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2019.12.13 Motion to Strike Punitive and Exemplary Damages 520
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.13
Excerpt: .... Ford Motor Co., 119 Cal.App.3d 757, 826‐828, overruled on other grounds in Kim v. Toyota Motor Corp. (2018) 6 Cal.5th 21, 37 n.6.) A limited statutory exception is set forth in Civil Code § 3294(d), as follows: “Damages may be recovered pursuant to this section in an action pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure based upon a death which resulted from a homicide for which t...
2019.12.13 Motion to Compel Further Responses 159
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.13
Excerpt: ...a previous lawsuit on the same subject matter. In that case the Court ordered the Gannons to provide specified discovery, concluding that they had waived objections by failing to respond timely. The Court commented: The Court was informed at a CMC earlier this week that plaintiffs served responses late last week, including some objections. If the scope or merit of the objections were at issue, that would require a new discovery motion; indeed, it...
2019.12.13 Demurrer 662
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.13
Excerpt: ...n, which the Court denied. (The Court has received no Order After Hearing thereon, however.) That result is not necessarily dispositive of this demurrer, however, because the denial rested in part on matters shown in the evidence on the motion, but not pleaded in the complaint – notably the point that plaintiff was in arrears in her payments even before the 2010 transfer of the HELOC (and cessation of sending monthly notices). The Court rejects...
2019.12.13 Motion to Strike Demand for Attorneys' Fees 159
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.12.13
Excerpt: ...gument lacks merit. The Court interprets § 435.5 as applying only when a given party brings two successive motions to strike. RJNs. Argabright's request for judicial notice of documents filed in other actions is granted. The Gannons' request for judicial notice of Argabright's answer in this action is denied as superfluous; the pleadings in this action are before the Court as a matter of course. However, the Court appreciates the courtesy of pro...
2019.11.22 Demurrer 462
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.22
Excerpt: ...ise overruled. Plaintiffs may file and serve a second amended complaint by December 20, amending as to the common count and/or as to any claim based on the $43,000 loan. If they elect not to do so, defendants' time to answer the remaining portions of the FAC will run from that date. This is a family dispute over a common residence. Plaintiffs are the parents of defendant Cleo Madriaga; Ryan is Cleo's husband. Plaintiffs purchased a large house in...
2019.11.22 Motion for Summary Judgment, Adjudication 299
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.22
Excerpt: ...ht on the questions previously posed. The Court may not have been as clear as it intended in one respect, however: It was inviting the parties to identify and elaborate on evidence already filed, arguments already made, and undisputed/disputed facts already cited, in the original motion papers. It did not intend to invite either side to expand its arguments and factual assertions to include new matter – only to better explain what had already b...
2019.11.22 Demurrer, Motion to Strike 160
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.22
Excerpt: ... third parties and others that Jane Doe is a slut, meaning unchaste. These facts are sufficient to support a claim for punitive damages against defendant Russell for her personal actions even in the absence of her being responsible for the actions of defendant Cesar Gracie. The court rules as follows regarding the demurrers of defendant Russell: 12. TIME: 9:00 CASE#: MSC19‐01160 CASE NAME: DOE VS. GRACIE HEARING ON DEMURRER TO COMPLAINT FILED B...
2019.11.22 Demurrer, Motion to Reclassify 489
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.22
Excerpt: ...that defendant realtors were (perhaps) colluding with a third‐party buyer, Crowder, to arrange to profit at their client's expense by putting the property into foreclosure, buying it out, and selling it at a substantial profit. But that theory is found in the present complaint only between the lines, with insufficient allegations as to (for example) whether Crowder would have been willing to buy the property before foreclosure, and what was or ...
2019.11.15 Demurrer 392
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.15
Excerpt: ...answer to the complaint. (In its previous ruling the Court said it couldn't find one in the file, but the electronic docket shows it was filed and it has since been placed in the Court's file.) A defendant who has already answered is not then allowed to demur. This is admittedly only a matter of labeling. An MJOP serves essentially the same purpose as a demurrer, namely to test the legal sufficiency of the complaint's allegations; and it may be f...
2019.11.15 Demurrer 559
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.15
Excerpt: ...siness premises at 3100 Delta Fair Boulevard, Antioch. TRC is a commercial tenant of Landlords at those premises, operating a dialysis center there. This case originated with a trip and fall accident in the parking area of the premises. Plaintiff Sandra Roman, having received treatment at TRC, was being escorted from the TRC facility by a paratransit driver from Acclaim Mobility, LLC to a waiting vehicle. The Acclaim driver stopped to chat with a...
2019.11.15 Demurrer 717
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.15
Excerpt: ...T MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 11/15/19 ‐ 11 ‐ This is a personal injury case arising out of an automobile accident. Plaintiff alleges that he was struck by a vehicle being operated by Defendant Jarrard while walking. Complaint at ¶ 14. He alleges that the subject sidewalk area where he was struck was owned and controlled by Defendant County. Id. at ¶¶ 15, 16. The Complaint alleges causes of action for (1) negligence, ...
2019.11.15 Motion to Strike 539
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.15
Excerpt: ...nts had business relationships in the Real Estate and Mortgage Industry, and worked with one another in the construction, rehabilitation, and sales of properties in the Greater Bay Area. Mancheno and Defendant Brian Baniqued were partners and co‐owners of real estate franchise entitled Century 21 Pinnacle. Plaintiff alleged in the original complaint that defendants conspired to provide falsified/ forged/manipulated documents and false testimony...
2019.11.8 Demurrer 570
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.8
Excerpt: ...ckground Plaintiff has second or third mortgage interests in multiple properties owned by defendant real estate developer Kevin Hampton. (Complaint, 8:16‐17.) In 2004, plaintiff became inspired by Hampton, and therefore began investing with him, due to Hampton's strong vision to redevelop properties in Richmond and surrounding areas in a booming real estate market. (Complaint, 2:18‐23.) Plaintiff successfully received repayments from Hampton ...
2019.11.8 Motion for Preliminary Injunction 662
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.8
Excerpt: ...but not in the body of the Complaint), (4) negligence, and (5) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.). Plaintiff's present motion, however, does not invoke either of the latter two causes of action as support for a preliminary injunction, and their substantive content is essentially derivative of the claims plaintiff makes for breach of contract and § 2937. Legal Standard The ruling on an application for prel...
2019.11.8 Motion to Expunge Lis Pendens 596
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.8
Excerpt: ...to partition real property. Plaintiffs, the Nelsons, were the two‐thirds owners of the property; defendant Riley was the one‐third owner. In October 2018 the Court (Judge Fenstermacher) entered an order granting plaintiffs' motion to partition the property by private sale. The order determined the parties' shares in the property, and directed that a referee would be appointed to conduct the sale. The referee was appointed by subsequent order....
2019.11.8 Motion to Expunge Lis Pendens 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.8
Excerpt: ...red per CRC 3.1110(f) and Local Rule 3.42. In the future, all filings must be properly tabbed. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 11/08/19 ‐ 11 ‐ Standing Schmier asserts that he is a holder of deeds of trust on 728 Laurel Drive and 3269 Judith Lane. (Schmier RJN 3‐6.) Code of Civil Procedure § 405.30 allows a “nonparty with an interest in the real property affected” by a lis pendens to “app...
2019.11.1 Motion for Protective Order 219
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.1
Excerpt: ... evidence, if any, they envision being presented at the eventual trial of this case. Certainly if there were allegations along the lines of intentional racial discrimination or the like, it would be hard to see how the City could bar discovery into the potentially discriminatory motives or actions of the people involved. As the City points out, however, no claim of that kind is pleaded. So what evidence, if any, does the City itself plan to proff...
2019.11.1 Demurrer 552
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.11.1
Excerpt: ...to dismissal as against this defendant. The complaint, filed in pro per, is quite cursory, alleging in highly conclusory terms that the two defendants are engaged in debt collection and have committed various violations of the Federal Debt Collection Practices Act and California Debt Collection Practices Act. (Actually, the complaint is studiously informative as to whether there are two defendants, or just one operating under two names – a poin...
2019.10.25 Motion to Require Posting of Undertaking 059
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.25
Excerpt: ...e defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grou...
2019.10.25 Motion to Quash Deposition Subpoenas, for Judgment on the Pleadings 912
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.25
Excerpt: ... objections on behalf of Centrox and Viera, even when those objections were made – and even less so now that Black Diamond has itself agreed to produce the same range of documents.) The Court agrees with the recommendation of the Discovery Facilitator that there is potential discoverable relevance to the documents at issue. A key factual issue in the case will be whether Black Diamond was aware, at the time of this project, that its subcontract...
2019.10.4 Motion to Dismiss Proceedings for Forum Non-Conveniens 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.4
Excerpt: ...efendants (Bert Dunken and Jason Weeks). “California favors contractual forum selection clauses so long as they are entered into freely and voluntarily, and their enforcement would not be unreasonable.” (Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141, 146 (citation omitted).) The party opposing “bears the ‘substantial' burden of proving why it should not be enforced.” (Id. at 147.) The law governing this motion is concisely an...
2019.10.4 Motion to Compel Arbitration and Stay Proceedings 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.4
Excerpt: ... weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach a final determination. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute. “This determination involves two considerations: (1) whether there is a valid agreement...
2019.10.4 Motion for Summary Judgment, Adjudication 439
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.4
Excerpt: ...laintiff to place her foot on the most appropriate piece of equipment for the exercise, namely an exercise block or step. Instead (plaintiff's evidence contends), Agredano had plaintiff rest her foot on the outer surface of a treadmill, an inappropriate surface for a number of reasons. (Defendants do not concede that this was negligent, but their present motion effectively assumes that a jury could so find.) Plaintiff slipped and injured herself....
2019.10.4 Motion for Summary Judgment, Adjudication 080
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.4
Excerpt: ...prises. Blake is alleging that Jesse promised that Blake would inherit family business, but Jesse has changed his mind. Blake claims there is an enforceable contract, and Jesse disagrees. In addition, Blake is also suing because Blake's employment at the car wash was terminated. Contract Claims (C/A 1, 2, 8, 9, 10, 11, 12 and 13) Defendants seek to dispose of the following contract claims: (1) Breach of Contract, (2) Breach of Implied Covenant of...
2019.10.4 Demurrer 370
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.10.4
Excerpt: ...ous analysis need not be repeated. In particular, there still remains (1) no basis for asserting that USS‐Posco had any special relationship with plaintiff, such that it could be liable for mere nonfeasance; and (2) no basis for blaming USS‐Posco, as opposed to defendant Belcher, for having started the fire. What is new this time around is a slight shift in the focus of plaintiff's theory of liability, as expressed in its opposition brief. Pl...

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