Defendant Chapman’s Motion to Strike the Complaint is denied. Pursuant to Code of Civil Procedure section 436, subdivision (b), the court may, in its discretion, strike out all or any part of any pleading not drawn or filed in conformity...

Before the Court is Plaintiff Whitney R. Leeman’s (“Leeman” or “Plaintiff”) Unopposed Motion to Approve Proposition 65 Settlement and for Entry of Consent Judgment. For the reasons articulated below, the Court grants the Motion. This action pertains to alleged violations...

The demurrers to the First, Second, and Third Causes of Action of the First Amended Complaint (“FAC”) are SUSTAINED. Fraud must be alleged with specificity. Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216. This...

Motion to set aside default is granted with the condition that moving party pay Plaintiff’s reasonable attorney’s costs in an amount to be determined. Both parties are ordered to appear at hearing date. Defendant should be prepared to address deficiencies...

Defendant Domenic Cannizzaro’s demurrer to the Second (Breach of Fiduciary Duty), fourth (Breach of Contract) and fifth (Fraud – Promise With No Intent to Perform) causes of action in the Second Amended Complaint (“SAC”) is overruled. While Exhibit A to...

Defendants Wells Fargo Bank, N.A. and U.S. Bank, N.A.’s general demurrer to each cause of action within the Second Amended Complaint is sustained without leave to amend. (Cal. Code Civ. Proc., section 430.10, subd. (e).) Leave to amend is denied,...

The motion for summary judgment by defendant Contra Costa County Sanitary District (the “District”) is DENIED. The motion for summary adjudication by defendant District regarding count one (Prem. L-2) is GRANTED. A claim for general negligence is not available against a...

The motion for summary judgment by the County of Contra (the “County”) is DENIED. A triable issue exists regarding whether the County had the power to prevent, remedy, or guard against the dangerous condition (the difference in elevation between the...

Respondents have brought what they style a request for “modification” of a preliminary injunction. This request is denied, on both procedural and substantive grounds. Procedural Issue Respondents’ request is a misnomer, because the Court has not yet issued a preliminary injunction...

Petitioners’ request for a preliminary injunction is hereby denied. The temporary restraining order, issued on October 23, 2014, is hereby dissolved. The basis for this ruling is as follows. Procedural Issue Petitioners’ request for injunctive relief is made pursuant to section...