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2020.02.28 Application for Right to Attach Order 740
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.28
Excerpt: ... less than $500; (3) either unsecured or secured by personal property, not real property (including fixtures); and (4) commercial in nature.” (Goldstein v. Barak Construction (2008) 164 Cal.App.4th 845, 852.) In issuing a writ of attachment, the court must make the following findings: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the cla...
2020.02.21 Demurrer 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.21
Excerpt: ...tion of Emotional Distress. Plaintiff shall file and serve the amended complaint on or before March 13, 2020. The Court sustains without leave as to the first three causes of action because plaintiff has voluntarily abandoned them. The Court has no occasion to analyze whether they would have survived demurrer otherwise. As to the two infliction torts, the existing complaint is unclear as to just what is intended to be adduced as the operative act...
2020.02.21 Motion to Disqualify Counsel 470
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.21
Excerpt: ...ies to business customers. The assets of KBA Docusys were acquired by Kyocera. The present plaintiff, KBA Document Solutions, is the corporation formed by Kyocera to acquire the assets and carry on the acquired business. Part of the compensation for that acquisition was allocated to goodwill. Kim and Costa, as minority shareholders, received substantial six‐ figure payouts from the purchase. They were also required to sign new employment contra...
2020.02.14 Motion to Vacate Dismissal 289
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...awsuits. The Court described their substance in granting consolidation: These three lawsuits present different plaintiffs and different forms of legal claims. Two of them are wrongful‐discharge claims asserted by terminated executives of Garaventa Enterprises. The third is a shareholder derivative action, challenging the action of Garaventa's management in (among other things) terminating those same two executives. Speaking in non‐legal terms...
2020.02.14 Motion for Summary Judgment, Adjudication 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...dic Specialists. The motion is granted. Defendants have successfully shifted the burden to plaintiff to demonstrate a triable issue of material fact, and plaintiff has failed to introduce admissible evidence of defendants' breach of the standard of care, a necessary showing for medical negligence, and on his intentional misrepresentation cause of action. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 02/14/20 ‐ 8 ...
2020.02.14 Demurrer 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...ill be dismissed as against the County. Facts Alleged by Plaintiff The facts alleged in the SAC are straightforward, though quite conclusory in some respects. Plaintiff O'Brien alleges that at approximately 11:57 p.m. on April 7, 2017, he was walking south on the western edge of Berry Drive in Pacheco north of the intersection of Berry Drive and Center Avenue. SAC ¶ 14. That portion of the western side of Berry Drive had “a curb, and an appare...
2020.02.14 Demurrer 662
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ... Court takes judicial notice only that the notice of default was recorded – not that the default it asserts is factually established as having occurred. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 02/14/20 ‐ 16 ‐ 1st C/A. The demurrer to the First Cause of Action for breach of contract is overruled. A plaintiff may allege performance in conclusory terms. (Code of Civil Procedure § 457.) Also, the Court may...
2020.02.14 Demurrer 290
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.14
Excerpt: ...ime to answer the remaining causes of action will run from that date. Defendants demur to causes of action (1) breach of fiduciary duty (demurrer by Pritchard), (2) fraud (demurrer by all), (7) breach of contract (demurrer by Martin and Pritchard), and (8) Business and Professions Code §17200 (demurrer by all) for failure to state a cause of action. The FAC is confused and contradictory as to the shareholdings of defendants in plaintiff. Kejet a...
2020.02.07 Motion for Summary Adjudication 482
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...; and 9 (misrepresentation). It is denied as to cause of action 8 (PAGA). Third Cause of Action – Retaliation for Harassment Report Plaintiff's third cause of action is for retaliatory firing in violation of Gov. Code § 12940. It is uncontested that on January 8, 2016, plaintiff reported to the District that her immediate supervisor, Hull, had subjected her to various forms of sexual harassment. On February 1, 2016, she was notified in an eval...
2020.02.07 Demurrer 392
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...ffs may file and serve a first amended complaint by February 28. If they elect not to do so, defendants' time to respond to the surviving portions of this complaint will run from that date. Points of Case Management First: Although the Court is holding that this action may be brought in addition to the case now pending in Department 33, it is obvious that this case should be transferred to that Department. Accordingly, on the Court's own motion t...
2020.02.07 Motion for Preliminary Injunction 050
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ... trust recorded against the Property on June 29, 2016. The Gees have a recorded deed of trust filed earlier than that. The scheduled foreclosure sale rests on a recorded subordination agreement, purporting to subordinate the Gees' 2014 security interest to Funding Solutions's 2016 security interest. The central point of this lawsuit is the Gees' contention that that subordination agreement is simply a fraud, signed and recorded without their know...
2020.02.07 Motion for Summary Adjudication 997
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...nt interference theory. (Undisputed or Disputed Material Fact Nos. 55, 56, 57, 58, 59, 61, 62, 63, 64, 76.) Further, Southport has not established it is entitled to judgment as a matter of law for the remedy it has requested as to either set of defendants. In this second of its two motions, Southport seeks an order that it is entitled to summary adjudication as to the First and Second Causes of Action of its FAC, which allege that Southport is en...
2020.02.07 OSC Re Preliminary Injunction 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...or to this motion, plaintiff filed two ex parte applications for appointment of a receiver and a temporary restraining order. The first ex parte application was denied, but plaintiff's counsel states that he received permission to re‐file the application. (Lapham Reply Decl. ¶¶ 4‐5.) The second ex parte application was also denied, but a hearing on the matter was scheduled with the ex‐ parte application used as the moving papers. Thus, th...
2020.02.07 Petition to Compel Arbitration and Request for Stay 550
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.02.07
Excerpt: ...se is set for Case Management Conference on September 7, 2020 at 8:30 a.m. The Merits.  Plaintiffs offer no legal authority supporting the proposition that the “boilerplate” nature of the subject fee agreement renders the agreement unenforceable. The Court notes that the subject matter of the representation was described as seeking damages “arising out of an accident/incident which resulted in personal injuries and/or death,” a descrip...
2020.01.31 Motion for Summary Judgment 860
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.31
Excerpt: ...timony establishes that the standard of care was met with respect to the care and treatment provided by the County healthcare providers, and that no act or omission caused plaintiff's condition. For the following reasons, the Court grants defendants' motion for summary judgment. Defendants shall prepare a judgment separate from the Order After Hearing hereon. Factual Background Plaintiff was diagnosed with gout in 2015 at Kaiser and treated with ...
2020.01.31 Motion for Summary Judgment 239
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.31
Excerpt: ...he First Cause of Action, for Breach of Fiduciary Duty, remains, the court cannot grant summary judgment on that Cross‐Complaint. On August 10, 2015, Dhaliwal filed a Cross‐Complaint alleging three causes of action: CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/31/20 ‐ 2 ‐ (1) Breach of Covenant of Good Faith and Fair Dealing; (2) Defamation; and (3) Violation of Business and Professions Code § 17200. O...
2020.01.31 Motion for Summary Judgment 220
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.31
Excerpt: ...ion papers. Background Plaintiff is a lessor of chassis used by trucking companies to facilitate the hauling of cargo. When goods arrive at the Port of Oakland, the product is moved from the shipping container to waiting trucks by use of a chassis. (Linares Declaration, 2:2‐3.) Defendant, Linares Transport, Inc., is a transport company and customer of plaintiff. Plaintiff claims it is entitled to summary judgment against defendants, Carlos Lina...
2020.01.31 Motion for Preliminary Injunction 470
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.31
Excerpt: ...ess customers. KBA Docusys was acquired by Kyocera; the present plaintiff is the successor to that business. Part of the compensation for that acquisition was allocated to goodwill. Kim and Costa, as minority shareholders, received substantial six‐figure payouts from the purchase. They were also required to sign new employment contracts with the successor company. The new contracts included several restrictive terms now at issue:  A prohibit...
2020.01.31 Motion for Judgment on the Pleadings 912
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.31
Excerpt: ...gs. It is not moot as to them, and the Court now rules on them. (Defendants forwent filing any timely opposition to the motion, and at the January 17 hearing the Court declined to allow them to file any opposition belatedly.) The motion is granted in part. Judgment on the pleadings is granted in plaintiff's favor on plaintiff's 12th cause of action, for disgorgement (including rejection of any affirmative defenses to that cause of action). As pla...
2020.01.24 OSC Re Preliminary Injunction 619
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.24
Excerpt: ...concerns only the property rights of the landlord and the tenant under the relevant lease. The basic issue is who – the landlord property owner or the tenant licensed facility operator – is responsible for emptying the premises at the end of the lease. Because the Court concludes that Brookdale has no reasonable probability of proving this is the responsibility of the defendant landlord, and because the hardships of which it complains are ent...
2020.01.24 Motion to be Relieved from Deemed Admissions, for Summary Judgment, Adjudication, Demurrer 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.24
Excerpt: ...rlooked because of frankly careless handling of documents by her staff. But what her motion does not account for is her receipt of a number of other pertinent documents, notably plaintiff's motion to deem matters admitted, with the RFAs attached thereto (to which Finley made no opposition), and the Order After Hearing deeming matters admitted after the motion was granted. Nor does Finley offer any explanation of her delay in seeking this relief. ...
2020.01.24 Motion for Summary Judgment, Adjudication 519
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.24
Excerpt: ...inal judgment on the merits. Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them. Collateral estoppel, or issue preclusion, ‘precludes relitigation of issues argued and decided in prior proceedings.” (Johnson v. GlaxoSmithKline, Inc. (2008) 166 Cal.App.4th 1497, 1507.) BMW's evidence shows that there was a class action filed in New Jerse...
2020.01.24 Motion for Reconsideration, Demurrer 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.24
Excerpt: ... is set to coincide with the time set in Line 16 for answer or response by Newsom/Presidium. These two defendants are Texas law firms. Along with two individual defendants, they moved to dismiss on the strength of contractual mandatory forum selection clauses, requiring that any litigation arising from the contracts must occur in Texas. The motion came for hearing on October 4, 2019. The Court denied the motion as to the individuals, because they...
2020.01.24 Motion for Protective Order 052
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.24
Excerpt: ... requested, most notably of contact information for potential class members, on the basis that plaintiff has not established a basis for contending that there may be a viable class certification. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/24/20 ‐ 13 ‐ Defendants' position is, to say the least, not one favored by California case law. Indeed, defendants have cited no recent California decision in a wage‐a...
2020.01.24 Motion for Judgment on the Pleadings 169
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.24
Excerpt: ...dia Intervenors' claims. The motion is denied. “Media Intervenors” is a shorthand reference to intervenors First Amendment Coalition, California Newspapers Partnership (d/b/a Bay Area News Group), KQED Inc., Investigative Studios, Inc., and The Center for Investigative Reporting. The City's MJOP focuses entirely on a narrow procedural argument about how the Media Intervenors come to be asserting their present claims under this docket number, ...

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