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2023.08.02 Motion to Compel Further Responses 934
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.08.02
Excerpt: ...NTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses received. (...
2023.08.02 Motion for Summary Judgment 503
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.08.02
Excerpt: ...nd slipped and fell due to water on the floor. Defendant's employees or agents responded, told Plaintiff to stay put, and called 911. Plaintiff alleges he incurred wage loss, hospital and medical expenses, general damage, and loss of earning capacity as a result of the fall. In their motion, Defendant states that Plaintiff was supplied as a room attendant by the staffing agency; Porter Pros, to work at the Fairmont. Defendant argues that the Fair...
2023.08.02 Motion to Compel Deposition of PMK 005
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.08.02
Excerpt: ...ce of Deposition of Defendant GM's PMK and requests for production of documents with the deposition to take place on January 17, 2023. (Sogoyan decl., 914, Exhibit 3.) On January 10, 2023, GM provided its response. (ld., 915.) The response consisted of general introductory objections as well as objections to each category of matters for examination. (ld., Exhibit 3.) In response to some examination requests, GM stated that without waiving its obj...
2023.07.19 Motions to Compel Deposition, for Sanctions 882
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.07.19
Excerpt: ... for their depositions, which shall take place in the next 60 days. Sanctions are granted in the total amount of 95M) On April 18, 2023, Plaintiff served notices to take the depositions of Defendants Jamie and Sami Halteh on May 23, 2023. (Kayne decl., 94.) On May 1, 2023, attorney Christopher Daley of the firm Phillips Spallas & Angstadt LLP, counsel for Jamie Halteh and Sami Halteh, confirmed in a telephone call with Plaintiff's counsel's colle...
2023.07.12 Motion for Summary Adjudication 557
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.07.12
Excerpt: ...23, the Dutts filed a cross-complaint against Montmorency alleging causes of action for quiet title, breach of contract/specific performance, declaratory relief, and breach of contract/specific performance (water rights). The cross-complaint alleges that the Dutts are owners of property located at 1400 Alexander Valley Road in Healdsburg ("Dutt Property" or "1400 AVR") and Montmorency is the owner of property located at 1410 Alexander Valley Road...
2023.07.05 Motion to Compel Deposition 795
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.07.05
Excerpt: ...ng the hearing on this motion, the motion will be GRANTED. The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Code Civ. Proc., S 2025.280(a).) The party noticing the dep...
2023.07.05 Motion for Relief from Arbitration Costs 908
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.07.05
Excerpt: ...at Delaware Law applies to this case and that Section 5712 does not prevent a party from renewing a request for reallocation of arbitration expenses. Thereafter, citing California authority, Plaintiff argues that the court has the inherent authority to modify the order to arbitrate as it sees fit. In its order to compel arbitration, this court noted that the parties' LPA states at secton 19.9 that it is governed by the Delaware Revised uniform Li...
2023.06.23 Petition for Release of Expired Mechanic's Lien 236
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.23
Excerpt: ...0 San Simeon Drive in Rohnert Park ("the Property"). Petitioners state that on or around February 14, 2022, Statewide recorded a Claim of Mechanic's Lien against the Property. The Petition states that Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the l...
2023.06.21 Motion for Summary Judgment, Adjudication 554
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.21
Excerpt: ...tion for summary adjudication of Plaintiff's cause of action for negligence based upon theories of vicarious liability, negligent hiring and retention, and negligent training is GRANTED. The motion as to the issues of negligent and negligence based upon duties imposed by the parties' special relationship are DENIED. Plaintiff John Dæ ("Plaintiff) alleges in his complaint that Defendant operated a facility for the care of sexually and physically ...
2023.06.14 Motion to Quash Service of Summons 470
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.14
Excerpt: ...n", together with 275, "Defendants"), and Does 2-20 with one cause of achon for declaratory relief (the "Complaint"). Walden moves to quash service of summons under Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that the Court cannot proceed without Walden, and the Court lacks personal jurisdiction over 275 due to its status as a terminated business entity. Walden has been added as Doe 1 after this motion was filed. Governing Law T...
2023.06.14 Motion for Protective Order 477
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.14
Excerpt: ..., or "Defendant") arising out of a contractual dispute. Defendant has subsequently filed a cross-complaint (the "Cross-complaint") against Plaintiff. This matter is on calendar for the motion by Defendant pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.420 for a protective order. The Motion is DENIED. The request for sanctons by Plaintiff are GRANTED. Governing Authorities "California law provides parties with expansive discovery rights." Lopez v...
2023.06.14 Motio for Preliminary Approval of Class Action and PAGA Settlement 591
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.14
Excerpt: ...ng date to consider Plaintiff's motion for final approval of the settlement and entry of the judgment, and Plaintiff's motion for approval of attorneys' fees, litigation expenses, and service payments. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for October 25, 2023, at 3:00 p.m., in Department 16. 1. Legal Standards A settlement or compromise of an entire class action, or of a cause of action in a class action, or a...
2023.06.07 Motion for Attorney Fees 887
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.07
Excerpt: ...of $20,645.75. This achon was filed by Plaintiff as a result of his default on a real estate loan and Defendant's foreclosure of Plaintiff's real property. As recorded in a secured promissory note, Plaintiff's prior company, Profit Recover Center LLC ("PRC"), borrowed from Defendant the principal sum of $350,CM, and agreed to repay that amount with interest at the rate of 14% per annum. (FAC, Exhibit A.) The note was personally guaranteed by Plai...
2023.06.07 Motion to Quash Subpoena Duces Tecum 486
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.07
Excerpt: ... harassed and discriminated against based upon her Mexican heritage and as a result of disclosing to her supervisors her diagnosis of borderline personality disorder ("bpd"). On or about March 7, 2023, Kaiser served a deposition subpoena and a notice to consumer seeking the production of employment/personnel records from Serenity Bean Therapy, Plaintiff's current employer. The subpoena seeks all documents/communications related to Plaintiff's job...
2023.06.07 Motion for Summary Judgment, Adjudication 554
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.07
Excerpt: ...ing is GRANTED. Plaintiff John Doe ("Plaintiff") alleges in his complaint that Defendant operated a facility for the care of sexually and physically abused school age boys. (Complaint, 93.) Plaintiff alleges that he resided in Defendant's "Hurlbut" house, that Defendant hired Patrick Royce Gray ("Gray"), and that during Plaintiff's stay at the Hurlbut house, Gray "groomed" Plaintiff and sexually molested him. (Complaint, "4, 9, 11, 15, 16.) In 20...
2023.06.02 Motion to Compel Further Responses, for Sanctions 629
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ...n of Documents, Set One, numbers 3, 5, 7, and 9. Plaintiff requests sanctons in the amount of $2,060.00 on each moton. The motion is GRANTED. However, the court will order the parties to confer about the details of the Belaire-West process, including the timing and content of the notice to class members. The court will set a Case Management Conference for June 27, 2023, at 3:00 p.m., in Department 16, to allow the parties to report their agreed o...
2023.06.02 Motion to Compel Further Responses, for Sanctions 451
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ... the $60 motion fee. In reply, Defendant requests sanctions be increased to $2,895.00. Defendant's motion to compel further responses to its form interrogatories and request for admissions, number 3, is GRANTED. The motion to compel further responses to Defendant's special interrogatories and requests for production of documents is DENIED. Sanctions are granted in the amount of $1,610.00. This is a malpractice action. Plaintiff alleges that he re...
2023.06.02 Motion to Compel Compliance with Subpoenas 907
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ...compliance with a subpoena, the moving party must first establish that the subpoena was properly served. Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (CCP S 2020.220(c).) Here, Shimadzu has not provided proof of service for any of the subpoenas that are the subject of t...
2023.06.02 Motion to Compel Arbitration 706
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ...nding completion of arbitration. This action was filed as the result of an automobile accident pursuant to which Plaintiff John W. Alger ("Plaintiff") sustained serious injuries. At the time of the accident, Plaintiff had an insurance policy with CSAA which provided underinsured motorist coverage in the amount of $100mo. On March 1, 2022, Plaintiff settled his claim against the underinsured Motorist for $15,0W.OO, the limit of her insurance polic...
2023.05.24 Demurrer 406
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.24
Excerpt: ...declaratory relief, and unfair business practices. The FAC alleges that Freeman is an auto dealership located at 2875 Corby Avenue in Santa Rosa and that hired defendant Northwest General Engineering, LLC ("Northwest") in 2018 to excavate, clear, haul away, and dispose of construction spoils. (FAC, 95.) Northwest specializes in grading, paving, and underground site work. (FAC, 96.) Plaintiff alleges that Northwest contracted with Toby's Trucking,...
2023.05.17 Motion to Set Aside Arbitration Order 342
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.17
Excerpt: ..."MBSR"). On June 2, 2022, defendants MBSR and Mercedes-Benz USA, LLC ("M8," together "Defendants") moved to compel arbitration of the matter under the parties' lease agreement. On August 17, 2022, the court granted Defendants' motion and ordered the parties to arbitration. Plaintiff filed this motion on March 13, 2023, stating that Defendants have failed to respond to Plaintiff's arbitration request. This motion is brought pursuant to CCP section...
2023.05.17 Demurrer 304
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.17
Excerpt: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...
2023.05.10 Motion to Vacate Dismissal 992
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.10
Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...
2023.05.10 Motion to Set Aside Default, Judgment 939
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.10
Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...
2023.05.10 Motion for Leave to File SACC 907
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.10
Excerpt: ...e motion is GRANTED. Shimadzu is directed to file its amended pleading within 10 days of this order. Shimadzu states that it recently discovered that plaintiff and cross-defendant Cutting Edge Solutions, LLC ("CES") transferred substantially all of its assets to another company owned and controlled by CES's owner, John Piccirilli, without observing any standard corporate formalities. Shimadzu states that this was done after CES became indebted to...
2023.05.03 Motion for Summary Judgment, Adjudication 143
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.03
Excerpt: ...ut to her car, her foot struck a ridge of dark asphalt- like substance, causing her to fall. Plaintiff alleges that the asphalt had been installed and maintained by Defendant and that she had complained to Defendant many times about the defect, which rose 1.5 to 2 inches above the ground, creating a dangerous condition. Despite these complaints, Plaintiff alleges Defendant did nothing to fix the dangerous condition. As a result of said breach, Pl...
2023.05.03 Demurrer, Motion for Leave to Amend SACC 872
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.03
Excerpt: ...rrer to Shep's first, second, and fourth causes of action is SUSTAINED without leave to amend. The demurrer to Shep's fifth cause of action for declaratory relief is SUSTAINED with leave to amend. At the original hearing on this matter on March 8, 2023, Shep argued that this motion was moot as it was directed to the original complaint. Shep also stated that they had not been given notice of the hearing. The court continued the matter to this cale...
2023.04.26 Motion to Stay All Proceedings Pending Resolution of Criminal Matter 529
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.26
Excerpt: ...s tentative ruling is to DENY the application for staying all proceed-ngs pending the resolution of the criminal matter against Defendant based on Plaintiff's notice of unconditional settlement and upcoming dismissal of this entire matter. Parties' appearance is required at the April 26 hearing to update the Court regarding the status of the criminal matter and pending dismissal of this matter. This matter involves a motor vehicle accident. The c...
2023.04.26 Motion for Entry of Judgment 735
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.26
Excerpt: ...red in the amount of $5,139.06 against the Defendant. Unless the parties request and appear for oral argument, the Court will sign the proposed order and judgment Plaintiff filed on April 18, 2023. Plaintiff brought this action against Defendant on June 10, 2022, to collect payment on a debt that Defendant owed to Plaintiff. On July 26, 2022, Plaintiff filed with this Court the Stipulation Agreement the parties entered into and signed, according ...
2023.04.26 Demurrer 310
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.26
Excerpt: ...y Complaint to allege causes of action for general negligence and intentional tort against Defendants (Amended Complaint, '1 10.) Plaintiff claims that she suffered wage loss, general damage, and as other damage, she specified "severe mental anguish, loss of consortium with son, depression, punitive damages, financial loss, loss of important time as well with son." (ld. at '1 11.) The Court notes, as Defendant points out in the demurrer, that tha...
2023.04.19 Motion to Strike 529
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...aintiff Michael Forte ("Plaintiff") and killing his wife, Gail Marie Forte ("Decedent"). Plaintiff alleges that Defendant has type 1 diabetes but willfully chose to drive knowing he was hypoglycemic resulting from diabetes medication and a 12-hour fast without food or water. Defendant knew that if he went too long without eating, the medication would cause his blood sugar to drop so low that he would suffer from adverse effects, including dizzine...
2023.04.19 Motion to Compel Responses 111
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...) Request for Admissions. Plaintiff requests sanctions in the amount of $6,282.50. The motion is MOOT. All requests for sanctions are DENIED. This action was filed by Plaintiffs against Defendants Douglas Raynor, Lasso Lane Development, LLC ("Lasso Lane"), and Raynor Electric ("Defendants") for various causes of achon based upon a residential lease agreement. Plaintiffs initially paid a $1,795.00 security deposit and a $1,000 pet deposit. They to...
2023.04.19 Motion to Compel Further Responses 183
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...2. Plaintiff and Defendant were previously in a domestic partnership, during which time they had children and purchased real property together. (See generally, Complaint, Cross-complaint.) Their relationship deteriorated for various reasons alleged in the parties' pleadings and they agreed to end ft, after which they entered into a written agreement for joint legal and physical custody of their children, for support, and for payment on property o...
2023.04.19 Motion for Terminating Sanctions, Evidentiary Sanctions, and Monetary Sanctions 326
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...e disputed ownership of real property Imrated at 6580 Barbara Drive, Sebastopol, California, 95472 ("Subject Property"). (See, Complaint, "1 18.) Plaintiff and Defendants share equal ownership and are shareholders of Blackwell Home, ("8+41"). (See, ld. at "7-9.) BHI funds were used to purchase the Subject Property, which Plaintiff claims the property ought to have been owned by BHI only, but which Defendant secretly and fraudulently transferred t...
2023.04.19 Motion for Entry of Default Judgment and Permanent Injunction 118
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...perties located at 3540 Oakhaven Court, Santa Rosa, formally known as APN 029-222-009 ("Oakhaven"), and 4064 Bayberry Drive, formally known as APN 029-222-010 ("Bayberry"), in the unincorporated areas of Sonoma County (together "the Properties"). The County alleges that the code violations on the Properties have created a public nuisance. The County states that, as of the time this motion was filed, it has incurred costs, attorney fees, and daily...
2023.04.19 Motion for Default Judgment and Permanent Injunction 986
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...also known as, Assessor's Parcel Number 055-220-015) ("Subject Pro#rty"). (Memorandum of Points and Authorities in support of the County's Motion for Default ["MPA"I, 991-15.) The County then inspected the property, observed the unpermitted structure, and served a notice and order to stop work on constructon personally to Defendant Ricky Googins and mailed the same to their address. (Ibid.) After a lack of response or appeal from Defendants on th...
2023.04.19 Demurrer to SAC 710
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...late 2020, the County performed an investigation of a complaint made against Plaintiff, a sworn peace officer as defined in Penal Code sections 830 and 830.1, by a member of the Board of Supervisors ("BOS"). The investigation was completed on December 11, 2020, and the BOS issued a Formal Notice of Outcome of Investigation. Thereafter, the Press Democrat requested the investigation documents pursuant to a Public Records Act request and the BOS in...
2023.04.12 Motion for Attorney Fees 096
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.12
Excerpt: ...ner filed this action against Respondent pursuant to Welfare & Institutons Code section 15657.03. The prevailing party in an action brought under this section may be awarded court costs and attorney s fees, if any. (Welf. & Inst. Code, S 15657.03(t).) Code of Civil Procedure section 1032 indicates that when a party recovers other than monetary relief, the court determines the prevailing party. Here, Petitioner is the prevailing party as, after a ...
2023.04.12 Motion to Compel Arbitration and Stay Case 644
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.12
Excerpt: ...dant. Prior to his employment at City Sports, Plaintiff had over 25 years in the health and fitness industry managing other commercial fitness facilities with similar business models as that of City Sports. In summary, Plaintiff alleges that City Sport's Regional Vice President of Fitness Sales, in part, made false promises to him; saddled him with work not required of other younger employees; failed to promote him as promised; promoted younger, ...
2023.04.05 Motion to Set Aside Conditional Settlement Agreement 244
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...the Property, the Referee determined that the minimum price for the Property set out in the settlement agreement is grossly excessive. He provides the following reasons why he believes the Property is worth less than half of the amount set out in the settlement agreement. It is a faux winery that has been converted to vinegar production, which is incompatible with wine production. All existing equipment would have to be removed and replaced to re...
2023.04.05 Motion to Consolidate 725
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ... consolidation will avoid unnecessary costs and delay as both cases can be tried as a single matter, eliminate the cost and expense of a second trial on the same facts, and promote judicial economy. This action involves plaintiffs Luisa Florencio Rivera ("Rivera"), Joanna Florencio ("Florencio"), and minor Felipe Carapia ("Carapia"), and defendants Thomas Louis Salazar ("Salazar") and David Michael Sullivan ("Sullivan"). The complaint alleges tha...
2023.04.05 Motion for Leave to File FAC 534
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...stic Bakery International, Inc. as a named defendant. The motion is GRANTED. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, ...
2023.04.05 Demurrer 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...he owns 1% of the Property. He began living at the Property in approximately 2006. At that time, he paid rent to Enrique. In 2014, Enrique informed his children, including Onel, that he agreed that his interest in the Property belonged to Onel's mother, Juana Ramirez ("Ramirez") and that Onel should pay rent to her, which Onel states he has done. However, One' alleges that Enrique later devised a scheme to deprive Ramirez of her interest in the P...
2023.03.29 Demurrer, Motion to Strike 346
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.29
Excerpt: ...ve to amend, Defendants' concurrently filed motion to strike is GRANTED without leave to amend, as to the entre complaint. . Procedural History This action arises from Plaintiffs default on his mortgage and subsequent foreclosure on his home located at 9688 Barnett Valley Road, Sebastopol, California, 95472. (Complaint, 3, 11-21; Demurrer, 13:24-28, 14:1-13.) Plaintiff brought two separate, nearly identical actions in this Court regarding the sam...
2023.03.22 Motion to Compel Forensic Exam of Cell Phone 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.22
Excerpt: ... on Plaintiff's cellphone on the date of the subject accident. Sanctions are granted in the amount of $1,050. Defendant argues that good cause exists to compel further response from Plaintiff requiring Defendant to produce his cell phone for inspection under Cal. Civ. Proc. Code SS 2031.310, 2016.040 because Defendant is only seeking relevant information that is admissible in evidence and reasonably calculated to lead to the discovery of admissib...
2023.03.15 Special Motion to Strike 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...
2023.03.15 Motion to Compel Mental Exam 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ... in the court's file. 2. Mental Examination Plaintiff does not object to the mental examination; he had stipulated to it and agrees that he put his mental state at issue. However, his dispute is over the conditions, scope, and nature of the mental examination. Plaintiff has requested that defense expert Dr. Sharon Perlman Berry's raw data materials be sent directly to his counsel; that his examination be audio recorded; and, that the scope and li...
2023.03.15 Motion to Arbitration All Claims and Stay Action 738
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...al Hospital. Plaintiff alleges that she has an insurance policy with Defendant which includes underinsured motorist coverage in the amount of $5COO[n. On August 22, 2022, Plaintiff settled her claim with the underinsured motorist for her policy limit of $15,0W. Thereafter, Plaintiff demanded payment from Defendant in the amount of $485,0Cü Defendant has refused to pay. Plaintiff's complaint alleges causes of action for breach of insurance contra...
2023.03.15 Demurrer, Motion to Strike 350
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...his is a "Lemon Law" case brought by Plaintiff concerning a 2016 Hyundai Sonata, VIN KMHE54L24GA021333 ("the Vehicle") which Plaintiff alleges she purchased on or about March 2016. (FAC 9.) Plaintiffs FAC alleges that the Vehicle is a 2016 Sonata Hybrid vehicle with a 2.0L 14F DOHC 16V GDI NU engine ("Nu engine"), instead of the Theta II 2.0 engine that was alleged in the original complaint and barred by res judicata as a result of class actions....
2023.03.08 Motion for Judgment on the Pleadings 708
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.08
Excerpt: ...on for breach of contract alleges that Defendant agreed to rent 701 Bailey Avenue in Petaluma for $2,000 a month. On or about January 8, 2021, he vacated the property leaving extensive damage, unpaid rent, and debris. Plaintiffs allege that Defendant owes $4,000 in unpaid rent, property damage repairs in excess of $25,000, and debris removal in excess of $5,000. Plaintiff's cause of action for conversion alleges that Defendant took a $30,000 cash...

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