Excerpt: ...ach held a 50% membership interest. In 2008, a Restated and Final Operating Agreement was adopted, vesting Patel's 50% interest in Taylor 400 LLC entirely in EBO Properties North LLC (EBO). EBO is owned 50% by Patel and 50% by Dr. John Ganey. Sirott and Robles owned the other 50% of 400 Taylor LLC. In 2009, Sirott transferred his 25% interest to himself and wife Arlene Sirott as trustees for their family trust. There had been a vacant suite at th...

Excerpt: ...ners") against the California Department of Toxic Substances Control ("DTSC") and California Environmental Protection Agency ("CalEPA") as Respondents. HRP Campus Bay Property, LLC ("HRP" or "Developer") is named as the lead Real Party in Interest, in addition to other several other entities which have not appeared. Petitioners dismissed real party in interest Zeneca, Inc. For the reasons set forth, the Court requests further briefing on certain ...

Excerpt: ...by Defendants Willow Pass One, LLC (“Willow Pass”) and David Feng (“Defendants”). For the reasons set forth below, Plaintiff's Motions are granted. The parties are required to appear to discuss issues related to a continuance of the trial date. Procedural Background Plaintiff filed its original Complaint on February 7, 2019, alleging a single cause of action for breach of contract related to a lease it entered into with Defendant Willow P...

Excerpt: ...exceed the usual page limitations, but the parties are reminded that concise briefing is often more persuasive briefing. The parties shall provide the Court with properly tabbed courtesy copies of all papers filed pursuant to this order. Defendant's motion to dismiss is based on the nominal transfer of the subject parcels of real property from defendant RM 15 Safe Corp to nine, non‐party LLCs. (See Defendant's RJN, Exhs. “B” through “J”...

Excerpt: ... the District's findings are not supported by the evidence. The writ asks the Court to “set aside the findings and sanctions … and order no further administrative action.” (Pet. Brief ISO Writ 20:27‐21:1.) The District opposes. The prayer for relief does not include a request that the Court reverse, set aside, or otherwise take action with respect to an expulsion or specific punishment. Preliminary Matters Request for Judicial Notice Doe'...

Excerpt: ...responsive declaration to the order to show cause and good cause not having been shown. (Minute Order.) The case was dismissed with prejudice following Plaintiff's failure to appear at a hearing regarding failure to prosecute and serve defendants. (Minute Order.) The unopposed Motion to Set Aside Dismissal is granted pursuant to the mandatory relief provisions of CCP § 473, subdivision (b). Plaintiff's Counsel is hereby directed to pay an award ...

Excerpt: ... and rejection of a government claim prior to commencing suit. The City's request for fees pursuant to Code of Civil Procedure section 1038 is granted in the amount of $9,400 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 07/29/2022 against plaintiff herself. The motion for sanctions against counsel is also granted. Plaintiff's counsel, California Trial Law Group, PC, shall be jointly liable for the abo...

Excerpt: ...laintiffs”) claim general and compensatory damages, punitive and exemplary damages, prejudgment interest, and costs of suit after Ms. Lynch was allegedly injured by Karen Moroz's (“Defendant”) pet dog. (First Amended Complaint (“FAC”) at 7:4‐10.) “This is not a dog‐bite case.” (FAC at 3:4.) This is a large, clumsy dog offleash case. (FAC at 3:6.) Defendant owns a large, 5‐year‐old dog named “Vera.” (FAC at ¶7.) Vera, a ...

Excerpt: ...41. Petitioner has responded with broad‐based “objections” to the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 07/28/2022 7 motion, most of which generally assert that she is the prevailing party, which is not disputed. For Line 5, Service of process, Eve Howard points out that there actually were other defendants, Paula Howard, Nicole Bradford, LeAndre Anthony Brown and Ryan Neal Brown who were...

Excerpt: ...ong Bancroft Road in Walnut Creek, California when she struck Plaintiff Togtokh Oyuntseren (“Plaintiff”) who was riding his bicycle along the Contra Costa Canal Trail where it crosses Bancroft Road. On January 4, 2018, Mr. Souja purchased the Subject Vehicle from CarMax Auto Superstores California, LLC, by entering into a Retail Installment Contract. (Undisputed Material Facts (“UMF”) No. 3.) Mr. Souja was the registered owner of the Subj...

Excerpt: ... father of Teodulo Tovar) died as a result of the accident. The accident occurred when Teodulo Tovar, JR (“Tovar”) drove off Highway 101 and into a construction area next to the highway. Tovar drove into an excavation that was part of the construction. The accident occurred at around 11 a.m. on a Saturday. At the time of the accident Tovar was an unlicensed driver. He had consumed large qualities of alcohol the night before and had consumed t...

Excerpt: ...Plaintiff alleges she attended an event at the winery operated by Campos on October 25, 2019. She alleges she tripped and fell while leaving the property and sustained physical injuries. Her Complaint SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 07/27/2022 asserts causes of action for negligence and premises liability. Plaintiff seeks leave to file a proposed First Amended Complaint ("FAC") alleging a...

Excerpt: ...siblings who inherited four parcels of property in Contra Costa County upon the death of their mother in 2002. The properties are a commercial property at 1031‐1041 Blackwood Lane, Lafayette (“Lafayette Property”) and a residential property at 3343 Freeman Road, Walnut Creek (“Walnut Creek Property”). Plaintiff and Defendant each own an undivided onehalf interest in the properties. The parties agreed to that rents from the Lafayette Pro...

Excerpt: ...n pedestrian access between Glen Road and Happy Valley Road to hose persons, if any, who held easements of record granting them such access before S‐3 was approved and that S‐3 did not create in favor of members of the general public, a private right‐of‐way easement, or grant rights of any kid, allowing members of the general public access across the Dips.” (SAC ¶ 26.) Statute of Limitation and Writ Arguments The City argues that chall...

Excerpt: ...17, 2018, she was violently struck by the parking control arm/barrier as she walked into the parking garage located at the Broadway Plaza Shopping Center in Walnut Creek. The facility was equipped with a standard parking system guarded by a barrier arm to control entry and exit points of the garage. (UMF No. 2.) Plaintiff brought this action against the manufacturer of the parking arm and the parking facility. Plaintiff filed this action for prem...

Excerpt: ...at defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to , maintain required records, failure to reimburse employee expenses, waiting time, and wage statement claims. On March 19, 2021, the court signed a stipulated order dismissing Plaintiff's class allegations without prejudice. The parties' moving papers state that a First Amended Complaint would be ...

Excerpt: ...violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $571,666.66 (one‐third of the settl...

Excerpt: ...heir petition they shall notify all parties in writing by August 11, 2022. On June 30, 2022 the Court gave the State Defendants until August 5, 2022 to file their answer. The date is no longer practical and is vacated. If Plaintiffs do not amend their petition, the State Defendants now have until August 25, 2022 to file and serve their answer. If Plaintiffs amend their petition, the State Defendant's time to file and serve a responsive pleading s...

Excerpt: ...rules as follows: (a) general demurrers to 2nd, 7th, 8th, 9th, 10th, 15th, 16th, 17th, 19th, 20th, 21st, 21stA, 24th‐28th C/As – sustained with leave to amend; (b) general demurrer to 14th C/A – sustained, without leave to amend; (c) general demurrer to 29th C/A – sustained, without leave to amend, and without prejudice to Plaintiff filing a petition in probate; (d) general demurrers to 1st, 3rd‐5th, 11th‐13th, 18th, 22nd, and 23rd C/...

Excerpt: ...have been a result of the photograph quality along with the complaint being scanned to be filed electronically. Starting July 5, 2022, attorneys are responsible for scanning their documents and having them filed electronically. When amending their complaint Plaintiffs can ensure that the photographs attached to the first amended complaint are sufficiently clear. Defendants demur to each cause of action based on the failure to state facts sufficie...

Excerpt: ...entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Complainant also demurrers to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e)), and they are uncertain (CCP §431.10(f).) For the following reasons, Cross‐Defendant's demurrer is sustained. Cross‐Complainant is granted SUPERIOR COUR...

Excerpt: ...r M. Huerta. Progressive demurs on the grounds that Plaintiff lacks a contractual relationship with Mr. Huerta's insurer, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 07/21/2022 Progressive. Although there was no opposition, the Court now provides a substantive ruling. A. Standard on Demurrer A party against whom an answer has been filed may object by demurrer on the following grounds: (a) the answer ...

Excerpt: ...rivers and Owners of the 2006 Infiniti License Plate #7TOJ708 and VIN #5N3AA08A36N802877 (“collectively Defendants”). It seeks to have the Court determine that the settlement between Defendants and Plaintiffs Deyma Ayala, Roberto Ayala, Leonardo Mata, Laura Pineda Gomez, Sylvia Erickson, and Bren Erickson (collectively “Plaintiffs”) is made in good faith. Defendants Nissan North America, Inc. and Nissan Motor Co., Ltd.'s (“Nissan”) op...

Excerpt: ... Plaintiff's Complaint alleges that Plaintiff, Defendant, and other parties to the suit contracted to re‐roof a development in El Cerrito, County of Contra Costa, California (hereinafter, “Project”). (Complaint, ¶3.) Plaintiff alleges that Defendant is a roofing contractor company hired to work on the Project. (Complaint, ¶10.) Plaintiff claims that Defendant installed the new roof using “duration premium cool shingles” which come wit...

Excerpt: ...ted. Factual Background The Complaint alleges that Plaintiff was injured when she stepped up onto a retaining wall owned by Defendants and fell because certain bricks in the wall were not secured. The fall resulted in injuries to Plaintiff. Standard Summary judgment is proper 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. Pr...

Excerpt: ...eby Plaintiffs are seeking confirmation of an easement over and through two properties: one owned by the Defendants Luc and Claudia Desmedt (“Desmedt Defendants”) and one owned by the Tice Valley Gardens Homeowners Association (“HOA”). A Settlement Conference was held on December 16, 2021 involving Plaintiffs and the Desmedt Defendants, as Plaintiffs had previously settled with the HOA. At the Settlement Conference, Plaintiffs and the Des...

Excerpt: ... from any order on the motion, for submission to the Court. I. Background Plaintiff Nene Ndah‐Fingesi (“plaintiff”) alleges that defendant Contra Costa County (“County”) discriminated against her due to her medical condition. (Separate Statement of Undisputed Material Fact, hereinafter “SSUMF,” Fact 5, and plaintiff's response.) Plaintiff has been employed by County in a teaching position since approximately February 2009. When she ...

Excerpt: ...the “Motion”). Defendants' Motion moves to strike allegations in the First Amended Complaint (“FAC”) related to (1) alter ego, (2) the Third Cause of Action for Unfair Business Practices, (3) the Fifth Cause of Action for Intentional Misrepresentation, as well as (4) portions of the Prayer pertaining to the Unfair Business Practices and Intentional Misrepresentation causes of action. Defendants' Motion is filed at the same time as Defenda...

Excerpt: ...ed uninhabitable “Due to the (STRUCTURE BEING LOCATED ON THE TOP OF A SLOW MOVING LAND SLIDE) That is affecting this property's front and side Yards as well as the public street in front of this property.” (Comp. ¶4.) The Notice regarding the “Red Tag” further provided that for it to be lifted and occupancy of the house permitted, “the owner or buyer must contact a Registered Soil or Geotechnical Engineer to have a plan prepared to fix...

Excerpt: ...urance Company, was the insurer of property owned and operated by Lifelong Medical Care. (Complaint, ¶7.) On or about December 22, 2018, the property was damaged when a fire suppression system discharged water. Defendants' negligence caused the loss because, as fire suppression systems experts, defendants knew or should have known that the sprinkler installed was too close to the heating vent and/or not sufficiently rated given its proximity to ...

Excerpt: ...ckground and Settlement Terms The original complaint was filed by Davis, Nelson‐Stark and Riley on March 29, 2019, under PAGA only, alleging only a claim for failure to provide suitable seating. On May 15, 2019, Clark filed a class action alleging various violations of wage and hour requirements, as well as a suitable seating claim. On January 3, 2020, Clark filed a First Amended complaint also adding a PAGA claim. That matter was removed to fe...

Excerpt: ...Forth in Enforceable Contracts) Affirmative Defenses. For the following reasons, Plaintiffs' demurrer is sustained. Standard for Demurrer The standard for a demurrer to an answer is whether the answer states facts sufficient to constitute a defense. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) A defendant must set forth only the “essential facts” of the affirmative defense, “sufficient to acquaint [plaintiff] with the ...

Excerpt: ...ing the property and sustained physical injuries resulting in loss of earnings and other damages. Her complaint asserts causes of action for negligence and premises liability. The premises liability cause of action alleges two counts based on negligence and willful failure to warn. She asserts as the basis for defendant's liability on all causes of action and counts that (1) the area where she fell had no lighting, and (2) plaintiff was instructe...

Excerpt: ...‐OPT5, asset‐backed certificates, series 2006‐OPT5 (“Deutsche Bank”) (collectively, “Defendants”)'s Demurrer. The Demurrer relates to Plaintiff Darinka Allen (“Plaintiff” or “Allen”)'s Second Amended Complaint (“SAC”) for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) negligent misrepresentation. Defendants demur to all Plaintiff's causes of action pursuant to Code of Civil...

Excerpt: ...e Second Cause of Action for Common Count – Open Book Account, and Third Cause of Action for False Promise on that basis that Plaintiff has failed to state facts sufficient to constitute such causes of action. (CCP §431.10(e).) Additionally, Defendant demurrers to the Complaint in toto “because the face of the Complaint admits a defense to all claims, namely that Plaintiff did not make an effort to mitigate its alleged damages.” (CCP §431...

Excerpt: ...had a developmentally narrow spinal canal, multilevel stenosis, worse at C5‐C6, with spinal cord compression. Plaintiff also had mild left carpel tunnel syndrome. (SSUMF No. 2.) Dr. Counelis recommended a C3‐6 decompressive laminectomy with fixation/fusion at C3‐6.) On October 15, 2015, Defendant George J. Counelis, M.D. performed surgery on Plaintiff's spine. Plaintiff underwent C3‐C6 Laminectomies, Posterior Segmental Fixation, C3‐6 P...

Excerpt: ...ng causes of action: (1) quiet title, (2) continuous trespass, (3) public and private nuisance, (4) willful injury to real property, (5) injunctive relief, and (6) declaratory relief. The Motion is opposed by Defendant Thanh Van Nguyen and Defendant Helen Tran (collectively, “Defendants”). For the following reasons, Plaintiffs' Motion for Order Granting Preliminary Injunction is denied. Background Plaintiffs purchased 1080 Finley Road, Contra...

Excerpt: ...on and Julie Quon, husband and wife, are both over the age of 65. Plaintiffs own a single family dwelling commonly known as 25 La Cintalla, Orinda. On or about April 6, 2015, Defendant NCC offered/proposed to perform work at the property for the Quons. The work included installing “22 concrete piers” and “23 pipe piles” to the foundation of the home for a total cost of $142,470.00. Plaintiffs alleged Defendants represented that the work h...

Excerpt: ...laims asserted in the cross‐complaint of defendants and crosscomplainants Guy Tzen‐Wen a/k/a Tzen‐ Wen Guo a/k/a/ Guo Tzen‐ Wen ("Guo") and Lin Bih‐Wan a/k/a Bih‐Wan Lin ("Lin") (collectively "Guo/Lin") against the Hiteses for total equitable indemnity (1st C/A), apportionment of fault (2nd C/A), and declaratory relief (3rd C/A) are deemed barred by the Court's good faith determination and are to be dismissed, but for the reasons stat...

Excerpt: ...aintiff filed this action on March 4, 2022. On her form complaint, plaintiff lists nine causes of action: (1) Breach of Contract; (2) Retaliation, (3) Trespass, (4) Declaratory Relief, (5) Invasion of Privacy, (6) Illegal Charges, (7) Intentional Infliction of Emotional Distress (“IIED”), (8) Violation of Tenant Protection Act, and (9) Violation of Tenant Relief Act. The allegations set forth in support of these causes of action are as follow...

Excerpt: ... Material Fact, Issue 1, No. 1 (hereinafter “UMF [issue:fact].”) The lot immediately to the south, 161 Ardmore Road, was acquired by Defendant in 2013. (UMF 1:2.) The property line between the properties, which is the main dispute in this matter, runs generally east/west. Between the two properties is a picket fence running from the front of the houses toward the back of the lots – where it meets with the northern wall of 161 Ardmore's gara...

Excerpt: ...le and that St. Mark's Methodist Church of Orinda, California is not the fee simple owner of the Church on Moraga Way. Plaintiffs St. Mark's Church of Orinda and Moraga and St. Mark's Methodist Church of Orinda, California (“St. Mark's”) sued California‐Nevada Annual Conference of the United Methodist Church (“United Methodist”) for declaratory relief, quiet title, trespass, fraud, conversion and unfair business practices. United Method...

Excerpt: ...u Voltaire has alleged that she was driving in the City of El Cerrito (the "City") on October 27, 2019 when she sustained damages from falling tree branches. The trees from which the branches fell were located on the median between property owned by Sumrad Investments (“Hotel”) and the street. Plaintiff filed this suit for damages on August 4, 2020 against the City of El Cerrito and the Hotel. After a demurrer by the Hotel was partially susta...

Excerpt: ... out of Monterey County Superior Court Case no. DR43762. (See Complaint at Attachment 8.) Specifically, Plaintiff alleges that Defendant Monterey County (sued erroneously here as Monterey County DCSS) erroneously reported his child support obligations to credit bureaus, harassed him to pay child support, and miscalculated his child support obligations. (See id.) Plaintiff further alleges that these actions by Defendant prevented him from securing...

Excerpt: ...�) together. The Agreement states that Defendant agreed to pay the $31,273.72 owed on Defendant's unpaid account as well as Plaintiff's court costs incurred as a result of filing the Agreement. (Agreement, ¶ 4.) Plaintiff alleges that Defendant did not make payments on this amount as agreed in the Agreement. (Points and Authorities in Support of Motion to Enforce Settlement, ¶ 4.) Plaintiff alleges that Defendant has only submitted $300 to date...

Excerpt: ...ered until Jun 30, 2021). Submission of a motion for final approval was further delayed by compliance issues, which culminated in a motion to enforce settlement by the plaintiffs, which was granted on February 3, 2022. A. Background and Settlement Terms The complaint was filed August 26, 2020, with only Torres as plaintiff. It is a class action complaint alleging that defendant violated the Labor Code by failing to include all discretionary incen...

Excerpt: ...000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $70,000 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Simpluris) would have costs of administration capped at $4,000. PAGA penalties would be $5,000, resulting in a payment of $3,750 to the LWDA and $1,250 to the class members. Thus, the net settlement amount available to the class would b...

Excerpt: ...ssession of personal property to be seized under the writ (CCP § 512.010(b)(1)); (2) “A showing that the property is wrongfully detained” (CCP § 512.010(b)(1)); (3) An explanation of how the possessor came into wrongful possession (CCP § 512.010(b)(2)); (4) “A [] description of the property and a statement of its value” (CCP § 512.010(b)(3)); (5) The location of the property (CCP § 512.010(b)(4)); (6) A declaration that the property ...

Excerpt: ...In the motion to set aside the dismissal, Plaintiffs sought leave to file their motion for reconsideration and cited Code of Civil Procedure sections 473.5 and 1008 in their notice of motion. Plaintiffs noted that they had attempted to file their motion for reconsideration on May 13, 2022 but were apparently prevented from doing so since the judgment in this case was filed earlier that same day. Plaintiffs did not cite a statutory basis in their ...

Excerpt: ...Good Faith Settlement (the “Application”) filed in this Court by Defendants/Cross Defendants Vince E. Culpepper and Anthony M. Stranger (the “Culpepper Defendants”) seeking judicial approval of a proposed settlement with Ramon Martinez Vazquez, Pablo Torres Montiel, and Juan Carlos Mendoza Montoya (“Plaintiffs”) and a release of the Jones Defendants' crossclaims. The Application is opposed by the Jones Defendants on the grounds that t...