Excerpt: ...OP relates to Plaintiff Vahid Haghiri ("Plaintiff" or "Haghiri")'s First Amended Complaint ("FAC") for (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Promissory Estoppel; (3) Negligent Misrepresentation; (4) Wrongful Foreclosure; (5) Cancellation of Instruments; and (6) Declaratory Relief. For the following reasons, the WOP is granted, without leave to amend. Request for Judicial Notice Defendants' unopposed Request for Judicial Notic...

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...

Excerpt: ...This is a property case wherein plaintiffs gave the City easements over their land. They claim the grants were the result of fraudulent inducement by the City. The City essentially told them the easements already existed and needed to be modified. Plaintiffs deeded what they believed were modified easements, but learned in 2019 that the City had no easement rights pursuant to a settlement with a prior owner, and the City had misrepresented fts ow...

Excerpt: ...the sufficiency of particular responses to discovery and particular objections. If so, those will be the subject of a further motion to compel addressing discoverability (though the Court frankly hopes the parties will have resolved those disputes by meet-and-confer in the meantime). This, however, is not that motion. The present motion does not call on the Court to referee any discoverability issues or the validity of any objections. Rather, fts...

Excerpt: ...r 30, 2020. The complaint was pleaded as a class action and alleged nine causes of action for various wage and hour violations under the Labor Code and Industrial Wage Order No. 5-2001. Defendant The Counter Walnut Creek LP filed a demurrer to the original complaint, which was sustained with leave to amend. (9/13/2021 Order.) Plaintiff filed a first amended complaint on September 3, 2021 which added as the tenth cause of action a representative c...

Excerpt: ...e Arbitration Proceeding, or in the alternative, Stay Arbitration Proceedings. For the reasons set forth below, the Motion is denied. The Relevant Parties This set of disputes involves multiple claims in both directions. As did the Court's prior ruling, for ease of reference and avoidance of confusion, the Court will refer to the competing sides by summarizing names rather than litigation designators. Plaintiffs in this court case (respondents in...

Excerpt: ..., that ruling can be viewed less as an order requiring plaintiff to comply, than as one giving plaintiff an opportunity to comply. The cost of noncompliance will not be any further discovery sanctions; it will be the inevitable granting of motons in limine barring most or all of plaintiff's case, for failure to identify facts, documents, and witnesses in support of plaintiff's trial contentions. This topic was discussed at considerable length in ...

Excerpt: ...imes at some of those restaurants. The present Gonzalez complaint was filed on January 5, 2021, and subsequently amended. This settlement also covers two other cases asserting similar claims. Plaintiff Frank filed his complaint in SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/22/2023 13 Alameda County in 2018; plaintiff Collins, in Santa Clara County in 2018. Those ...

Excerpt: ...EZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/22/2023 10 A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Because of the preclusive effect of prior PAGA cases against defendants, this case was limited ...

Excerpt: ...and other "similarly situated" employees of defendant, Dolan's of Pinole Lumber and Building Materials Co. Specifically, plaintiff alleges the action is on behalf of "[all' persons who worked for any Defendant in California as an hourly-paid or non-exempt employee at any time during the [relevant time period]." (Complaint, 8:4- 5.) The entire complaint is alleged on information and belief. (Complaint, 1:1-2.) Plaintiff alleges SUPERIOR COURT OF C...

Excerpt: ...ction, and overruled with respect to the second, third, and fifth causes of action. The motion to strike is granted with respect to attorneys fees and denied as to punitive damages. Plaintiff has leave to amend. The amended complaint shall be filed and served on or before July 3, 2023. Background Plaintiff's complaint alleges that, on December 13, 2021, plaintiff was rear-ended while at an intersection in Brentwood. (Complaint, 915.) The other dr...

Excerpt: ...ant Amip Management (collectively, "Defendants")'s Demurrer. The Demurrer relates to Plaintiff Ricknauth Karan and Plaintiff Davitri Karan (collectively, First Amended Complaint ("FAC") for (1) wrongful foreclosure, (2) violations of Civ. Code 2923.5, (3) violations of Civ. Code 2924.11, and (4) declaratory relief. For the following reasons, the Demurrer is sustained, with leave to amend. Factual Background This is a wrongful foreclosure case. Pl...

Excerpt: ...e; (4) quiet title; (5) breach of fiduciary duty; (6) constructive trust; (7) partition by sale of real property; and (8) partition by sale of real property. Defendant demurs to all Plaintiff's causes of action pursuant to Code of Civil Procedure ("CCP") S 430.10 on several grounds; in the alternative, Defendant moves to stay or enjoin pursuant to CCP S 418.10 and 526(a) based on pending family law proceedngs in Contra Costa Case No. D22-03945. F...

Excerpt: ...the action filed by the other two defendants heard concurrently with the demurrer. Background This action arises out of a long-running dispute among five siblings, the children of Silvio Garaventa, Sr. and Mary Garaventa, following the death of Mary Garaventa. The siblings are direct and indirect owners of the plaintiff, Garaventa Enterprises, Inc., a closely held corporation. (Compl. "115-25.) The Court will use first names of the siblings in th...

Excerpt: ...s the burden on both these issues. (Code of Civil Procedure 5405.30; see also, Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647.) A motion to expunge a lis pendens usually involves two questions. First, is whether the complaint involves a real property claim. (Code of Civil Procedure 5405.31.) Defendant concedes that the complaint here involves a real property claim. Probable Validity of Plaintiff's Claim Next, the Court considers the merits ...

Excerpt: ...alendar days before the next CMC. The parties shall update the court as to the status of the stay and whether it can be vacated. (4) Plaintiff shall file and serve notce of entry of this order. Background Plaintiff Kevin Winans filed this acton to recover damages for battery, use of excessive force, civil rights violations pursuant to 42 USC section 1983, etc., against Defendants City of Brentwood Police Department and Officers Jonathan Davis and...

Excerpt: ...il October 20, 2023, and a CMC shall be set for 8:30 a.m. on September 19, 2023. Any party seeking to extend the stay will need to file a noticed motion seeking such relief. Background This action arises out of a long-running dispute among five siblings, the children of Silvio Garaventa, Sr. and Mary Garaventa, following the death of Mary Garaventa. The siblings are direct and indirect owners of the plaintiff, Garaventa Enterprises, Inc., a close...

Excerpt: ...013. For illustration purposes only, below is a picture of area in dispute: The red pinpoint (left) indicates Defendants' house. The purple square (center) identifies Plaintiff's house. The road leading from Defendants' home to Pleasant Hill Road is a roadway ingress/egress easement that the three houses jointly possess. That easement does not appear to be at issue in this proceeding. Instead, in the general area of the orange circle is the so-ca...

Excerpt: ...s ruling and in accordance with the applicable Local Rules. Background Plaintiff and defendant California Custom Metals, Inc. ("CCM") entered into a Settlement Agreement, a copy of which is attached as Exhibit A to the moton and supporting declaration of Plaintiffs counsel. The Settlement Agreement provides for a $70A)O payment to be made within 15 days after all parties executed the Settlement Agreement. (Mot./Yasman Decl. Exh. A, p. 7, Para. D....

Excerpt: .... Code S 2923.7; (4) negligence; (5) negligent misrepresentation; (5) violation of Bus. & Prof. Code S 172CK) et seq.; (7) declaratory relief; (8) breach of the covenant of good faith and fair dealing; and (9) promissory estoppel. Before the Court is Plaintiff's Motion for preliminary injunction pursuant to Code of Civ. Proc. ("CCP") S 526, 527 and Civ. Code S 2924.12(a) (the "Motion"). The Motion is opposed by Defendant Fay Servicing, LLC ("Defe...

Excerpt: ...lth's Request for Judicial Notce is denied. Although a court may judicially notice a SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 06/14/2023 Page 17 of 31 variety of matters (Evid. Code, S 450 et seq.), only relevant material may be noticed. (See, People ex rel. Lockyer v. Shamrock Foods Co. 24 Cal.4th 415, 422 ["any matter to be judicially noticed must b...

Excerpt: ...with California Rule of Court 3.112 regarding the required papers for Motions. Rule 3.1112 requires that the papers filed in support of a motion must consist of at least a notice of hearing on the motion, the motion itself, and a memorandum in support off the motion. (CRC 3.1112(a).) Defendant's Motion consists of just a single document, which moves the Court to dismiss the Complaint "on the basis of claim preclusion (Res Judicata), collateral es...

Excerpt: ...unopposed MSJ is granted. Procedural Background Defendant GTE Mobilenet of California Limited Partnership (erroneously sued as Verizon California, lnc and GTE Corporation) filed its MS] on January 6, 2023. The hearing on the MS] was scheduled for April 10, 2023. Thus, Plaintiff's opposition was due on or before March 27, 2023. No opposition was filed at that time. Instead, on April 6 — two court days before the hearing — Plaintiff filed a mot...

Excerpt: ...ide at property located at 180 Riverside Drive in Bay Po-nt. 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.) Both properties had a downward slope in the backyard. (AMF No. 4.) Defendants' predecessor o...

Excerpt: ...s denied. District shall file its answer to the complaint of Jane Doe 3 by June SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 05/12/2023 22, 2023. Background Plaintiffs, who filed this action under the pseudonyms "Jane Doe #1," "Jane Doe #2," and "Jane Doe #3," are three former students of defendant Miramonte High School, which is a high school operated by defendant...

Excerpt: ...s sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, "uncertain" includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral." "Under general rules of civil procedure, an answer must contain the general or specific denial of the material allegations of the complaint controverted by the defendant and a stat...

Excerpt: ...0 class members and 128 PAGA aggrieved employees. Two packets were returned by the post office. Follow up resulted in one new address, leaving only one non-deliverable. No objections have been received, and only one class member opted out. E. Background and Settlement Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underp...

Excerpt: ...se of Acton and denied, in part, as to the Second and Third Causes of Action, as fully explained below. 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 evidentiary facts" (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaint...

Excerpt: ..., filed this suit to recover for injuries sustained while operating a motor grader. Defendant American Equipment Company ("AMECO") allegedly manufactured, sold, or leased the defective equipment and defendant NorCal Rental Group, LLC ("NorCal") allegedly helped manufacture, supply and/or repair the defective equipment. On August 24, 2022, NorCal filed a cross- complaint against AMECO for express contractual indemnity. The cross-complaint alleged ...

Excerpt: ... dba Certified Heating and Air Conditioning and dba Certified Solar, Heating & Air Conditioning ("Certified") and Brian Arlaud arises out of Plaintiffs' purchase of a heating and air conditioning system ("HVAC") from Certified. (Pl. Sep. Stmt. of Undisputed Material Facts ("LJMF"), Issue l, UMF No. 1.) They allege Certified gave them a written "18 Month Certified Trust Guarantee" when they bought the system. (UMF No. 3.) The Huslers contend they ...

Excerpt: ...s filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June 10, 2022. Plaintiff filed fts initial opposition to the MS] on August 11, 2022. Thereafter, on August 24, 2022, the Court issued a tentative ruling continuing the hearing on the MSJ and ordering Defendant to re-file its opposition so as to comport with the applicable California Rules of Court and Code of Civil Procedure. No party contested this ...

Excerpt: ...aintiff was employed there as a stylist in the summer of 2021. The original complaint was filed on October 17, 2021. A PAGA claim was added by amendment in December 2021. The settlement would create a gross settlement fund of $450,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $150,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs ...

Excerpt: ...uired Victory in January 2021, and continued its business with the same work force. Victory and Thorpe were in the business of designing and installing fire protection systems. Delamora was employed as a pipefitter from 2016 to 2021; Cardenas, as a carpenter from 2020 to 2022. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/08/2023 2 Delamora's original complaint was ...

Excerpt: ...endant is the parent of Hand & Stone Massage and Facial Spa. Plaintiff was employed with defendant as a neuromuscular therapist in the spring of 2021, though only briefly. The original complaint was filed on October 25, 2021. A PAGA claim was added by amendment in January 2022. 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-t...

Excerpt: ...mately 2016 through 2018. (Separate Statement of Undisputed Material Fact in Support of Plaintiff's Motion, hereinafter "Plaintiff's SSUMF," Fact No. 1, and defendants' response.) Defendant Vivek Bansal is the sole owner and CEO of Vivek Bansal M.D., Inc. (Plaintiff's SSUMF, Fact No. 2, and defendants' response.) In 2018, plaintiff sued defendants in another county for violations of the California Labor Code and that case was transferred to this ...

Excerpt: ...time to be determined at the hearing and supplemental briefing as set forth. Background This case arises out of a boundary dispute between adjoining landowners. The parties both agree that they engaged in a mediation before a third party mediator, and that as a result of the mediation, the parties entered -nto a written settlement agreement entitled "Settlement Agreement and Mutual Release" (the "Settlement Agreement") which, pursuant to paragrap...

Excerpt: ...gilio 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.) 80th properties had a downward slope in the backyard. (AMF No. 4.)...

Excerpt: ...l Notice ("RJN") regarding the documents recorded in the Contra Costa County Recorder's Office is granted. (Cal. Evid. Code 452(h); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549, overruled in part by Black Sky Capital, LLC v. Cobb (2019) 7 Cal.5th 156, 245.) Legal Standard The standard for granting a moton for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnettv. Chimney Sw...

Excerpt: ...vor of Defendants. Factual Background Plaintiff alleges that he was injured in a motor vehicle accident by an ambulance operated by Michael Dayton and owned by AMR. The form complaint alleges those facts, that the accident occurred on April 23, 2019 on Clayton Road in Concord, and that Defendants' acts were negligent. (Attachment to Compl.) The Complaint alleges one cause of achon for negligence arising out of the accident. The Complaint was file...

Excerpt: ...RIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 10 Plaintiff filed the Complaint initiating this matter on March 13, 2023. She filed proofs of service of summons indicating that both Defendants, County of Contra Costa and Arnold Josselson, M.D., were personally served with the summons and Complaint on March 17, 2023 by delivering copies of her filings with the Board o...

Excerpt: ...T OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 2 opposition and Joinder to the Motion. Defendant seeks to transfer the instant case to Calaveras County. For the following reasons, Defendant's motion is granted. Analysis The default venue for civil actions is "the superior court in either the county where the injury occurs or the injury causing death occurs or the county where...

Excerpt: ...p on which plaintiff tripped or slipped. The Rabinovicis own the adjacent residence. They are not accused of doing anything to cause the alleged dangerous condition — only of not having remedied it. The City cites a municipal ordinance requiring adjacent property owners to maintain sidewalks in a non- dangerous condition, and to "repair and replace" such sidewalks whenever necessary to maintain them in nan-dangerous condition. SUPERIOR COURT OF...

Excerpt: ... interrogatories, stating that counsel "lost track of this discovery amongst the Wluminous sets of burdensome discovery by the numerous Defendants in this matter". However, it is plaintiff that chose to sue some 20 defendants in this case; it should have been prepared to respond to discovery from all of them. And as seen in its opposition to the trial-scheduling motion still pending, it is plaintiff that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA...

Excerpt: ...ure to meet their initial burden. Background Plaintiffs seek to quiet title against defendant Shadelands Medical Center Owners Association. Defendant is the owners association of owners of units in the Shadelands Medical Center condominium project ("Shadelands"), a common interest development as defined in Section 4100 of the California Civil Code. Historically, Shadelands was developed by Vertical Ventures - Wiget Lane, LLC ("Vertical"). Vertica...

Excerpt: ...fendants' motion to confirm is granted, and Plaintiff's motion to vacate, change or correct the award is denied. Background This action involves a dispute over the assets of Katherine Hill-Ford, who died on November 30, 2015. Defendant Anita Budde is Hill's daughter. Plaintiff Lawrence Ford, who is not Budde's father, married Hill in 2006. Defendant Frankie Ross is Hill's financial advisor. Ford alleges that Hill filled out beneficiary designatio...

Excerpt: ...ad litem) is suing the Defendant for negligence claims related to an accident. Defendant was driving when she hit Plaintiff who was crossing the street while in the crosswalk. Plaintiff is seeking punitive damages based on malice. The facts supporting punitive damages are that at the time of the accident, Defendant's driver's license was suspended for "lack of knowledge or skill". Defendant's license was suspended because she had slowed her vehic...

Excerpt: ...son Village Homes Corporation filed this action for breach of contract and negligence on SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 06/01/2023 6 February 7, 2023. Plaintiff is a nonprofit mutual housing corporation. Plaintiff currently has several hundred members who occupy over 400 housing units in Richmond, California. Rather than own individual properties themselves,...

Excerpt: ... Code S 2923.7; (4) negligence; (5) negligent misrepresentation; (5) violation of Bus. & Prof. Code S 17200 et seq.; (7) declaratory relief; (8) breach of the covenant of good faith and fair dealing; and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/31/2023 (9) promissory estoppel. Before the Court is Plaintiff's Motion for preliminary injunction pursua...

Excerpt: ...filed a cross-complaint against Insalaco and Lomax for declaratory and injunctive relief. PHH alleges that Insalaco executed a deed of trust in favor of WMC Mortgage Corporation in 2005. (Cross-Comp. 95 and Ex. 1.) Wells Fargo is the current owner of the loan and PHH is the current servicer of the loan. (Cross-Comp. "7-8.) Paragraph 11 of the deed of trust states in part that "[lin the event of a total taking, destruction, or loss in value of the...

Excerpt: ... to Richmond's adoption of a new business tax mulel ("Measure U" or "the Richmond Business Tax") based on business' gross receipts instead of a flat tax rate. The new system, which was originally promoted as being "based on the Berkeley Model," results in significant increased taxes on plaintiffs. Plaintiffs allege their taxes have increased by a factor of more than and that their class of businesses, Class C, is disproportionately affected. (See...

Excerpt: ...ployed by some of the defendants during the relevant time period. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiffs assert alleged violations for off-the-clock work, meal and rest breaks, reporting time...

Excerpt: ...nsidering Jorgensen, she missed the deadline for filing an LWDA notice by two years. And looking to the effect of Jorgensen's notice and complaint, although the parties argue about whether Chayrez does or doesn't get to piggyback onto what Jorgensen had done, doesn't matter much because even if Chayrez steps fully into Jorgensen's LWDA notice and complaint, Jorgensen's position was that of representing employees for a PAGA period that didn't star...

Excerpt: ...about which causes of achon include Ralph Padilla (as opposed to Padilla Construction Company). Perhaps out of an excess of caution, Ralph Padilla sought summary adjudication as to causes of action one, two and three. In the opposition, however, plaintiffs confirmed that they are suing Ralph Padilla only for negligence (cause of action one). The Court's review of the fourth amended complaint also shows that plaintiffs are not suing Ralph Padilla ...

Excerpt: ...ator has mailed notices to 859 class members. 114 packets were returned by the post office. Follow up resulted in 73 new addresses, leaving 39 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms The original complaint was filed on March 9, 2020. There are a number of claims in the complaint, but they all arise generally from the allegation that defendant made a practic...

Excerpt: ...y products in agriculture and structural pest control. Plaintiffs were employed (Desantis formerly, and Barnes currently) as workers in a warehouse facility in California. The original complaint was filed by Desantis on September 8, 2021 as a class action and PAGA case. Barnes filed a parallel class action complaint on February 18, 2022. The settlement would create a gross settlement fund of $372,500. The class representative payments to the name...

Excerpt: ...is hearing. The Court has provided a tentatve ruling on this matter to assist the parties in preparing for argument. The Court has not reached a final decision on this matter. l. BACKGROUND Real Party in Interest Marathon Petroleum Company operated an oil refinery in Martinez. The refinery operated for 107 years, until it stopped operating in April of 2020. It now proposes to repurpose the refinery into a renewable fuels refinery, i.e., a refiner...

Excerpt: ...e arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq. ('FAA") or by the California Arbitration Act, Code of Civil Procedure section 1280 et seq. ("CAA'I), is the threshold issue of whether a valid and enforceable agreement to arbitrate exists is determined under California law and procedures. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413; Code Civ. Proc. SS 1281, 1281.2, 129...

Excerpt: ...e 13, 2023. Plaintiff's supplemental opposition, if any, is due no later than June 20, 2023. Relevant Background Plaintiff Jasvir Singh Shahi ("Plaintiff") filed this breach of contract action on November 8, 2022. Plaintiff alleges he entered into an oral construction contract with Defendant Felipe Pena ("Defendant") which Defendant breached, resulting in damages to Plaintiff in the amount of $106,930. According to the proof of service filed on J...

Excerpt: ...udice. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/24/2023 Procedural Background Plaintiff initiated this matter by filing her Complaint on March 24, 2022. Defendant was not served until August, and thereafter filed a demurrer to the Complaint on September 16, 2022. Instead of filing an opposition, Plaintiff filed her First Amended Complaint (FAC) on ...

Excerpt: ...ion 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. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 05/24/2023 For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant requests judicial ...

Excerpt: ...icensed contractor — B&P S Code 7031; (3) breach of implied covenant to perform work in a good and competent manner — construction; (4) negligent design and construction; (5) violation of B&P Code S 7160; (5) recovery on contractor's state license bond; (7) declaratory relief; and (8) injunctive relief. All causes of action, except cause of action 6, are alleged against Cross-Defendant Monte Blanco General Construction, Inc. ("Monte Blanco")....

Excerpt: ...("Motion"). Appearances are required by all Parties to discuss how they would like to proceed based on the Conclusion at the end of this Tentatve Ruling. The required hearing will take place on Tuesday, May 23, 2023 at 10:30 a.m. Background Defendant Susan Dixon owns real property located at 820 Bates Avenue in El Cerrito, California ("Dixon Property"). The Dixon Property is bordered, either directly or next to an easement, by 12 other properties...

Excerpt: ... judgment on the pleadings on the fourth cause of action for financial elder abuse alleged in Plaintiffs' Second Amended Complaint ("2AC '). For the reasons set forth, the motion is denied. Background Plaintiffs George Byers and Sheila Byers allege they are both over 65 and that Mrs. Byers is largely confined to a wheelchair. (Second Amended Complaint ("2AC") 1.) They have sued their homeowners insurance carrier defendant USAA General Indemnity C...

Excerpt: ...ion, if he can provide additional information on his financial situation and/or there is other that becomes available in the future. Defendant Christian Cizek's motion contesting the good faith application by Manuel TelloChavez is denied. The Court finds that the settlement between Plaintiff and Tello-Chavez is in good faith pursuant to Code of Civil Procedure section 877.6. The party claiming that a settlement is not in good faith under Code of ...

Excerpt: ...aintiffs' Motion is granted. Procedural Background On October 11, 2022, the Parties attended a settlement conference before court appointed mediator Jessica Braverman. After exhaustive negotiations, the parties came to an agreement to settle the case. That same day, all four Parties, i.e. Plaintiffs Manuel ü)pez and Helen Kei and Defendants Gregory and Dana Freeman, signed a Settlement Agreement setting forth the terms and conditions of the sett...

Excerpt: ...Sahar, Nathan Sahar, and Michele Sahar filed the initial complaint in this matter, Case No. C22-00746 (the "Present Matter"), by dropping the necessary papers in the Red Drop box outside of the 1st floor entrance to the Martinez Civil Courthouse on that date. o Plaintiff contends that this was "the Court's required process at this time for filing of civil documents." (emphasis added.) This statement is incorrect, as the Court's filing window was ...

Excerpt: ...r filed its own motion.) Plaintiff, Nancy Lowenstein, moves for trial preference. The motions to compel arbitration, and the joinder, are granted. All further proceedings (including the motion for trial preference and plaintiff's third cause of action against Legacy) are stayed pending the outcome of arbitration. (Code Civ. Proc., S 1281.4.) Parties are encouraged to proceed jointly with a single arbitration proceeding. The Court sets a hearing d...

Excerpt: ...gainst David Eckert, Baywoods Homeowners Association (hereinafter "Baywood HOA"), and Homeowners Management Co., LLC. The action was filed on October 28, 2021, and the operative First Amended Complaint ("FAC") was filed on August 19, 2022. The FAC purports to allege three causes of action using a judicial council form complaint: (1) breach of contract, (2) general negligence, and (3) intentional tort. Specifically, plaintiff alleges that on or ab...

Excerpt: ...lace Matter Back on Active calendar ("Motion"). For the reasons set forth below, the Moton is denied. However, the Court on its own moton will reconsider its earlier ruling in a very limited manner as set forth at the end of this order. Plaintiff is granted limited leave to amend as set forth below. Procedural Background Plaintiff filed the Complaint in this matter on December 30, 2020. The Complaint pertains to alleged injuries sustained by Plai...

Excerpt: ...ffice position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were added by amendment in December 2022, and additional claims added in March 2023. The settlement would create a gross settlement fund of $750,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $250,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administra...

Excerpt: .... For the following reasons, the Motion is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/18/2023 Page 11 of 26 Request for Judicial Notice Plaintiffs' unopposed request for judicial notice of Contra Costa County Tax Assessor Records and California Department of Energy Climate Zone Designations by Zip Code is granted. (Evid. Code SS 452, 453.) General Description...

Excerpt: ...n complaint against John Muir Health (JMH). The Court previously sustained in part a demurrer to their original complaint. Plaintiffs allege that each of them is a Facebook user which gives them a unique Facebook ID associated with their Facebook profile and account. (FAC 55, 91, 95, 101, 106.) They further SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/18/2023 2 all...

Excerpt: ... alleges Fay Servicing, LLC ("Fay") is the servicer for her mortgage loan secured by the Property. (Compl. 2, 5.) She alleges she submitted "a completed loan modification application" to Fay on "December 13, 2021," though she contends in her opposition the date is a typographical error and is really December 13, 2022. (Compl. '1 9; Opp. p. 3, II. 19-23.) Plaintiff alleges on January 17, 2023, Fay requested her two most recent paystubs, which she ...

Excerpt: .../A (breach of fiduciary duty) — sustained, with leave to amend. Background Plaintiff Pearl Seaborn is the former spouse of Charles Lee Seaborn, now deceased. She alleges that she and her husband became the owners of a residential property on Bismarck Terrace in Brentwood, California (the "Property") in 2001. (Fourth Amended Complaint ("4AC') "1 2, 15-17.) She alleges in February 2005, a forged Interspousal Transfer Grant Deed ("Interspousal Dee...

Excerpt: ...d denied, in part, as fully explained below. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence, but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1365, 1375; Kalnoki v. First American Trustee Servicing Solu...

Excerpt: ...onal practice in performing Slava's hernia surgery and his treatment. Plaintiff Slava alleges the Contra Costa Regional Medical Center ("medical center"), on whose behalf the County is appearing in the action, is vicariously liable for Dr. Berguer's negligence as his employer. Plaintiff Ilga Viner ("Ilga") is Slava's wife. The current operative pleading is the Second Amended Complaint ("2AC'). Plaintiffs seek leave to file a Third Amended Complai...

Excerpt: ...erra" or "defendant"), which operates drug and alcohol treatment centers. (Separate Statement of undisputed Material Fact, hereinafter "SSUMF," Fact Nos. 1-2, and plaintiff's response.) Approximately a month later, she was promoted to Interim Director of Nursing. (SSUMF, Fact No. 4, and plaintiff's response.) In that capacity, plaintiff received two disciplinary "write-ups," one for failing to regulate overtime for nursing staff and another for f...

Excerpt: ... and Brook Andrew Woolley, M.D. ("Kaiser Defendants"). For the reasons set forth, and subject to the Kaiser Defendants making the supplemental submission addressed below at or prior to the hearing on the petition, the petition is granted as to all claims by Plaintiff in her individual and representative capacities against the Kaiser Defendants; the motion to stay the action is granted as modified by the Court pursuant to Code of Civil Procedure s...

Excerpt: ...23 the Court issued an Order awarding and striking certain costs to Defendant for prevailing on Susan Clancy's claims. On behalf of Timothy Clancy, plaintiff has filed a memorandum of costs, and Defendant has filed a motion to tax costs claiming that certain of the costs are non-recoverable. Analysis Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. To ob...

Excerpt: ... value under the Probate Code. Probate Code section 18100 states that "[w]ith respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them... The third person is fully protected in dealing with or assisting the trustee just ...

Excerpt: ...tration award. For the reasons set forth, the Court requests supplemental briefing by the parties before the Court issues a ruling on the merits of the motion. The parties shall file and serve supplemental briefs no longer than 10 pages double-spaced by May 22, 2023 addressing the issues set forth below. The hearing on the motion and Plaintiff's response is continued to 9:00 a.m. on June 1, 2023. On July 21, 2022, Ford commenced an arbitration be...

Excerpt: ...ted, the administrator has mailed notces to 951 class members. Fourteen packets were returned by the post office. Follow up resulted in 10 new addresses, leaving 4 non- deliverable. No objections or requests to opt out have been received. 12 Both motions are granted. A. Background and Settlement Terms The original complaint was filed on September 28, 2020, raising claims under PAGA and a class action on behalf of non-exempt employees, alleging th...

Excerpt: ...ator has mailed notices to 533 class members. One packet was returned by the post offce. Follow up resulted in a new address, leaving none non-deliverable. No objections have been received, and only three class members have requested exclusion from the class settlement. The Court notes some confusion as to the amount of the settlement administration cost. The estimate at the time of preliminary approval was $11,857.70. Now the body of the motion ...

Excerpt: ...ourt ...." "The party advocating class treatment must demonstrate the existence of [1] an ascertainable and sufficiently numerous class, [2] a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.]" (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also Code of Civil Procedure S 382.) Plaintiff has the burden of showin...

Excerpt: ...present are current or previous Operators that worked at Chevron's oil refinery in Richmond, California. The Operators belonged to a union (United Steelworkers Local 5), which was the sole bargaining representative of Chevron's employees. The union and Chevron had a collective bargaining agreement which covered the Operators throughout the period of November 25, 2019 through May 30, 2022. (Mohon at 9:22-28.) The collective bargaining agreement co...

Excerpt: ...f Rights [42 U.S.C. S 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. S 10851; and (4) declaratory relief. For the reasons set forth below, the City's Demurrer is sustained without leave to amend. (CCP S 430.10(e).) The City's Request for Judicial Notce regarding Ordinance No. 801-C-S, Ordinance No. 2133-C-S, Right-of-Way Agreements between the City and SFPP, L.P., and the certified transcript of the February 2, 202...

Excerpt: ...le, Lafayette, on December 30, 2022. The case does not have a trial date. Plaintiff now seeks to file a first amended complaint to (1) add her daughter, Mirabel Connor, as a plaintiff; (2) add a cause of achon for constructive eviction on behalf of Mirabel; and (3) make changes that are administrative in nature. Defendants oppose. Applicable Law It is well-established under California law that leave to amend is to be granted liberally, to accompl...

Excerpt: ...tion. Procedural Background This matter pertains to claims made by Plaintiff Corporate Immigration Partners, LLP (a aw firm) relating to actions taken by former employee, Defendant Gina Sales-Cengiz (an attorney) before, during, and after her leaving her employment with Defendant. Defendant is alleged to have given notice of her intent to resign on December 23, 2022, with an effective date of January 12, 2023. During those last two weeks of emplo...

Excerpt: ...y that award of attorney fees has not been paid, and defendants seek to enforce it by contempt order. Left unspoken, however, is exactly what defendants mean by a "contempt order". What exactly do they contemplate the Court is supposed to do as a response to a contempt of court consisting of nonpayment of a judgment? Issue another order that Lewis pay up? Put him in jail? Give him a criminal conviction? Or what? It doesn't appear that defendants ...

Excerpt: ...reement between the parties that cover this actions' claims. The motion is denied, because in the Court's view defendant has waived the right to seek arbitration. The Agreement to Arbitrate Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. SS 1 et seq., or by the California Arbitration Act, Code of Civil Procedure SS 1280 et seq., the threshold issue of whether a valid and enforceable agreement to arbitrate ex...

Excerpt: ...ENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 7 Facts ["UMF"] No. 1; Neeno Decl. par. 3; Defs.' Additional undisputed Material Fact ["AUMF"] No. 1.) The Neeno Property is located near the top of the Martinez Ridge in or adjacent to the Muir Oaks subdivision of Martinez and was undeveloped when plaintiff purchased it. (AUMF No. 3.) The only paved access to the Neeno property is from Alhambra Avenue, a public road, is by using f...

Excerpt: ... CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 Factual Background Plaintiff owns a 2008 GMC Yukon 1500 (the "Vehicle"). The Vehicle was towed to Defendant Lehmer's Concord Buick GMC ("Defendant") on or about May 13, 2020 as it was having engine problems. This included sputtering of the engine and an illuminated 'check engine' light. Defendant inspected the Vehicle and determined there was an...

Excerpt: ...ment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 20 The original complaint was filed on August 27, 2021 as a class action. It was later amended to add a PAGA claim. The settlement would create a gross settlement fund of $395,000, payable in two equal insta...

Excerpt: ...al 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 failed to reimburse employees for the cost of obtaining personal protective gear (such as masks) during the COVID crisis. The original complaint was filed on October 8, 2020. After a demurrer ruling, an amended SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART...

Excerpt: ... CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 05/04/2023 and S 430.50(a) on the grounds that "the underlying Notice of Termination is fatally defective because it failed to serve the appropriate Tenant and the Landlord is estopped from enforcing the Sublease." (Notice at 1:27-28.) For the following reasons, the Demurrer is overruled. Legal Standard "The function of a demurrer is to test th...

Excerpt: ...ice Kugler (collectively "Defendants")'s Demurrer to Plaintiff Maureen Mbadike-obiora, MD ("Plaintiff" or "Dr. Mbadikeobiora")'s Fourth Amended Complaint for (1) breach of contract, (2) accounting, (3) breach of fiduciary duty, (4) breach of implied covenant of gtnd faith and fair dealing, (5) intentional and negligent misrepresentation, and (6) declaratory relief. For the following reasons, Defendants Demurrer is sustained, with leave to amend. ...

Excerpt: ...ckhawk Meadows. From the time the Evanses purchased their home, disputes arose with the developer, S&S Constructon (sometimes the "Developer"), over alleged construction defects. In September 2020, Plaintiff Blackhawk Meadows Homeowners Association (sometimes the "HOA") filed this action for breach of the Declaration of Covenants, Conditions and Restrictions for Blackhawk Meadows (the "CC&Rs") by Defendants. Plaintiff seeks: (1) injunctive relief...

Excerpt: ...ders, LLC (the general contractor) when it filed its complaint on November 17, 2020 against Defendant ProFrame, Inc. (the framing subcontractor). The initial Complaint contained a single cause of action for breach of contract. Exhibit 1 to the Complaint is the Subcontract between West Creek and ProFrame — drafted by West Creek — which contains the arbitration clause at issue. Thereafter, there were a number of pleadings filed as outlined belo...

Excerpt: ...Gate Project consistent with various applicable laws. They also seek a determination from this Court that the Project is consistent with the City's standards, and that the City cannot require a zoning amendment. The Court previously requested supplemental briefing to address several questions concerning Chapter 17.486 of the City's Municipal Code, the "blank map" located at section 17.486M8 of that Chapter, ripeness and the issues before the Plan...

Excerpt: ...ions or other issues requiring ruling as to these categories. Kalamas's counsel has informed defendants' counsel that Kalamas has no documents (or no documents not already SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 2 produced) responsive to these categories. Defendants' counsel basically offer to take that as an answer, provided Kalamas gives them a writt...