Excerpt: ...th leave to amend as to defendant Steven Thomas. Plainti
¯ is given to February 23 in which to Þle and serve a second amended complaint. If it elects not to do so, Steven Thomas will be dismissed as a defendant, as the FAC's other cause of action is not asserted against him. Defendants request judicial notice of the FAC. The Court does not need judicial notice for a pleading in its own case docket. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COU...

Excerpt: ... and has health problems which could prejudice her interests in the litigation should preference not be granted. Defendant, Chateau Pleasant Hill dba Carlton Senior Living Pleasant Hill-Martinez (hereinafter “Carlton”), opposes the motion. Based on the evidence provided by plainti
¯, the Court Þnds that preference is warranted. The Court grants the motion and will set trial date within 120 days. Code of Civil Procedure, § 36(a) states that...

Excerpt: ...arch 4, 1972,” and their eighth cause of action for Declaratory Relief. Plainti
¯s' unopposed Request for Judicial Notice is granted. (Cal. Evid. Code § 452 (c), (d), (h).) Plainti
¯s' motion for summary adjudication is denied for the reasons set forth below. Factual Background Briones Regional Park (“Briones”) is a 6,000+ acre open space area within the Easy Bay Regional Park District. Property identiÞed as 3506 Echo Springs Road, in L...

Excerpt: ...ing uncertain, ambiguous and unintelligible, and for failure to allege sufficient facts to state a claim. (Code Civ. Proc. SS 430.10(e) and 430.10(f).) For the following reasons, the Demurrer is sustained with leave to amend. Meet and Confer Requirement Defendants satisfy their meet and confer requirement regarding their demurrer in detailing their efforts in reaching out to Plaintiff's counsel on September 15, 2023, by email and September 29, 20...

Excerpt: ...mended complaint by February 5, 2024. Defendant's time to answer shall run from that date. l. Requests for Judicial Notice In support of both the demurrer and moton to strike, defendant requests judicial notice of the February 24, 2021, Proposed Statement of Dec:ision in the underlying suit. The request is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/26...

Excerpt: ...ion petition, and recommends that the coordination proceedings be SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/25/2024 11 assigned to San Francisco Superior Court. Coordination All parties are in agreement that these cases are complex under California Rule of Court 3.502. They are likewise in unanimous agreement that these actions should be coordinated, proceeding ...

Excerpt: ...violation of Labor Code SS 1194 and 510; (3) violation of Labor Code S 2802; (4) violation of Labor Code S 226; (5) violation of Labor Code SS 201-204; (6) violation of Labor Code S 2598 et seq.; and (7) Business and Professions Code S 17200 et seq. Defendant moves pursuant to the Federal Arbitration Act to compel Plaintiff to submit all individual claims and non-representatve PAGA claims asserted in his FAC to arbitration. Defendant also moves o...

Excerpt: ... packets were returned by the post office. Follow up resulted in 14 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant is a financial services company offering a variety of services. Plaintiff was employed there in a non-exempt offce position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were add...

Excerpt: ...emailed to corrected addresses, leaving 2 undeliverable. There have been no objections or requests for exclusion. The motion is granted, subject to clarification as to the proposed dates of payment (see below). Counsel are to appear (Zoom okay) to clear this point up. A. Background and Settlement Terms Defendant operates two car washes located in Concord and Fremont. Plaintiff has been employed there as a car washer since the mid-2000s. The origi...

Excerpt: ...issolution of partnership) or seventh cause of action (declaratory relief). The Court notes that it does not appear that anpne in this case contends that there is any partnership to be dissolved, however, so count 3 may be moot. The Court further notes that the SAC as filed had two plaintiffs, namely Olivarez personally and JR National Floral Network, LLC (referred to by all parties as "JR LLC"). Plaintiff has since filed a dismissal with prejudi...

Excerpt: ... complaint on August 15, 2023 alleging the following causes of action arising from her tenancy at an apartment complex located at 3400 Richmond Parkway, in Richmond: (1) tortious breach of the implied warranty of habitability; (2) breach of the covenant of quiet enjoyment; (3) contractual breach of the implied warranty of habitability; (4) breach of contract; (5) retaliation in violation of Civil Code secton 1942.5; (6) private nuisance; (7) prem...

Excerpt: ... fifth cause of achon for violation of Labor Code section 2802 based on the Firm's alleged failure to reimburse expenses he claims he is owed. Plaintiff moves for summary adjudication of the fifth cause of action. The motion is not opposed. Legal Standards for Ruling on Defendant's Mohon for Summary Judgment Under Code of Civil Procedure section 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there i...

Excerpt: ... Construction Co. ("General Contractor") to perform masonry work at a residential construction project in Alamo (the "Project"). (Def. Separate Statement ("SS") of Undisputed Material Facts ("UMF") 5, 6, 8, 9, 62, 63, 65, 71.) Defendant Albert D. Seeno Construction Co., Inc. ("Manager") is the managing member of the General Contractor. (UMF 52, 66.) Dominguez alleges he was seriously injured when he fell from scaffolding while he was installing d...

Excerpt: ...ic's separate statement does not comply with Cal. Rule of Court 3.1350(f)(2) because it does not contain a statement as to whether each UMF in Cutting Edge's Separate Statement is disputed or undisputed. The Court was able to determine, however, that Republic does not dispute any of Cutting Edge's relevant material facts by looking to both Republic's "Objections to Separate Statement" and its own separate statement. Cutting Edge's Request for Jud...

Excerpt: ...lleges a violation of Government Code sections 65587 and 65751 based on the City's failure to adopt an updated Housing Element by the statutory deadline of January 31, 2023. (Petn. "1 2, 3, 16-19,25, 26, 33-37.) Petitioner is identified in the petition as "California Housing Defense Fund" ("Cal Housing' for convenience) which Petitioner alleges is "a California nonprofit public benefit corporation and 501(c)(3) public charity." (Petn. 5.) It alle...

Excerpt: ..."Dr. Mbadikeobiora")'s Fifth Amended Complaint for (1) breach of contract (billing services agreement), (2) breach of contract (PCP agreement), (3) accounting, (4) breach of fiduciary duty, (5) aiding and abetting breach of fiduciary duty, (6) breach of implied covenant of good faith and fair dealing, (7) intentional and negligent misrepresentation, and (8) declaratory relief. Defendants demur to Plaintiff's causes of action for (2) breach of con...

Excerpt: ..., (h).) Defendant's demurrer is sustained, without leave to amend. Summary of Allegations Plaintiff purchased real property located at 324 Coronado Court, Discovery Bay, California (the "Property"). In April 2004, Plaintiff refinanced her mortgage with a loan from World Savings Bank, secured by a deed of trust against Property. (Defendant's Request for Judicial Notice ("RJN"), Ex. A.) In October 2004, Plaintiff obtained a home equity line of cred...

Excerpt: ...), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel defendant with the nature, source and extent" of the plaintiff's claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099.) A complaint must be "liberally construed" and a demurrer "overruled if any cause of acton is stated by the plaintiff." (A...

Excerpt: ..., 1390.) "In 'public' or business property, liability has been allowed when there is something foreseeably dangerous about the nature of activity conducted on the property or the property itself which fixes SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 01/19/2024 on the landowner the duty to take some sort of precaution." (Eric J. v. Betty M. (1999) 76 Cal.App.4th 7...

Excerpt: ...a's motion is continued to that date to ascertain compliance. This is a lawsuit by plaintiff Nichols alleging defective home repair work. The contracts attached to the complaint are unclear as to whether the contracting entity was CalProHome or Bina personally, but it is uncontested that Bina was the principal of CalProHome. Bina, suing as "doing business as CalProHome", filed a small claims case against Nichols. ay order of SUPERIOR COURT OF CAL...

Excerpt: ...RNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/18/2024 5 All matters included in Atlantic Casualty's first set of requests for admissions (served on or about June 21, 2023) are deemed admitted. In its Order After Hearing, Atlantic Casualty should spell those matters out verbatim to avoid any ambiguity as to what is so deemed. Plaintiff is further ordered to serve complete responses, verifie...

Excerpt: ...general negligence; (2) medical malpractice; and (3) premises liability. For the following reasons, the motion for summary judgment is denied. The alternative moton for summary adjudication is granted in part and denied in part. It is granted as to the premises liability claim (count 3), but denied as to the medical malpractice claim (counts 1 and 2, treated as a single claim). Legal Standard Code of Civil Procedure S 437c(o)(1) and provide the r...

Excerpt: ... to exercise its discretion to reconsider the prior arbitration ruling at this point, for two reasons. First, while plaintiff has accurately described the state of the law, the legal issue must be regarded as unsettled in light of the pending Supreme Court review. And second, it is unclear that it would make practical sense to reverse only part of the prior ruling at this juncture, in light of the pendency and progress in the arbitration proceedi...

Excerpt: ...e administrator has mailed notices to 283 class members. After follow-up, no notices were non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plain...

Excerpt: ... solicited funds from him for purchase of Structured Assets. (ld. at 10.) According to Plaintiff, Defendant "represented to Plaintiff that Plaintiffs retirement funds would be loaned to individuals and in exchange the individuals would secure payment to Plaintiff from their monthly vested Federal Government Pension payments. Adao further advised Plaintiff that he could purchase options from a Performance Arbitrage company, Inc. SUPERIOR COURT OF ...