Excerpt: ...irfield Belmont. Defendant is given 30 days in which to answer. Demurrer Standards A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (lonabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not on the evid...

Excerpt: ... had failed to prov-de plaintiff with notice of the hearing date. Now that the defendant has properly alerted plaintiff to the hearing date, defendant cannot complain about plaintiff opposing the moton. The court will consider plaintiff's properly filed opposition. The court also continued the motion so that defense counsel could attempt to properly comply with CRC 2.550. For example, the Court asked defense counsel to provide a declaration which...

Excerpt: ...which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint." (Code Civil Procedure S 426.10 (c).) "A moton to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake o...

Excerpt: ...r the following reasons, the is sustained, with leave to amend. 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. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2(m) 42 Cal.4th 531, 550 ("Doe")), but the plaintiff must set forth the essential facts of his o...

Excerpt: ...graph 71 that states "then attempt to blame Cross-complainants for their decision to live in filth" are stricken; the motion is otherwise denied. Background This dispute arises out of a lease of a residential property in Pittsburg to Plaintiffs and CrossDefendants (the "Tenants" for convenience). (X-Compl. 8 (p. 2, II. 13-15), 1, 2.) On April 24, 2023, the Tenants filed a complaint alleging, among other claims, tortious breach and contractual bre...

Excerpt: ...ecific dollar amounts (Prayer A). Punitive Damages In order to obtain punitive damages, the facts alleged must show fraud, oppression or malice. (Civil Code section 3294.) Subdivision (c) of the statute contains the following definitions: "(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or ...

Excerpt: ... issued an order to show cause ("OSC"). The OSC hearing was held on January 18, 2023. Plaintiff's counsel failed to appear again. As a result, the Court dismissed the matter with prejudice. Standard Defendant moves to set aside the default judgment pursuant to California Code of Civil Procedure ("CCP") SS473(b). Code of Civ-l Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her l...

Excerpt: ...ating trial on Plaintiffs claims for alter ego and successor liability (causes of action seven and eight of the Third Amended Complaint) from their remaining claims, with the alter ego claims to be heard first and the remaining claims and cross claims to be heard 90 days later. For the reasons set forth below, the moton is denied. Brief Factual and Procedural Background This case arises from Plaintiffs' purchase of a refurbished home that turned ...

Excerpt: ...ed Services, Inc. ("Premier"), and ADA Services Corporation, formerly known as H&R Block Mortgage Corporation ("ADA"). The motion is not opposed by Plaintiff. The Court rules as follows: (1) the motion to strike from the Prayer for Relief for the third cause of action paragraph 13, p. 38, line 23 ("For exemplary damages as may be shown at trial") as to defendants Premier, and ADA only is granted, and as to defendant Sand Canyon, the motion is den...

Excerpt: ...declaration documenting efforts to meet and confer is insufficient in that it indicates the "means by which" counsel met and conferred with the plaintiff was email. Such efforts must be "in person or by telephone." (Code Civ. Proc„ S 430.41 (a) and see also S 435.5 [re moton to strikel.) Plaintiff's opposition points this out. (Opposition, 4:6-7.) However, plaintiff does not indicate how the failure affected the merits of the motions. Failure t...

Excerpt: ...that they are both duplicative of the first cause of action. Plaintiffs Request for Judicial Notice, relating to documents filed in Contra Costa Superior Court Case No. P20-01100 is granted. (Cal. Evid. Code S 452(d).) Summary of Allegations This matter pertains to alleged mistakes made by Defendant Brian Dennis Young relating to work performed by him for Plaintiff. Such work was performed in his professional capacity as an attorney and concerned...

Excerpt: ...f entry of order to answer the FAC. Background Plaintiffs Adele Connor and Mirabel Connor filed suit against Defendants Ki Young Chung and Sarah Chung, alleging that Plaintiffs are tenants of 3580 Boyer Cir., Lafayette, California 945499 (the "Property"). The Property is alleged to be owned and controlled by Defendants. Plaintiffs allege that Defendants had notice of, and failed to remedy, substantial habitability issues, and retaliated against P...

Excerpt: ...ts were returned by the post offce. Follow up resulted in 27 new addresses, leaving 7 nondeliverable. No objections have been received; there have been 4 valid opt-out requests. The motion is granted. A. Background and Settlement Terms Defendant is in the business of developing and selling life science research and clinical diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 ...

Excerpt: ...und of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for unpaid off-the-clock time and untaken or shortened rest and meal breaks. This case was first filed by Iraheta on April 19, 2021 as a...

Excerpt: ...violations during the period of the initial COVID emergency'. After a demurrer was sustained to part of plaintiff's claim, her first amended complaint focused specifically on allegations that defendant unlawfully required employees to exhaust personal leave time before taking COVID-related sick time as authorized by emergency' statutory provisions. The total settlement payment is Out of this is to come attorney's fees of $41,667 (onethird of the ...

Excerpt: ...eliverable. No objections out have been received, and only one class member has opted out. The motion is granted. B. Background and Settlement Terms The original complaint was filed on October 5, 2021. A PAGA claim was added by later amendment. The settlement will create a gross settlement fund of The class representative payment to the plaintiff will be $7,5W. Attorney's fees will be $130,WO (one-third of the settlement). Litigation SUPERIOR COU...

Excerpt: ...aratory and Injunctive Relief and for Attorneys Fees. PG&E moves pursuant to Code of Civil Proc:edure S 437c on the grounds that the Second Amended Pettion challenging the Letter Agreement for Tree Removal is moot given the United States Bankruptcy Court's order rescinding and voiding the challenged Tree Removal Agreement. For the following reasons, the Motion is granted. Request for Judicial Notce PG&E requests judicial notice of several State a...

Excerpt: ...Jr. Defendants were served with a three-day notice to vacate the property on April 27, 2022. The Defendants have failed to vacate and unlawful detainer proceedings were filed on May 12, 2022. PL has brought a motion for summary judgment based on the pleadings, asserting that PL is entitled to summary judgment because there is no issue of triable fact regarding the unlawful detainer. Defendants object, asserting that they are tenants of the proper...

Excerpt: ...4 to 2023. Plaintiffs have sued Defendants for (1) negligence, (2) wrongful eviction, (3) premises liability, (4) breach of the implied covenant of quiet use and enjoyment, (5) intentional infliction of emotional distress and (6) retaliation. The complaint alleges that Defendants failed to maintain the property in a habitable condition and failed to make repairs after Plaintiffs requested them. (Comp. 11 and 12.) he complaint also alleges that De...

Excerpt: ...ing of any such 'sur-reply'. As such, the Court will not consider Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 additional, unauthorized filing. Defendant's Motion to Strike is granted. Factual Allegations See discussion line 2. Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of moton...

Excerpt: ... Ramon was destroyed by a fire in December 2020. Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy that insured the residence for loss caused by fire. Plaintiffs mcwe for an order compelling Safeco to participate in an SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 insurance appraisal to establish the value of t...

Excerpt: ...otion for summary judgment, or in the alternative, summary adjudication is continued to a.m. on September 20, 2023 #nding the filing of the FACC in accordance with this ruling. Background LH Concord Property, LLC and Andy Lin filed their original cross-complaint against Carlos and Susan Echegaray alleging causes of achon for declaratory relief, indemnification based on equitable indemnity, and apportionment of fault. Cross-defendants the Echegara...

Excerpt: ...tradeline on his credit report in September 2020, Plaintiff Terrence Brewer filed his original complaint on April 30, 2021. That complaint contained six causes of action brought under the Investigative Consumer Reporting Agencies Act (Civ. Code S 1786 et seq.) ("ICRAA") and the Consumer Credit Reporting Agencies Act (ld., S 1785.1 et seq.) ("CCRAA"). On August 18, 2022, Experian filed a Motion for Judgment on the Pleadings as to all six causes of...

Excerpt: ... reasonable and necessary. As outlined the Court will reduce the fees by $28mo, awarding National fees in the amount of $123,621.50. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 The Court finds that National's time entries reflect duplicative and/or excessive billing with respect to the preparation of the demurrers and reviewing the complaints....

Excerpt: ...nt contends that the SAC fails to allege facts sufficient to support each case of action (CCP S 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP S 431.10(f).) Defendant's Request for Judicial Notce is granted. (Cal. Evid. Code S 452 Plaintiff filed an "Opposition to Defendant's Reply to Opposition to Demurrer to SAC" on September 5, 2023. No 'sur-reply' was authorized by the Court. Further, Plaintiff cites no authority...