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2018.7.27 Motion to Compel Further Responses 580
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ...ubject to the Protective Order previously entered in this case. The District's opposition brief stresses the legal concerns arising if such material is produced without either the parents' consent or a court order. Right – but getting that court order is what these motions are for. The District doesn't really deny plaintiff's representation that in meet‐andconfer, the District didn't raise any real objection to this discovery other than needi...
2018.7.27 Motion for Attorney's Fees 910
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ...en REIT, LP (“Evergreen”); and Store It REIT, Inc. (“Store It”). Evergreen owns TIC 4. Store It is the limited partner of Evergreen. (Store It is now in bankruptcy and not involved in this motion.) The sole defendant is River Oaks Storage, LLC (“defendant”). The first three causes of action in the complaint (breach of contract, specific performance, and declaratory relief) all asserted the same substantive claim, arising under a contr...
2018.7.27 Motion for Attorney Fees 312
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ...iff requests a lodestar multiplier of 1.2. The Court does not think the multiplier is justified. Plaintiff won this case, but it did so partly on the basis of TWCM's admissions. The initial merits briefing by both sides was sufficiently scanty that the Court found it necessary to call for further and better briefs on contract construction. And while the course of this litigation was unjustifiably protracted by TWCM's strategy and tactics, that fa...
2018.7.27 Application for Right to Attach Order 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ... amount to be secured by the attachment is $110,239.31, which includes attorney fees, estimated at $8,000. Since defendant is a corporation, Plaintiff seeks to attach “any property” of defendant. An undertaking has not been filed. Defendant California Optical Corp. (dba CalOptix) appears specially for the sole purpose of objecting to jurisdiction and maintaining its right to opposes the application for right to attach order. Defendant opposes...
2018.7.27 Motion to Compel Further Responses 422
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.27
Excerpt: ...er, Seterus makes no serious effort to show the relevance of the matters inquired into, and no such relevance is obvious from the interrogatories. The Court cannot see how plaintiffs' possible use of drugs at other times and other places could bear on their CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/27/18 ‐ 2 ‐ responsibility for their relative's alleged manufacture of BHO. That is true even if the drug s...
2018.7.20 Petition to Compel Arbitration 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...e argues that the arbitration agreement at issue is unconscionable, and accordingly cannot be enforced. Waiver The Court must consider six factors to determine whether BACR has waived any right it might have had to insist the present dispute with Saeteurn be arbitrated: (1) Whether [BACR's] actions are inconsistent with the right to arbitrate; (2) Whether the “litigation machinery has been substantially invoked” and the parties “were well i...
2018.7.20 Motion to Strike, to Dismiss, for Attorney Fees, for Sanctions 820
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...and conferred via email. That is facially insufficient. Further, defendant's counsel (Mr. Kensok) states that he made repeated requests to meet and confer even after the filing, but counsel would not do so. In reply (not a sworn declaration), plaintiff's counsel essentially verifies Kensok's assertion, stating that he insisted on a meeting at his office (not, for example, by telephone), and insisted that it be recorded. Besides being uncooperativ...
2018.7.20 Motion to Strike 810
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...e argues that the arbitration agreement at issue is unconscionable, and accordingly cannot be enforced. Waiver The Court must consider six factors to determine whether BACR has waived any right it might have had to insist the present dispute with Saeteurn be arbitrated: (1) Whether [BACR's] actions are inconsistent with the right to arbitrate; (2) Whether the “litigation machinery has been substantially invoked” and the parties “were well i...
2018.7.20 Motion for Summary Judgment 562
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...zation of the documents involved. The Court agrees with plaintiff's legal argument, and so plaintiff's motion for summary judgment is granted. This case arises from a line of credit originally extended by First Interstate Bank to Emery Bay Baseball, a now‐dissolved corporation (not sued here). Defendant Kaufman provided a personal guaranty for the line of credit. First Interstate Bank then merged into plaintiff Wells Fargo, which continued to l...
2018.7.20 Motion for Summary Judgment 382
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...laintiff has filed a response expressly stating that she does not oppose Dr. Waechter's motion. It is accordingly granted. The Court notes that, given that plaintiff is apparently convinced that Dr. Waechter was not to blame and that she has no grounds for opposing summary judgment, plaintiff and her counsel should properly have voluntarily dismissed this case as against Waechter, or at least stipulated to such a dismissal. ...
2018.7.20 Motion for Judgment on the Pleadings 529
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...grees, and so the motion is denied. Paragraphs 45‐47 of the complaint allege: An actual controversy has arisen and now exists between Plaintiffs and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/20/18 ‐ 11 ‐ Defendant DCSD with respect to the DCSD's obligations under the Ordinance Code. Specifically, Plaintiffs contend that the DCSD has an obligation under the Ordinance Code to provide security to Diablo r...
2018.7.20 Demurrer 042
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.20
Excerpt: ...es or can reasonably be construed to allege the following. The plaintiffs and the lead defendant, Gerald Knopoff, are siblings, the children of Jean and Leon Knopoff. When Leon died, the children were left $7 million in a trust. But when the trustee, defendant Gerald Knopoff, distributed the funds, each child received only $140,000. (SAC, ¶ 9.) Gerald told plaintiffs the loss of money in the Trust was “due to bad economy and that he had been n...
2018.7.13 Motion for Entry of Judgment 889
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ...nder Code of Civil Procedure § 664.6. Nor did the subsequent Notice of Settlement of Entire Case, filed in June 2017, provide either any stipulation or any terms of settlement. At present, the case has not been dismissed, and defendant is in default. There is not, however, any judgment under § 664.6 or otherwise, nor any court order adopting or incorporating the terms of any settlement, nor any court document requiring defendant to pay any mone...
2018.7.13 Application for Writ of Possession 670
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ... sought in the application. 3. The application is supported by no evidence or proof whatsoever. The standardized form contains no content other than checked boxes, and thus no factual assertions. It states that it relies on the Verified Complaint – but in fact the Complaint is not verified. 4. The unverified Complaint, even if it were under oath, is insufficient to establish a right to recover. Assuming that the application relates to the two v...
2018.7.13 Motion for Attorney Fees 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ...or Court pursuant to Labor Code § 98.2(a). The notices were initially rejected by the clerk's window because petitioners did not proffer any appeal bonds, as required by § 98.2(b) “[a]s a condition to filing an appeal”. Petitioners sought an ex parte order requiring the clerk to accept the notices of appeal, pointing out that under Code of Civil Procedure § 995.240 they were entitled to seek waiver of the bond requirement upon a showing of...
2018.7.13 Motion for Default 629
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ...ve service, in this out of status of limitation case.” The Court has no confident idea exactly what defendant thinks she is asking for, or on what basis. As near as the Court can make out, she is again asking for relief from her prior default and the default judgment against her. That was already ruled on, and defendant presents even less semblance of grounds for any such relief now. This motion, whatever it is intended to be, is denied. ...
2018.7.13 Motion to Strike 299
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ...bstantive basis stated in the FAC for recovery of plaintiff's attorney fees. In opposition plaintiff argues that it may recover fees under Code of Civil Procedure § 1021.5 because it is pursuing a matter of public interest. Plaintiff does not elaborate on this assertion, however, and there is nothing in the FAC that could support it. Plaintiff's argument is that it is alleging fraud, and fraud is a bad thing, so therefore the allegations are wit...
2018.7.13 Motion for Summary Judgment 632
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ...f defendants Kenneth Turnage and Kenneth R. Turnage II General Contractor, Inc. On September 24, 2016, plaintiff participated in an off‐site charity event, as a member of the wiffle ball team formed by his employer, Defendant Turnage. The wiffle ball team consisted of other employees and non‐employees. Plaintiff's participation was optional. The tournament ended at about 4:00 p.m. Later, after stopping home for a shower, plaintiff attended an...
2018.7.13 Motion to Disqualify Counsel 299
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ...r Estates Inc. joins the motion, but it does not appear in the papers that that entity has any direct ground for a disqualification motion, and it will be disregarded.) The Court must first comment on the chronology of all this. Black and Weston have represented plaintiff in this action since it was first filed in July 2016. Danilovich has been in the case for some time. Yet the topic of disqualification did not come up until new counsel for Dani...
2018.7.13 Motion to Expunge Lis Pendens 299
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ... Mahajan moves to expunge on the basis of § 405.32, providing for expungement if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim on which the lis pendens rests. “Unlike most other motions, when a motion to expunge is brought, the burden is on the party opposing the motion to show the existence of a real property claim. (See § 405.30.)” (Kirkeby v. Supe...
2018.7.13 Motion to Set Aside Dismissal 319
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.7.13
Excerpt: ... do not purport to show any such basis for relief. Third, the asserted basis for relief is that the parties settled the case as stated in a settlement agreement attached to the motion – but in fact nothing is attached to the motion, and no such settlement agreement is in the Court's file. Fourth, the dismissal filed by plaintiff in 2015 was absolute and unconditional, with no reservation of jurisdiction under Code of Civil Procedure § 664.6. T...
2018.6.8 Motion for Summary Judgment 795
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.8
Excerpt: ...Disputed Material Fact Nos. 10, 16, 17, 26 and Plaintiff's' Additional Fact Nos. 36, 40, 42‐47.) In their Opposition, plaintiffs state they are “withdrawing and dismissing, without prejudice, as to Defendant Scott Clare,” the first, second, third, fourth, and seventh causes of action. No dismissal has been filed, however. The court therefore grants summary adjudication as to those causes of action as to defendant Scott Clare. Clare has made...
2018.6.8 Motion for Summary Adjudication 790
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.8
Excerpt: ...they complained about encroachments on their easement. (Disputed Material Fact Nos. 21, 31, 39; Additional Fact Nos. 10, 11, 12, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 30(2), 33, 35, 40, 41, 42, 43, 44.) (A numbering problem exists in the Coneys' Separate Statement of Additional Facts, with some numbers being repeated two or three times. The number 30(2) above refers to the second occurrence of the number 30.) Background The central issue on...
2018.6.8 Motion for Leave to File Complaint 389
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.8
Excerpt: ...ed to comply with all the requirements in California Rules of Court, Rule 3.1324. The parties should comply with this rule, as well as all Rules of Court, at all times. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “‘ine...
2018.6.8 Motion for Judgment on the Pleadings 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.8
Excerpt: .... The matter was continued a second time so that Defendant could respond to Plaintiffs' unauthorized supplemental opposition. Defendant failed to comply with California Rules of Court, Rule 3.1113(f). Tables of authorities and contents are generally useful (and required in memoranda over 10 pages) and would have been especially useful given Defendant's oversized brief. The Sequential Litigations Between These Parties Palma I: Palma sued Sabhlok f...

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