Excerpt: ...all serve and file notice of entry of order. Plaintiffs have 30 days from written notce of entry in which to amend. Defendants have 30 days from service of an amended complaint in which to respond. Background and Allegations Plaintiffs Kenneth Angley and Shirley Angley filed this medical malpractice action on January 26, 2023. Plaintiff Kenneth Angley suffered a stroke on April 26, 2022 after which he presented to John Muir Medical Center for tre...

Excerpt: ...located 25 Arlene Lane, Walnut Creek, California 94595 ("the Property"). Plaintiff Bryan Kappel, Jane Kappel's son, has resided at the Property at all relevant times. On May 28, 2019, Plaintiffs filed this action against Defendant Contra Costa Sanitation District ("Central San") for Dangerous Condition of Public Property (Gov. Code 5835), Nuisance (Civ. Code S 3479, et seq.), and Inverse Condemnation (Cal. Const., Art. l, S 19), related to a sani...

Excerpt: ...on for a protective order is granted as discussed below. The request for sanctions is granted as discussed below. Counsel for all parties required to appear. Factual Background This Moton relates to actions taken by Plaintiff's Counsel in obtaining documents from third-party Heritage Bank of Commerce ("Heritage"), which Defendants claim were unethical and done in contravention of the procedures set forth in the Code of Civil Procedure. On June 9,...

Excerpt: ...C and the prayer for relief on the grounds that "the language arises out of inadmissible settlement communications." For the following reasons, the motion is denied. Legal Standard Code of Civil Procedure ("CCP") S 436 provides: The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike ou...

Excerpt: ...ve Trust (Civ. Code S 2224); (5) Adverse Possession; (6) Fraud (Promise without intent to perform); (7) Breach of Contract (Damages); (8) Breach of Contract (Rescission); (9) Financial Elder Abuse (Welt & Inst. Code S 15610.30); (10) Trespass (Intentional Tort). Defendants demurrer to all the causes of action set forth in the SAC on various grounds. First, they contend that all causes of action (except CoA 5 — Adverse Possession) are barred by ...

Excerpt: ...t. Any amended complaint shall be filed and served on or before September 18, 2023. Meet and Confer Defendants' declaration documenting efforts to meet and confer is insufficient in that it fails to indicate the "means by which" defendants met and conferred with the plaintiff and whether such efforts were "in person or by telephone." (Code Civ. Proc., S 430.41 (a) and (a)(3)(A).) However, failure to meet and confer in compliance with the statute ...

Excerpt: ...o be substantively the same — as are the oppositions thereto. As such, the Court will rule on the Motions as a whole. The Defendants' Request for Judicial Notice is granted. (Cal. Evid. Code S 452(d)(1).) For the reasons set forth below, Defendants' Motions are granted. Procedural Background Plaintiff filed the initial Complaint on September 15, 2022. It appears the Defendants were served with the Complaint on September 27, 2022. Thereafter, th...

Excerpt: ...ained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (First Amended Complaint, labeled "Amended Complaint" ("FAC") 10, 11. 16, 17.) He alleges he suffered prolonged or permanent damage to his trigeminal nerve which has caused "severe, debilitating, life-long pain." (FAC 13.) He asserts the injections were negligently administered and that he w...

Excerpt: ...hat all parties have captioned their papers as if Midstate were the only cross-defendant on this cross-complaint (which was true on Fryer's original crosscomplaint). In fact, there are two other cross-defendants here, both of which have answered. 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...

Excerpt: ...t 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 violations concerning missed meal breaks, rest breaks, and second meal breaks for long shifts. This case was first filed on June 17, 2021, as a PAGA action (not a class action). The total sett...

Excerpt: ... including the Statement of Decision dated November 16, 2022, the Notce of Appeal filed on January 3, 2023, the Notice of Related Cases filed on August 18, 2023 (including this case), and the minute order dated August 22, 2023. Based on these documents, the Court implements a stay and sets a status hearing for January 24, 2024 at 8:30 a.m. in this Department. On that date, assuming this case is still pending, parties are requested to appear and u...

Excerpt: ...ction for breach of contract and breach of the implied covenant of good faith and fair dealing, respectively. Defendant's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (b), (c).) Plaintiff's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452(h).) For the following reasons, Defendant's MSA is granted in part and denied in part as explained below. Factual Background This matter pertains to work perfo...

Excerpt: ...n Esquivel, a minor, by and through her guardian ad litem, Jennifer Barnes, filed this action against Defendant Contra Costa County on March 21, 2019. Plaintiffs allege that County, through its Contra Costa Regional Medical Center staff, negligently managed Tammy Esquivel's labor and delivery resulting in a severe hypoxic brain injury to Evelyn. Plaintiffs filed a notice of conditional settlement On August 17, 2020 and Judge We] approved the sett...

Excerpt: ...face and is denied. Section 664.6(a) states: If parties to a pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in ful...

Excerpt: ...aintiff did not deliver copies to a Corteva officer or to a designated agent for service of process, nor did he serve the documents upon Jim Johnston or Monica Peters, who are two individual SA defendants who are moving to quash the Summons as well as the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/31/2023 9 entity, Corteva. On April 12, 2023, Plaintiff filed proofs o...

Excerpt: ...For the following reasons, the motion is granted. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) Relevant Law Civil Code S 910 provides: Prior to filing an acton against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures. Section 910 and the ...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508- 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/30/2023 Plaintiffs Jorgen Vindum and Carolyn Vindum as Trustees of the Vindum Family Trust ("Vindums" or "Plaintiffs") allege their residence in San Ramon was destroyed by a fire in December 2020. (Proposed Second Amended Complaint ("2AC") "1 1, 10, 14, 16.) Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy t...

Excerpt: ...ylvia Dudum FLP ("Dudum FLP") as owner and Kissane Company, Inc. as prime contractor for a commercial mixed-use development known as the "Clocktower Project" at a property located in Danville. (FACC 8, 9.) In their FACC, Cross-complainants Dudum FLP and Jack Dudum allege a seventh cause of action against cross-defendant Sean Joy for defamation. Joy generally demurs to that cause of action. Standards Governing Demurrer In ruling on the demurrer, t...

Excerpt: ...e Moton is denied. Request for Judicial Notice Defendants request judicial notice of the Contractor's State License Board Detail Information for Priceless Kitchen and Bath and the Registrar of contractors, contractors state License Board SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Department of Consumer Affairs, Order to Adopt Stipulated Settlement (as ...

Excerpt: ...nt Golden Rain Foundation ("Defendant" or "GRF") beginning in early 2002. Plaintiff was a member of a union and was represented by Local Union, Laborers' Union No. 34 (the "Union"). Defendant and the Union entered into a collective bargaining agreement ("C8A"), which was renewed in March 2022. Plaintiff was covered by the CBA as a member of the Union. It appears that in July 2020, GRF issued a 2020 Employee Handbook ("Handbook") to all employees....

Excerpt: ...t a proposed order consistent with this ruling and serve and file notice of entry of order. Defendants shall have 15 days from notice of entry of order in which to answer the Second Amended complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Allegations of the SAC This action arises out of the custodial care and treatment provided to Dwayne Rideau wh...

Excerpt: ... defendant served formal responses to the discovery, objecting to all requests and interrogatories principally on the ground that defendant's arbitration motion was pending (although, for preservation, defendant also stated a number of other boilerplate objections). Thereafter, plaintiff's opposition to the arbitration motion convinced defendant that the motion would be denied, and defendant withdrew it. Defendant then assured plaintff that it wa...

Excerpt: ...tion, which include detailed procedural and substantive requirements for bringing those motions. Plaintiffs motion is denied on that basis, without prejudice to Plaintiff filing a motion for summary judgment and/or summary adjudication in conformity with the Statute and Rules of Court. The party moving for summary judgment has the burden of persuasion to show there is no triable issue of material fact and thus it is entitled to judgment as a matt...

Excerpt: ...023. Background Plaintiff generally alleges that after his spouse passed away, he was denied his community property SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 interest in assets formerly held in accounts in his spouse's name at Principal Securities, Inc. Plaintiff sued his spouse's daughter Anita L. Budde, the financial firms that held or were otherwise affil...

Excerpt: ... costs, administrative costs, and a class representative payment. Since preliminary approval was granted, the administrator has mailed notices to 27 class members. After follow- up, only one notice was non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Prior Rulings and Judicial Comment When plaintiff's preliminary approval moton first came up for hearing, the Court indicated generally that the set...