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2018.8.31 Demurrer 989
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ...elects not to do so, defendants' answer to the present complaint will be due fourteen days after expiration of plaintiff's deadline to amend. RJN. Defendants' request for judicial notice is denied as either irrelevant (Exhs. “A” and “B”) or unnecessary (Exh. “C”). The Court does not need to take judicial notice of earlier‐filed documents in the same action, and it does not see the relevance of the federal action to this demurrer. Th...
2018.8.31 Demurrer 339
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.31
Excerpt: ...ourt's previous ruling. Indeed, Plaintiff's opposition focuses more on why she thinks the previous ruling was wrong, than on what is new and different in the SAC to cause the ruling to change. Plaintiff is suing Defendant based on the alleged failure of Defendant's employee, Nancy Pfeiffer Hazen, to advise Plaintiff that she should have had a higher amount of underinsured motorist coverage. Plaintiff's husband was killed in a bicycle‐vehicle co...
2018.8.24 Motion to Strike Punitive Damages 939
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ...§ 3294. Section 3294(c) provides, in pertinent part: (1) Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant and with a willful and conscious disregard for the rights and safety of others. (2) Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (3) Fraud means an inten...
2018.8.24 Demurrer 060
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ...dings and orders in federal district court case Curl v. CitiMortgage, Case No. 14‐cv‐01829. This request is opposed. The request is granted. Evid. Code §§ 452, 453. Analysis Both sides brief this demurrer much as if there had been no prior rulings on point. In fact, however, the Court's ruling on the demurrer to plaintiff's second amended complaint is quite sufficient to dispose of the present demurrer, because nothing material has changed....
2018.8.24 Demurrer 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ... is a personal injury case involving a vehicle collision. Plaintiff's complaint alleges that on March 17, 2016, plaintiff was a pedestrian when she was struck by a vehicle driven by defendant Jose Concepcion Solorio. (See Attachment to Complaint, at p. 2.) On June 26, 2017 plaintiff filed her form complaint for damages against the driver, Jose Solorio, and the vehicle's registered owner, Maria Solorio. The complaint also included Doe defendants 1...
2018.8.24 Demurrer 389
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ...s follows (block capitals omitted): Plaintiffs' decedent, Jovante Prothro, was shot and killed by Dewaun Rice. The City of Richmond, the Office of Neighborhood Safety and/or Devone Boggan knew or should have known that Dawaun Rice was a danger to the public at large at [sic] more particularly, plaintiffs' decedent. Defendants and each of them had information that should have been brought to the police department regarding the violent and criminal...
2018.8.24 Motion to Compel Responses 202
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ...rted responses to each such discovery request, including both substantive answers and various objections. None of those responses, however, was verified. The Hesses' motions raise two distinct sets of problems. First, they correctly note (as plaintiffs effectively concede) that all of these responses were required to be verified, and were not. Second, they argue that even if plaintiffs provide verifications before hearing on the motions, many of ...
2018.8.24 Motion to Strike Complaint 359
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ...ells's employer), on one hand, and Larios on the other; where relevant those distinctions will be addressed. Otherwise, the analysis applies equally to all defendants' motions. Relevant Allegations Plaintiff Joseph LaCome is an attorney licensed to practice law in Texas and currently practicing immigration law in California. (Comp. ¶7.) He works on immigration cases, including with some detained clients at the West County Detention Facility in R...
2018.8.24 Motion for Summary Judgment 952
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.24
Excerpt: ...aintiffs entered into a Residential Purchase Agreement with seller, Kenneth Pregler. Pregler owned the property from October 1, 2004 to October 2, 2014. Defendants Solano Pacific Corporation and Rob Nubla were the selling brokers on the property sale at issue in this case. There is no substantive distinction between the two for purposes of this motion, and they will be referred to as the Brokers. The McGuires' property adjoins the Brenkles' prope...
2018.8.3 Demurrer 722
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ...f action that go beyond what was alleged in the Plaintiffs' government tort claim. For the reasons set forth further below, the demurrer is sustained, without leave to amend. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420. A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe ...
2018.8.3 Motion for Judgment on the Pleadings 550
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ...d the Complaint does not state facts sufficient to support a claim for punitive damages. “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) Because defendant has already filed an Answer to the Complaint, a motion for judgmen...
2018.8.3 Motion for Sanctions 920
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ...in Iran – and centering more specifically on whether a certain legal document (a power of attorney, or POA) was or was not forged. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/03/18 ‐ 2 ‐ The parties are all sisters of each other, or their respective husbands. The plaintiffs are a wife and husband, residing in California – Shahrzad Bakhtiari (Shahrzad), and her husband Sia Bakhtiari. The defendants are ...
2018.8.3 Motion for Summary Judgment 159
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ...aintiff works for a third floor tenant at the Property. She alleges that on the morning of February 4, 2015, she was sexually assaulted and injured in the second floor women's restroom by a homeless man who had entered the unlocked building the night before and wandered around it naked, exhibiting signs of mental incapacitation and/or substance abuse. While the restrooms on the third floor were locked, those on the second and first floors were no...
2018.8.3 Motion for Summary Judgment 171
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ...Muir Orthopedics order it? If neither of them did, why was a Muir Orthopedics Medical Clearance Request Form sent to plaintiff's primary care physician and why did plaintiff see that physician for medical clearance on June 18, 2015? (Undisputed Material Fact (“UMF”) 4; Disputed Material Fact (“DMF”) 3, 5, 6; Plaintiff's Additional Fact (“PAF”) 4, 8; Ex. C to Billups‐Slone Decl., p. 112; Ex. I to Billups‐Slone Decl., Phillipy Depo....
2018.8.3 Motion to Set Aside Invalid Judgment 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ... cause why this Court should not reconsider and reverse the Court's decision of July 13, 2018, granting the motion of respondents in this case (Employees) for attorney fees pursuant to Labor Code § 98.2(c). See Le Francois v. Goel (2005) 35 Cal.4th 1094 (trial court may reconsider possibly erroneous ruling on its own motion). In response to Employers' present motion, Employees cite Palagin v. Paniagua Construction (2013) 222 Cal.App.4th 120. Nei...
2018.8.3 Petition to Confirm Arbitration 332
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.8.3
Excerpt: ... requests for fees, costs, and prejudgment interest. Petitioner's counsel, however, denies that any such offer was made. He provides an e‐mail he sent on June 19, evidencing a counter‐offer to respondents' offer. It is hardly likely that the parties would be negotiating any settlement amount in the face of an open offer to stipulate to confirmation of the full arbitration award. The Court (giving respondents' counsel the benefit of the doubt)...
2018.7.27 Petition for Writ of Adminstrative Mandate 949
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ... the violations of sexual misconduct and dating violence. As to the most serious charge of sexual assault, however, the Court finds no procedural or substantive error in the disciplinary proceedings or result, and hence the petition is denied as to that violation and the resulting expulsion. Because the Respondent in the disciplinary proceeding is the Petitioner in this Court, and the Complainant in the disciplinary proceeding is not a party at a...
2018.7.27 Motion to Strike 810
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ...ery, trespass, trespass, and infliction of emotional distress. Obviously those allegations cannot be taken literally as to UPS, which as a corporate entity is incapable of doing any of these things except through human agents. The Complaint does not expressly allege that the individual defendant (Defroscia) was an employee of UPS and acting in the course of his employment, though the Court assumes that that is what plaintiff has in mind (and UPS'...
2018.7.27 Motion to Quash Service of Summons 449
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ... Plaintiff is a California resident. Defendant resides in South Carolina. This case arises out of defendant Miao's operation of the Biang‐Wang.com website. In a nutshell, plaintiff contends that third parties have defamed plaintiff in materials posted on that website. He contends that defendant Miao has a contractual duty to delete such defamatory material from his website. Plaintiff asserts causes of action for breach of contract; tortious bre...
2018.7.6 Motion to Strike 765
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.6
Excerpt: ...'s file that any attempts at meet and confer were made. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/06/18 ‐ 5 ‐ Compounding its failure to meet and confer, it appears that when the Flandermeyers offered to stipulate to amend their complaint, Werner refused to so stipulate. Resolving a motion to strike punitive damages by way of a stipulated amendment is, of course, precisely the sort of resolution that the...
2018.7.6 Motion to Compel Responses 022 (2)
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.6
Excerpt: ... proposed order with a declaration confirming that no responses were served prior to the hearing. In the event that defendant has served responses prior to the hearing, no matters will be deemed admitted. The motion to compel responses to document requests is granted. Defendant Yunck must serve responses to plaintiff's first set of document requests (served on or about February 22, 2018), without objections, within 30 days following service of th...
2018.7.6 Motion to Compel Responses 022
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.6
Excerpt: ...lodge a proposed order with a declaration confirming that no responses were served prior to the hearing. In the event that defendant has served responses prior to the hearing, no matters will be deemed admitted. The motion to compel responses to document requests is granted. Defendant Ewing must serve responses to plaintiff's first set of document requests (served on or about February 22, 2018), without objections, within 30 days following servic...
2018.7.6 Motion for Summary Adjudication 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.6
Excerpt: ...procedural grounds, which the Court discusses in more detail below. That result, however, appears to be contrary to the preferences and expectations of both sides, each of which seems genuinely to desire the Court's rulings on the merits issues presented in both motions. These procedural problems are simply ignored in the moving and opposition papers. Neither side's motion pays any attention to the technical defects its own motion raises. Nor has...
2018.7.6 Motion for Judgment on the Pleadings 459
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.6
Excerpt: ...efendant's requests for admission. On defendant's motion, therefore, this Court granted defendant's motion to deem matters admitted. Those deemed admissions are conclusively fatal to plaintiff's entire case. Having thus admitted the falsity of his entire case, plaintiff has no further case to pursue. This result was not inevitable. In its tentative ruling granting the motion to deem matters admitted, the Court went out of its way to point out to ...
2018.7.6 Demurrer 919
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.6
Excerpt: ...olation of Civil Code § 2923.6; (2) violation of Civil Code § 2923.7; (3) negligence; (4) unfair business practices; and (5) violation of civil code § 2923.5. Defendants' demurrer is sustained without leave to amend. The Court will discuss each cause of action in turn. As an overview, however, this is a very straightforward matter. The Court sustained these defendants' demurrer to the First Amended Complaint (FAC), largely because it did not a...

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