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2019.12.6 Demurrer 339
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ... the tentative to seek leave to amend, he should come to the hearing prepared to explain how he proposes to amend as against the Police Defendants and why it will be sufficient. The FAC arises from two incidents occurring on August 7, 2018. Only the second incident, however, has to do with the Police Defendants. Plaintiff alleges that defendant Torchia, a Tri Delta bus driver, “called the Brentwood Police and falsely reported that [plaintiff] w...
2019.12.6 Demurrer 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...heir answers by January 3, 2020. Defendants Stroud Development and Alexander Stroud filed nearly identical demurrers to the FAC and filed a joint reply. The Court's ruling below applies equally to the two demurrers. Meet and confer process Plaintiff argues that the meet and confer process was insufficient because Alexander Stroud (acting as a self‐represented party) did not call Plaintiff's attorney, but only sent an email. Plaintiff is correct...
2019.12.6 Demurrer, Motion to Strike 329
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...as to the parallel demurrer of the Mt. Diablo USD. Any amended complaint shall be filed and served on or before January 10, 2019. If plaintiff elects not to amend, defendants' time to answer the remaining parts of the case will run from then. If plaintiff contests the tentative to seek leave to amend claims as to which leave is denied, she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed am...
2019.12.6 Motion to Compel Arbitration and Stay Proceedings 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...tore located at 1340 North Main Street. Defendant Jennifer Meza was the store manager and plaintiff's supervisor. Defendant Nick Botsford was Plaintiff's supervisor and district manager. Plaintiff alleges defendants were aware of his disabilities at all relevant times. Plaintiff alleges that at various times throughout his employment, Defendants denied reasonable accommodations. One of the accommodations requested by plaintiff's healthcare provid...
2019.12.6 Motion to Strike 590
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.6
Excerpt: ...ainst a long list of its subcontractors and suppliers to this action – some, the Court determined, with good reason; but others, including Villara, not so. The only dispute between Thompson and Villara themselves is Villara's claim to collect what it says is a substantial sum Thompson owes it. The Court, after lengthy inquiry, determined that that claim has no factual connection to the Thompson‐LTC dispute, except that LTC is withholding the ...
2019.2.22 Motion for Stay of Action or Stay of Discovery 469
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ... a formal stay of the case because of Fifth Amendment concerns. They note that Mr. Martin has been charged with a felony arising from the same alleged facts. They further note that while Ms. Martin has not been charged, the complaint accuses her of potentially criminal acts, with which she could still be charged. This kind of problem is usually handled at Case Management Conferences rather than by formal motion. Plaintiffs have not opposed the mo...
2019.2.22 Motion for Preliminary Injunction 592
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ... filings. (See CRC 3.1110(f).) The numerous exhibits to the Complaint, the Ex Parte Application, and the Reply are all untabbed. This has caused the Court's staff considerable inconvenience.  RJN. Defendants' unopposed request for judicial notice of recorded documents is granted.  Reply. The Court has exercised its discretion to consider plaintiff's reply papers, despite their being filed one court day late. Plaintiff is directed to comply ...
2019.2.22 Motion for Protective Order and Return of Docs 289
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...ndant company (Garaventa Enterprises, or GE), but concerned about his position there. He asked GE's general counsel, Bonnifield, who told him that he was an at‐will employee. Colvis then met with attorneys from the Downey Brand firm, his present litigation counsel. At issue on this motion is the e‐mail traffic from that 2015 consultation, which occurred between Downey Brand attorneys and Colvis's work e‐mail address at GE. In 2018 GE and it...
2019.2.22 Demurrer, Motion to Strike 005
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...hs 6‐8, 13, 129, 150, 152, and 153, because they contain improper allegations against these individuals. That portion of the motion is denied, because these allegations remain proper to support claims against defendant on an agency theory. 3. TIME: 9:00 CASE#: MSC16‐01005 CASE NAME: BRENNON B. VS. WCCUSD HEARING ON DEMURRER TO 2nd Amended COMPLAINT FILED BY WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, et al. * TENTATIVE RULING: * Defendant scho...
2019.2.22 Motion for Summary Judgment 084
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...entify each cause of action or issue on which they seek summary adjudication as required by CRC 3.1350(d). The separate statement does not follow the format requirements set forth in CRC 3.1350(h). In addition, the separate statement does not cite to specific evidence following each fact. Instead, each fact is followed by citations to the entire declaration of Athan Magganas and the complaint. No specific paragraphs in the declaration or complain...
2019.2.22 Motion to Set Aside Dismissal 429
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.22
Excerpt: ...or June 1, and the order after hearing was filed on June 29. The Court noted then that plaintiffs and their then‐counsel, Mr. Boasberg, had entirely ceased participating in the case, including their failures to respond to discovery, to obey several orders compelling discovery responses, to pay court‐ ordered sanctions, and to oppose the terminating‐sanctions motion. It later transpired that Boasberg was suspended, and then disbarred. That w...
2019.2.15 OSC Re Preliminary Injunction 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.15
Excerpt: ... First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have been successfu...
2019.2.15 Motion to Strike or Tax Costs 282
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.15
Excerpt: ... ‐ recover all her post‐offer costs, and her reasonable expert witness costs incurred after the offer. The Court rejects plaintiff's assertion that the § 998 offer was not made in good faith. Plaintiff attempts no serious factual showing that the expert witness fees incurred were unreasonable. This was an expert‐intensive case. Plaintiff made a six‐figure § 998 offer of her own, and asked the jury to award a seven‐figure verdict. Plai...
2019.2.15 Demurrer 072
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.15
Excerpt: ...so named as a defendant. Several of the complaint's causes of action are asserted only against the employee defendants (Demeter, Milton, and Herrero), and those causes of action have not been demurred to. With one exception, the Court sustains the employee defendants' demurrers to all challenged causes of action, with leave to amend, for the same reasons stated on Guaranteed's demurrer (Line 6). The exception is the 11th cause of action, for “i...
2019.2.8 Demurrer 209
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...e § 338(a).) It requires the defendant to have “engaged in a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff.” (Civ. Code § 1708.7(a)(1).) To establish this element, the plaintiff “shall be required to support his or her allegations with independent corroborating evidence.” (Id.) Plaintiff pleads actions in 2016 and 2017 that, if proven, would support a stalking claim within...
2019.2.8 Motion to Strike 740
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ... ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least ‘minimal merit.' [Citations.]” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1061.) Background On August 29, 2018, Plaintiff Paul Hantke as trustee of the Alex W. Hantke Survivor's Trust (“Hantke”) filed a lawsuit against R...
2019.2.8 Motion for Determination of Good Faith Settlement 800
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ... they have seen in the settlement agreement has affected their Opposition. On or before March 1, 2019 the moving parties may file and serve a Supplemental Reply Brief responding to the Supplemental Opposition Brief. None of the supplemental briefs may exceed three pages. This case concerns an alleged failure to disclose problems affecting a house in Alamo that plaintiff purchased. Plaintiff filed suit on August 31, 2018, and a first amended compl...
2019.2.8 Motion for Summary Judgment, Adjudication 570
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...rty at issue. CDC sent an e‐mail giving notice of its intention to contest the tentative, raising several issues addressed in the briefs and the tentative. (That's not a criticism of CDC; that's what contesting a tentative is for.) At the actual hearing on January 18, however, CDC chose not to go into any of the points mentioned in its e‐mail. Instead, it raised an argument it concededly had not mentioned at all in CONTRA COSTA SUPERIOR COURT...
2019.2.8 Motion to Quash Service of Summons 209
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...tice are unopposed and granted. Defendant must file and serve an answer within 30 days. Plaintiff argues that personal jurisdiction exists for two reasons. First, defendant appeared at a case management conference and a restraining order hearing. (Code of Civil Procedure § 410.50(a) [general appearance is equivalent to personal service].) Second, defendant satisfies the “minimum contacts” required for California jurisdiction based on purpose...
2019.2.8 Motion to Strike 052
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...be brought to strike any “irrelevant, false, or improper matter inserted in any pleading”. (Code of Civil Procedure § 436.) When ruling on a motion to strike, a court applies the same rules as applicable to a demurrer: The court may consider only matters shown on the face of the complaint or of which it may take judicial notice. (Code of Civil Procedure § 437(a); see Circle Star Center Associates, L.P. v. Liberate Technologies (2007) 147 Ca...
2019.2.8 Petition to Compel Arbitration 610
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.8
Excerpt: ...s are directed to tab their exhibits in all future filings. (See CRC 3.1110(f).) Respondent's RJN. Respondent's request for judicial notice is granted. Res Judicata. The present petition is barred by res judicata. (See petitioners' Exhibit 2 [8‐1‐18 order denying arbitration in Case No. N18‐0674].) Prior orders denying arbitration must generally be given res judicata effect. (See Lounge‐A‐Round v. GCM Mills, Inc. (1980) 109 Cal.App.3d 1...
2019.2.1 OSC Re Preliminary Injunction 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ...vailing on the First Cause of Action for violations of Civil Code § 2923.6. The version of the statute in effect during 2018, when the alleged violations took place, did not prohibit dual tracking. Further, plaintiffs have failed to show a “material” HBOR violation because they have failed to offer evidence that they qualified for a loan modification, and that an appeal from the denial of their application for a loan modification would have ...
2019.2.1 Motion for Reconsideration 849
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ...he forum for the original evidentiary hearing, that would properly qualify as new and different facts under § 1008 only if there were a showing why this fact could CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING DATE: 02/01/19 ‐ 7 ‐ not have been adduced at the evidentiary hearing. But as it stands, the newly adduced fact is not properly before the Court at all, because it would not show what DMV would have ne...
2019.2.1 Motion for Preliminary Injunction 210
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ... negotiate toward a possible resolution. This time there has been no stipulation. Neither, however, has defendant filed any opposition to the motion for preliminary injunction. Repeated calls to the attorneys have given no better information. Plaintiffs' counsel has stated simply that the matter is going forward, and defendant's counsel has not responded to messages. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: DEPARTMENT HEARING ...
2019.2.1 Demurrer 860
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.2.1
Excerpt: ...ts have not filed an answer as to the other causes of action, they shall file and serve such answer on or before February 15, 2019. This case arises out of plaintiff's claim that defendants rented her uninhabitable premises at 1300 Roosevelt Ave., #420, Richmond, an apartment complex known as The Hacienda. General Rules Applicable to Claims against Public Entities California public entities are liable only as provided by statute. (Eastburn v. Reg...

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