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2018.11.1 Demurrer 504
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.11.1
Excerpt: ...garding the form or content of the opposing party's pleading. Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994. For purposes of a demurrer, all properly pleaded facts are admitted as true. Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967. “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good again...
2018.11.1 Demurrer 345
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.11.1
Excerpt: ...iary duty is sustained with leave to amend. Cross‐Complainant, Shannon B. Jones Law Group, Inc. (“SBJLG”) alleges Sandra VellaAndrade (“SVA”) was the Controller of SBJLG from approximately August 2010 through January 2016. Her responsibilities included handling all financial matters for the law group. SBJLG alleges she had a fiduciary duty of loyalty. She breached the duty by approving alleged overtime work by Olson without disclosing t...
2018.10.29 Motion for Preliminary Injunction or for Consolidation 537
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.29
Excerpt: ...th Thomas Truston to purchase a floating home, currently situated at 7000 Orwood Road in Brentwood. Plaintiffs allege in the proposed amended complaint, which the court has granted in the accompanying motion, the subject floating home was brought to Bethel Island and Cruiser Haven Marina in 2008. On information and belief, Plaintiffs believe that Defendants have not dredged Orwood Slough and at present the slough is too shallow in several places ...
2018.10.29 Demurrer 206
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.29
Excerpt: ...t Lemuel Sirvonn Wilson, Jr., and owned by defendant Savee Pralourng, struck her car. Three of Ms. Reyes' children were passengers and two died at the scene. The third – plaintiff Luciano Reyes, on whose behalf Ms. Reyes brings the action as guardian ad litem – survived. Besides the negligence‐based claims against the driver and owner of the other vehicle, plaintiffs also bring claims for dangerous conditions of public property against seve...
2018.10.26 Demurrer 330
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.26
Excerpt: ... accordingly cross‐complained against ADP. ADP demurs to the cross complaint. The demurrer is sustained in part without leave to amend, and overruled in part. Specifically, the demurrer is sustained without leave as to all causes of action on the part of the individual cross‐complainants, and Los Montañas's second and third causes of action (warranty and implied indemnity). It is overruled as to Los Montañas's first, fourth, and fifth cause...
2018.10.26 Motion for Attorney Fees 309
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.26
Excerpt: ...lly to vacate the judgment, demonstrating that the Hawaii court had never properly obtained jurisdiction over him because of defects in the manner in which the HOA supposedly served Rad with process in the Hawaii action. Rad now moves for attorney fees incurred in winning his motion to vacate the judgment. The motion is denied. Rad identifies no statutory or contractual provision that entitles him to recover attorney fees for this victory. Rad re...
2018.10.26 Motion for Judgment on the Pleadings 079
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.26
Excerpt: ...ied. This motion was previously before the Court on October 5. In its tentative ruling the Court continued the motion to this date. The District's original motion simply ignored the express allegation in the second amended complaint that plaintiff had exhausted administrative remedies by filing an administrative claim form, attached to the SAC as an exhibit. Plaintiff pointed this out in her opposition. Only in its reply brief – which is to say...
2018.10.25 Motion for Summary Judgment, Adjudication 284
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...Court previously advised the parties, the Court will set trial and issue conference dates once the parties have participated in mediation. A. Preliminary Matters. Holding Company's request for judicial notice, filed on June 15, 2018, is granted. CSV's request for judicial notice, filed on August 30, 2018, is also granted. CSV's evidentiary objections, filed on August 30, 2018, are sustained. Holding Company's evidentiary objections, filed on Sept...
2018.10.25 Demurrer 763
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...ated May 30, 1990, brings this action as co‐owner of the real property located at 3511 School Street. Cross‐Defendant Milton Bruzzone owns the adjacent Rosedale Street Property. There are two small parking areas along the western side and southern portion of the School Street Property, which Cross‐Complainant has labeled “Area B” that are in dispute. As alleged, Area B has always been within the School Property's side of the fence separ...
2018.10.25 Demurrer 224
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ...rah Shapero, are ordered to show cause why they should not be sanctioned in the sum of $ 900.00, jointly and severally, pursuant to sections 128.5 and 128.7 of the Code of Civil Procedure. On or before November 1, 2018, plaintiff shall file and serve a declaration signed by plaintiff's counsel. Attached to this declaration shall be a ‘redlined' copy of the “Amendment to Second Amended Complaint For Damages” filed on October 19, 2018. This r...
2018.10.25 Demurrer 450
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.25
Excerpt: ..., Inc., Mt. Diablo Paper Stock, Inc., Oakley Disposal Service, Inc., Pittsburg Disposal & Debris Box Service, Inc. and Rio Vista Sanitation Service, Inc. (the “Corporate Defendants”) filed a demurrer to the complaint. Defendants Silvio Garaventa, Jr., Louisa Binswanger and Marie Adler filed joinders to the demurrer. Plaintiff Joseph Garaventa opposed the demurrer and Plaintiff Linda Garaventa Colvis filed a joinder to that opposition. The dem...
2018.10.25 Motion to Set Aside and Vacate Judgment 334
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.25
Excerpt: ... History Santos began working for Contra Costa County in 1995. She argues that she is entitled to service‐connected disability retirement benefits based on her orthopedic and consequential psychological injuries. Specifically, she contends that she is permanently incapacitated on a psychiatric basis and therefore unable to engage in any substantial gainful employment. Santos started work with the county as a clerk in 1995. In 2001 she worked in...
2018.10.19 Demurrer 132
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.19
Excerpt: ...rements caused material harm – meaning that without the procedural violations, plaintiffs would have succeeded in refinancing their defaulted mortgage and saving their property from foreclosure. That failing underlay the Court's rulings sustaining demurrers to prior iterations of the complaint. In the SAC, plaintiffs made their last‐hurrah effort to allege materiality. In its September 28 tentative ruling on this demurrer, the Court commented...
2018.10.19 Motion for Leave to File Amended Complaint 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.19
Excerpt: ...ase other than plaintiffs' claims that defendant is in violation of a non‐compete agreement. The problem is that the causes of action pleaded in the original complaint (or in the first amended complaint, which only added two new plaintiffs) did not segregate themselves neatly into arbitrable and non‐arbitrable causes of action. As pleaded, only the second cause of action could clearly be categorized (as non‐arbitrable). While it may be appr...
2018.10.19 Motion to Compel Production of Docs 549
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.19
Excerpt: ...led to file the ex parte application papers. Counsel should bring those papers to the hearing. (If plaintiffs proffered any opposing papers, they should bring those as well.) The Court will honor Judge Weil's ruling. Without seeing the application, however, the Court is more than a little puzzled as to why this motion was exempted from the Facilitator program. The motion calls on the Court to conduct at least a line‐by‐line review of an inch�...
2018.10.18 Motion for Summary Judgment, Adjudication 324
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...rs contain serious defects. The Court will not consider these opposition papers, and gives plaintiff two procedural options. First, plaintiff may submit the pending motion for the Court's decision as functionally unopposed. The Court would review only the moving papers, and would send out a ruling by the end of the day. Second, plaintiff may stipulate to (1) briefly continuing the existing issue conference and trial dates, (2) setting a new heari...
2018.10.18 Motion for Approval of PAGA Settlement 889
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.18
Excerpt: ...h the first directive, and the LWDA has not commented on the settlement. With respect to the second directive, the parties have responded with a declaration stating that the settlement allocation is based on “Plaintiff's willingness to provide a general release with a 1542 waiver thereby precluding plaintiff from raising other employment issues in the future; 2) since the case had been actively litigated for almost two years, the risk that plai...
2018.10.5 OSC Re Transferring Case to Family Law or be Dismissed 410
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.5
Excerpt: ...arded to him in the marital dissolution judgment. There is a complication in the case, however, which may present an obstacle to treating this as an ordinary fraud‐tort case. The transaction of which plaintiff complains was not merely a private matter occurring between the parties outside of court. Rather, the parties submitted a formal stipulation in 2016 in their family‐law case (in San Joaquin Superior Court), modifying the 2006 divorce ju...
2018.10.5 Motion for Summary Judgment, Adjudication 829
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.5
Excerpt: ...iff, Jose Luis Ramirez‐Ceniceros, sues in two capacities: as an insured (as to his claim for loss of cash), and as the assignee of an insured (as to his claim for personal injury inflicted by his coinsured, Flores). Plaintiff and defendant Jose Flores, aka Agustin Chavez, were lessees of a house located at 2813 Carob Street in Antioch. Their agreement with their landlord required them to have renters' insurance. On October 25, 2014 they went to...
2018.10.5 Motion for Judgment on the Pleadings 079
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.5
Excerpt: ...defendant's reply brief. Defendant filed this motion with no declaration of compliance with § 439. As a reading of the briefs make clear, the case plainly called for meet‐and‐confer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 10/05/18 ‐ 12 ‐ Defendant's motion rests on its argument that plaintiff's second amended complaint must be dismissed because she does not allege that she exhausted administrative r...
2018.10.5 Motion for Judgment 529
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.5
Excerpt: ...�� from using Calle Arroyo road in Diablo. The Court notes that this motion was filed before the First Amended Complaint was filed. However, the parties are in agreement that this motion may apply to the FAC even though the documents were filed in the reverse order. The Court also notes with disapproval that the District has not submitted a declaration showing compliance with the meet and confer requirement for a motion for judgment on the pleadi...
2018.10.5 Demurrer 470
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.10.5
Excerpt: ...cussion. Plaintiff's opposition brief mostly addresses these issues as though no prior demurrer or ruling had occurred. The Court granted leave to amend CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 10/05/18 ‐ 21 ‐ on most counts, but its legal analysis included specific comments on what plaintiff would have to allege to patch up the deficiencies in the FAC. At this juncture, then, the opening question for the ...
2018.10.4 Motion for Leave to Amend Complaint 044
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.4
Excerpt: ...fton Huffmaster, Falin Minetto and Daniel Minetto, Carla Cayson, Amani Hoopes, Heather and Hector Ochoa, and Marc and Stephanie Wong (collectively “Proposed Plaintiffs”). Plaintiffs move pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court on the grounds that the First Amended Complaint “is necessary and proper, will not prejudice any defendant, is timely pursuant to prelitigation requirements...
2018.10.4 Demurrer 082
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.4
Excerpt: ...o amend the First Amended Complaint. Accordingly, the Court will not grant leave to amend, unless plaintiff so requests and makes the appropriate showing needed. The basis for this ruling is as follows. A. The First Cause of Action. The Nature of Plaintiff's Theory. The First Cause of Action is labeled as one for breach of the implied covenant of good faith and fair dealing. However, plaintiff appears to be relying on both the breach of an expres...
2018.10.4 Motion to Compel Binding Arbitration 684
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.4
Excerpt: ... out of the same transaction or series of transactions as the arbitration, and (2) there is a possibility of conflicting rulings on common issues of law or fact. See CCP Section 1281.2(c). Under California law, the court has significant discretion where (1) pending litigation between the parties involves overlapping non‐arbitrable issues, or (2) pending litigation between either party and a third party involves issues of law or fact common to t...

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