Excerpt: ...ained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (First Amended Complaint, labeled "Amended Complaint" ("FAC") 10, 11. 16, 17.) He alleges he suffered prolonged or permanent damage to his trigeminal nerve which has caused "severe, debilitating, life-long pain." (FAC 13.) He asserts the injections were negligently administered and that he w...

Excerpt: ...ylvia Dudum FLP ("Dudum FLP") as owner and Kissane Company, Inc. as prime contractor for a commercial mixed-use development known as the "Clocktower Project" at a property located in Danville. (FACC 8, 9.) In their FACC, Cross-complainants Dudum FLP and Jack Dudum allege a seventh cause of action against cross-defendant Sean Joy for defamation. Joy generally demurs to that cause of action. Standards Governing Demurrer In ruling on the demurrer, t...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508- 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/30/2023 Plaintiffs Jorgen Vindum and Carolyn Vindum as Trustees of the Vindum Family Trust ("Vindums" or "Plaintiffs") allege their residence in San Ramon was destroyed by a fire in December 2020. (Proposed Second Amended Complaint ("2AC") "1 1, 10, 14, 16.) Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy t...

Excerpt: ...e Moton is denied. Request for Judicial Notice Defendants request judicial notice of the Contractor's State License Board Detail Information for Priceless Kitchen and Bath and the Registrar of contractors, contractors state License Board SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Department of Consumer Affairs, Order to Adopt Stipulated Settlement (as ...

Excerpt: ...nt Golden Rain Foundation ("Defendant" or "GRF") beginning in early 2002. Plaintiff was a member of a union and was represented by Local Union, Laborers' Union No. 34 (the "Union"). Defendant and the Union entered into a collective bargaining agreement ("C8A"), which was renewed in March 2022. Plaintiff was covered by the CBA as a member of the Union. It appears that in July 2020, GRF issued a 2020 Employee Handbook ("Handbook") to all employees....

Excerpt: ...t a proposed order consistent with this ruling and serve and file notice of entry of order. Defendants shall have 15 days from notice of entry of order in which to answer the Second Amended complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Allegations of the SAC This action arises out of the custodial care and treatment provided to Dwayne Rideau wh...

Excerpt: ... issue is the amount. To calculate the appropriate lodestar in this action, one must determine the reasonable hourly rate and multiply that figure by the reasonable number of hours spent. Graham v. DaimlerChrysler Corporation (2009) 34 Cal.4th 563, 579-580. To determine the total hours spent, the court not only considered all of the papers submitted, but also its own experience evaluating a multitude of Anti-Slapp fee motions. "The experienced tr...

Excerpt: ... SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 Defendants. Defendant's Demurrer is hereby overruled. Discussion 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 evident...

Excerpt: ...cluding any SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 supporting declaration or request for judicial notice, neither brief shall exceed eight pages. Parties are asked to directly address the analytical framework articulated in County of Alameda v. Janssen (1940) 16 Cal.2d 276 and whether the challenged portion of AB218 served a "public purpose." It is well s...

Excerpt: ... costs, administrative costs, and a class representative payment. Since preliminary approval was granted, the administrator has mailed notices to 27 class members. After follow- up, only one notice was non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Prior Rulings and Judicial Comment When plaintiff's preliminary approval moton first came up for hearing, the Court indicated generally that the set...

Excerpt: ...023. Background Plaintiff generally alleges that after his spouse passed away, he was denied his community property SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 interest in assets formerly held in accounts in his spouse's name at Principal Securities, Inc. Plaintiff sued his spouse's daughter Anita L. Budde, the financial firms that held or were otherwise affil...

Excerpt: ...tion, which include detailed procedural and substantive requirements for bringing those motions. Plaintiffs motion is denied on that basis, without prejudice to Plaintiff filing a motion for summary judgment and/or summary adjudication in conformity with the Statute and Rules of Court. The party moving for summary judgment has the burden of persuasion to show there is no triable issue of material fact and thus it is entitled to judgment as a matt...

Excerpt: ... defendant served formal responses to the discovery, objecting to all requests and interrogatories principally on the ground that defendant's arbitration motion was pending (although, for preservation, defendant also stated a number of other boilerplate objections). Thereafter, plaintiff's opposition to the arbitration motion convinced defendant that the motion would be denied, and defendant withdrew it. Defendant then assured plaintff that it wa...

Excerpt: ...ubject to any additional issues to be addressed after the hearing and after taking oral testimony, Plaintiff shall lodge a proposed order for judgment pursuant to the terms of the Settlement Agreement, consistent with Code of Civil Procedure section 664.6(a) and applicable authority which shall set forth the terms of the Settlement Agreement in full as stated in the agreement or shall incorporate and make the Settlement Agreement in full the judg...

Excerpt: ...se number QI-01689 present common questions of law and fact. (See MPA iso Mohon at p. 3:13.) For the following reasons, the Motion is denied. Brief Factual and Procedural Background July 10, 2019. Plaintiff files her initial complaint for general negligence and negligent hiring against Defendants Wilson & Kratzer Mortuaries dba Higgins Chapel, Defendant Yen Tom, and Defendant Misty Lynn Cicerello. The gravamen of Plaintiff's claim is an alleged a...

Excerpt: ...partment. It started in a Whirlpool gas range (the "Range") which she purchased from Costco Wholesale and which was delivered and installed by moving Defendants Lopex and XPO (collectively the "Moving Defendants"). The Complaint alleges causes of acton for: (1) general negligence, (2) premise liability, (3) product liability, (4) general negligence, and (5) breach of contract. Only two of the causes of action are asserted against the moving Defen...

Excerpt: ...s. Plaintiff was employed there during the class period, though his job duties and dates are not provided. The original complaint was filed on December 22, 2021 as a class action. Plaintiff filed a separate PAGA acton on September 21, 2022. That action was dismissed and the PAGA claims amended into the class case to facilitate settlement. The settlement would create a gross settlement fund of $200,000. The class representative payment SUPERIOR CO...

Excerpt: ... 128.7 is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 Fairfield shall prepare and submit a proposed order consistent with this ruling. Fairfield shall then serve and file notice of entry of order. Relevant Background On June 30, 2020, Plaintiffs Sandra Hernandez-Perez and Jenilee Perez, individually and as successors in interest to Jesus Berrios II, fi...

Excerpt: ...strict Court. Plaintiff initially filed this achon in July 2021 contending, inter alia, that the City of Hercules lacked authority to tow his vehicle. Defendants City of Hercules, Elmer Najarro and William Imboden ("City Defendants") filed a Notice of Removal in the United States District Court for the Northern District of California. The District Court granted a motion to dismiss brought by the City Defendants, and denied reconsideration of that...

Excerpt: ... advice of Paul Bork", and "Internal document with legal advice of Paul Bork". CBE acknowledges that Bork is an inhouse attorney at Dow, and apparently does not dispute that Bork's legal advice is protected work product. CBE fails to state any basis for doubting the accuracy of these descriptions; nor for doubting that Bork's advice is attached, repeated, discussed, or incorporated into the challenged documents. 12. 9:00 AM CASE NUMBER: MSC21-020...

Excerpt: ...resses, leaving only one non-deliverable. No objections have been received, and only one class member has opted out. The motion is granted. Background and Settlement Terms Defendant is in the shipping business. Plaintiff was employed as a driver. This case is unusual among wage-and-hour cases, in that its sole focus is on a failure-of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant f...

Excerpt: ...leged former landlords, defendants Deanna Graves (individually and as trustee of her family trust) and her daughter Rashida Graves. The Graveses filed a cross-complaint against Ellis only. The cross-complaint asserts two causes of action — the first for breach of contract (non-payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/17/2023 2 of rent), and a cause of...

Excerpt: ...RA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 (3) Reasonable value of services. cross-Defendant demurrers to the first cause of action on the basis that it fails to state facts sufficient to state a cause of action (CCP 5430.10(e)), and that Cross-complainant does not have the legal capacity to sue (CCP 431.10(b).) She also demurs to the second and third causes of action on the basis that those ...

Excerpt: ...ranty of habitability; (3) breach of contract; (4) breach of quiet enjoyment; (5) private nuisance; (6) premises liability; (7) negligence; (8) violation of California's Just Cause Statute; (9) violation of California's Rent Control Statute; (10) unfair business practices (violation of California Business and Professions Code S 17200 et seq.); (11) retaliation; and a claim for exemplary damages. Defendant demurs to all Plaintiffs' causes of actio...

Excerpt: ...ff alleges claims arising out of a real property loan by Bank of America secured by a mortgage on Plaintiffs real property, with a loan number ending 9666 ("Loan 9666"). His FAC, which is 74 pages long, exclusive of the 35 exhibits attached, alleges six causes of acton against the bank: breach of contract, violation of Civil Code secton 1785.25 pertaining to a creditor making reports to a credit reporting agency; breach of the implied covenant of...