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2023.08.16 Motion to Compel Responses 354
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ...acts and History Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowing the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a mo...
2023.08.16 Motion to Compel Further Responses 482
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ...efendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff served Defendant on September 1 2022 with a first set of written discovery, including Requests for Production of Do...
2023.08.16 Motion for Leave to File Complaint 061
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ...fs' lane, directly in Plaintiffs' path, causing Plaintiffs to crash and be ejected into the road. Defendant answered on March 2, 2022. Motion Defendant moves the court for leave to file a cross-complaint against Plaintiff Charles J. Pettibone, Ill ("Charles") for equitable indemnity and contribution. He argues that discovery obtained during this litigation indicates that Charles made statements indicating that Charles was negligent and wholly or ...
2023.08.16 Demurrer to FAC 292
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ...al property (the "Property"). They allege that Defendant's Permit and Resource Management Department ("PRMD") contacted them in June 2018 regarding the unpermitted work and informed Plaintiffs that they could seek an agricultural building exemption permit (the "Permit") for the Barn under Sonoma County Code (the "County Code") section 7- When Plaintiffs submitted the Permit application, they allege, Defendant's staff told Plaintiffs that the site...
2023.08.16 Demurrer 092
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ... and managerial employee of City, began discriminating against him due to disability and his age, ultimately terminating him after he tried to assert his rights under the Fair Employment and Housing Act ("FEHA"). Plaintiff alleges that while an employee of City, in September 2013, he suffered a stroke which caused a mild cognitive injury which impaired certain abilities to learn new information but otherwise did not greatly impair his ability to ...
2023.08.16 Motion to Compel Further Responses, for Monetary Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ... died as a result of the negligence and neglect when she was in the care of Defendants. They allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her deat...
2023.08.09 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 916
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.09
Excerpt: ...ed the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $3,514.10, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on January 10, 2023 and obtained a default judgment against them on March 6, 2023 for $4,412.26. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included one set...
2023.08.09 Motion for Judgment on the Pleadings 612
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.09
Excerpt: ... common counts. On May 11, 2022, Defendant filed an answer. On June 17, 2022, Plaintiff served Requests for Admissions, Set One ("RFAs"), on Defendant. Plaintiff subsequently moved the court to order the Requests for Admissions, Set One, be deemed admitted against Defendant. The court granted the motion in full after the hearing of December 14, 2022. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint again...
2023.08.09 Demurrer 989
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.09
Excerpt: ...e"), Lloyd T. Phillips ("Lloyd"), Phillips Trust, and Phillips J & S Family Trust ("JS Trust") breached an agreement (the "Agreement") to manage the Property as a rental property. He alleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks suc...
2023.08.09 Demurrer 547
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.09
Excerpt: ...es that she was on October 24, 2022, lawfully walking in the parking lot of the Premises, through the landscaping section of the Premises, in order to enter the Yogurt Time business on the Premises, when she tripped and fell as a result of an overly high and dangerous curb. She complains that Defendants negligently owned, operated, and maintained the Premises, causing the dangerous condition. The complaint identifies two causes of action: 1) negl...
2023.08.02 Motion for Reconsideration 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ...motion was entered on April 18, 2022. Defendants Rachel Averbuck ("Averbuck") and Jennifer Jill Hale ("Hale") on February 24, 2022, filed a motion to compel Plaintiff to attend an independent medical examination ("IME"). Defendant Jenna Lynn Riley ("Riley") joined in the motion. Plaintiff, now self represented, on May 13, 2022, filed a "Request for Case to be Put on Hold While Seeking New attorney," in which she informed the court that she was se...
2023.08.02 Demurrer, Motion to Strike 522
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ...of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs Mark Stokes ("Stokes"), Larissa May Torkelson Smith ("Torkelson"), and John Fradelizio ("Fradelizio") (collectively, Stokes, Torkelson, and Fradelizio are the "Individual Plaintiffs"), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. ("ABD"), seek declaratory relief regarding their ability to compete with Defend...
2023.08.02 Motion for Leave to File FAC 605
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ...sts of two assessor's parcels, one without street frontage (the "Rear Parcel") and one along West Spain Street (the "Front Parcel"), and the Mattson Property borders real property at 10 West Spain Street, Sonoma, which belongs to Defendant State of California (the "State"). Plaintiff alleges that the Property at issue is a "sliverof land" running the entire property boundary between the Front Parcel and the State Property, about 157 feet long and...
2023.08.02 Motion to Deem RFAs Admitted 586
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ...llegedly owes it on a credit account which it purchased from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022, with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant...
2023.08.02 Motion for Summary Adjudication 018
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ...s failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the alleged wife of Steve, Mary Bates ("Marv") (collectively, "Cross Complainants"), filed a cross-complaint against Plaintiff as well as Plaintiff's alleged principal, Michael Stutes ("S...
2023.08.02 Motion to Compel Full Satisfaction of Judgment, for Attorney Fees 959
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ... 2023, Plaintiff filed a full acknowledgment of satisfaction of judgment, but this does not render the motion moot because Defendant seeks, and is entitled to, attorney's fees and costs. Facts and History Asserting common counts, Plaintiff filed this action to collect money which it alleged Defendant owed. Defendant failed to appear to defend the action so on October 8, 2020, Plaintiff obtained an entry of default against Defendant, followed by a...
2023.08.02 Motion to Exonerate Bond 652
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ...a ("the Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph B. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of Adams, advised Adams that the latter should, based on legal advice, form and transfer his assets to Defendant Lonestar Inves...
2023.08.02 OSC Re Preliminary Injunction 283
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.02
Excerpt: ..., complains that Defendants have improperly attempted to foreclose on a deed of trust ("DOT") recorded against the Property to secure a mortgage loan (the "Loan"). She asserts the following causes of acton: 1) Defendants violated Civil Code ("CC") section 2923.5 by failing to notify her about possible foreclosure and waiting 30 days after notice before recorded the notice of default ("NOD"); 2) Defendants violated CC secton 2924(a)(1) because the...
2023.07.26 Motion to Transfer Case to Appropriate Court 892
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.26
Excerpt: ...ecklessly caused an automobile accident on State Route 29 in Napa, California, near Imola Avenue which resulted in Decedent's death. He adds that Jevarian was intoxicated or under the influence of alcohol at the time, having consumed alcohol before the accident despite knowing that she would be driving. He complains also that the accident resulted wholly or partly from a dangerous condition in the signage and configuration of that intersection an...
2023.07.26 Motion to Enforce Settlement Agreement 969
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.26
Excerpt: ...ed to as NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege t...
2023.07.26 Motion for Leave to File SAC 905
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.26
Excerpt: ...n behalf of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP under a loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly entered into an agreement to sell a general partner interest. The action has seen significant litigation since it was filed, including a motion by DFLP, joined by Lynn and the other pa...
2023.07.26 Motion for Leave to File SAC 254
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.26
Excerpt: ..., according to the explanation in the motion, Plaintiffs have removed any claim for, or reference to, punitive damages. Plaintiffs attach a copy of the proposed SAC. There is no opposition. Service Plaintiffs filed proof of service for this motion showing only electronic service on an attorney, Caitlyn M. Harris ("Harris") but Defendant has not appeared in this action in any way and Harris is not her attorney of record. Service is therefore defec...
2023.07.26 Demurrer 693
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.26
Excerpt: ...were ultimately found to owe substantial unpaid taxes and penalties. Plaintiffs allege that they are winemakers operating a business as DNA Vineyards (the "Business"), they hired Defendant, a certified public accountant ("CPA"), to provide the services and prepare and file their tax returns starting with their 2014 return, Defendant initially prepared an amendment to their 2013 return before preparing and filing their returns for the 2014 through...
2023.07.19 Motion to Reclassify Case to Limited Civil Jurisdiction 876
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.19
Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...
2023.07.19 Motion to Compel Responses, for Sanctions 668
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.07.19
Excerpt: ...D FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements ...

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