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2024.06.12 Motion to Strike or Tax Costs 482
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.06.12
Excerpt: ...fees for the motion for attorney's fees and request for dismissal that were not incurred out of the total $350.70 requested for electronic filing or service fees; and 3. The Court strikes the entire $3,815.85 requested as “Other Costs” which represents generally business overhead expenses incurred to travel to and prepare for trial that are not properly billable to Wirtz' client. Th e m o t io n is D EN IED as to all other fees and costs, as ...
2024.06.12 Motion for Attorney Fees 121
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.06.12
Excerpt: ...ly obtained a Workplace Violence Restraining Order (“WVRO”) against Respondent Alexander Rashed, Jr. at the hearing that took place on October 4, 2023. The WVRO was instated because Respondent and Alexander Rashed, Sr. entered Petition er's workplace and began using foul language, aggressive behavior, and physically assaulted two employees. Although the police were called and interviewed the parties, no arrests were made. Petitioner now seeks...
2024.06.12 Motion for Attorney Fees 115
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.06.12
Excerpt: ...y obtained a Workplace Violence Restraining Order (“WVRO”) against Respondent Alexander Rashed, Sr. at the hearing that took place on October 4, 2023. The WVRO was instated because Respondent and Alexander Rashed, Jr. entered Petition er's workplace and began using foul language, aggressive behavior, and physically assaulted two employees. Although the police were called and interviewed the parties, no arrests were made. Petitioner now seeks ...
2024.06.12 Motion to Set Aside Writ of Attachment, for Leave to Amend 767
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.06.12
Excerpt: ...irst amended complaint in this action against defendants Master Bango Inc. (“Bango”), Ronald Ferraro (“Fe rraro”, together “Defendants”) and Does 1 -100 with several causes of action for: 1) three causes of action for breach of contract; 2) three common counts; 3) unfair competition under Business and Professions Code § 17200 et seq. (the “U n f a ir C o m p e t it io n La w ” o r “U C L”); a n d 4 ) p r o m is s o r y f r a ...
2024.06.12 Motion for Attorney Fees 948
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.06.12
Excerpt: ...n a lt ie s a g r e e in g t h a t P la in t if f w a s t h e p r e v a ilin g party, and that GM would pay attorney's fees, costs, and expenses pursuant to Civil Code section 1794(d) per noticed motion. Plaintiff filed this motion for fees and costs, but GM opposes the motion r equesting a reduction in the fees requested. ATTO RN EY'S FEES Legal Standard Fees & Costs C.C.P. section 1032 allows the prevailing party of an action to recover costs. ...
2024.06.12 Motion to Consolidate 614
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.06.12
Excerpt: ...s action for partition and Defendant cross -complained for declaratory relief and a determin ation that he has a life estate in part of the real pro pe rt y. In February of 2024, Plaintiff commenced the Second Action seeking partition under the Partition of Real Property Act under Code of Civil Procedure sections 874.311 et seq. (the “PRPA”), which took effect on January 1, 2023. Plaintiff in it ia lly m a d e a c la i m under the PRPA in thi...
2024.05.31 Demurrer to FAC 507
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.31
Excerpt: ...d as to paragraphs 23, 30, 31, 38, 39, 42, 45, 46, 53, 64, and 71, and Prayer for Relief paragraph 3, which all refer to and support Plaintiff's request for exemplary or punitive damages. The motion is p a r t ia lly D EN IED a s t o P r a y e r f o r Re lie f paragraphs 2 and 4. Finally, Defendants' motion for sanctions of $37,500.00 per Code of Civil Procedure (“C.C.P.”) section 128.7 against Plaintiff is D EN IED . All requests for sanctio...
2024.05.22 Motion to Set Aside Order Appointing Receiver 045
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.22
Excerpt: ...Decedent was found dead on the Property. He had no known next of kin, so the People of the State of California, City of Santa Rosa (“Plaintiff”) commenced a receivership action to take control of the Property and abate all existing nuisances found thereon. The Court appointed Ro b e r t Wakefield as receiver on June 17, 2023. Defendant Dilly, as Decedent's intestate successor and administrator his estate, filed this motion to set aside the Co...
2024.05.22 Motion to Set Aside Default Judgment 081
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.22
Excerpt: ..., Plaintiff demanded that W ilh e lm p a y $800,000 to replace the asphalt driveway on the property that was used daily for truck access. Plaintiff claimed that a lease provision required Wilhelm to maintain the asphalt driveway throughout the lease, but that Wilhelm failed to do so. The parties continue to dispute this demand and have been unsuccessful in negotiating a settlement over several months. Plaintiff commenced this action as a result a...
2024.05.22 Motion for Summary Judgment 497
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.22
Excerpt: ... efendant determined Plaintiff required jaw surgery. Defendant discussed the risks, benefits, alternatives, and foreseeable complications of the surgery with her, and with Plaintiff's consent, performed the surgery. According to Defendant, he placed arch ba rs and screw fixations between and away from Plaintiff's tooth roots and intentionally left one screw out of the upper mandible plate out of concern for its proximity to the tooth root. Defend...
2024.05.22 Motion for Default Judgment and Permanent Injunction 625
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.22
Excerpt: ...spection of the Property and observed a greenhouse that appr oximately contained 75 cannabis plants. PRMD issued a Notice and Order for unlawful commercial cannabis use on the Property and civil penalties due for violating various county code sections. Several months later, the County entered the locked Property by force with an Inspection Warrant because Defendant was not there at the time and found several violations as described in Paragraph 2...
2024.05.08 Demurrer, Motion to Strike 658
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.08
Excerpt: ...grading, and zoning code violations related to unpermitted greenhouses, solar arrays, and cannabis cultivation on t he ir prope rt y. In the Defendants' amended answer, they pleaded various affirmative defenses and they denied or admitted each allegation in the complaint or otherwise stated they did not have enough information to admit or deny it, so denied it. Finding issue with the Amended Answer, the County met and conferred with Defendants by...
2024.05.01 Motion for Attorney Fees 723
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ...ed various sub-leases between the parties. The sub -leases contained attorney's fees clauses. Plaintiffs David Addington and Piner Partners (“Plaintiffs”) commenced this action against Defendants for breach of partnership agreement and interference with business. Defendants cross- complained for the same causes as well as other causes of action. Ultimately, this Court awarded Defendants breach of contract damages of $2.58 million against P la...
2024.05.01 Motion for Default Judgment, for Permanent Injunction 873
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ...ublic nuisance and to abate building, grading, septic, and zoning code violations regarding unpermitted cannabis cultivation at 8910 Hwy 116 North, Forestville, California (APN 084 - 230-015) (the “Property”). The P roperty is owned by Defendant Chand and leased out to Defendant Cortina for $10,000.00 per month. Per the County's motion, Halter is an investor in the cannabis cultivation and owns 11% personally while also representing investors...
2024.05.01 Motion for Final Approval of Class Action and PAGA Settlements 148
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ...otices; 4. Appointing Plaintiffs as Class Representatives for settlement purposes; 5. Appointing Plaintiffs' Counsel, Justin F. Marquez and Benjamin H. Haber of Wilshire Law Firm, PLC, as Class Counsel for settlement purposes; and 6. Ap p o in t in g Sim p lu r is Cla s s Ac t io n Se t t le m e n t Ad m in is t r a t io n a s t h e Settlement Administrator. P RO CED URAL BACKGRO UN D Defendant Foley Family Wines, Inc. and Foley Family Farms (“...
2024.05.01 Motion to Quash Service of Summons and FAC 136
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ... e r e m in o r c h ild r e n . P la in t if f s allege that Defendants Zones and Gerald Nelson (“Nelson”), Zones' supervisor/ manager, knowingly or negligently allowed the abuse to occur when Plaintiffs were in their care even though Plaintiffs complai ned to them that it was occurring. They also allege that BGCA had ultimate, direct supervisory control over the other Defendants, and governed, owned, operated, and controlled the program in w...
2024.05.01 Motion for Summary Judgment, Adjudication 752
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ... e r im D ir e c t o r o f t h e D e p a r t m e n t o f Housing & Community Services of the City of Santa Rosa (together with City, “Defendants”), and Does 1 -1 0 fo r t h ree causes of action requesting two forms of declaratory relief and a writ of mandate. This matter is on calendar for the motion by the Defendants for summary ju d g m e n t o r in t h e a lt e r n a t ive s u m m a r y a d ju d ic a t io n o f P la in t if f s ' f ir s t ...
2024.04.24 Demurrer to FAC 845
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.24
Excerpt: ...ages” requested for the Ninth Cause of Action in the Prayer for Relief on page 14 of the F AC. P RO CED URAL H ISTO RY Plaintiff commenced this suit to recover repair and replacement costs from named defendants regarding fire sprinkler sensors that Plaintiff installed but did not own. Plaintiff purchased the sprinkler sensors from defendant Pace Supply C o r p . (“P a c e ”) t o in stall them into the residential homes. The specific model w...
2024.04.17 Motion to Set Aside Default, Judgment 581
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...ff filed suit on May 6, 2022, and s erved the summons and complaint upon Defendant through substituted service on May 13, 2023. Defendant did not file a response, so Plaintiff filed a Request for Entry of Default, which the Court entered on July 12, 2023. On July 18, 2023, Defendant's representative from Phoenix Law contacted Plaintiff's counsel wanting to settle the matter on behalf of Defendant. As proof of representation, Phoenix Law emailed a...
2024.04.17 Motion for Summary Adjudication 585
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...rling commenced this action to obtain money owed by Arrowtown for roofing work done and for materials provided by Sterling in connection to a construction project on a residential remodeling in Sonoma for Heather Jordan and Joseph Beare (the “Owners”). Arrowtown, as the general contractor, sought a contract with Sterling for roofing work. Arrowtown disputes any additional amounts claimed by Sterling. Sterling submitted a bid proposal for $82,...
2024.04.17 Demurrer, Motion to Strike 163
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...Plaintiff's complaint alleges that in or around January 2016, Defendant hired Plaintiff to work as a full -time, non- exempt ceiling and acoustical foreman. Plaintiff alleges that he was wrongfully terminated on or about August 12, 2022. Plaintiff alleges that, previously, on April 1, 2022, he injured his right arm while performing job duties. The injury impaired major life activities and constituted a disability. The injury required surgery whic...
2024.04.17 Application for Determination of Good Faith Settlement 212
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...) for settlement. Plaintiffs had sued Defendants for motor vehicle property damage and personal injury. ANALYSIS Legal Standard C.C.P. section 877.6 allows a plaintiff to settle with one or more joint tortfeasors without releasing others as long as the settlement is in “good faith.” A good-faith settlement discharges the settling defendant from liability to other parties for equit able contribution or comparative indemnity. ( City of Grand Te...
2024.04.10 Motion to Enforce Settlement Agreement 714
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ... located at 4723 Muirfield Court, Santa Rosa, (the “Property”). Defendants were uncertain whether Plaintiff got a permit to install this first. The parties entered into the Settlement Agreement on November 1, 2023. Paragraph 9 of the Settlement Agreement required Plaintiff to provide support that he obtained a permit for the installation of the propane tank. (Declaration of Pavone, Ex hibit A.) Plaintiff had to send this support to Defendant ...
2024.04.10 Motion for Summary Judgment, Adjudication 139
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ...a n a g e r if s h e r e lo c a t e d f r o m H a w a ii t o Ca lif o r n ia . P la in t if f w a s liv in g in Hawaii after retiring after working for Defendants for many years, and taking care o f h e r ill husband who requires kidney dialysis. Plaintiff claims she agreed to relocate based on the oral promise that she would be appointed as Store Manager and Defendants would cover her relocation costs. After she had relocated, Defendants offered...
2024.04.10 Motion to Strike Unverified Answer 308
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ...for ju d ic ia l n o t ic e a r e GRAN TED . Defendants shall file and serve their proposed amended answer within 10 days of service of the notice of entry of this order. P RO CED URAL H ISTO RY Plaintiffs brought this action to seek damages from Defendants for breach of contract and property damage arising out of a commercial lease. Defendants filed an unverified answer with a general denial to the verified complaint to avoid an entry of default...
2024.04.10 Motions to Enforce Settlement 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ...efendant Bethany Zoe (“Zoe”) stipulated to a settlement agreement in open court. The parties exchanged multiple versions to memorialize this settlement agreement in writing, but Defendants did not agree to the terms because they did not include the requirement for escrow, a title report, and a transfer disclosure statement re garding re al prope rt y at issue . Anabi's posit ion is t hat t he se t e rms we re a part of the general category po...
2024.03.27 Petition to Compel Arbitration 794
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.27
Excerpt: ... a r b it r a t io n . P RO CED URAL H ISTO RY Plaintiff Robert Kourik brought this action against Kaiser and other defendants for medical malpractice after he ended up having severe functional issues, nerve damage, and chronic following a shoulder surgery. Plaintiff was enrolled as a “Senior Advantage ” member of Kaiser for Medicare healthcare benefits. The agreement for Senior Advantage membership included an arbitration provision. The prov...
2024.03.06 Motion to Vacate Dismissal and Entered Judgment 622
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...ction against Morales to collect payment on credit card debt he owed. The parties entered into a Stipulation for Entry of Judgment and Settlement and Release and Dismissal (the “Stipulation”), according to which Morales agreed to pay Wells Fargo $10,774.29 to satisfy the debt. (Declaration of Mulhorn, Exhibit 1.) He agreed to make an initial payment of $1,114.29, followed by monthly payments of $420.00 until he satisfied the debt. (Motion, 3:...
2024.03.06 Motion for Summary Judgment, Adjudication 259
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...en the weather was rainy and muddy. (Motion, 3:3 -5 .) Th e h o rs e , Rush, bucked while Plaintiff was mounted upon him. Plaintiff argues Defendant Fricke, Plaintiff's trainer, ran up behind him which caused him to react and P la in t if f t o f a ll, w h ile D e f e n d a n t s c la im P la in t if f a lr e a d y f e ll o f f t h e h o r s e b e f o r e Defendant Fricke ran up to her. Be f o r e c o m m e n c in g r id in g le s s o n s , P la ...
2024.03.06 Motion for Leave to File Complaint 585
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...remodel and renovation of property owned by Owners, for which project ACI was hired as the general contractor. (Motion, 2:2 -5 . ) AC I s o lic it e d r o o f in g w o r k f r o m P la in t if f St e r lin g Ro o f in g In c . (“St e r lin g ”) a n d O w n e r s selected and a pproved roofing materials to be installed at their home for the remodeling and renovation. ( Id . at 2:4-9.) After the completion of work, Sterling demanded additional ...
2024.02.28 Motion to Compel Responses, for Sanctions 077
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...warded only as to the $60.00 filing fee. Defendants shall provide complete, objection -free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of e nt ry of orde r. Proce dural Hist ory Plaintiff propounded post -judgment written interrogatories and demands for production on Defendants and Defendants never responded, despite Plaintiff's efforts to meet and confer on the lack of response. Plaintiff...
2024.02.28 Motion for Summary Judgment 104
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...Afterwards she filed her complaint in this matter seeking damages from Walmart for negligence and p r e m is e s lia b ilit y. ( Ib id .) Walmart has moved for summary judgment as to these causes of action and Plaintiff has opposed. AN ALYSIS Legal Standard Motion for Summary Judgment Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled t...
2024.02.28 Demurrer, Motion to Strike 658
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...ilding, grading, and zoning code violations related to unpermitted greenhouses, solar arrays and cannabis cultivation on their property. (See Complaint, 1:19- 27.) In the Defendants' amended answer, they plead various affirmative defenses and they denied or admitted each allegation in the complaint or otherwise stated they did not have enough information to admit or deny it, so denied it. (See g enerally, Amended Answer.) Finding issue with the A...
2024.02.23 Motion for Approval of Class Action and PAGA Settlements 148
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...tices; 4. Appointing Plaintiffs as Class Representatives for settlement purposes; 5. Appointing Plaintiffs' Counsel, Justin F. Marquez and Benjamin H. Haber of Wilshire Law Firm, PLC, as Class Counsel for settlement purposes; 6. Ap p o in t in g Sim p lu r is Cla s s Ac t io n Se t t le m e n t Ad m in is t r a t io n a s t h e Settlement Administrator; and 7. Scheduling a Final Approval Hearing. P r e lim in a r y a p p r o v a l is GRAN TED . T...
2024.02.23 Motion for Entry of Judgment 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...Zoe moved for summary judgment on claims brought against her in the cross -c o m p la in t . ( Id . a t 2 :2 -12.) This Court issued an order after hearing on the motion granting Zoe's motion for summary adjudication (the “Order”) because Cross -Complainants lacked essential elements to all of the causes of action as to Zoe. (See generally, Orde r Aft e r He a ring on Cross-Defendant Bethany Zoe's Motion for Summary Adjudication of the Cross ...
2024.02.23 Motion to Compel Responses, for Sanctions 667
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...d motor vehicle negligence after she was injured in a motor vehicle collision between her vehicle/ trailer and another vehicle. (Motion, 1:26 -28, 2:1- 3.) Sonoma propounded set one of form int errogatories and requests for production on Jones, but she has failed to ever respond despite Sonoma's meet and confer efforts regarding the discovery requests. ( Id . at 3:7-28, 4:1- 11.) Jones' counsel was relieved as counsel because there was a breakdow...
2024.02.23 Special Motion to Strike 887
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...s action arose from a contract for purchase and sale of real property between the Wights and the Richardsons. (Cross -Co m p la in t , ¶ 1 0 .) The Wights claim the Richardsons misrepresented the details of the metes and bounds of the property sold. ( Ib id .) The Richardsons claim that they advised the Wights of errors in the legal description after the sale and applied to the Sonoma County Permit & Resource Management Department to correct the...
2024.02.16 Motion to Compel Deposition of PMQ and Custodian of Records 072
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...fects and nonconformities to warranty regarding Plaintiff's 2019 Chevrolet Silverado 1500 (“Subject Vehicle”). (Motion, 3:2- 1 3 . ) Plaintiff served GM with a notice of deposition of its PMQ with a demand for document production. ( Id . at 3:14-22.) The topics for examination included: (1) G M 's p r e -lit ig a t io n a n a ly s is a s t o w h e t h e r t h e 2 0 1 9 Ch e v r o le t Silv e r a d o 1 5 0 0 should be repurchased; (2) all repa...
2024.02.16 Motion for Relief from Dismissal 317
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...e was a minor. (Motion, 1:21-25. ) After Defendant Roman Catholic Bishop of Santa Rosa filed for bankruptcy protection, a case management conference was set in this matter for June 1, 2023, which Plaintiff failed to appear at because Plaintiff's counsel failed to calendar the hearing. ( Id . at 1:26- 28, 2:1-2.) The Court set an Order to Show Cause hearing for July 13, 2023, for which Plaintiff's counsel filed a case management statement, but fai...
2024.02.16 Motion for Prejudgment Interest 840
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...M o t io n , 2 : 5 -10.) The jury also awarded attorney's fees plus prejudgment interest an d punitive damages. ( Id . at 2:11-1 6 .) P la in t if f n o w seeks prejudgment interest per Civil Code 3287(a) for the total amount of $666,075.01 against Defendant. ( Id . at 2:17-18.) EVID EN TIARY O BJ ECTIO N S “All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion....
2024.02.16 Motion for Attorney Fees 325
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...��P la in t if f ”) b r o u g h t t h is a c t io n a g a in s t Defendant for violations of Sonoma County Municipal Code Chapter 13 Section 1, private nuisance, and public nuisance, after Defendant cleared a certain number of dead and dyi ng trees that had been burned during the Tubbs fire through Defendant's lands pursuant to the directions from California's Department of Forestry and local officials. (Motion, 2:15 -2 4 .) Ultimately, without...
2024.02.07 Motion to Quash Records Subpoenas, to Compel Deposition of PMK 370
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...n or in her counsel's declaration. Nellessen simultaneously moves to compel the deposition of Defendant's person most knowledgeable (“PMK”) and requests leave to reopen discovery. The Court GRANTS leave to reopen discovery and also the motion to compel the deposition of Defendant's PMK. Procedural History Defendant served Nellessen's counsel with the five depositions subpoena production of business records on the Subpoenaed Entities and notic...
2024.02.07 Motion to Compel Responses, for Sanctions 538
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...tion-free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of entry of order. Procedural History This Court previously entered a default judgment against Defendants. Afterwards, Plaintiff propounded written interrogatories and demands for production on Defendants, and Defendants never responded, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff br...
2024.02.07 Motion to Compel Further Responses, for Sanctions 141
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ... Two, Nos. 34, 36, and 43. The motions are DENIED as to all other discovery. Jacoby requested sanctions of $13,050.00 against Defendant. Sanctions are partially GRANTED for the reduced amount of $6,525.00. Procedural History Jacoby commenced this wage and hour class action against Defendant for alleged violations of various Labor Codes. (Motion to Compel Further Responses re Production Requests [“MTCFR PROD”], 3:25-27.) Jacoby served set one ...
2024.02.07 Motion to Compel Arbitration and Stay Proceedings 638
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...(Motion, 1:2-4.) The sales contract Plaintiff entered into with Bone contained an arbitration provision covering claims that arose out of the purchase or condition of the Nissan Rogue. (Id. at 1:9-13.) Plaintiff and Bone were signatories of the sales contract but not Nissan, and the contract expressly applied to Bone and its agents. (Ibid.) The relevant portions of the arbitration provisions read as follows: “You agree to the terms of this cont...
2024.02.07 Motion for Summary Adjudication 614
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...2 and 2572 ½ Bodega Avenue, Petaluma, California (APN 021-041- 025) (the “Subject Property”). (Undisputed Material Fact [“UMF”], ¶ 1.) The parties dispute the size of the Subject Property. Mendonca says it is ½ acre. Linsenmeyer claims it is larger. Both agree it is improved by a main residence and accessory dwelling unit (“Unit 2572 ½”). (Ibid.) The parties inherited the Subject Property from Mendonca's father Johnnie Lear (“Le...
2024.01.31 Motion for Protective Order 677
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ... pay Plaintiff the full amount owed after Plaintiff suffered a loss (the “Loss”) to the Property. Motion Defendant moves the court for a protective order shielding it from the burden and expense of responding to Plaintiff First Set of Requests for Admission (“RFAs”), First Set of Requests for Production (“RFPs”), and First Set of Special Interrogatories (collectively, the “Discovery”). Alternatively, it asks the court to extend th...
2024.01.31 Motion for Leave to Amend Answer 033
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ... to take her son out of a car which Defendant was driving. Only one Plaintiff, Jeanine Grider (“Plaintiff” or “Jeanine”) is identified as a party, and she is self-represented, but the FAC appears to assert claims on behalf of minor son, William Grider (“William”). Defendant answered the FAC and later brought a special motion to strike the sixth cause of action pursuant to Code of Civil Procedure section 425.16. The court granted that ...
2024.01.31 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 285
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ...verages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,381.54, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on November 16, 2021, and obtained a default judgment against them on January 12, 2022 for $9,249.34. Post-Judgment Discovery Plaintiff served Defendants by mail wit...
2024.01.31 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 484
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ...ng to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $15,795.66, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on May 25, 2023, and obtained a default judgment against them on June 23, 2023 for $20,425.41. Post-Judgment Discovery Plaintiff served Defendants by mail with post-judgment discovery on July 25, 2023; the discovery included one set of production de...
2024.01.31 Motion to Transfer Venue 692
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ...Sonoma County but does have an office in San Francisco and that, according to Revenue and Taxation Code (“RTC”) section 6933, venue is proper only in a county where the Attorney General maintains an office. There is no opposition to the motion. When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a pro...
2024.01.24 Motion to Set Aside or Vacate Entry of Default 268
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.24
Excerpt: ...y premiums, but Defendant failed to pay premiums owed. It seeks to collect the unpaid premiums. Plaintiff filed this action on June 26, 2023. It later filed a proof of service for the summons and complaint on September 6, 2023, purporting to show service on Defendant personally on August 2, 2023, at 3:39 p.m.at 689 Benicia Drive, santa Rosa, CA 95409. Defendant failed to appear, so Plaintiff obtained Defendant's default on September 26, 2023. Pla...
2024.01.24 Demurrer 415
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.24
Excerpt: ... issuing water well permits for groundwater extraction; and adopt and implement policies and procedures to ensure consideration of the impacts of water well permits on public trust resources and uses and also to prevent harm from the impacts of such permits. Petitoners set forth two identified causes of action, both seeking a writ of mandate: 1) Violation of CECA, and 2) Failure to Comply With Mandatory Duties Under the Public Trust Doctrine. In ...
2024.01.19 Motion to Seal or Redact Previously Filed Motion 677
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.19
Excerpt: ...daughter Vanessa French ("Decedent"), negligently caused Decedent's death. They allege that Decedent sought medical care from Defendants for a combination of physical and emotional complaints which included skin conditions, back pack, severe depression, and suicidal ideations, but that Defendants negligently failed to provide proper treatment, resulting in Decedent handing herself. Plaintiff Wendy French ("Wendy" or "Mother Plaintiff"), individua...
2024.01.19 Motion to Continue Trial 905
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.19
Excerpt: ...ng attempting to sell a portion of his general partner interest (the "GP Interest") to Kelly. As a result of developments during this litigation, including Defendat' efforts to sell an important Partnership asset, real property comprising the Summerfield Shopping Center (the "Property"), he ultimately filed a second amended complaint ("SAC") which includes, amongst others, claims for wrongdoing based on Defendants' efforts to sell the Property. M...
2024.01.19 Motion for Attorney Fees 107
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.19
Excerpt: ...efendants have trespassed on Plaintiff's Property. Plaintiff subsequently obtained a temporary restraining order ("TRO") and then a preliminary injunction (the "Injunction") against Defendant Mona Verducci ("Mona") in February 2023. The Injunction orders Mona and her agents or others not to enter upon Plaintiff's Property as defined by the survey (the "Survey") attached as Exhibit A to the Injunction. Plaintiff then brought an application for ord...
2024.01.10 Motion for Summary Judgment, Adjudication 027
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.10
Excerpt: ...s Brian Williams, Jamie Williams, and Brian Tiewater (collectively, the "Individual Defendants") but fail to allege how they are involved. Motion Defendants move for summary judgment or, alternatively, summary adjudication of Plaintiffs' claims. For summary adjudication, they present five issues: 1) Plaintiffs expressly assumed the risks inherent in wrestling; 2) Plaintiffs impliedly assumed the risks inherent in wrestling; 3) Defendants are immu...
2023.12.27 Motion to Set Aside, Vacate, or Dismiss 643
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.27
Excerpt: .... ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make periodic installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to maintain required insurance on the Tractor or make required installment payments, allowing Plaintiff to take possession...
2023.12.27 Motion to Compel Arbitration and Stay Proceedings 638
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.27
Excerpt: ...san Rogue (the "Car"), which a Defendant had manufactured, the Car is defective, and Defendants have breached the Warranty Contract and failed to comply with warranties for the Car. He attaches a copy of the Warranty Contract as Exhibit A to the complaint, and this shows that it includes a set of warranties from Defendant Nissan North America, lnc ("Nissan"). He alleges that Nissan designs, manufactures, and distributes automobiles while Defendan...
2023.12.20 Motion to Compel Arbitration and Stay Instant Action 783
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.20
Excerpt: ...ff complains that he leased and then bought a new 2019 Kia Niro (the "Car"), with included warranties, but the Car was defective and subject to safety recalls and Defendants failed to repair or replace or repurchase the Car, and have in fact taken possession of it, preventing Plaintiff from obtaining it or his other personal property in it. He alleges that he leased and purchased the Car from Defendant Jim Bone Kia of Santa Rosa ("Bone"), the aut...
2023.12.13 Motion for Judgment on the Pleadings 072
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.13
Excerpt: ...ing that he owns real property at 29 Old Creek Road, Petaluma, California (the "Property"), complains that Defendant has attempted to foreclose on a deed of trust (the "DOT") recorded against the Property securing a loan (the "loan"), in violation of applicable guidelines regarding loan modification and forbearance, and requirements for a single point of contact ("SPOC"). He asserts that Defendant's conduct violated Civil Code ("CC") sections 292...
2023.12.13 Motion to Compel Further Responses, for Monetary Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.13
Excerpt: ...ey 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 death. Plaintiffs originally named as Defendants Ensign Santa Rosa, LLC dba Summerfield Health...
2023.12.13 Motion to Permit Filing of SAC Seeking Punitive Damages 618
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.13
Excerpt: ...dez had previously sexually assaulted another female patient, Jane Doe ("Doe"), and that Hospital knew or should have known of this conduct yet took no measures regarding it. Plaintiff claims that the wrongdoing occurred when she was in the care of Defendants for hip-replacement surgery. Plaintiff filed this action on September 12, 2022, and, after Defendants answered, entered into a stipulation to file the FAC in order to correct the name of Def...
2023.12.13 Motion to Stay Proceedings Pending Appeal 919
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.13
Excerpt: ... except Defendants Douglas Oakes and Margert E. Oakes (the "Oakeses"), specifically, Johnathan Scott Kerson; Jana Harrison; Gregory J. Conklin and Michiko Y. Conklin, in their capacities as trustees of the Conklin Living Trust dated September 4, 1998; John Merline; Sophie Phelps; Dennis J. Pistone; Nancy Pistone; Patrick Boniface Pinney, Sr. and Patric:ia Lou Pinney, in their capacities as trustees of the Troy and Ricky Trust dated July 2 1 , 201...
2023.12.06 Motion to Dismiss Petition for Writ of Mandate on Grounds of Mootness 342
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.06
Excerpt: ... failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," claiming that "Respondents," specifically William Prasifta as Executive Director of the Medical Board of California and deputy attorney gen...
2023.12.06 Motion for Attorney 378
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.06
Excerpt: ...oject") belonging to Real Party in Interest Safeway, Inc. ("RPI") at the corner of South McDowell Blvd and Maria Drive, which the city council ("Council") of Respondent City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitigated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for ...
2023.12.06 Demurrer 115
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.12.06
Excerpt: ...ppen without taking appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also as...
2023.11.29 Petition for Writ of Mandate on Grounds of Mootness 342
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.29
Excerpt: ...t with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," claiming that "Respondents," specifically William Prasifta as Executive Director of the Medical Board of California and deputy attorney general Janssen ...
2023.11.29 Motion for Attorney Fees 378
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.29
Excerpt: ...oject") belonging to Real Party in Interest Safeway, Inc. ("RPI") at the corner of South McDowell Blvd and Maria Drive, which the city council ("Council") of Respondent City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitigated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for ...
2023.11.29 Demurrer 115
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.29
Excerpt: ...ing appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also asserts that the c...
2023.11.22 Motion to Set Aside, Vacate, or Dismiss 643
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.22
Excerpt: ...d, with Plaintiff's interest in the Tractor recorded. It alleges that Defendant purchased the Tractor from Garton Tractor, Inc. ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to ma...
2023.11.22 Motion for Evidentiary, Issue, or Terminating Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.22
Excerpt: ...eglect 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 death. Plaintiffs originally named as Defenda...
2023.11.15 Motion to Compel Arbitration 528
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.15
Excerpt: ... asserting rights under FEHA Ultimately, he claims, he was terminated due to his disability and for discriminatory and retaliatory motives. He specifically alleges that Defendant Jay Garcia ("Garcia"), has manager, and Luz Mejia ("Mejia"), his supervisor and also girlfriend of Garcia, committed the illegal conduct. Motion Defendant Thermo moves the court to compel Plaintiff to submit this matter to binding contractual arbitration. It claims that ...
2023.11.15 Motion for Preliminary Injunction 192
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.15
Excerpt: ...udes a kitchen and living room (the "Common Area"). He alleges that his Room includes a bedroom and bathroom and has a door leading directly into the Common Area, which can also be reached by a door from the outside. However, he complains, the other members of Defendant have bolted and locked both doors to the Common Area and posted a "no trespassing" sign on the outer door to the Common Area, preventing Plaintiff from accessing it. He further co...
2023.11.08 Demurrer 342
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ... conducting proceedings to revoke his license based on a coerced guilty plea to the crime of tax evasion. He contends that Respondents have failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," ...
2023.11.08 Motion to Strike of Tax Costs 378
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ..., which the city council ("Council") of City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitgated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for the Project in June 2018, but members of Petitioner appealed to Respondent's City Council ("Council"). Petitoner sets forth two ca...
2023.11.08 Motion for Entry of Judgment 180
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ..., and Defendant's employee on more than one occasion came to the Premises to perform repair work when Plaintiff and her minor children were in the Premises. Amongst other things, the Employee made numerous sexual references to Plaintiff, discussed his sexual relations, and made disparaging remarks about Plaintiff participating in the Voucher Program for Low Income Family in order to lease the Premises. On September 15, 2022, Defendant served Plai...
2023.11.08 Motion for Attorney Fees 254
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ..., 2018, they purchased a 2018 Honda Odyssey ("the Vehicle") for which Defendant provided warranties ("the Warranties"), but the Vehicle was defective and, although she brought it to Defendant'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 ("...
2023.10.25 OSC Re Dismissal 561
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...s and History Alleging that he owns and resides on residential real property at 12097 Ramsey Road, Sebastopol, CA (the "Property") and obtained a loan (the "Loan") secured with a Deed of Trust (the "DOT") against the Property, Plaintiff complains that Defendants have improperly attempted to foreclose against the Property. Among other things, he alleges that he submitted a complete application to modify the Loan (the "Application"), but Defendants...
2023.10.25 Motion to Compel Responses 354
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...story 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 allowng 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 month in retur...
2023.10.25 Motion for Preliminary Approval of Class Action Settlement 593
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...r Defendant's potential exposure. The court requires this in order to make a final determination regarding whether the Settlement as a whole is fair and reasonable in this regard. In all other respects, the court finds the information and terms of the Settlement to be fair and reasonable for the purposes of this hearing and finds no potential inadequacies at this time. Facts and History Plaintiff Ricardo Perez Ruelas ("Perez") in this action, SCV...
2023.10.25 Motion for Attorney Fees 601
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...ress, menace (extortion), and conspiracy (the "Complaint"). Defendant filed a special Anti-SLAPP motion to strike pursuant to Code Civil of Procedure ("CCP") S 425.16 ("the Motion to Strike"). The Moton to Strike was granted by this Court on April 13, 2022, ("Order") and plaintffs appealed. While the appeal was pending, this court granted Defendant's Motion for Attorneys' Fees and Costs based on CCP 5425.16 and the court's Order granting the Moti...
2023.10.25 Demurrer, Motion to Strike 239
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...complaint on July 25, 2022, Plaintiff filed of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream'...
2023.10.04 Motion to Vacate Dismissal 461
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.04
Excerpt: ...he required information regarding the other parent and properly serve sufficient notice on the other parent, or demonstrate either that the other parent is not living, or that Petitioner is unable to identify or locate the other parent after making a reasonably diligent effort to do so. Petitioner must provide evidence and explanation suffcient to satisfy these requirements. If Petitioner does not provide the required information or documentation...
2023.10.04 Motion for Judgment on the Pleadings 006
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.04
Excerpt: ...equests for Admissions, Set One ("RFAs"). Plaintiff subsequently moved the court to order the RFAs, be deemed admitted on the basis that Defendant had failed to respond. The court granted the motion in full after the hearing of January 6, 2023. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint against Defendant. It argues that the court deemed the RFAs admitted and that these demonstrate that there is no ...
2023.09.27 Motion to Compel Responses 354
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.27
Excerpt: ...this motion, which this court continued due to inadequate notice, the moving party filed only an unsigned, incomplete proposed order, with proof of service. Accordingly, nothing shows that Plaintiff was served with, or otherwise received, notice of the hearing. Prior to the new hearing date, the moving party, must file and serve complete, sufficient proof of service at least 10 court days prior to the new hearing, showing service of a notice of t...
2023.09.27 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 728
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.27
Excerpt: ...ached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,312.27, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on January 3, 2023, and obtained a default judgment against them on March 6, 2023, for $3,047.15. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included on...
2023.09.27 Demurrer, Motion to Strike 239
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.27
Excerpt: ... the notces served on Plaintiff It must also serve Plaintiff by proper means, not electronically unless it shows that Plaintiff has affrmatively agreed to electronic service. Facts and History Plaintiff complains that Defendant, who had previously towed her motorhome (the "Motorhome"), unlawfully and without her permission or notice to her, dismantled the Motorhome with all of her possessions inside. She seeks damages for the loss of the Motorhom...
2023.09.20 Motion for Leave to Augment Expert Witness List 414
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.20
Excerpt: ...m the work properly or comply with his contractual obligations, ultimately abandoning the Project. Defendant allegedly informed Plaintiff that the latter should hire someone else to correct the defects in Defendant's work. Defendant filed a cross-complaint and first amended cross-complaint ("FACC") against Cross- Defendants The Coleman Company, Inc. ("Coleman"), Kevin Condon dba KC Home Services ("Condon"), and KC Home Services, Inc. ("KC lnc") (...
2023.09.20 Motion for Entry of Judgment 652
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.20
Excerpt: ...ner Place, Santa Rosa ("the Piner 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 8. 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 t...
2023.09.20 Motion to Lift Stay and Dismiss Case for Failure to Prosecute 561
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.20
Excerpt: ...Plaintiff has had sufficient notce and opportunity to be heard. Accordingly, the court issues an order to show cause why the court should not dismiss this action and sets this matter on the law and motion calendar in this department, at 3:00 p.m., on October 25, 2023. Defendants must serve Plaintiff again with the moving papers as well as Order to Show Cause and notice of the new hearing at least 21 calendar days prior to the hearing and must fil...
2023.09.20 Motion for Reconsideration of Motion to Enforce Settlement Agreement 941
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.20
Excerpt: ...nna Joslin ("Joslin"), who were alleged to owe Plaintiff Citimortgage Inc. ("Plaintiff") money on a promissory note secured against real property, which the Yateses defaulted in paying. On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the purported terms of the parties' agreement (the "Settlement"). The Settlement Term Sheet stated t...
2023.09.20 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 731
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.20
Excerpt: ...lthough Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $1,169.85, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on February 14, 2023 and obtained a default judgment against them on March 22, 2023 for $1,867.31. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on A...
2023.09.20 Motion to Compel Further Responses 482
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.20
Excerpt: ...fendant'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 filed a Mohon to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One which this co...
2023.09.08 Motion to Quash 136
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.08
Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...
2023.09.08 Motion for Summary Judgment, Adjudication 232
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.09.08
Excerpt: ...ies were present at the Premises for a family gathering, and several incidents during the gathering prior to the injuries, in which Papa acted aggressively towards Travis and others, put Defendant on notice of Papa's conduct and the foreseeability of Papa injuring someone, yet Defendants failed to control Papa or take other reasonable precautions. They also allege that the attack and injuries c„ccurred without provocation when Papa approached T...
2023.08.23 Motion for Entry of Judgment 652
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.23
Excerpt: ...ams") and Dustin Gibbens ("Gibbens") are managers of, and owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 965 Piner Place, Santa Rosa ("the Piner 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 prope...
2023.08.23 Demurrer, Motion to Strike 239
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.23
Excerpt: ...nside. She seeks damages for the loss of the Motorhome and her other property. After filing the complaint on July 25, 2022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3521 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained th...
2023.08.23 Demurrer 134
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.23
Excerpt: ...r of an undivided half interest in the Property. He complains that the parties' relationship has deteriorated to the point that they no longer communicate well and cannot reach an agreement regarding the Property. He seeks an award of damages; a judgment that the parties each are 50% tenants in commons owners; a judgment for partition by sale, not physical division; proceeds of the sale first pay encumbrances and then are split between the partie...
2023.08.16 Special Motion to Strike 627
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.08.16
Excerpt: ... with, and duties to, them, in the operation of a podcast business which they jointly created and ran, Nominal Defendant Opening Arguments Media LLC (the "Company"). Plaintiffs allege that Plaintiff Thomas Smith ("Smith") is sole owner and operator or Plaintiff Serious Pod LLC ("Pod"), Pod entered into an agreement (the "Agreement") by which Plaintiffs and Torrez would create and operate the Company, with Pod and Torrez each owning a fifty-percen...

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