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2019.6.28 Motion to Consolidate 590
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.28
Excerpt: ... the subcontractors involved in these litigations can usefully be sorted into four categories, with different results as to whether they should or should not be included in a general reference and whether the subcontractors' complaints should or should not be consolidated into the main action. 1. Subcontractors Whose Work Is Potentially at Issue in the Thompson‐LTC Dispute The Court's prior indications rested to a large extent on its understand...
2019.6.28 Motion for Summary Adjudication 839
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.28
Excerpt: ...of California.” The Court accepts the stipulation. More than that, the Court salutes the parties for taking the initiative to present this issue, which (the Court infers) has stood as a roadblock to possible settlement. Accordingly, each side has filed a summary adjudication motion limited to this single issue. Unfortunately, however, the Court concludes that both motions must be denied. The applicability of § 3333.4 to this accident turns on ...
2019.6.28 Demurrer 630
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.28
Excerpt: ...ENT: 12 HEARING DATE: 06/28/19 ‐ 5 ‐ before July 26, 2019. If plaintiffs elect not to amend, the Sheehys' time to answer the remaining parts of the FAC will run from that date. The FAC's Allegations This case concerns defendants' alleged attempts to economically harm plaintiffs' equestrian facility in Blackhawk. Defendant Pestana worked as a professional equestrian trainer at another facility. Defendants Daniel and Marcia Sheehy leased and ra...
2019.6.28 Application for Right to Attach Order and Issuance of Writ 739
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.28
Excerpt: ...ing under that issue are essentially the same ones as those raised in the demurrer, and they do not stand thoroughly briefed at present – especially on the plaintiff side. As the Court will explain, it has some questions about plaintiff's case, but wants to hear more about plaintiff's counter‐ arguments. However, the Court does have some concern about the possibility that the corporate defendant's assets may be dispersed beyond retrieval betw...
2019.6.21 Motion to Disqualify Attorney 167
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.21
Excerpt: ...a neighboring property (the Wen parties, who have since settled out). The plaintiffs are Jeffrey and Shannon Jones, both acting as trustees of a family trust. Shannon Jones, who is an attorney, is acting as the attorney of record for both plaintiffs. The Wens filed a cross‐complaint against the Hiteses, former owners of the 5945 Bruce property (from whom the Joneses bought it). According to the Joneses, in the course of discovery they learned t...
2019.6.21 Demurrer 302
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.21
Excerpt: ...he case, however, is that plaintiff Nace was never either the owner of the property, or the debtor on the mortgage, or the person suffering foreclosure. That person was Laura Rogers. Plaintiff alleges that he is a tenant of Rogers on part of the property. (Defendants assert that they can disprove that allegation via judicial notice. The unlawful detainer CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/21/19 ‐ 6 ...
2019.6.14 Motion for Summary Adjudication 980
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.14
Excerpt: ...f action because it is mooted by the ruling on the first CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/14/19 ‐ 5 ‐ cause of action. If plaintiff is willing to dismiss the second cause of action, therefore, it will be in a position to submit an appropriate form of judgment (submitting it to defendant's counsel for approval as to form). RJN. Plaintiff's request for judicial notice is denied. The pleadings are ...
2019.6.14 Motion for Separate Trial of Issues 790
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.14
Excerpt: ...able trial. The Court's intention is to convene a bench trial to try all declaratory‐relief claims and equitable issues in the case, probably with post‐trial briefing to follow the presentation of evidence. This will include all issues as to the physical extent and non‐physical aspects (e.g., parking rights) of all real property involved in the case, including easements. This includes, among other things, whether the 2003 grant deed is vali...
2019.6.7 Motion to Strike or Tax Costs 639
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.7
Excerpt: ...nt; but an order on a motion (even a dispositive one) is not the “notice of entry of judgment or dismissal” referred to in CRC 3.1700(a)(1). The judgment was not filed until May 3, after the memorandum of costs. Some $1,500 of cross‐defendants' costs are the $500 filing fee for three nominally separate but substantially identical summary judgment motions, filed on behalf of three cross‐defendants. The Court commented at the time that thes...
2019.6.7 Motion for Summary Judgment 422
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.7
Excerpt: ...d, and it is also granted. Both cross‐complaints seek indemnity as to Plaintiffs' claims, and both indemnity claims rest entirely on the assumption (perhaps arguendo) that Safeguard may have tort liability directly to plaintiffs. However, as discussed further below, Safeguard owes no tort duty to third parties for injuries sustained on the subject property. This forecloses Safeguard's liability on the cross‐complaints too. Standard CONTRA COS...
2019.6.7 Motion for Summary Judgment 372
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.7
Excerpt: ...t calling for fixed interest payments, plus payments into an escrow account intended (the Court gathers) to ensure payment of property taxes and insurance. As plaintiff acknowledges, the amount of the required payments into escrow was subject to annual adjustment. Plaintiff, however, persisted in making payments in the same, unadjusted amount, ignoring the annual notices of increases in the required escrow payment amounts, and repeated warnings t...
2019.6.7 Demurrer 752
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.7
Excerpt: ...ct not to do so, ManorCare's answer to the remaining causes of action will be due two weeks after that date. Plaintiff Counsel's Failure to Meet and Confer In its ruling of March 8, 2019 (the time of the previous demurrer), the Court expressly criticized plaintiffs' counsel for failing to engage in the required meet‐and‐confer with defendant's counsel, and expressly warned that any repetition of that failure would result in consequences, incl...
2019.6.1 Demurrer, Motion to Strike 190
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.6.1
Excerpt: ...—“For punitive damages,” SAC 16: 4. Motion granted without leave to amend. Punitive damages are governed by Civil Code § 3294, which specifically requires the Plaintiff to plead and prove by clear and convincing evidence that a defendant has been CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/14/19 ‐ 7 ‐ guilty of oppression, fraud, or malice. “In order to survive a motion to strike an allegation of ...
2019.5.31 Motion to Consolidate 851
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.31
Excerpt: ...ed into any contract that obligates SBI to join a general reference. That means, plainly enough, that SBI cannot be obliged to do so. And second, it appears that SBI's legal involvement is simply its own collection effort. No one has asserted that SBI's materials are in any way at fault in any of the issues or problems CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 05/31/19 ‐ 13 ‐ claimed to exist with the LTC p...
2019.5.31 Motion for Order of Reference Set By Court 590
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.31
Excerpt: ...with Thompson is granted. The parties are to meet and confer as to selection of a referee, as well as to the terms of the general reference and the manner of sharing the referee's fees. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 05/31/19 ‐ 8 ‐ 3. LTC moves to sever its bilateral dispute with Thompson from the disputes between Thompson and its various subcontractors. That motion is denied without prejudice. A...
2019.5.31 Demurrer 885
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.31
Excerpt: ...re able to file a reply responding to the opposition. The Court will consider the late filed opposition, but if plaintiff files late papers in the future they may be stricken or disregarded. In a nutshell: The Court sustained defendants' demurrer to the original complaint, but granted leave to amend, commenting on what kinds of allegations would be necessary to avoid defeat at the pleadings stage. Plaintiff has now made those allegations. Defenda...
2019.5.24 Motion to Establish Prevailing Party 862
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.24
Excerpt: ...rust, however, it is hoped that the present pair of mirror‐image motions are the final scene of the final act of this drama. The Court entered judgment as between the Kosis and the Trust on May 1, 2019. By agreement among these parties (and with the express or tacit consent of the Bankruptcy Court), there remains only one issue to be decided: Who is the “prevailing party” in the Kosi/Trust portion of these cases, for purposes of awarding at...
2019.5.24 Motion for Reconsideration 322
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.24
Excerpt: ...change in the law. Even if the motion were jurisdictionally proper, it raises no valid grounds. Plaintiffs' principal argument is that while the Court held that fees must be disallowed because of the restrictions of Government Code § 25845(c), the motion is governed instead by subdivision (b) of that section. No such argument was made by their then‐lawyer on their original motion, and for good reason. Subdivision (b) allows an award to the Cou...
2019.5.24 Demurrer, Motion to Strike 182
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.24
Excerpt: ...tutions Code § 15657. Likewise, the Court's ruling on the demurrer as to Health & Safety Code § 1430(b) resolves the question of whether plaintiff properly states a claim for damages, attorney's fees, and injunctive relief thereunder. Treble damages are available where certain actions are taken against senior citizens. (Civ. Code § 3345.) Factors include whether the defendant knew the conduct was directed to a senior citizen, and whether a sen...
2019.5.17 OSC Re Preliminary Injunction 659
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.17
Excerpt: ...ed the TRO, and entered an order to show cause why a preliminary injunction should not be granted, calendared for April 12, 2019. The parties stipulated to continue the hearing date, presumably so that the bank could consider plaintiffs' then‐pending modification application. Plaintiffs' motion for a preliminary injunction is continued to June 21, 2019 at 9:00 a.m. The TRO remains in place. Either side may file and serve appropriate supplementa...
2019.5.17 Motion to Tax Costs 297
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.17
Excerpt: ...Hence, plaintiff suggests, the District should not be entitled to costs as though it had actually won the lawsuit. There are a number of overlapping flaws in the suggestion. First, the contention is not true to the statute. “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code of Civil Procedure § 1032(b).) A “prevailing party” includes...
2019.5.17 Demurrer, Motion to Strike 212
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.17
Excerpt: ...tigation reveal new facts supporting such a claim. Plaintiff seeks punitive damages in her negligence cause of action, in which she alleges that defendants negligently failed to account for approximately $ 75,000 in mortgage loan payments. (Complaint ¶ 44 and ¶ 50.) Plaintiff has not alleged an intentional tort cause of action, and plaintiff's negligent accounting theory does not support a claim for punitive damages. More specifically:  Plai...
2019.5.3 Motion to Consolidate 590
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.3
Excerpt: ...would be, if the Court were to conclude that Thompson is in a position to join the subcontractors in the general reference. (Counsel for the subcontractors are not required to appear at this hearing, if they do not wish to be heard. But anyone who does wish to be heard on the above topics, would do well to speak up now. If the Court orders a general reference on the basis of its conclusion that the subcontractors can be joined into a general refe...
2019.5.3 Motion for Summary Judgment, Adjudication 129
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.3
Excerpt: ... creating and overseeing maintenance of the dangerous condition, and the City of Richmond, for maintaining it. Both defendants move for summary CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 05/03/19 ‐ 2 ‐ judgment. The State contends that summary judgment must be granted because (1) plaintiff cannot prove the island constituted a dangerous condition of public property; (2) the State has design immunity; and (3)...
2019.5.3 Demurrer 219
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.5.3
Excerpt: ...of no consequence to this demurrer, as the map is readily available elsewhere in the file and there is no dispute about which map was adopted by the City Council and is now challenged. The Court, however, invites plaintiffs to file a “corrected first amended complaint” attaching the map (and otherwise making no changes). Plaintiffs' FAC challenges the district map drawn by the City Council for future City Council elections. The City demurs to...

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