).) The Court's finding on whether the defendant has a reasona...

Excerpt: ... her guardian ad litem Maria Munoz). Plaintiffs seek to amend their complaint to add claims for punitive damages against the Landsea Defendants (Landsea Homes of California, Inc. and Landsea Holdings Corporation) and allegations in support. For the reasons described further, below, the motion for leave to amend is granted. Analysis As a threshold issue, the Landsea Defendants argue, without authority, that Department 12's ruling granting their mo...

Excerpt: ...T: 07 HEARING DATE: 04/02/21 ‐ 4 ‐ Background This case involves allegations by Charles Gonzales that Alan Summers and SeronelloSummers Inc. (“Seronello‐Summers”), who are in the business of brokering residential mortgage loans, fraudulently concealed debt on property, while securing a second mortgage loan from Gonzales, which would result in losses for Gonzales. (See First Amended Complaint, filed June 9, 2020.) Summers and Seronello�...

Excerpt: ...lle Vitetta and Darryl Henline, her landlords, over habitability issues. Plaintiff's process server states that he served defendants on October 26, 2020, by personally serving them. The service was made at 1228 Roosevelt Avenue, in Richmond, California. Before conducting the service, plaintiff's attorney conducted an online search, which showed that defendants have owned that property since 2014. In addition, defendants list that property as thei...

Excerpt: ...is granted, as discussed below. Background On July 22, 2016, plaintiff filed its complaint alleging anticompetitive activity on the part of certain defendants. Those defendants were Richmond Patient's Group, Holistic Healing Collective, Inc., 7 Stars Holistic Foundation, Inc., William Koziol, Darrin Parle, Alexis Parle (aka Alexis Koziol), Rebecca Vasquez, Zeaad M. Handoush, Lisa Hirscchorn, Antwon Cloird, Cesar Zepeda, and Does 1 though 50. Alad...

Excerpt: ...sure sale, after the prior owner, David Downs, defaulted on a $1.5 million loan that Kessler had made to Downs. Under Downs, the Property was operated as a 7‐unit apartment building. About a month before he filed for bankruptcy protection on July 2, 2020 to stave off the foreclosure sale, Downs leased four of the units, Units C‐F, for three years to defendant Nehemiah Windham Foundation, Inc. (the “Foundation”). The Foundation has been a ...

Excerpt: ...sting trial date has the potential to cause prejudice to that defendant. The new defendant may raise its own objections to the trial date once it makes an appearance. Background On July 22, 2016, plaintiff filed its complaint alleging anticompetitive activity on the part of defendants Richmond Patient's Group, Holistic Healing Collective, Inc., 7 Stars Holistic Foundation, Inc., William Koziol, Darrin Parle, Alexis Parle (aka Alexis Koziol), Rebe...

Excerpt: ...; (3) an order permitting the deposition of third‐party Yale Investment Office (based on a previous order of the Court); and (4) monetary sanctions. While the notice of motion itself does not identify the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/01/21 ‐ 7 ‐ specific requests, the “Separate Statement” does, identifying several categories of requests to KCM: documents concerning plaintiff's contribu...

Excerpt: ...arbitrator, seeking to be awarded her attorneys' fees. Initially, that motion was set for hearing in November 2020. The motion was fully briefed, but unfortunately, the arbitrator fell ill and the motion could not be heard in November 2020. Fearing adverse consequences owing to the passage of time, Robertson filed her petition to correct the arbitration award, and to confirm the award as corrected, on December 30, 2020. Essentially, Robertson's p...

Excerpt: ...ersonal injury action. Plaintiff alleges that Defendant rear‐ended his vehicle when he was stopped for a red traffic signal. (Complaint at GN‐1.) He alleges that Defendant was under the influence at the time of the collision. (Id.) Plaintiff alleges that “Defendant showed reckless disregard for the rights and safety of Plaintiff when he intentionally consumed alcohol and drove his vehicle which led to Defendant crashing into Plaintiff and c...

Excerpt: ...he complaint to counsel, he is ordered to do so. Defendants are further granted leave to include any additional defenses identified after receipt of the complaint. Background Plaintiff John S. Richards is the former attorney for defendant Reuben J. Borg and his business, Reuben Borg Fence. Plaintiff filed this action on September 1, 2020 against his former client and Mr. Borg's girlfriend, Paula Machado. Plaintiff seeks to collect unpaid legal fe...

Excerpt: ...members of the rock band Journey over the use and licensing of the band's name and related trademarks, and a dispute over alleged breaches of fiduciary duty, corporate governance and claim for involuntary dissolution of the corporation Nightmare Productions, Inc. ("Nightmare"), among other issues. Schon and Cain are members of the general partnership Elmo Partners, also a plaintiff and cross‐defendant in the action. Plaintiffs/cross‐defendant...

Excerpt: ...y Zapotoczny was injured while riding in an elevator that suddenly malfunctioned. She sued Sierra Pacific Properties, Inc., the building owner, and Schindler Elevator Corp., the contractor servicing the elevators at the time. Sierra tendered its defense to Schindler and to Otis Elevator Company, who maintained the elevator prior to Schindler. Schindler accepted the tender; Otis did not. Sierra and Schindler cross‐complained against Otis for con...

Excerpt: ...rtau Voltaire was driving on Portero Avenue in El Cerrito, she stopped because the vehicle ahead of her slowed to go around a fallen tree. A separate tree (or tree branch—different paragraphs in the complaint differ in this respect) then fell on plaintiff's car and caused her injuries, requiring her to be taken to the hospital by ambulance. The tree was located in front of Hotel Mira Vista, which claims the City of El Cerrito is responsible for...

Excerpt: ...vertime, failure to provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. The claims revolve specifically around “time shaving” practices and specified time‐consuming “clocking in” procedures, as well as off‐the‐clock labor caused by closing‐up procedures. Finally, plaintiff alleges that overtime was miscalculated by failure to include certain incentive compensation in the regular rate of p...

Excerpt: ...rkway #3316, Richmond, CA 94806. (Complaint 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 general dilapidation. (Id. at ¶ 11, 12.) Plaintiffs allege that the heater in the subject unit malfunctioned and flooded the whole unit, damaging personal property CONTRA COSTA SUPE...

Excerpt: ...s of law and fact, the motion is granted. The cases shall be consolidated for all purposes into the civil action. Background In 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.” (Lease, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/24/21 ‐ 15 ‐ Exhibit A to First Amended Compla...

Excerpt: ...ven N. Scherner and other defendants. The STA is seeking to acquire title to property owned by defendant Mr. Scherner as well as a temporary construction easement to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/24/21 ‐ 13 ‐ implement a construction project related to the Interstate 80/Interstate 680/State Route 12 Interchange Project. (Compl. ¶¶ 5 6, Exhs. A, B, C.) Mr. Scherner has answered, claiming the...

Excerpt: ...and various Ignite Farm entities controlled by Joseph Rainero, the principal behind JBJ, signed two other settlement agreements totaling $3.5 million (one agreement for $1.5 million payable in October 2018 and the other for $2.0 million payable in July 2019). Donati signed the latter two agreements in his individual capacity rather than on behalf of Sun Beef. Rainero personally guaranteed the $2.0 million agreement. The key issue in this case is ...

Excerpt: ...0% tenancy‐in‐common interest in the subject real property. Defendants Gershon Luria and Irit Sanger, husband and wife, own the remaining undivided 50% tenancy‐in‐common interest in the property. Disputes have arisen as to the management of the Property and Plaintiffs sought to partition and sell the property. On November 28, 2017, the Court (Honorable Judge Edward Weil presiding) granted Plaintiffs' motion for summary adjudication for pa...

Excerpt: ...overruled. Paystack shall file and serve its Answer on or before April 5, 2021. The complaint alleges that Paystack hired Pareto on October 1, 2019 to provide negotiation coaching services because it was in discussions to sell itself to Stripe and wanted to obtain expert advice. (Complaint, ¶ 17, 18, 19.) Under the contract, Paystack was to pay Pareto $5,000 per month for its coaching services, plus 1% of the sales price if a sales contract was ...

Excerpt: ...rt. There were two main issues in that decision; each party prevailed on one of the issues. As relevant here, Judge Donato ruled that a waiver of the allocation of payments as stated in Civil Code section 5655(a) is void as a matter of public policy. (Defendant's ex. 1.) After this decision, the parties stipulated to dismiss the federal court case and refile the case in state court. The stipulation stated the “[t]he new state court action will ...

Excerpt: ...ion is denied. Background Plaintiffs' request for sanctions arises out of Defendants' demurrer to Plaintiffs' Complaint. Counsel for Defendants failed to meet and confer prior to filing the demurrer and initially did not file a declaration showing compliance with Code of Civil Procedure § 430.41. The hearing on the demurrer was continued in order for Defendants to meet and confer. The Court overruled almost all of the demurrers. The Court sustai...

Excerpt: ...y be raised and argued at a later stage, but in light of the liberal standard applied to motions for leave to amend, leave is granted. Plaintiff shall file and serve the amended complaint on or before March 29, 2021. Background According to the plaintiff's allegations, plaintiff and Broken Arrow entered into a written Master Services Agreement (“MSA” or “the agreement”), which governed work that would later be performed on real property o...

Excerpt: ...e is no stay on discovery in any part of the consolidated case unless required by law and then to the least extent possible. Case No. C20‐02325 continues a longstanding battle between factions of the Garaventa family following the death of their mother, Mary Garaventa, in 2015. Cases may be consolidated in the court's discretion when they involve “a common question of law or fact.” (CCP § 1048 (a); Todd‐Stenberg v. Dalkon Shield Claimant...

Excerpt: ...ction for concealment fraud are sustained, with one last opportunity to amend. Plaintiffs shall file any further amended complaint on or before April 8, 2021. The demurrers to the Second Cause of Action for professional negligence are overruled. The basis for this ruling is as follows. A. The First Cause of Action (Fraud). A‐1. Causation. Defendants argue that the Court's ruling on a much earlier demurrer is dispositive of the present demurrers...

Excerpt: ...s overruled as to the fourth cause of action. Background Plaintiff hired defendant, a licensed aesthetician, to perform a cosmetic permanent lip tattoo to serve as plaintiff's permanent lipstick. Defendant performed a lip tattoo, but allegedly used the wrong colors and the outline of plaintiff's lips turned a strong dark/burgundy color. Plaintiff had specifically requested this result be avoided. Because the shape and coloring was so “unattract...

Excerpt: ...NEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 03/18/21 ‐ 8 ‐ duty of maintenance and cure regarding Plaintiff's alleged injury to her right hip on June 3, 2016. For the reasons set forth, the motion is denied. Factual Background Plaintiff Reachell Armstrong asserts claims against the defendants arising out of injuries she contends she sustained while working on the vessel SLNC Goodwill (the "Vessel"). She alleges three causes of action based o...

Excerpt: ...l Order No. HO‐COVID 19‐37 (the County Order), which formally implemented, inter alia, a temporary prohibition on on‐site, outdoor dining at restaurants set forth in the State of California's December 3, 2020 “Regional Stay At Home Order” (the State Order) in response to rising cases of COVID‐19 infection. The County Order was implemented in advance of the triggering event set out in the State Order (less than 15% hospital intensive c...

Excerpt: ...paid by Defendants. Given the Court's ruling, it appears that it may take a few more years for Defendants to finish paying off the Settlement Agreement. The Order to Show Cause set for July 16, 2020 shall remain on calendar. At least five days before this hearing, Plaintiff shall file a document informing the Court of the expected date of Defendant's last payment. In February 2021, the Court requested supplemental briefing from the parties and pr...

Excerpt: ..., then on or before March 24, 2021, defendant Mr. Ramirez shall file a supplemental declaration in support of the motion accompanied by his proposed answer to the complaint and serve the supplemental papers on counsel for Plaintiff with notice of the continued hearing. Factual Summary Plaintiff filed the complaint initiating this action in December 2019, alleging claims for conversion, breach of fiduciary duty and unjust enrichment on an alleged ...

Excerpt: ...re § 391 et seq. Plaintiff filed a Response on January 22, 2021. For the following reasons, the motion to furnish a security is granted. Plaintiff is ordered to furnish a security in the amount of $7,000.00 by April 2, 2021, three weeks before the trial date of April 23, 2021. Request for Judicial Notice Defendant requests Judicial Notice of several pleadings and other documents from this case as well as the docket of case no. C20‐00274. The R...

Excerpt: ...fornia. On or about August 9, 2019, prior to close of escrow, Plaintiff retained Defendant WIN Home Inspection of San Ramon to conduct a property inspection and to provide a home CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/17/21 ‐ 9 ‐ inspection report. Plaintiff alleges Defendant failed to adequately discover and advise of the magnitude and problems created by the extent of water underneath the house. Mot...

Excerpt: ...ded Complaint (“FAC”) for (1) negligent misrepresentation; (2) constructive fraud; (3) cancellation of instruments (Civ. Code § 3412); (4) violation of Business and Professions Code § 17200 et seq.; (5) violation of Civil Code § 2924(a)(6) & 2924(f); (6) declaratory relief; (7) violation of civil code § 2923.5 & § 2923.55; (8) violation of the Fair Debt Collection Practices Act (15 U.S.C. § 1692(6); and (9) punitive damages. For the fol...

Excerpt: ... otherwise sustained with leave to amend. Plaintiff shall file and serve her amended complaint by April 1, 2021. Plaintiff Marion Trentman‐Morelli, individually and as trustee of the Morelli‐Trentman Living Trust, have sued her neighbors Carlo and Farrah Panetta for (1) nuisance, (2) trespass, (3) injury to real property, (4) assault, (5) intentional infliction of emotional distress (6) elder abuse, (7) waste, and (8) declaratory relief. (The...

Excerpt: ...oving vehicle accident, plaintiff, a minor, was treated at John Muir between October 2018 and January 2019. (See Separate Statement of Material Facts, “SSMF,” No. 1.) At John Muir, he underwent multiple procedures involving vacuum assisted closure (“VAC”) placement to treat his bilateral thigh wounds. (See SSMF, No. 2.) It appears that plaintiff contends that during one of these procedures, a wound VAC sponge was inappropriately left in o...

Excerpt: ...Horner”)'s Second Amended Complaint (“SAC”). The SAC alleges thirteen causes of action: (1) elder abuse; (2) negligent breach of fiduciary duty; (3) intentional breach of fiduciary duty; (4) negligent fraud; (5) intentional fraud; (6) negligent infliction of emotional distress; (7) intentional infliction of emotional distress; (8) negligent breach of contract; (9) intentional breach of contract; (10) breach of the covenant of good faith and...

Excerpt: ...e requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency.' [Citation.] A court also may abstain when ‘the lawsuit involves determining complex economic policy, which is best handled by the Legislature or an administrative agency.' [Citation.] In addition, judicial abstention may be appropriate in cases where ‘granting injunctive relief wo...

Excerpt: ...e sustained without leave to amend, as to all causes of action. (Code Civ. Proc., § 430.10(e).) Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrers, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. The proposed judgment shall include a dismissal of defendant Attorney Lender Services, Inc. That defendant filed an uncontested declaration of non‐monetary...

Excerpt: ...nt's Motion for Judgment on the Pleadings with leave to amend. The First Amended Complaint alleges that on May 3, 2018, Plaintiff was stopped for a pedestrian in Menlo Park, on the campus of Facebook, Inc. He was struck in the rear by a Dodge van driven by Defendant Habash, who failed to stop for the stop sign. Plaintiff alleges the Dodge van had been provided to Habash by Defendant Enterprise Rent‐A ‐Car to use as a rideshare vehicle, pursua...

Excerpt: ... construction company contracting with Chevron U.S.A., Inc. (“Chevron”) at Chevron's Richmond refinery. Roundtree was walking in the parking lot in the pre‐dawn hours when he was struck by a vehicle being driven by Ring. At the time, Ring was also working for the same construction company. While some of plaintiff's damages are being covered by workers compensation, plaintiff also sued Ring and Chevron for negligence. In this Motion, Ring as...

Excerpt: ... human resources services. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff seeks leave to file an amended complaint, in order to raise PAGA allegations, which were not included in the original complaint. The PAGA notices were provided to the LWDA on November 6, 2020. Notice of the settlement was provided to the LWDA on January 19, 2021. The parties undertook discovery as part of ...

Excerpt: ...ARING DATE: 03/11/21 ‐ 13 ‐ below. None of plaintiffs' claims against the remaining defendants, and none of the remaining defendants' claims against any party, are stayed. Plaintiffs assert three arguments in opposition to the Gilbert defendants' motion to compel. The Court finds that each of these three arguments lacks merit. A. Plaintiffs' Fraud Allegations. Plaintiffs first argue that the subject purchase agreement was induced by fraudulen...

Excerpt: ...at least seven civil and probate actions in Contra Costa and Butte Counties. This latest lawsuit is by the second youngest sibling, Joseph Garaventa, for alleged violations of the Racketeering Influenced Corrupt Organizations Act (“RICO”) and state law claims, based on a threat of physical violence, and acts of mail fraud, wire fraud, or tax fraud. Defendants argue this lawsuit arises entirely from their actions in bringing and defending laws...

Excerpt: ...Club golf course on August 4, 2020. Plaintiff alleges that on the evening of August 4, 2020, he was walking on a walkway between the 18th CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 03/10/21 ‐ 3 ‐ green and the driving range at the country club, where he is a member, when Mr. Iler allegedly physically struck him, screamed at him in close proximity without a mask spraying spittle, called him a profane name, an...

Excerpt: ...cy and therefore the demurrer to the complaint is sustained with leave to amend. (This is the type of issue that counsel should have solved during the meet and confer process.) Defendant's other arguments that the complaint is uncertain are unpersuasive. Defendant demurs to the claim for fraudulent concealment on several different grounds. Defendant argues the fraudulent concealment claims fails because (1) it does not contain the level of detail...

Excerpt: ...tract with him in spring 2017. The complaint alleges that the contract called for Plaintiff to perform legal research at an hourly rate. The complaint further alleges that Boskovich breached that contract by failing to pay Plaintiff for his work. Boskovich also allegedly defrauded Plaintiff in that Boskovich never intended to pay Plaintiff for his work. Bhatia and Theos Medical Systems are alleged to have been third‐party beneficiaries of the c...

Excerpt: ..., the demurrer is overruled and the motion to strike is denied. Defendant shall answer on or before March 15, 2021. Background Plaintiffs are two property owners or occupants of property near a landfill operated by defendant. They bring this putative class action based on offensive odors that they allege escaped the landfill that interfered with their property rights. They allege two causes of action: (1) private and public nuisance and (2) negli...

Excerpt: ...e first time that the court has ruled on the validity of plaintiff's claims. (See McDonald v. Superior Court (1986) 180 Cal.App.3d 297, 303‐ 304.) However, plaintiff is not permitted to add any new legal theories or causes of action. Further, the court is unlikely to grant leave to amend repeatedly, so if plaintiff intends to amend, she should make her best attempt to cure the defects noted in this ruling when she files her Fourth Amended Compl...

Excerpt: ...each cause of action because the Cross‐Complaint does not contain general allegations that are incorporated into each cause of action. Tajiri may amend the Second Cause of Action if he decides that removal of the First deprives him of any allegations he needs for the Second. Any amended Cross‐Complaint shall be filed and served on or before March 19, 2021. If Tajiri does not amend, Uber shall file and serve its Answer to the Cross‐ Complain...

Excerpt: ...treme Fitness executed a Promissory Note in the original principal amount of $50,000.00 in favor of Plaintiff. On May 11, 2006 Defendant Prince Land executed a Promissory Note in favor of Plaintiff in the amount of $1,025,000.00. Defendant Cardi M. Prinzi was a Guarantor on the Notes. Defendants failed to make payments on the Notes when due. Plaintiff alleges breaches of Commercial Guaranties by multiple parties, including the Guaranty executed b...