Excerpt: ...r being sought (Code Civ. Proc., S 1010; Cal. Rules of Court, rule 3.1110(a)), and courts generally may consider only the grounds stated in the notice of motion [Citation.]" (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) In addition, when bringing for summary adjudication "the specific cause of action, aft-mat-ive defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim,...

Excerpt: ... GM when he purchased the vehicle. (Second Amended Complaint ("SAC"), 5-8.) Plaintiff alleges the Vehicle has a "Transmission Defect" more fully described in the SAC that manifested during the warranty period. (FAC, 10-18.) Plaintiff alleges GM knew about the Transmission Defect since 2014 and that the Vehicle had the Transmission Defect when he purchased it, but GM concealed and failed to disclose the Transmission Defect. (SAC, 28-44.) Plaintiff...

Excerpt: ...specially to Plaintiffs' cause of action for unlawful detainer pursuant to Code of Civil Procedure ("CCP") S 430.10 on the grounds that Plaintiffs have not adequately alleged a landlord-tenant relationship. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice There are several contentious requests for judicial notice. First, Defendant requests judicial notce of the declaration of Albert D. Seen...

Excerpt: ... failed to allege sufficient facts to support a punt-ive damages award and that if Plaintiff's underlying fraud claim fails, then so does Plaintiff's claim for punitive damages. For the reasons set forth, the motion to strike is granted, with leave to amend. Background The background of this case is addressed in the Court's tentative ruling on the related demurrer to the fraudulent concealment cause of achon by General Motors, LLC. Legal Standard...

Excerpt: ...Relevant Procedural History Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the revocable trust that owns the adjacent property at 176 Riverside Drive in Bay Point. (Defs.' Separate Statement of undisputed Material Facts ("UMF") No. 1.1; Plfs.' Separate Statement of Additional Material Facts ("AMF") Nos. 1, 2.) B...

Excerpt: ...urphy was added the personal representative of Kerry Murphy's estate. Thus, Margaret Murphy is the sole defendant in this case, but is being sued individually, as trustee of the Murphy Family Trust and as personal representative of Kerry Murphy's estate. In the discussion that follows "the Murphys" includes both Kerry and Margaret Murphy, Kerry's estate and the family trust unless otherwise noted. This case involves a commission allegedly owed to...

Excerpt: ... prevent prejudicing his or her interest in the litigation. (CCP S 35(a).) "The clear intent of the Legislature is to safeguard litigants who qualify under subdivision (a) against the acknowledged risk that death or incapacity might deprive them of the opportunity to have their case SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/24/2023 effectively tried and to ob...

Excerpt: ...xpress contractual warranty with GM on January 24, 2019, presumably when she entered into the lease. (First Amended Complaint ("FAC") 6-8.) She alleges the Vehicle has a "Battery Defect" more fully described in the FAC that manifested during the warranty period. (FAC 9, 23-26.) She alleges GM knew about the Battery Defect since 2016 and that her Vehicle had a defective battery when she leased it, but GM concealed and failed to disclose the Batter...

Excerpt: ...hly repetitive Demurrers to the Complaint of Plaintiffs Michael Graziadei II, et al., along with Motions to Strike. This prolixity is particularly unwarranted given that the parties are jointly represented and make many identical or highly similar arguments. Given the overlap of the motions, the Court will address Defendants' arguments in a single ruling, proceeding in the manner presented in the briefs. The Demurrers to Complaint are sustained i...

Excerpt: ...driven by an employee of defendant SGWS. He filed this action on November 4, 2021 against SGWS and other defendants. SGWS answered on February 17, 2022. The answer include some affirmative defenses, but none based on availability workers' compensation as a remedy. SGWS now moves to amend its answer to include such a defense. SGWS has presented a proposed copy of the First Amended Answer. (See Declaration of Michael A. McLain, Ex. A.) SGWS argues ...

Excerpt: ...0 a.m. on August 23 to allow Plaintiff time to file a substantive opposition to the Motion. Plaintiffs' Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h)). General Background In September 21%4, Plaintiffs refinanced real property located at 1952 15th Street in San Pablo, California (the "Property") via a loan in the amount of which was secured by a Deed of Trust. The Deed of Trust was assigned a number of times, ultimately b...

Excerpt: ... fact and many of the same witnesses will testify in both actions. For the reasons set forth below, the motion to consolidate is granted. The cases shall be consolidated for all purposes with the instant case, MSC23-ffE94, deemed the lead case. Analysis Code of Civil Procedure S 1048 provides, "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters i...

Excerpt: ... as required by the Code. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/19/2023 Page 9 of 30 Analysis At the outset, the Court expresses its concern regarding the actions, or more pro#rly inactions, of both counsel which led to the filing of this motion and the need for the Court to expend resources to address an issue that the Parties could have, and should have, res...

Excerpt: ...d, by a of the evidence, that the plaintiff and moving parties agreed to arbitration, the motion is denied. 1. Background Plaintiff sought to complete a remodeling project in Antioch. On October 28, 2021 plaintiff received a proposal by defendant Chung Ly on behalf of SN Building Design Group. That proposal became the basis for a contract between plaintiff and SN Building Design Group, attached as part of SUPERIOR COURT OF CALIFORNIA, CONTRA COST...

Excerpt: ...d), (h).) Evidentiary Issues Initially, the Declaration of Plaintiff in Support of Motion to Set Aside Summary Judgment is not actually a declaration of Plaintiff David Litachevsky, despite the title. While the Declaration states that David Litachevsky "declares as follows:" the document is signed by "Dylan Hackett Attorney for Plaintiff David Litachevsky." "Although it would appear obvious, a declaration must be signed by the declarant personall...

Excerpt: ...fore the Court is also Defendant Juan Mejia's Motion to Quash Service of Summons. Defendant's Motion to Quash Service of Summons relates to Plaintiff's aforementioned Complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 07/17/2023 Page 2 of 30 For the following reasons, Defendant's Motion to Set Aside Default is granted. Defendant's Motion to Quash Service of Su...

Excerpt: ... this matter is continued until August 20, 2023 at 9:00 a.m. in Department 18 to allow time for additional briefing by the Parties, as discussed below. Factual Background: Plaintiff John Scott ("Plaintiff") worked for Defendant Golden Rain Foundation ("Defendant" or "GRF" from early 2002 until September 2022. While the papers do not indicate if Plaintiff was fired or quit, the Complaint alleges that he was wrongfully terminated on September 16, 2...

Excerpt: ...s third surviving heir who could not or would not join as a plaintiff and is therefore named as a defendant. Plaintiffs have sued the driver of the vehicle, defendant Joseph Heath, and Heath's employer, defendant Spearhead Protection, Inc. Spearhead moves for summary judgment on the ground that Heath was commuting to work at the time of the accident, and Spearhead cannot be held liable for SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART NE...

Excerpt: ...nt's twenty-third affirmative defense fails. The two "issues" included in the notice of motion are just different reasons why Plaintiff thinks that the twenty-third affirmative defense fails. Thus, the Court will discuss the two summary adjudication issues together. Plaintiff worked as a speech therapist at Morello Park Elementary, a school in Defendant's district. While working at this school, Plaintiff alleges that she was to toxins from a sewa...

Excerpt: ..."), Rule 2.551(b)(5), parties must notify the Court that the lodged records are to be filed, unredacted and unsealed, within 10 days. (Because defendants failed to lodge any unredacted version of their memorandum of points and authorities in support of defendants' motion for summary adjudication, they must also file the unredacted brief should defendants wish to proceed with the unredacted briefing.) Alternatively, if no notification is received,...

Excerpt: ...e. Cycle Gear shall serve and file notce of entry of order. Legal Standard CCP section 877.6(a)(1), provides, in relevant part, that, on noticed motion, "[alny party to an acton wherein it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff and one or more alleged tortfeasors or co-obligors . "A deter...

Excerpt: ...bject to judicial notice. (Cal. Evid. Code S 452.) Procedural Background This matter generally relates to issues arising from the construction and sale of real property located at 2030 Hoover Avenue in Pleasant Hill (the "Property"). The original parties were previously ordered to arbitration. Then, when the arbitration failed to move forward due to Defendants' dismissal of their attorney and failure to hire other counsel, it was put back on the ...

Excerpt: ...t that school (and thus an employee of Defendant School District), as well as Plaintiff's social sciences teacher and faculty advisor for the school's Black Student Union, of which Plaintiff was a member. (Ibid.) It is generally alleged that Doe 2 engaged in 'highly inappropriate and sexual behavior with his minor students,' kept students in his classroom during the lunch period, shared vulgar stores about sex with his students, often hugged mino...

Excerpt: ...ntiffs") Complaint for (1) violation of the Song-Beverly Consumer Warranty Act by breach of express authority; (2) violation of the Song-Beverly Consumer Warrant Act by breach of implied warranty; (3) violation of Business and Professions Code S 17200; and (4) negligent repair. For the following reasons, the Defendants' Mohon to Compel Arbitration is denied. Factual Background Plaintiffs' underlying Complaint in this case relates to Plaintiffs' p...

Excerpt: ...f contract. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 07/05/2023 Defendant moves for summary adjudication on several grounds including the statute of limitations and the statute of frauds. For the following reasons, Defendant's Motion is granted-in-part and denied-in-part. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) prov...