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2019.6.26 Motion to Quash 110
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.26
Excerpt: ... of business in Chattanooga, Tennessee. Defendants are in the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member compa...
2019.6.26 Motion to Compel Answers, to Deem Admissions Admitted, to Compel Production of Docs 153
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.26
Excerpt: ...ert plaintiff's objections are waived and monetary sanctions should be ordered. Relying on Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, plaintiff contends that his objections need not be verified therefore he did not waive his right to object. In Food 4 Less, the court framed the issue, and reasoned as follows: What then is the appropriate procedure if a party tenders a hybrid response containing objections and fact...
2019.6.26 Demurrer 375
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.26
Excerpt: ...damages. In the form complaint, plaintiffs allege the following causes of action: (1) breach of contract; and (2) common counts. Defendant demurs to both causes of action. He argues plaintiffs have failed to state a cause of action and that the claims are uncertain because the form complaint is not correctly filled out. He also asserts that the promissory note and letter of intent, which are attached to the complaint, have been superseded by an a...
2019.6.26 Demurrer 263
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.26
Excerpt: ... violation of GC § 12940(h) (retaliation); 3) violation of GC § 12940(k) (failure to prevent harassment); 4) negligent infliction of emotional distress; 5) breach of the implied covenant of good faith and fair dealing; 6) constructive discharge; 7) violation of California Wage Orders and Labor Code- overtime; and 8) violation of California Wage Orders and Labor Code- meal and rest breaks. This matter is on calendar for the demurrer by Defendant...
2019.6.19 Demurrer 047
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.19
Excerpt: ... L&V provided that, “Client acknowledges that Stephen Power has agreed to pay for legal services performed by L&V and authorized L&V to invoice and collect from Mr. Power. Client acknowledges that Client shall be responsible for any fees and costs not paid by Mr. Power or his designee.” (Exh. A to Second Amended Complaint.) L&V filed suit against Stephen Power (Patricia's cousin-in-law) in Solano County Superior Court to recover unpaid attorn...
2019.6.19 Demurrer 612
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.19
Excerpt: ...gs, intentional infliction of emotional distress. Per plaintiffs, “[d]efendants orally uttered to others, or caused to be published words which tended directly to injure Heyman and Patterson with respect to their office, profession, trade or business.” (SAC, ¶187.) Specifically, plaintiffs allege the following conduct by defendants in the intentional infliction of emotional distress cause of action: On information and belief, plaintiff alleg...
2019.6.19 Motion to Vacate Dismissal 133
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.19
Excerpt: ...ppeared at the trial in this debt collection action and the court dismissed the case with prejudice for lack of prosecution. Plaintiff now moves for discretionary relief vacating the dismissal on the ground of excusable mistake based on the court's purported “administrative error.” According to plaintiff's counsel Jason Tang's declaration, counsel never received notice of the trial date from the court. Plaintiff's counsel states he only disco...
2019.6.5 Motion to Compel Further Discovery Responses 906
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.5
Excerpt: ...es not dispute this but simply argues Form Interrogatory 15.1 is “premature” because the parties are in the “midst” of discovery. She further asserts her responses are substantive since they relate to plaintiffs' core claims regarding habitability of the rental home. Plaintiffs have a right to conduct discovery to investigate the defenses asserted in response to the Complaint and to prepare their case for trial. (Emerson Electric Co. v. S...
2019.6.5 Motion to Set Aside Dismissal 237
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.5
Excerpt: ... the expectation and mutual understanding with Plaintiff that Plaintiff would retain and substitute new counsel, and Plaintiff's counsel thereafter failed to calendar and track the action. Plaintiff did not obtain new counsel and counsel lost touch with Plaintiff. Plaintiff and counsel have re-established contact and Plaintiff's counsel has agreed to seek relief from the dismissal and proceed with the case. The Motion is GRANTED. CCP § 473(b) pr...
2019.6.5 Motion for Final Approval of Class Action Settlement 549
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.6.5
Excerpt: ...ment. Ravina objects on the ground that the release in the settlement agreement is overly broad because it releases civil and statutory penalties “that have been or could have been asserted by Plaintiff, Plaintiff's Counsel or any Class Member arising out of or relating to the Action.” Per Ravina, plaintiff in this action must have at least alleged claims supporting civil and statutory penalties if she is going to include a release of them as...
2019.5.31 Motion to Consolidate 696
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.31
Excerpt: ...l); 2) violation of Federal Fair Housing Laws; 3) violation of the California Fair Employment and Housing Act; 4) violation of the Unruh Civil Rights Act; 5) unfair business practices (based on discrimination and attempts to increase Plaintiff's rent in violation of Cal. Pen. Code § 396); and 6) negligence. This matter is on calendar for a motion by Plaintiff to consolidate this case with the later-filed unlawful detainer action brought against ...
2019.5.31 Demurrer 939
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.31
Excerpt: ...f claims since she filed her complaint. Her former supervisor, defendant Robert Millhouse, now demurs to the only remaining cause of action alleged against him: intentional infliction of emotional distress. As stated in Hughes v. Pair (2009) 46 Cal.4th 1035, 1050–1051: A cause of action for intentional infliction of emotional distress exists when there is “ ‘ “ ‘(1) extreme and outrageous conduct by the defendant with the intention of c...
2019.5.22 Special Motion to Strike 687
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.22
Excerpt: ...with respect to settling the underlying personal injury are “absolutely privileged” under Civ. Code § 47(b). Defendants assert that any causes of action are subject to strike under CCP § 425.16(e). Defendants also argue that Plaintiff cannot demonstrate a likelihood of success on the merits because the Complaint is barred by the doctrines of collateral estoppel and/or res judicata. Plaintiff opposes, arguing that Defendants false statements...
2019.5.22 Motion to Consolidate Action 549
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.22
Excerpt: ...the pleading stage. Plaintiff Ravina is a settlement class member in Hugh, but she has opted out of the settlement class in Hugh. CCP §1048(a) provides: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to av...
2019.5.22 Motion to Quash Subpoenas for Business Records, Request for Judicial Notice of Complaint 621
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.22
Excerpt: ...s conduct. In turn, however, Griffin has failed to meet her burden of submitting some showing that the medical records sought are not directly related to the issue she has tendered in court not limiting the records produced to no more than three years prior to March 31, 2018 is appropriate. Griffin has put her loss of earnings and the reason for her alleged constructive termination at issue by bringing this action, and Barich has a legitimate and...
2019.5.15 Demurrer 251
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.15
Excerpt: ... Timber Cove Properties subdivision. By this complaint, plaintiffs seek, inter alia, a judicial determination that plaintiffs have a right to use and maintain the portions of the pedestrian and equestrian easements that traverse the parcels owned in fee by defendants ANN VERNON, RUSSELL SMITH and MERIN S. MC CABE.” (FAC, ¶1, fn. 1 omitted.) Specifically, the following causes of action are alleged in the FAC: (1) to quiet title to private easem...
2019.5.15 Motion to Compel Further Responses 413
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.15
Excerpt: ...the motion within thirty (30) days of service of the Court's final ruling. Plaintiff has demonstrated “good cause” for the requested documents and has stated sufficient facts showing that the information sought is “relevant” to this case and will “reasonably assist…in evaluating the case, preparing for trial, or facilitating settlement…” (Code Civ. Proc. §2017.010; see also, Lopez v. Watchtower Bible & Tract Society of N.Y., Inc....
2019.5.15 Motion to Strike Punitive Damages 113
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.15
Excerpt: ...998) 67 Cal.App.4th 1253, 1255.) As argued by defendant, broad allegations that a defendant acted maliciously and willfully are insufficient. (Austin v. Regents of University of California (1979) 89 Cal.App.3d 354, 359, disapproved on other grounds by Ochoa v. Superior Court (1985) 39 Cal.3d 159.) To warrant punitive damages, the act complained of must be willful, in the sense of intentional, and must be accompanied by aggravating circumstances, ...
2019.5.8 Motion to Require Security, for Dismissal of Litigation 798
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.8
Excerpt: ...ngs and the alleged taking of plaintiff's personal property. Defendant Bettencourt is the Administrator of the Estate who filed the unlawful detainer and defendants Jensen and Blonski are attorneys who represented the parties in the eviction case. Per CCP §391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the...
2019.5.8 Demurrer 353
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.8
Excerpt: ...um of $1,000 per month of unpaid rent arising from occupancy of the Trustor's real property, from 2010 to the Trustor's death. All deduced rent amounts shall than [sic] be added to the share passing to LYNDA CATENACCI, pursuant to the provisions of Section 4.02(B)(2) below.” (Amended Petition, ¶9.) However, the petitioner does not state what construction he would have the court impose, or whether that is contrary to the other party's construct...
2019.5.8 Demurrer 687
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.8
Excerpt: ...art of the settlement in the Personal Injury Case, Defendants fraudulently under declared their net worth in order to induce Plaintiff into taking a lower settlement. Plaintiff alleges that had Defendants declared their true net worth he would not have agreed to the settlement in the Personal Injury Case. Demurrer to Answer Plaintiff contends that Defendants' Answer to the Complaint contains 35 affirmative defenses “which are uncertain, unsuppo...
2019.5.8 Motion for Leave to File Amended Petition 957
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.8
Excerpt: ...3d 1045, 1047.) Despite this, there are a number of considerations unique to this case that support the court's finding that allowing this amendment now is not in the furtherance of justice. The court ordered on February 9, 2018, that Mr. Maciel shall not act as agent to either Joseph or Judith Gappa (Joe or Judy) under any durable powers of attorney, or in any fiduciary capacity on behalf of either of them or their trust. The only remaining basi...
2019.5.8 Motion to Strike 185
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.8
Excerpt: ... opposition declarations. Such evidence is improper. As CCP §437(a) provides: “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” The complaint in this action alleges one cause of action for declaratory relief as to the parties' respective insurable interests in the subject real property. Defendant moves to strike various allegatio...
2019.5.8 OSC Re Preliminary Injunction 983
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.8
Excerpt: ...laintiff's allegations that Defendant acted in bad faith and in violation of the law during a loan modification review process. Plaintiff's underlying Complaint states five causes of action. First, Plaintiff asserts a cause of action under Civil Code section 2924.11 based on Defendant's alleged “dual tracking” violations. Specifically, Plaintiff alleges that Defendant “dual tracked” the foreclosure process by recording a Notice of Trustee...
2019.5.1 Motion to Set Aside Default 602
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2019.5.1
Excerpt: ...ubdivision (d) of Section 473 for lack of proper service of the summons and complaint. Subdivision (b) of CCP §473 states in pertinent part that: “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the...

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