The motion to consolidate is denied. However, the Court finds that the unlawful detainer action should be stayed, subject to appropriate conditions to be determined at a continued hearing. The continued hearing is hereby set for April 22, 2016, at...
HODGES vs. POWERS
Cross-Defendants Craig Hodges and Lucinda Jackson’s demurrer to the second, third, fourth, fifth, six, and eighth causes of action within the Cross-Complaint is OVERRULED. (Code Civ. Proc., section 430.10, subds. (e), (f), (g).) In reviewing the sufficiency of a pleading,...
HELMUTH KOSSART vs. LTP GENERATIONS
The City of Pleasant Hill’s demurrer to the Second Amended Complaint is overruled. The limited role of a demurrer is to test the legal sufficiency of a complaint. It raises issues of law, not fact, regarding the form or content...
WALL vs. BUSTAMANTE
The hearing is continued by the Court to April 15, 2016, at 9:00 a.m., in Department 34. The opening declaration of attorney Pritesh Kothary suffers from three defects: (1) the exhibits are not tabbed; (2) the deposition testimony is not highlighted, and; (3) defendant...
TANG vs. SAUL & JASONS LLC
Plaintiff’s application for a wit of attachment on the liquor license for the business known as Dan’s Irish Sports Bar located at 1524 Civic Drive, Walnut Creek, California 94596 is GRANTED. The amount to be secured is $198,000. This represents...
CCF HOLDINGS vs. CLASSICO FOODS
Continued by the court to April 22, 2015 at 9:00 a.m. The court received a Supplemental Reply/Declaration in Support of Dumaine Investments, LLC in Support of its Motion to Recover Attorney’s Fees Pursuant to Civil Code Section 1717 (filed March...
FRANK McGUIRE vs. THOMAS BRENK
Continued by the court to April 15, 2016 at 9:00 a.m. – per order at CMC of March 16, 2016. Defendant Kenneth M. Pregler’s demurrer to the complaint is continued to April 15, 2016, so that the parties may...
HODGES vs. POWERS
Cross-Defendants Craig Hodges and Lucinda Jackson’s demurrer to the second, third, fourth, fifth, six, and eighth causes of action within the Cross-Complaint is OVERRULED. (Code Civ. Proc., section 430.10, subds. (e), (f), (g).) In reviewing the sufficiency of a pleading,...
KIM vs. KWAK
Defendant Chin Gi Kwak and Hair Plus Beauty Supply, Inc.’s demurrer to the complaint is sustained in part and overruled in part. The demurrer was timely filed pursuant to the agreement, (Exhibit A to Declaration of Johnny Knadler.) The agreement...
DUNERWAY vs. FARNHOLTZ
Defendants’ Motion to Strike the prayer for punitive damages from the First Amended Complaint is GRANTED, without prejudice to plaintiff’s right to file a motion for leave to amend the complaint after plaintiff has conducted discovery concerning defendants’ reasons for...