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2019.1.18 Motion for Preliminary Injunction 530
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.18
Excerpt: ...ere, and he has not carried it. Accordingly, the motion is denied. Plaintiff's complaint is unverified, but he has also filed his own declaration under oath. Plaintiff is apparently under the impression that his vehicle was towed (and is subject to sale) because of a purported lien by a lender – in other words, that his car was repossessed. He goes to some lengths to show that in fact there is no lender lien on his vehicle. But that is a good w...
2019.1.18 Demurrer 389
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.18
Excerpt: ...its principal, defendant Christopher Music), under which plaintiff would scout for suitable properties available for Proud Start. When she found one, plaintiff would then arrange a sale, being paid a commission by the seller. And then, at some later point, plaintiff would act as the broker in reselling the property for Proud Start. The obvious catch in this set‐up, at least as to the first contemplated transaction (Proud Start's purchase), is t...
2019.1.11 Motion to Tax or Strike Memorandum of Costs on Appeal 972
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.11
Excerpt: ...nds asserted in the MJOP. Plaintiff, as the prevailing party on the appeal, filed a memorandum of costs. Defendant now moves to strike it. The motion is granted in part. (See also below for more comments and directions concerning case management.) Defendant points out that the memorandum of costs was untimely filed, not having been filed within 40 days of the Court of Appeal's remittitur as required by CRC 8.278(c). Witkin sets out the settled la...
2019.1.11 Motion to Compel Compliance with Demand 540
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.11
Excerpt: ...easonably pertinent to forming an opinion on the medical issues presented in the case, such as pertinent medical history and the mechanics of how plaintiff was struck during the accident. The Court regards plaintiff's objections on these points as baseless and asserted in bad faith. Plaintiff's substantive defense as to the related‐questions issues is half‐hearted, summarizable as “there's no authority directly on point so therefore it must...
2019.1.11 Motion for Cost of Proof Sanctions and Post-Offer Costs 829
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.11
Excerpt: ...ction 2033.420 allows for recovery of the costs and fees incurred in having to prove a fact that was denied in response to RFAs, though subject to some important exceptions – most importantly, when there was “reasonable ground to believe that that party would prevail on that matter”. PSIC complains that plaintiff refused to admit that a copy of the policy was mailed to him (RFA 5), pointing out that plaintiff did not dispute that fact in op...
2019.1.11 Demurrer 885
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.11
Excerpt: ...1) professional negligence, (2) negligent supervision, (3) negligent misrepresentation, (4) breach of written contract, and (5) breach of oral contract. Planned Parenthood is a defendant in all causes of action, while Weinstein is defendant in causes of action one and three. Defendants have demurred to each plaintiff's claims for the failure to state a cause of action based on the statute of limitations being expired. (Plaintiff does not contest ...
2019.1.11 Demurrer 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2019.1.11
Excerpt: ...they filed the present lawsuit, alleging that defendant had not timely processed or acted on their modification request in various ways. Defendant demurred to the original complaint in this case. Plaintiffs' counsel refused to engage in the required meet‐and‐confer, and filed no opposition to the demurrer. The demurrer was sustained with leave to amend. The ruling addressed a variety of individual problems with individual causes of action. Ov...
2018.9.28 Motion to Dismiss or Transfer Venue 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.28
Excerpt: ...ring that any action on the contract must be brought in Illinois. The Court gave defendant time to file a motion to dismiss on the basis of that clause. This is that motion, and it is granted. The case is dismissed. The Agreement between the parties – “Rapid Standard Terms and Conditions of Sale” (attached to the Complaint) – contains a “Choice of Law” provision. It states, “The parties expressly agree that the terms, execution, and...
2018.9.28 Demurrer 132
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.28
Excerpt: ...mplaint only in response to defendant's motion to dismiss for lack of an operative complaint. The Court allowed the amendment, but in May 2018 it again sustained a demurrer to the entire FAC. The tentative was to deny leave to amend. At hearing plaintiffs persuaded the Court to allow one more amendment as to at least part of the complaint. The record (and the Court's recollection) do not disclose what parameters the Court set for amendment (other...
2018.9.28 Demurrer 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.28
Excerpt: ...n failing to satisfy the requirement of meeting and conferring as required by Code of Civil Procedure § 430.41. The statute requires that the meet‐and‐confer must occur “in person or by telephone”. Here, there was only a single exchange of letters – a medium less likely to involve any real discussion or give‐and‐take. Indeed, the motion to strike (Line 8) well illustrates the point, with PLSCS expressly agreeing to part of the moti...
2018.9.28 Demurrer 552
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.28
Excerpt: ...attorney did not tell plaintiff why he thought the SAC was incorrectly alleged. Plaintiff asks that this Court drop the demurrer from calendar. The Court denies this request. The Court finds that the meet and confer process here was sufficient, as plaintiff has been informed about the problems with his complaint from the previous challenges to the pleadings and the Court's rulings on those challenges. Indeed, as will be seen, this ruling is but a...
2018.9.28 Special Motion to Strike (Anti-SLAPP) 709
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.28
Excerpt: ...on are asserted for intentional fraud, negligent misrepresentation, fraudulent concealment, financial elder abuse, and (as against Deak) professional negligence. What they all have in common, however, is that they are all squarely based on only a single allegedly wrongful act, namely cross‐defendants' submission to the Kensington Municipal Advisory Council and the Contra Costa County Planning Commission of a land survey performed by Deak, and a...
2018.9.21 Motion to Compel Arbitration and Sever and Stay Claims 920
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.21
Excerpt: ...). However, that arbitration is stayed pending litigation of the remainder of this case, at least for now. Plaintiffs purchased a residence in Orinda. They allege that shortly after the purchase, they discovered that considerable water was draining onto their property from (among other alleged sources) two neighboring properties owned by defendants the Govedniks and the Hassards. The latter owners have asserted that they have a drainage easement ...
2018.9.21 Motion for Summary Judgment 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.21
Excerpt: .... 32, 33, 54, 55, 61, 62; Plaintiff's Additional Fact Nos. 4‐7, 13; Comstock Decl. at 8:16‐20; Fullerton Decl., ¶ 21, 24, 31.) The court discussed the facts of this case at length in its ruling on August 3, 2018, denying Dr. Jacobs's motion for summary judgment. It will not repeat that extended discussion here. Suffice it to say that plaintiff has submitted admissible evidence from his expert, Dr. Fullerton, that Dr. Miranda breached the sta...
2018.9.21 Demurrer 860
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.21
Excerpt: ..., without leave to amend. The court sustains RHA's demurrer to the Fourth and Fifth Causes of Action, with leave to amend. Plaintiff shall file and serve any amended complaint on or before October 12, 2018. If plaintiff elects not to amend, defendants shall file and serve their Answer on or before October 26, 2018. The Court notes at the outset that plaintiff questions whether there has been adequate meetand‐confer. Plaintiff counsel says there...
2018.9.14 Motion for Summary Judgment 996
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.14
Excerpt: ...n in its role as a “consultant” performing preconstruction services. Taber's additional proffered grounds for summary judgment, however, are unmeritorious. Background Education Code § 17406 authorizes an alternative to the typical design‐build approach for school facilities under which the school district and a contractor instead enter into a “lease/leaseback” arrangement. The district leases the real property to a contractor for a min...
2018.9.14 Demurrer 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.14
Excerpt: ...the Order After Hearing hereon. If he elects not to do so, then defendants' answer to the existing complaint will be due 30 days after the passage of that deadline. This is a medical malpractice action. The complaint alleges that defendants performed a hip replacement on plaintiff. When plaintiff experienced various adverse developments afterward, defendants kept telling him that there was nothing wrong with the hip replacement, and the cause of ...
2018.9.7 Demurrer 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.7
Excerpt: ...ve counsel at the time. In the event that plaintiffs obtain a new attorney for this case in the interim, however, defendant is encouraged to agree to a reasonable extension of that deadline to allow new counsel to consider his or her options. Absent stipulation, plaintiffs' new counsel may request an extension ex parte.) The Court notes at the outset that plaintiff's present counsel apparently refused all invitations to engage in the meet‐and�...
2018.9.7 Demurrer 452
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.7
Excerpt: ...t's answer or other response will be due in ordinary course. (Other defendants who have answered the Second Amended Complaint may, but need not, separately answer the Third.) If plaintiffs do not file an amendment by the deadline, they will be deemed to have abandoned the premises‐ liability count, and B&C Transit must file its answer within 14 days after the due date for the amendment. Negligence Plaintiffs allege that B&C Transit designed a t...
2018.9.7 Motion to Set Aside Invalid Judgment 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.9.7
Excerpt: ...ees. It grants the Employers' motion to vacate the judgments, because those judgments were improvidently entered in violation of the stay created by Code of Civil Procedure § 916(a). Background of this Motion The Labor Commissioner held hearings to decide a dispute over unpaid wages between the petitioners in this consolidated case (Employers) and the respondents in this case (Employees). The result of the hearings was the issuance of twelve Ord...
2018.8.31 Motion to Quash 482
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ...rds from the investigating police agency. Davis filed a motion to quash the subpoena, on insubstantial asserted grounds. The motion was denied. The district has now noticed the deposition of the investigating detective, along with a request for production of more or less the same set of records. As before, neither the police department, nor the deponent, nor the DA has raised any objections. But as before, Davis moves to quash. As before, the mot...
2018.8.31 Motion to Compel Responses 440
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ...otions to compel. This case concerns plaintiff's allegations (to oversimplify a little) that defendants, former employees, breached their duties to plaintiff and departed, taking trade secrets with them. Plaintiff has admittedly faced a difficult and frustrating situation resulting from the merry‐ goround of counsel on the defense side, which has resulted in unresponsiveness and delays in resolving otherwise routine litigation matters. Neverthe...
2018.8.31 Motion for Summary Judgment 382
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ...ows the court, in its discretion, to grant summary judgment if the opposing party fails to file a proper separate statement, this provision does not authorize doing so without first determining that the moving party has met its initial burden of proof.” (Thatcher v. Lucky Stores, Inc. (2000) 79 Cal.App.4th 1081, 1086.) Here, John Muir has met its burden of showing that plaintiffs are unable to establish the required element of causation. John M...
2018.8.31 Motion for Monetary Sanctions 372
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ... 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 that she was underpaying. She alleges that instead she was paying the taxes and interest directly, so that w...
2018.8.31 Motion for Judgment on the Pleadings 300
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ...t can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) Defendants assert three separate grounds for the motion. The Court is convinced by the first argument, that the case is moot. It is therefore both unnecessary and inappropriate to address the merits‐based arguments. Background Facts According to the complaint, plaintiffs are owners of separate parcels of property in the area known as Freethy Indust...

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