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2018.6.15 Motion to Compel Amended Responses, Production of Docs 790
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.15
Excerpt: ... might be (at least part of) Bidsmart's response. There is nothing in the declaration identifying what that page is, though, let alone authenticating it under oath as accurate and complete. On the contrary, the page is presented simply as part of a meet‐andconfer letter. Without more, the Court has no way of reliably knowing what responses Bidsmart made or didn't make, let alone judging whether they are appropriate or not. The Court also notes ...
2018.6.15 Demurrer 648
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.15
Excerpt: ...y 15, 2018. This dispute has been running in various courts for some time. Plaintiff first filed a small‐ claims case in this Court in 2016, alleging (in less detail) her difficulties in working with Seterus. She also filed a case in federal court for violation of a parallel federal statute, and the small‐claims case was removed to federal court under supplemental jurisdiction. In August 2017 the federal court granted summary judgment against...
2018.6.15 Demurrer 550
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.15
Excerpt: ...the case in Lines 10‐12). In that case she obtained an attachment as to one of Ng's assets, namely a note and deed of trust executed in Ng's favor by the Kellys, the defendants in this case. (Ms. Kelly is Ng's daughter; Mr. Kelly, his son‐in‐law.) In this action, plaintiff seeks to enforce the Kelly note in her capacity as a judgment creditor or potential judgment creditor of Ng. The timing of all this is complicated by the course of plaint...
2018.6.15 Demurrer 200
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.15
Excerpt: ... serve the amended cross‐complaint on or before July 15, 2018. This case arises out of a disagreement over the purchase of a residence in Richmond. The cross‐complaint alleges that cross‐complainant Kingsway located a short‐sale property, available for purchase at $200,000 below market value. Kingsway and Gardner reached agreement in November 2016 to work together to buy the property and resell it. Their written agreements called for Gard...
2018.6.15 Demurrer 140
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.15
Excerpt: ...on or before July 15, 2018. Background This case arises out of a failed transaction for Thomas and Hilary Holden to sell 783 Los Palos Manor in Lafayette, California to cross‐defendant William Wahl. The Holdens alleged that the sale fell through after two checks (one for $50,000 and the other for $10,000) that Wahl placed as a deposit into an escrow administered by Fidelity were dishonored for insufficient funds. The CONTRA COSTA SUPERIOR COURT...
2018.6.15 Motion for Judgment on the Pleadings 860
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.15
Excerpt: ...f this ruling, the Case Management Conference now set for June19 is premature. The CMC is continued to October 31, 2018 at 8:30 a.m. This case arises out of plaintiff's claim that defendants rented her an uninhabitable premises, 1300 Roosevelt Ave., #420, Richmond, California. Defendants move for judgment on the pleadings as to the Fourth Cause of Action, Negligence, and Fifth Cause of Action, Intentional Infliction of Emotional Distress, arguing...
2018.6.1 Motion for Determination of Application, for Good Faith of Settlement 639
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...cedural Setting At the outset, there is some imprecision and awkwardness about how this motion was filed and whether it is properly before the Court for decision. At a CMC the parties suggested that a major obstacle to possible settlement was disagreement as to the applicability of MICRA. The Court suggested that the parties might benefit if they could find a vehicle for presenting that “logjam” legal question to the Court for early decision,...
2018.6.1 Demurrer 422
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...Code of Civil Procedure § 430.10(e) on the grounds that it did not owe a duty of care to Plaintiffs because it did not own, possess, or control the premises at the time of Plaintiffs' injury. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/01/18 ‐ 2 ‐ The demurrer is overruled. Seterus must file and serve its answer to the TAC by June 29, 2018. Seterus demurred to the Second Amended Complaint on the exact sam...
2018.6.1 Demurrer 702
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...o this Court as the appropriate venue. The first amended complaint asserts causes of action for (1) negligence, (2) negligent failure to carry sufficient liability insurance, and (3) vexatious failure to pay plaintiff's claim. The second and third causes of action do not exist in the law. Defendant owes no duty to plaintiff as to how much insurance he chooses to carry, so long as he carries the statutory minimum coverages. Plaintiff does not alle...
2018.6.1 Demurrer 439
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...icable three‐year statute of limitations. (Code of Civil Procedure § 338(a).) Plaintiffs allege that defendants' recordation of a notice of default in April 2013, and their recordation of a notice of trustee's sale in July 2013, violated HBOR. (FAC, ¶¶ 25‐27.) Yet plaintiffs did not commence this action until December 2017, more than four years later. In their opposition memorandum plaintiffs seek to invoke the doctrine of equitable tollin...
2018.6.1 Motion for New Trial 050
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...are denied. Liability of Ruggio In Special Verdict 1, the jury was asked whether each of Johnson and Ruggio were negligent. The jury answered “yes” as to both. In Special Verdict 2, the jury was asked whether each defendant's negligence “was a substantial factor in causing harm to [plaintiff]”. The jury answered “yes” as to defendant Johnson, but “no” as to defendant Ruggio. Plaintiff's principal argument is that the jury erred in...
2018.6.1 Motion for Terminating Sanctions, for Monetary Sanctions 429
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...erous motions to compel discovery, with awards of sanctions. Plaintiffs have not complied with the Court's orders, nor have they paid the sanctions. They have simply ceased to respond. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 06/01/18 ‐ 18 ‐ This is to the obvious prejudice of defendants, who have not been able to conduct meaningful discovery in the case. Plaintiffs have not responded to the present motion...
2018.6.1 Motion to Strike 212
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...ding.” Section 436 (b) permits the court to “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Section 437(a) provides that “[t]he grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” As plaintiff tacitly concedes, there is no legal bas...
2018.6.1 Motion to Vacate Default 430
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.6.1
Excerpt: ...laint against Hertz, alleging that she had purchased insurance from Hertz. The cross‐ complaint asserted claims for bad‐faith denial and indemnification. Nowhere in the crosscomplaint, however, did Kuney state any amount for the compensatory or punitive damages sought. Nor did she serve any statement of damages. Because the cross‐complaint was basically one for indemnification, it might be argued that Kuney could not know the amount of her ...
2018.5.25 Motion to Strike 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.25
Excerpt: ...ituted out”. (The Court notes that arguably it was improper for counsel to “substitute out” when the proposed substitute representation (a corporation appearing pro per) was unlawful; counsel should instead have moved to withdraw. As it appears that such a motion would have been consented to by the client, however, the Court will overlook the point for present purposes and accept that Priceless has no lawyer in this case.) Plaintiffs are co...
2018.5.25 Motion to Compel Further Discovery Responses 649
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.25
Excerpt: ...t is surely not a documentintensive case. Nor is it a case that could reasonably be expected to generate any substantial volume of privileged documents on either side, aside from each attorney's routine case file. Nevertheless, the Court is presented with several inches of paper on points quite unlikely to yield any results of consequence for either side. Plaintiff served identical sets of document requests on the two individual defendants. Now a...
2018.5.25 Demurrer 132
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.25
Excerpt: ...(2) violation of RESPA (12 CFR § 1024.41); (3) violations of Equal Credit Opportunity Act (15 USC § 1691); (4) violations of Business and Professions Code § 17200; (5) wrongful foreclosure; (6) negligence; (7) cancellation of deed; and (8) quiet title. As with their opposition to Defendant's demur to the Plaintiffs' first amended complaint, Plaintiff's opposition to the Defendant's demur to the second amended complaint is overlong. Plaintiff's...
2018.5.25 Demurrer 060
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.25
Excerpt: ...ode of Civ. Proc. § 430.10(e) on several grounds. The demurrer is sustained without leave to amend as to the second cause of action. It is sustained with leave to amend as to the remaining causes of action. A Third Amended Complaint may be filed and served within 30 days after service of the Order After Hearing hereon. Request for Judicial Notice Defendant requests judicial notice of several county recorder documents as well as pleadings and ord...
2018.5.18 Motion for Restitution 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ...edural context. (See Beach Break Equities, LLC v. Lowell (2016) 6 Cal.App.5th 847, 852‐54.) There is an exception to the general rule when the defendant has engaged in conduct the court finds “inequitable.” However, this is a narrow exception, and the Court finds that it is not applicable here. The Textron decision is the appellate decision most closely on point. (See, Textron Financial Corp. v. National Union Fire Ins. Co. (2004) 118 Cal.A...
2018.5.18 Demurrer, Motion to Strike 109
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ...ome detail how he proposes to amend and how that will cure the problems identified. Chevron shall file and serve its Answer to the TAC on or before June 1, 2018. Statute of Limitations A defendant may file a general demurrer to a complaint if the complaint shows on its face that it is barred by the statute of limitations. (See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232.) Chevron argues that the face of the pleadings and the matters of which the c...
2018.5.18 Demurrer 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.5.18
Excerpt: ..., CALIFORNIA DEPARTMENT: 12 HEARING DATE: 05/18/18 ‐ 16 ‐ Defendant demurs to the Complaint pursuant to Civil Code § 430.10(e) on the following grounds: (1) Plaintiff's claims are time barred; (2) Plaintiff is not an appropriate class representative; (3) Plaintiff fails to allege a community of interest; and (4) Plaintiff fails to adequately allege facts supporting the predicate statutory violations of her 17200 claim. Defendant also demurs ...
2018.4.27 Petition for Relief from Government Claims Act 462
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.27
Excerpt: ...Government Code § 946.6. “Section 946.6 is a remedial statute intended ‘to provide relief from technical rules that otherwise provide a trap for the unwary claimant.'” Bettencourt v. Los Rios Community College Dist. (1986) 42 Cal.3d 270, 275. Courts exercise their power to grant relief liberally, so as to preserve meritorious claims wherever possible. Any doubts are to be resolved in favor of permitting the suit to proceed. Viles v. Califo...
2018.4.27 Motion to Overrule Objections 630
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.27
Excerpt: ...nctions are awarded in favor of Ms. Sheedy. This motion comes as part – hopefully the last part – of an extraordinary set of discovery disputes in this case. These disputes occupy several volumes of the Court's case file despite the fact that nearly all of it has actually occurred before a Discovery Referee and not in court. It is to be feared that both sides' counsel have allowed this matter to become more personally rancorous than is profes...
2018.4.27 Motion to Augment Judgment, for New Trial 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.27
Excerpt: ...ment interest is an element of damages, not of costs. Hence, absent a stipulation like the one applicable to Line 3, a request for an award of prejudgment interest should be presented either before judgment is entered, or by way of a new trial motion. North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824. Even if the procedural problem is ignored (and no party has raised it), the motion is substantively unmeritorious. On a tort claim, ...
2018.4.20 Motion to Vacate Money Judgment 309
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.4.20
Excerpt: ...ender, rested on Rad's debt to the HOA for failure to pay HOA assessments. Spinnaker thereafter obtained the present California judgment on sister‐state judgment, pursuant to Code of Civil Procedure § 1710.25. Defendant Rad now moves to vacate the judgment pursuant to Code of Civil Procedure § 1740. The motion is granted. Venue As the last, most cursory item in his motion, Rad states that Contra Costa County is the improper venue for the judg...

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