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2020.01.10 Motion for Summary Judgment 490
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.10
Excerpt: ...ts of the motion, the moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed. Any doubt CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 01/10/20 ‐ 7 ‐ as to the granting of the motion must be resolved in favor of the opposing party. (Renna v. County of Fresno (2000) 78 Cal.App.4th 1, 5.) Factual Background Plaintiff Yaron was injured while playing golf ...
2020.01.10 Demurrer, Motion to Strike 512
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.01.10
Excerpt: ...trike. That is not correct. In its September 6, 2019 tentative ruling concerning those matters, the Court said: Today's rulings are not intended to foreclose plaintiffs from including additional or different causes of action against any defendant, such as breach of contract, in their second amended complaint; and on its own motion the Court grants leave to amend in that respect. (September 6, 2019 Tentative Ruling, Line 18.) The reply says that A...
2019.9.27 Petition to Compel Arbitration 530
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.27
Excerpt: ...arbitration,” within the meaning of the statute. Second, even if it were a consumer arbitration, the statute is obviously intended to protect the consumer, not the non‐consumer. Respondent asserts that in this dispute he is the “little guy”, which may or may not be true – but if it is, that's all the more reason why this isn't a “consumer arbitration” within the contemplation of the statute, which aims to protect “little guy” co...
2019.9.27 Motion for Leave to Conduct Discovery 417
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.27
Excerpt: ...itur. They disagreed, however, on whether the reversal and remand have the effect of reopening discovery in general, and expert designation and discovery in particular (the original discovery cutoff having previously passed before the dismissal). The Court invited the parties to brief the question. Defendants have accordingly filed what they label as a motion to reopen discovery. The label is not quite right, given that defendants' (correct) posi...
2019.9.27 Demurrer 344
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.27
Excerpt: ...r case. Goldstein, a Judge of this court, has made rulings in that misdemeanor case with which plaintiff disagrees. Plaintiff contends that Goldstein is disqualified by bias and is required to recuse himself. He further contends that Baskin, the Presiding Judge of this court, is under a duty to ensure that Goldstein complies with all laws, including by recusing himself. The theory of the sixth cause of action is that Goldstein, by refusing to rec...
2019.9.20 Motion for Summary Judgment, Adjudication 622
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.20
Excerpt: ...rove she suffered any damages, and damages are an essential element of each of these causes of action. The motion for summary adjudication as to the Third Cause of Action, for Defamation, is denied. Defendants have not met their initial burden to prove plaintiff did not suffer any reputational damage or persuaded the court on this motion that plaintiff is not entitled to recover presumed damages for reputational damage for defamation per se. (See...
2019.9.20 Motion for Issuance of Preliminary Injunction 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.20
Excerpt: ...ch plaintiff paid $650,000 to purchase promissory notes from Dunken, secured by the proceeds received by the Dunken firm from settlement or victory in the underlying class actions. In this suit, plaintiff complains that he has not been paid a penny on this investment. He seeks a preliminary injunction, the precise contours of which are not very well explained or defined in his motion. But apparently the general idea is to prevent payment or dispe...
2019.9.20 Motion for Summary Judgment 280
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.20
Excerpt: ...ed to file any opposition. The Court (Judge Allen) denied plaintiff's § 473 motion for relief. Earlier this year the court of appeal reversed that denial, holding that plaintiff should have been given a chance to oppose the motion. Chevron now renews its motion on its original papers, and plaintiff has filed her full opposition papers. Plaintiff's Legal Theory. Plaintiff brings two causes of action under the Fair Employment and Housing Act: reta...
2019.9.20 Demurrer 920
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.20
Excerpt: ...ken into account in denying or granting future leave to amend. The Court concurs in defendant's view that at least the misidentification of the proper defendant should have been resolved by discussion between counsel. Defendant demurs to the entire complaint on the ground that it erroneously names the Sheriff's Department as the defendant in the case, but the Sheriff's Department is not a separate entity capable of being sued. The Court agrees, a...
2019.9.20 Motion to Strike Punitive Damages 719
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.20
Excerpt: ...ic order after hearing specifying what is to be stricken from the original complaint, and their time to otherwise respond to the complaint will run from that date. In light of this ruling, the CMC now set for September 24 is continued to December 16. Meet and Confer After a previous continuance so that the parties could meet and confer as required by statute, Counsel for defendants has filed a declaration in support of the motion for punitive dam...
2019.9.20 Petition to Compel Binding Arbitration 530
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.20
Excerpt: ... amended complaint is therefore dismissed with prejudice. The case was originally filed as a petition to compel underinsured‐motorist arbitration under Vehicle Code § 11580.2. After some initial scheduling agreements, however, the parties agreed to the filing of a first amended complaint seeking a declaration that Rascon is an Insured Person, followed by an uninsured‐motorist arbitration. The Court understands the effect of this amendment as...
2019.9.13 Petition to Compel Arbitration 879
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.13
Excerpt: ...R COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 09/13/19 ‐ 2 ‐ The Arbitration Agreement This case was filed as a derivative shareholder's action and an action involuntary dissolution of a corporation. Plaintiffs, the minority shareholders in Defendant Wings For 2 Singhs, Inc., allege that defendants, the majority shareholders, violated their fiduciary duties and abused their majority power in order to control the corporate activiti...
2019.9.13 OSC Re Preliminary Injunction 880
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.13
Excerpt: ... the Parties' Basic Cases Brachium is a start‐up medical tech company, with three main founders – Shebab, Akeel, and Wong. For some time the company, acting mainly through Wong and an outside consultant (Niro), were negotiating with TronVest and the Chen family for outside funding. Brachium's complaint in this action (filed on direction of Shebab and Akeel) accuses Wong and Niro of mismanaging the negotiations with TronVest, giving away too m...
2019.9.13 Motion to Compel Arbitration, for Sanctions 230
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.13
Excerpt: ...on before this motion was filed. The motion is thus uncontested and is granted to that extent. Defendant further asks that this action be dismissed because the dispute will be fully resolved in arbitration. So it should be, and so the Court hopes. Nevertheless, it is standard practice to retain jurisdiction over arbitrable cases, whether they are filed as substantive lawsuits or as petitions to compel arbitration. Not only is there the possibilit...
2019.9.13 Motion for Preliminary Injunction 659
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.13
Excerpt: ...mes, but only on a narrow and specific ground: Plaintiffs had pending, or were about to file, a modification application or an appeal from denial of same. Civil Code § 2923.6 therefore called for putting off the sale until those could be acted on, either approved or denied. Defendant's papers show without contradiction that by now, plaintiffs' appeal has been rejected. That eliminates the statutory basis for the previously granted relief. (It al...
2019.9.6 Demurrer 512
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.6
Excerpt: ...from the FAC. As it must for purposes of ruling on both the demurrers and the motions to strike, the Court accepts as true all of the well‐pleaded factual allegations contained in the FAC. Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967. The Court is not, however, required to accept as true contentions, deductions, or legal conclusions. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. This case arises from problems plaintiffs encountered...
2019.9.6 Motion for Attorney's Fees 529
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.9.6
Excerpt: ...y is their private property, and the bicyclists have no right to use it. Plaintiffs' attack was two‐ fold. They asserted that defendant District had the power and responsibility to see to it that bicycle traffic is excluded. Plaintiffs failed at this part of their attack, which was defeated on the District's motion for judgment on the pleadings. Plaintiffs and the District have since agreed that each side would bear its own attorney fees and co...
2019.8.30 Motion to Strike Complaint-in-Intervention 159
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.30
Excerpt: ...llegations. This dispute has had a long and winding history, with several docket numbers and several layers of pleadings. For purposes of the present motion, however, those can be ignored. The issues on this motion are presented identically as if this were simply an original lawsuit filed by the Gannons against Coldwell Banker and the Argabright defendants. The Gannons bought a residence from the Argabrights, in which Coldwell Banker acted as the...
2019.8.30 Motion to Quash Service of Summons 880
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.30
Excerpt: ...the file and cannot be located by the clerk's office. The Court is working from a copy faxed by counsel (thanks for that), but it is neither file‐stamped nor complete, with all exhibits after Exh. A missing. Plaintiff is requested to provide a substitute copy of it, with exhibits, for filing so that the Court's file will be complete. The Parties and the Dispute Plaintiff Brachium is a health technology company headquartered in San Ramon. Defend...
2019.8.30 Motion for Terminating, Issue, or Evidentiary Sanctions 519
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.30
Excerpt: ...o allow for meaningful rulings. This is a case for breach of warranty and violation of the Song‐ Beverly Act, based on alleged unrepairable defects in a vehicle purchased as certified pre‐owned. Plaintiff purchased the car in 2013, and (according to his suit) he encountered a long train of significant problems with it. He demanded repurchase in February 2016, and filed this suit in March 2016. More than two years later, in July 2018, defendan...
2019.8.30 Motion for Summary Judgment 690
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.30
Excerpt: ... says “Disputed fact … Defendant is unable to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/30/19 ‐ 5 ‐ confirm or deny and reserves a right to submit evidence in dispute.” Of course, that is not remotely how summary judgment in California works. On this motion, Jang bears the burden of persuasion that there is no triable issue of material fact and that Jang is entitled to judgment as a matter of law. ...
2019.8.23 Motion for Summary Adjudication 472
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.23
Excerpt: ... But the basic reason for denial is the same for all five: There is no attempt to provide serious evidence of damages, let alone to show that the amount of damages is established to a summary‐judgment standard. In a nutshell, these are what may be called “liability‐only” summary adjudication motions. Such motions are flatly impermissible under California summary judgment procedures. Form of Plaintiffs' Papers A word is in order at the out...
2019.8.23 Application for Right to Attach Order 249
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.23
Excerpt: ...a difference in several respects. Most notably, the “partnership agreement” belatedly attached to the complaint, and alleged to embody the terms of the asserted oral contract, includes only plaintiff and defendant Jaca as contractual parties. Plaintiff is very vague as to how he has any contractual relationship at all with the other two defendants, Mountain Movers and Roquemore. And on a directly related note, the motion also does not specify...
2019.8.2 Motion to Strike Complaint, for Attorney Fees 539
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.2
Excerpt: ...icial Notice Baniqued seeks judicial notice of the complaint in this matter. The request is denied as superfluous. The complaint is contained in the Court's file and is before the Court in connection with the anti‐SLAPP motion. Anti‐SLAPP Motion Before reaching the merits of the anti‐SLAPP motion, the Court notes that Mancheno sought – and received – multiple extensions of time to oppose the anti‐SLAPP motion. The last extension, gran...
2019.8.2 Application for Right to Attach Order and to Issue Writ of Attachment 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.8.2
Excerpt: ...perty, presumably their residence. The applications are granted. Plaintiff issued public works payment bonds for a construction project undertaken by Northern Pacific. Northern Pacific and the Koeberers signed indemnification agreements agreeing to indemnify plaintiff against any liabilities on the bonds. The indemnification agreements included obligations to deposit sums to secure any such indemnification. Plaintiff has made demands for deposits...

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