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2018.10.18 Demurrer, Motion to Strike 944
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...t cannot determine whether the enactment relied upon was intended to impose an obligatory duty to take official action to prevent foreseeable injuries or whether it was merely advisory in character. [Citation]”).) In addition, a complaint against a public entity will ideally make clear whether plaintiff the plaintiff is claiming the public entity is directly liable under Government Code section 815 and/or 815.6 and a statutory or constitutional...
2018.10.18 Demurrer, Motion to Disqualify Counsel 614
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...ing to bring their eleven (11) Penal Code claims against any party. The District Attorney's office (or U.S. Attorney with respect to the federal RICO claim) is the entity (or entities) who must prosecute those claims. No civil remedies are contained in the violations set out in the Complaint. NO CAUSE OF ACTION PLED AGAINST THE STATE OR ITS AGENCY, THE CSLB Regardless of the problems with standing, this demurrer is confined to the deficiencies in...
2018.10.18 Demurrer 253
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.18
Excerpt: ...continued this demurrer so that the parties could meet and confer “in person or by telephone” as required by code of civil procedure § 430.41. The Court further ordered Plaintiff to file a declaration of compliance with § 430.41(a) by October 11, 2018. He has not done so. Although the Plaintiff is in pro per, the Court notes that pro per litigants are not entitled to special treatment and must follow the procedural rules that govern civil l...
2018.10.15 OSC Re Preliminary Injunction 476
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.15
Excerpt: ...LC; and Affinia Default Services, LLC (collectively, “Defendants”). The Complaint alleges a cause of action for (1) declaratory relief and (2) violation of Cal. Civ. Code § 2924.11. A week later, Plaintiff moved ex parte for a temporary restraining order. The Court heard the Ex Parte Application, granted the TRO, and entered an Order to Show Cause to show why a preliminary injunction should not be granted, enjoining the Trustee's Sale of the...
2018.10.11 Petition for Writ of Mandate 168
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...k to be assigned “benefits because the premises are the very definition of unsafe...” Plaintiffs include what appears to be a copy‐andpaste rendition of Health and Safety Code section 17975 et seq. regarding tenant relocation assistance. In apparent efforts to improve the Petition's chance of success, Plaintiffs filed an “addendum to petition for writ of mandate” on October 5, 2018, three court days before the hearing and without a proo...
2018.10.11 Motions for Sanctions, Demurrer 394
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.11
Excerpt: ... for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Where, as here, the tactic or action is the filing of a motion, the party seeking sanctions must serve, but not file, the motion for sanctions, and give the other party 21 days to withdraw the motion. (C.C.P. § 128.5(f)(1)(B).) AUSD did so. XL did not withdraw the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMEN...
2018.10.11 Motion to Strike (Anti-SLAPP) 503
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...e and two is granted in part and denied in part. The motion is granted as to the STA Notice. Paragraphs 26 and 27 are ordered stricken from the complaint. Otherwise the motion is denied. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/11/18 ‐ 10 ‐ Relevant Allegations Defendants seek to strike the first and second causes of action (libel per se and libel per quod) in the complaint. Defendants have not moved to...
2018.10.11 Demurrer, Motion for Leave to Amend Complaint 094
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...te causes of action. The amended complaint may also include the changes listed in Plaintiff's request for leave to amend. Res Judicata Defendant argues that Plaintiff's complaint is barred by res judicata because there was a final judgment on the merits in a small claims action between the same parties. This argument was raised and rejected by this Court in the last demurrer. This appears to be an improper motion for reconsideration, however, occ...
2018.10.11 Demurrer 884
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.10.11
Excerpt: ...al theories. Any amended complaint shall be filed and served on or before January 31, 2019. The basis for this ruling is as follows. Background Plaintiffs are the current owners of the Renaissance Square Apartments, located at 1825 Galindo Street, in Concord, California (the “Property.”) They sue defendant Signature Properties, Inc. over allegedly defective construction services that Signature provided for a prior owner under a contract with ...
2018.10.11 Demurrer 564
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.10.11
Excerpt: ... these are the only causes of action in which defendant Seterus is named, defendant shall prepare a proposed judgement of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiffs for approval as to form. The basis for this ruling is as follows. A. The Fifth Cause of Action. The Fifth Cause of Action is for slander of title. The Court sustains defendant's demurrer to this cause of action on t...
2018.10.1 Motion for Summary Judgment 396
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.1
Excerpt: ....5 requires a plaintiff to bring her action against a “health care provider based upon such person's alleged professional negligence” within three years after the date of injury or within one year after plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever comes first. See also Gutierrez v. Mofid (1985) 39 Cal.3d 892, 897 (emphasis added) The one year statute of limitations begins to run “when th...
2018.10.1 Motion for Summary Judgment, Adjudication 686
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.1
Excerpt: ...omez and Exenia Guadalupe Garcia Casan, by and through Guardian ad Litem Melisa Casian Gomez (collectively, “Plaintiffs”). The SAC pleads causes of action for (1) vehicle negligence; (2) vicarious governmental liability – employee – Gov. Code § 815.2 & 820; (3) vicarious governmental liability – contractor – Gov. Code § 815.4; (4) negligence; (5) dangerous condition of public property; and (6) wrongful death. Only causes of action (...
2018.10.1 Motion for Summary Judgment, Adjudication 856
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.1
Excerpt: ...See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158. CACI Section 1003 sets out the elements of a premises liability claim. A defendant was negligent in the use or maintenance of the property if (1) a condition on the property created an unreasonable risk of harm; (2) the defendant knew or, through the exercise of reasonable care, should have known about it; and (3) the defendant failed to repair the condition, protect against harm from the ...
2018.10.1 Motion to Compel Arbitration, Stay Case 286
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.1
Excerpt: ...loyee Le'James Riggins, lasting no more than one hour. The Court would then take the matter under submission and issue an order after hearing. The parties should also be prepared to set a briefing schedule on the following issues: (1) whether plaintiff Rose Dixon can be compelled to arbitrate, given defendant Tesla's failure to offer evidence that Ms. Dixon is a party to the arbitration agreement, and; (2) if Ms. Dixon cannot be compelled to arbi...
2018.10.1 Motion to Strike 619
Location: Contra Costa
Judge: Fenstermacher, Suzanne
Hearing Date: 2018.10.1
Excerpt: ...“VSAC”). The Motion is opposed by the plaintiffs (“Plaintiffs”) in this matter. No reply was filed. For the reasons stated below, the Motion is granted. Governing Law Code of Civil Procedure (“CCP”) section 425.16 governs special motions to strike (“anti‐SLAPP” motions). A defendant's anti‐ SLAPP motion may only target claims arising from any act of the defendant in furtherance of the defendant's right of petition or free spee...
2018.1.8 Motion to Determine Good Faith Settlement 077
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.8
Excerpt: ...ixing, in the settlement agreement, an allocation between economic and non‐ economic damages. Defendant County's objection is moot, because the settlement agreement does not attempt to fix such an allocation. (Supplemental Diestel Dec., ¶ 5.) This is a matter that the Court would decide post‐trial. (Rashidi v. Moser (2014) 60 Cal.4th 718, 722 [“when a pretrial settlement does not differentiate between economic and noneconomic losses, a pos...
2018.1.8 Motion for Summary Judgment 756
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.8
Excerpt: ...ought within two years. There is no evidence that any exception applies. At the initially set hearing on this matter, plaintiff had submitted relevant argument, but it was not supported by a proper declaration. The court continued the matter to January 8, 2018, to enable plaintiff to submit a proper declaration and allowed defendant a reply. Plaintiff has provided a declaration. In that declaration, he states that he went to the clerk's office on...
2018.1.8 Motion for Judgment on the Pleadings 196
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.8
Excerpt: ...018. Any amended complaint shall comply fully with the conditions on leave to amend set forth in Parts B and C of this ruling below. Defendant's motion is granted without leave to amend, as to the Fifth Cause of Action for “Injunction.” However, this aspect of the Court's ruling shall not prohibit plaintiffs from alleging facts supporting a claim for injunctive relief within the body of other causes of action, and seeking injunctive relief in...
2018.1.8 Demurrer 906
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.8
Excerpt: ...��) filed by Cross‐Plaintiff Jordan Bradshaw (“Cross‐Plaintiff” or “Bradshaw”). The CC alleges a single cause of action for unfair business practices in violation of Cal. Bus. & Prof. Code § 17200. Safety Environmental demurs to this claim pursuant to Code Civ. Proc. § 430.10(e) on the grounds that Bradshaw has not alleged sufficient facts regarding Safety's alleged wrongdoing, has not alleged sufficient facts regarding his standing...
2018.1.8 Demurrer 266
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2018.1.8
Excerpt: ...amendment could remedy the defects.” (Dalton v. East Bay Mun. Utility Dist. (1993) 18 Cal.App.4th 1566, 1570‐1571.) The burden is on the Plaintiff to establish the reasonable possibility that the defect is curable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has failed to show how the defects are curable. As an initial matter, the Court notes that Plaintiff Nowicki's “Opposition” does not address the deficiencies raised by the ...
2018.1.5 Motion to Set Aside Judgment 808
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.5
Excerpt: ...as served with it. Furthermore, she does not suggest that she has any meritorious defense to the suit, and she does not proffer any proposed answer to the complaint. It is pointless to grant defendant an opportunity to defend against the claim if she has no defense. Defendant does make a brief mention of her statement to plaintiff's attorney that this debt had been resolved by Kemper Group. However, she does not identify who Kemper Group is, or h...
2018.1.5 Motion to Disqualify Counsel, to Vacate Default Judgment 082
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.5
Excerpt: ...ior representation of Pearl on related subject matter. 6. TIME: 9:00 CASE#: MSC16‐ 01082 CASE NAME: TROMBADORE GONDEN LAW GROUP VS. SMITH HEARING ON MOTION TO VACATE DEFAULT JUDGMENT FILED BY ROBERT WILLIAM SMITH, MARC PEARL * TENTATIVE RULING: * Marc Pearl's motion to vacate default judgment is granted. The default entered on March 21, 2017 and the default judgment entered on September 1, 2017 are ordered vacated. Pearl shall file and serve th...
2018.1.5 Motion for Reasonable Attorney's Fees 218
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.5
Excerpt: ...er's order, because defendant failed to file the bond required by statute. Section 98.2(c) “establishes a one‐way fee‐shifting scheme, whereby unsuccessful appellants [employers] pay attorney fees while successful appellants may not obtain such fees.” Sonic Calabasas v Moreno (2011) 59 Cal.4th 1109, 1129. The purpose is to discourage unmeritorious appeals from administrative wage claim determinations, and to encourage prompt payment there...
2018.1.5 Motion for Judgment on the Pleadings 110
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2018.1.5
Excerpt: ...acts to constitute a cause of action, the court follows the same rules it does on a demurrer. It considers only the material alleged on the face of the challenged pleading and matters of which it can take judicial notice. (Ibid.; Code of Civil Procedure § 438(d); see Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 548.) Here, on its face, the complaint states a cause of action that defendant breached his agreement to sell the ...
2018.1.4 Motion to Set Aside Default, Judgment 754
Location: Contra Costa
Judge: Austin, Steven K
Hearing Date: 2018.1.4
Excerpt: ...ion to collect in excess of $160,000 allegedly owed on an agreement to rent equipment for use at the Camp Park and other construction projects. Defendant Federal Solutions Group, Inc., ordered the equipment and defendant Selina Singh guaranteed payment. Plaintiff filed its lawsuit on May 4, 2017. It served each defendant by substituted service on May 12, 2017. It did the required mailing on May 16, 2017. (See CCP § 415.20 (a), (b).) Service was ...

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