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2023.05.17 Motion for Entry of Judgment 103
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.17
Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...
2023.05.17 Motion for Default Judgment, for Permanent Injunction, for Money Judgment for Costs, Fees, and Civil Penalties 979
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.17
Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...
2023.05.10 Motion to Compel Arbitration and Stay Proceedings 905
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.10
Excerpt: ...("FAC") sets forth causes of action for: 1) breach of contract; 2) derivative breach of contract on behalf of DFLP; 3) breach of fiduciary duty; and 4) derivative breach offiduciary duty on of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP undera loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly ente...
2023.05.10 Motion to Compel Answers to Post Judgment Discovery, for Sanctions 780
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.10
Excerpt: ...s breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $5,990.29, plus interest. Defendants failed to appear, so Plaintiff took their default on November 18, 2021 and obtained a default judgment against them on January 6, 2022. Post-Judement Discovery Plaintiff served Defendants by mail with post-judgment discovery on February 7, 2022; the discovery included one set of production dema...
2023.05.10 Demurrer 989
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.10
Excerpt: ... 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 such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly pa...
2023.05.03 Motion to Compel Further Responses, for Sanctions 370
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ...errogatories and Special Interrogatories from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further Responses to Requests for Admission from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further R...
2023.05.03 Motion for Summary Adjudication 803
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ...nts provided inadequate insurance coverage to compensate them following fire damage to the Property ("the Loss"), and in bad faith failed to pay amounts owed under the Policy for the loss. They allege that Defendant State Farm General Insurance Company ("State Farm") had issued the Policy, while Defendants Christine Cline ("Christine"), Ethan Cline ("Ethan"), and Kate Chase ("Kate") were insurance brokers or agents who had procured the Policy fro...
2023.05.03 Motion for Protective Order and Sanctions 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ...at 801 E. Washington Street, Petaluma (the "Property"). The Estate of Harriet Knott (the "Estate"), through its administrator Patrick Galligan ("Galligan"), filed a complaint against Plaintiff which has consolidated into this case with a cause of action for unlawful detainer ("Estate's Consolidated Complaint"). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith ("Cross-complainants") filed a cross-complaint ("Cross-...
2023.05.03 Demurrer, Motion to Strike 230
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...
2023.04.26 Demurrer to SAC 236
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...iff"), filed this action against Respondents/Defendants PHH Mortgage Corporation ("PHH"), Altisource Solution Inc. ("Altisource"), Realhome Services and Solutions Inc. ("Realhome"), Premium Title of California ("PTC"), and Raymond Jereza ("Jereza") (collectively, "Defendants"), apparently to quiet title to real property at 7319 Witter Road, Sebastopol ("the Property"). After she filed the original complaint, captioned "Quiet Title Suit," she file...
2023.04.26 Motion for Mistrial 168
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...der to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri ("Plaintiff") to this acton sought to inspect the records of Defendant/cross- Complainant Shear Builders, Inc. ("SBI"). Alleging that he and Defendants Rod Matteri ...
2023.04.26 Motion to Amend Judgment 606
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...December 6, 2012, the court entered a judgment along with a stay of enforcement. 80th parties brought motions challenging the judgment. Defendants moved to vacate judgment and enter a new and different judgment or judgment notwithstanding the verdict. The court denied Defendant's motions. Plaintiff moved for a new trial and the court granted this on some causes of action, intentional and negligent misrepresentation, but otherwise denied the motio...
2023.04.26 Motion to Deem RFAs Admitted, for Monetary Sanctions 180
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ... hearing. Defendant must file a timely proof of service prior to the new hearing demonstrating sufficient and timely service on Plaintiff of a notice of the new hearing. Plaintiff complains that when she was in her apartment where she was residing at 4949 Snyder Lane #292 in Rohnert Park, CA ("the Premises"), Defendant's employee ("Employee") sexually harassed her. She alleges that she was leasing the Premises from Defendant, the owner, and Defen...
2023.04.26 Motion to Compel Compliance with Civil Subpoena, for Sanctions 436
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ... Plaintiff filed this action in April 2012, alleging that in November 2009 he entered into an agreement, written and oral ("the Agreement"), with Defendant by which Defendant agreed to pay him $3,000 and take over payments of Plaintiff's 2002 Corvette ("the Car"), paying of the balance or obtsning her own financing, within 5 months. However, he complained, Defendant stopped making payments, causing the loan to go into default. Defendant did not r...
2023.04.26 Motion to Enforce Settlement Agreement, OSC Re Dismissal 938
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...d an automobile accident on Highway 101 on August 31, 2020. On September 15, 2022, a notice of unconditional settlement of the entire case ("Settlement") was filed. Motion Defendant moves the court to enforce the Settlement and dismiss the action with prejudice, or issue an order to show cause ("OSC") as to why the court should not dismiss the action. He contends that he entered into separate Settlement agreements with each Plaintiff, according t...
2023.04.26 Motion to Stay Until Completion of Binding Contractual Arbitration 838
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...as covered under the Policy. She alleges that the Policy included coverage for underinsured motorists and she settled with the underinsured motorist for the maximum limit of that underinsured motorist's insurance policy, $100,000. Accordingly, she contends, she is able to recover the remaining damages under her Policy, up to $400,000, the limit minus the amount already obtained from the underinsured motorist. She demanded payment of $400,000 from...
2023.04.26 Motion to Strike Answer 652
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...d owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 955 Piner Place, Santa Rosa ("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 ...
2023.04.05 Petition to Compel Arbitration and Stay Action 465
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.05
Excerpt: ...compel Plaintiffs to submit their claims to arbitration and to stay this pending litigation, alleging that Defendant Kaiser Foundation Health Plan, Inc. ("Health Plan") is a non-profit public benefit corporation and licensed health care service plan under the Knox-Keene Health Care Services Plan Act of 1975("the Act") at H&S Code section 1340, Plaintiffs were, through Tammy's employment, enrolled in Health Plan with an Evidence of Coverage ("EOC"...
2023.04.05 Motion to Intervene 058
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.05
Excerpt: ...ew reply papers must be filed and served by May 19, 2023. Alternatively, the parties may resolve this matter by stipulating to a new Complaint-in-Intervention or they may appear and attempt to resolve the matter at the hearing. The court will continue the matter as specified above absent resolution. Facts and History Plaintiff complains that on May 28, 2021 he suffered injuries as a result of Defendants' negligence in maintaining safety on a cons...
2023.04.05 Motion to Compel Responses, for Monetary Sanctions 851
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.05
Excerpt: ... Defendants at the Colibri Grill Café ("CGC") she suffered sexual harassment, a hostile work environment, and discrimination based on her gender. Plaintiff alleges that Defendant Alberto Gomez ("Gomez") owns and operates CGC and is the one who engaged in the alleged wrongful conduct. On August 18, 2022, Plaintiff served Defendant Gomez with Form Interrogatories—General Set One; Form Interrogatories — Employment, Set One; Special Interrogator...
2023.03.29 Motion to Set Aside Dismissal 285
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...24, 2022. Following his arrest, Petitioner requested an administrative hearing on March 1, 2022 and after the hearing before a hearing offcer, Respondent on June 27, 2022 issued an Order of Suspension for one year. He contends that on his detention, he rejected a breath test and instead chose to undergo a blood test, but that when the staff at the hospital to which he was taken were unable to find a suitable vein, the arresting officer simply aba...
2023.03.29 Motion for Terminating Sanctions, for Monetary Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ... Defendants negligently left a b-cycle rack on their car protruding into a pedestrian area at 860 Gravenstein Highway in Sebastopol, knowing that it was not readily visible to pedestrians, so that as Plaintiff walked by, she struck the rack and suffered injuries. Plaintiff's attorney filed a motion to be relieved as counsel, which the court granted on February 9, 2022. The order granting the motion was entered on April 18, 2022. Defendants Rachel...
2023.03.29 Motion for Final Judgment and Final Decree 236
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...d, Sebastopol. After she filed the original complaint, captioned "Quiet Title Suit," she filed a "First Amended Petition" ("FAP") on March 18, 2022. Plaintiff filed an ex parte motion to seal the FAP on March 22, 2022 which was denied. Defendants demurred to the FAP but the court continued the demurrer from its original hearing because petitioner had appeared without giving notce to the court or other parties. At the second hearing on November 9,...
2023.03.29 Motion for Attorney Fees 345
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...ng other vehicles with the same components. Plaintiffs brought the Vehicle for maintenance or repair issues but Defendant did not disclose the true problems and failed to cure the defects. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC") section 1790, et Plaintiff eventually filed a notice of conditional settlement ofthe entire action. He later filed a moton to enf...
2023.03.29 Demurrer 874
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...rete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterprises, Inc., ("Worden"), Gallagher Construction, Inc. and William Gallagher (collectively, the Gallaher defendants"), Redwood Empire Concrete Pumping Equipment ("Redwood"), and Tire & Company ("Goodyear") Meanwhile, the Shep D...

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