Excerpt: ... to review the Court's own files in this matter. Procedural Issues Initially, it is worth noting that the below analysis pertains to Plaintiff's Amended Opposition papers due to Plaintiff's failure to follow the proper procedures for filing an opposition to a motion for summary judgment. This is the second time the Court ordered Plaintiff to re-do their papers for failure to file suitable papers and appropriate evidence. As discussed in more deta...

Excerpt: ...rrer to the third and fourth causes of action is overruled. Defendant shall answer the complaint within 15 days. Background On September 2, 2022 Plaintiff Shonte Herse filed this action against Defendant Harley-Davidson Motor Company, Inc. ("HDMC"), alleging violations of California's Song-Beverly Act (SBA, Civil Code SS 1790 et seq.), and the federal Magnuson- Moss Warranty Act (MMWA) (15 U.S.C. SS 2300 et seq.). In the operative Second Amended ...

Excerpt: ... OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/23/2023 13 In a nutshell, the fundamental problem with TEG'S cross-complaint against Agra Tech is that it is a defense masquerading as a cross- complaint. Importantly, although there are numerous parties to this litigation, the only party that has sued TEG is Agra Tech. Accordingly, there are no claims against TEG, from plaintiff Natu...

Excerpt: ...r, only two barriers remained to judicial approval: (1) submission of the entire "confidential" settlement, including provisions governing the settlement of plaintiff's individual claims, to enable the Court to review the totality of the settlement of all issues, for the reasons explained in the prior orders; and (2) provision for a compliance report establishing compliance with the settlement. The parties have now submitted an Amended Motion for...

Excerpt: ...al briefs and now re-affirms that Defendant is entitled to attorney fees. This ruling addresses some additional issues not included in the prior tentative ruling. Joseph Sahar, Nathan Sahar and Michele Sahar sue Said Shefayee and Raymond Miller for (1) malicious prosecution, (2) abuse of process, (3) negligent infliction of emotional distress, (4) intentional infliction of emotional distress and (5) declaratory relief. The complaint arises from a...

Excerpt: ...on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 6-8.) The FAC alleges a single cause of achon for negligence and seeks exemplary damages based on the "despicable" conduct of defendant Daniel Kvitko fleeing the scene of the accident. (FAC "1 11, 12 and ...

Excerpt: ...on of each of the first five causes of action contained in the operative first amended complaint ("IAC"), which was filed on June 21, 2022. The original complaint in this action was filed on December 15, 2021. The MSA makes two arguments. First, it says that because the easement at issue here is appurtenant, each of the first five causes of action fails as a matter of law. Second, it says that each of the first five causes of action is time-barre...

Excerpt: ...close of business Thursday, March 30, 2023. Factual and Procedural Background Plaintiff owns and resides in real property located at 163 Lakeshore Court, Richmond, California. Defendants own and reside in real properly located at 162 Lakeshore Court, Richmond, California. Defendant's residence is physically located directly over Plaintiff's residence. Both residences are members in a home owners' association ("HOA"). There apparently have been on...

Excerpt: ...law. Background Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at the 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 located at 176 Riverside Drive in Bay Point. 80th properties had a downward slope in the backyard. Defendants' predecessor filled the slope and added a patio. To support the fill, Defendants' pr...

Excerpt: ...Defendant Rashaan Whisenton are joint-tenant owners of the single-family residence located at 128 Regency Drive in Clayton, CA. On or about June 11, 2020 Ms. Strenchock and Defendant purchased the Subject Property for $817,000.00. At the time of the purchase, Plaintiff and Defendant were in a relationship, but not married. On June 11, 2020, a grant deed transferring the Subject Property from third parties to "Rashaan Whisenton, an unmarried man a...

Excerpt: ... the defect discussed herein. Any amended pleading shall be filed and served on or before June 20, 2023. Background Dobbs filed his cross-complaint against Rusco on September 30, 2022. (See Rusco's Request for Judicial Notice, Exhibit 1.) The cross-complaint was filed using the judicial council's form complaint for a breach of contract. The caption names as plaintiff, "MICHAEL DOBBS, individually and dba ARCLIGHT CORPORATION." The pleading states...

Excerpt: ...reopened as to new claims and parties. Discovery is not reopened as between Plaintiff and Defendant Etenne. The April 18, 2023 trial, April 17, 2023 issue conference, and April 12, 2023 settlement conference dates are hereby vacated. The Court sets a Case Management Conference for the case to be at issue on August 8, 2023, at 8:30. Background Plaintiff Prosperre Berreth filed this quiet title action against Defendant Lindsay Etienne on April 19, ...

Excerpt: ...m to the Plaintiff Plaintiff requests the Court grant him a new trial on the follow-ng grounds: (1) insufficiency of evidence; and (2) error in law by allowing Dr. Hoddick to testify. Analysis A. Suffciency of the Evidence "A new trial shall not be granted upon the ground of insufficiency of the evidence to justify a verdict ... unless after weighing the evidence the court is convinced from the entre record, including reasonable inferences theref...

Excerpt: ...ance appraisal proceeding. The parties previously went through this process and it resulted in an award. Defendant paid Plaintiffs the full amount of their insurance limits in response to the award. However, this Court vacated the award on July 20, 2022, concluding in part that the appraisal panel's decision to include Covid-related costs in the appraisal award was beyond the appraisal panel's jurisdiction. Now, Plaintiffs seek to engage in the a...

Excerpt: ...s as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/20/2023 15 A. Citations to Evidence. The Court's revised rulings on the parties' evidentiary objections are set forth at the end of this tentative ruling below. The Court has overruled all of plaintiffs' evidentiary objections, and has sustained some but not all of the District's evidentiary objections. Where...

Excerpt: ... entered -nto a written residential purchase agreement (the "Contract") for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that "any dispute or claim in Law or equity arising between [the Parties] out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration." (the "Arbitration Clause.") On February 22, 2...

Excerpt: ...y to borrow funds from a family member. Procedural Background On October 18, 2022, the parties engaged in mediation. At mediation the parties reached an agreement. The agreement was reduced to writing and signed by Plaintiff's and Defendant Miller. The agreement stated Defendant Miller would pay plaintiffs $30,000 within 90 days of signing the agreement. If Defendant Miller did not make such payment within 90 days a stipulated judgment would be e...

Excerpt: ... set forth six cause of action all related to Defendant's alleged failure to pay for legal services provided to him by Plaintiff. On February 16, 2022, Plaintiff moved for, and received, entry of default against Plaintiff. Default judgment was entered on March 9, 2022. Thereafter, on April 19, 2022, Plaintiff filed his first motion set aside default and default judgment. That motion was granted on June 20, 2022. Defendant filed his answer on June...

Excerpt: ...anDepot") in April 2019. Plaintiff alleges she was added to title and forced to sign a deed of trust securing loanDepot's loan, the proceeds of which were used to buy out Jennifer Corrigan's ex-husband's interest in the property. Plaintiff alleges she was not provided the proper loan disclosures and suffered harm when the property was sold in foreclosure. On November 21, 2022, loanDepot accepted service of the summons and complain via notice and ...

Excerpt: ... met her burden and summary adjudication is denied on the merits. Plaintiff moves for summary adjudication of affirmative defenses two through nineteen in Defendants DeLeon's and Mardel Realty's answer to the fourth amended complaint. "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he caus...

Excerpt: ... bus driver. The original complaint was filed on April 24, 2019 as a class action. PAGA claims were added by amendment shortly thereafter. The first amended complaint is the operative pleading. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-third of the settlement). Litigation costs would not exceed $12,000. The settlement ad...

Excerpt: ...e science research and clinical SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 6 diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 as a class achon. The class claims were dismissed pursuant to an unopposed motion based on an arbitration agreement and class action waiver, but PAGA claims...

Excerpt: ...A case (not a class action), alleging a variety of violations of the Labor Cuie concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for work outside paid SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 10 time, and violations as t...

Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/15/2023 9 follows: (a) demurrers to 1st C/A - overruled; (b) general demurrer to the 2nd C/A - sustained, with leave to amend; and (c) demurrers to the third cause of action — overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the Personal Representatives, Surviving Heirs and/or Successors in Interest of" Dorothy Marshall, the decedent, "and/or as Admin...

Excerpt: ...e is granted. The City's demurrer is overruled. The City shall file an answer on or before April 5, 2023. The basis for this ruling is as follows. A. The First and Second Causes of Acton (Breach of Contract). The First Cause of Action seeks damages for breach of contract. The Second Cause of Action seeks damages for breach of the implied covenant of faith and fair dealing. Defendant City demurs to these causes of action on the ground that plainti...