The Realtor Defendants’ demurrer to the negligence, premises liability, and negligent misrepresentation causes of action is sustained without leave to amend. The existence of a legal duty to use due care is an essential element of a negligence cause of...

Defendant Wells Fargo Bank, N.A., successor by merger with Wells Fargo Southwest, N.A. formerly known as Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB’s general demurrer to each cause of action within the First Amended Complaint is sustained...

The Bank Defendants’ demurrer to the negligence, premises liability, and negligent misrepresentation causes of action is sustained without leave to amend. The existence of a legal duty to use due care is an essential element of a negligence cause of...

Defendant Neil Cooper’s motion to quash service of summons and First Amended Complaint is granted. California courts may exercise jurisdiction over nonresidents “on any basis not inconsistent with the Constitution of this state or of the United States.”  See CCP...

Plaintiffs’ Motion for Summary Adjudication is DENIED.  The request to continue the hearing until after the decision of the United States District Court in the case of Deutsche Bank v. CB Equities, Case No. 15-cv-03809-DMR, is DENIED.  Civil Code section...

Defendant Greenberg Taurig’s Motion for Summary Judgment to Enforce Settlement Agreement is DENIED.   A party is entitled to summary judgment if it establishes that the facts are undisputed and, on those undisputed facts, it is entitled to judgment as...

Defendant Asha Madoshi’s demurrer to the complaint is sustained in part and overruled in part.  The function of a demurrer is to test the legal sufficiency of other pleadings.  It raises issues of law, not fact, regarding the form or...

Defendant Contra Costa County Fire Protection District’s motion for summary adjudication is granted.  Plaintiff Lawrence Nunes has not exhausted his administrative remedies with respect to harassment and retaliation.  Administrative exhaustion of such remedies is a jurisdictional prerequisite to asserting civil...

Denied.  Leave to amend is discretionary.  (See Code Civ. Proc. §576.)  Unwarranted delay in presenting a proposed amendment and prejudice to the adverse party  are grounds for denial of a motion for leave to amend. (Roemer v. Retail Credit Co....

Denied.  Leave to amend, except for an initial amendment, is discretionary.  (See Code Civ. Proc. §576.)  Unwarranted delay in presenting a proposed amendment is grounds for denial of a motion for leave to amend. (Roemer v. Retail Credit Co. (1975)...