Excerpt: ...aintiff's Additional Material Facts in Dispute and Supporting Evidence ("AMF") 1.) Plaintiff hit an "old style" upside down gate pot lid owned by Defendant East Bay Municipal utility District (EBMUD). (AMF 3.) A gate pot lid provides access to gate valves under the street. (AMF 5.) An "old school" or "old style" gate pot lid is a solid metal gate pot lid that cannot be secured in place with a screw as newer utility covers can. (AMF 6, 33.) Plaint...

Excerpt: ...nd defendant Erick Chavez entered into a written joint venture agreement ("JV Agreement") on 26, 2018, pursuant to which defendant was to propose which property to purchase and was to provide plaintiff with a full written analysis of each property that his company to purchase. (Separate Statement of undisputed Material Facts, "SSUMF," Fact Nos. 1-2.) Defendant was to coordinate "including, but not limited to, handling everything except providing ...

Excerpt: ...CIAL OFFICER: JILL C FANNIN HEARING DATE: 11/15/2023 briefing on the exhaustion of administrative remedies issues as follows: A. By no later than 2:00 p.m. on November 22, 2023, Plaintiff shall file and serve a supplemental brief addressing the following issues: Issue One: Why the Court should not find that Plaintiffs claims against Chief John Duggan are barred based on Plaintiffs naming Duggan as a defendant in her first amended complaint filed ...

Excerpt: ...ysis This action was filed on July 18, 2022. Default was entered against Defendants on November 17, 2022. CCP S473(b) Defendants seek relief under the mandatory provisions of CCP S 473(b). Applications under CCP S473(b) must "be made within a reasonable time, in no case exceeding six SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/13/2023 months, after the judgment...

Excerpt: ...ble evidence that would give rise to a dispute of material fact. Background Plaintiff, Robin Coupar, alleges that his uphill neighbor, defendant Gary Clyde Bush, caused property damage to plaintiff's property by way of irrigation leaks. Plaintiff alleges that he witnessed the water intrusion events, which occurred in or around September 2019 and August 2020. Plaintiff alleges these events caused erosion and damage to improvements on his property,...

Excerpt: ... amend, and the demurrer to the fourth cause of action is overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the surviving heir and/or dependent" of Dorothy Marshall, the decedent, "and/or as personal representative and successor in interest" of Dorothy Marshall. (FAC 2.) Plaintiff filed her original complaint on December 23, 2021. The FAC alleges three causes of action for professional medical negligence (1st...

Excerpt: ...(2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K HEARING DATE: 11/13/2023 noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For purposes of ruling on a demurrer, all fa...

Excerpt: ...e returned by the post offce. Follow up resulted in 12 new addresses, leaving 5 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates a number of addiction treatment clinics. Plaintiff was employed there as a nonexempt employee. The original complaint was filed on June 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement will crea...

Excerpt: ...rmanent injunction. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/09/2023 5 Defendants demur to all Plaintiffs' causes of action for pursuant to Code of Civil Procedure S 430.10(e) on several grounds. For the follow-ng reasons, the Demurrer is overruled. Defendants are given to December 8 in which to file and serve their answer. Legal Standard "The function of a dem...

Excerpt: ...er is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2W4) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2W7) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel defendant with the n...

Excerpt: ...rack" based on the conservatorship filings submitted by Plaintiff) alleges a single cause of action for negligent hiring, training, and supervision against Monte Nido, a residential care facility. (FAC 2.) Plaintiff was diagnosed with bi-polar disorder and bulimia and was admitted to Monte Nido on June 21, 2021 for further treatment of her condition. (FAC "1 6, 7.) She alleges Monte Nido was provided a "clinical packet" including information abou...

Excerpt: ...nt to Code of Civil Procedure ("CCP") S 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, with leave to amend as to the causes of action for motor vehicle negligence and products liability and without leave to amend as to the cause of action for general negligence. 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. (20...

Excerpt: ...er 20, 2023. I. Factual Background Plaintiffs, Rani Devi and Ritesh Kamal, allege they checked in at Extended Stay America, a hotel owned and operated by defendants, on or about September 13, 2020, and on or about September 14, they began experiencing an itching sensation. (Complaint, "5- 7, 15-16.) Plaintiff Devi soon began to develop a rash which they later discovered was due to a bedbug infestation in their hotel room, which plaintiffs reporte...

Excerpt: ...judgment of Claim One as to defendant Cen Cal Insurance Services, LLC, denied; motion for summary adjudication of Issue One as to Cen Cal Insurance Services, LLC is granted; motion for summary judgment of Claim Two and moton for summary adjudication of Issues Two and Three as to defendant Zuman Acquisition, LLC are denied. Background Plaintiff Plaza San Ramon LLC ("Lessor" or "Plaza") is the lessor of commercial real property in San Ramon by an a...

Excerpt: ...2(d).) SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 11/08/2023 For the following reasons, the MS] is granted. Factual Background The Complaint alleges that Plaintiff was injured on December 19, 2019 due to a traffic accident that occurred in Antic„ch, California. Defendant Michelle Palacios is alleged to have been driving the car owned by Defendant Alex...

Excerpt: ...Procedure S 391 et seq. Plaintiff opposes the motion. For the following reasons, the motion is granted with respect to declaring Plaintiff a vexatious litgant. Defendant's request that Plaintiff post a security is also granted. Plaintiff is to post a security of $11,000. This matter is stayed pending payment ofthe security or "until 10 days after the required security has been furnished and the moving defendant given written notice thereof." (Cal...

Excerpt: ...evard exit in Walnut Creek, California. Plaintiff was driving a 2017 Toyota Sienna, California License Number 7ZEP704. The Defendant vehicle is alleged to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 11/06/2023 be a 2018 Isuzu pickup truck, California License Number 23060M2 (the "Isuzu"). The Complaint, filed on November 2, 2020, alleges two causes of action agains...

Excerpt: ...granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant or cross-defendant has met his or her ...

Excerpt: ...is case against defendant, Michael Dobbs, doing business as Arclight Corporation, on August 23, 2022. The complaint contains claims for (1) breach of written contract, (2) breach of oral contract, (3) conversion, (4) money had and received, (5) unjust enrichment, and (5) intentional interference with contractual relations. Among the requested remedies, plaintiff seeks injunctive relief regarding who is entitled to possess the property at issue he...

Excerpt: ...d alleging that Etienne created a fraudulent quitclaim deed, forging Plaintiff's signature, which Etienne then used to transfer Plaintiff's interest in real property unbeknownst to Plaintiff. The original complaint contained causes of action for slander of title, quiet title and declaratory relief. (See April 19, 2021 Complaint.) Six months later, Plaintiff filed an amended complaint setting forth the same factual allegations and claims against E...

Excerpt: ..., wherein plaintiff articulates such facts. Background Plaintiff alleges that, while she was a high school student at Harry Ells High School, between approximately 1974-1975, she was sexually abused and assaulted by a teacher who was employed by West Contra Costa Unified School District ("District"). (TAC, "17-19.) These assaults occurred approximately once or twice weekly for a year, both at school in the classroom and at the perpetrator's apart...

Excerpt: ... farmers and members of PCFMA since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their vegetable display tables under their tents. Plai...

Excerpt: ...dants: (1) intentional interference with ex#cted inheritance; (2) financial elder abuse; (3) aiding and abetting financial elder abuse; and (4) imposition of constructive trust and accounting. Defendants demurrer to causes of action 1, 2, and 4. Meet and Confer Requirement Before filing a demurrer, the "demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer...." (Cal. ...

Excerpt: ... under the pseudonym "C.W.," was a student at Kensington Elementary School in West Contra Costa Unified School District ("District"). (SAC, "11-2.) Plaintiff alleges that from approximately 1971 to 1973, plaintiff suffered the sexual assault and abuse of his special education teacher, who was employed by the District. (SAC, 919.) The acts of sexual abuse and assault took place in the classroom and at a local riding and gun club. (SAC, 919.) Plain...

Excerpt: ...s granted. Legal Standard "In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration are not paid within 30 days after the due date, the drafting party is in material breach of the arbitr...