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2023.03.29 Special Motion to Strike 645
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.29
Excerpt: ...et, LLC, ("601") to recover back rent from its tenant, Defendant David Frym ("Frym"), under case number SCV- 267300 (the "underlying action"). (Memorandum of Points and Authorities in support of Motion to Strike Complaint ["ant-SLAPP Motion"], 7:7-9.) Frym, through his counsel Defendant Cory Birnberg ("Birnberg"), then filed a cross-complaint in the underlying action against 601, as well as its representative Angela DeCarli ("DeCarli") and fts co...
2023.03.29 Motion to Compel Discovery Responses 653
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.29
Excerpt: ...al Hist This achon arises out of business and employment agreements between Plaintiffs Tatum Trantham, Whitney Morris, and Sue Carol Trantham (together "Plaintiffs") and Defendants Kim Lichter Gardner and William Cody Leck (together "Defendants"), in regards to Defendants' business Two Rocks of Two Rock LLC. (Memorandum of Points and Authorities in support of Motion to Compel ["MTC Leck"], 1:22-26.) Plaintiffs served Form Interrogatories, Set One...
2023.03.22 Motion to Dismiss 672
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ... engaged in discovery, and appeared for a settlement conference in 2015. (ld. at 3:19-28.) Ford filed a motion for summary judgment but took it off calendar when Plaintiff represented that it would accept an offer for settlement. (ld. at 4:1-10.) Plaintiff thereafter filed a conditional notice of settlement on February 16, 2015, representing that a request for dismissal would be filed no later than "March 24, 2016," but Plaintiff failed to do so,...
2023.03.22 Motion to Deem RFAs Waived Due to Untimeliness 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ...intiff by her motion seeks this Court to deem that Defendants' have waived all objections by untimely service of responses to Plaintiff's Request for Admission. Plaintiff mainly argues that the responses were only e-served by email on the agreed upon deadline on July 22, 2022, in violation of the Discovery Act at code of Civil Procedure ("C.c.p.") sections 2033.240(a), 2033.250(a), 2033.270(a), and 2033.280(a), and that hard copies were not timel...
2023.03.22 Motion for Summary Judgment 421
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ... 2020 in Sonoma County at the intersection of State Route 12 ("SR-12") onto Arnold Drive. (Complaint, "1 1-15fPA11 .) The State supplied a traffic collision report prepared by the California Highway Patrol regarding the subject collision, attached as Exhibit 2 to the declaration of Skitch W Crosby in support of the motion for summary judgment ("Decl. Crosby"). Per the traffic collision report, the investigating California Highway Patrol officer T...
2023.03.22 Motion for Entry of Judgment 654
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ...filed with the court on April 27, 2022, for payment of the entire amount. The entire case was dismissed without prejudice on May 9, 2022, on the condition that the court would retain jurisdiction under Code of Civil Procedure ("C.C.P.") section 664.6 to enforce the settlement. Per the Agreement, Defendant agreed to pay "a downpayment of $180.48 on or before March 25, 2022, followed by a minimum of $180.56 on the 25th day of every month with the f...
2023.03.15 Petition for Administrative and Traditional Writ of Mandamus 998
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.15
Excerpt: ... and Order dated January 22, 2021 and the County's determination of penalties in the amount of $17,500. Respondents County of Sonoma and Permit Sonoma (the "County") posted a Notice and Order on Petitioners' property on January 22, 2021 for Unlawful Commercial Cannabis use in violation of Sonoma County Code ("SCC") Chapter 26. The County issued this Notice and Order following a code inspector's ins#ction of the property and finding of cannabis cu...
2023.03.15 Motion to Set Aside Default 416
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.15
Excerpt: ... and Leave to Defendant Acton ["Motion"], 1:25-27.) Plaintiff later filed an amended complaint on June 30, 2022, and filed a proof of service of process on September 8, 2022, on the amended complaint. (Mohon, 1:28, 2:1.) Due to lack of response, Plaintiff requested for entry of default against Defendant on September 21, 2022. (Motion, 2:2- 6,) Defendant has filed this Motion on the grounds that, due to the excusable neglect of their counsel, Defe...
2023.03.15 Motion to Award Litigation Fees and Costs 182
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.15
Excerpt: ...ion that occurred on or about September 7, 2020. (See, Complaint; Motion for Attorneys' Fees, 2:8-9; Declaration of Angela N. Markwth ["Markwith Decl. 'II, 2; Opposition, 2:11-12.) Trial was set on this matter for August 19 2022. (See Plaintiff's Opposition, 2:14-15). August 15, 2022, four days prior to trial, Plaintiff voluntarily dismissed the matter without prejudice due to Plaintiffs incarceration and lack of ability to communicate with couns...
2023.03.08 Motion to Compel Arbitration 485
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...rly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) and Negligent Repair. Plaintiff purchased a 2018 Dodge Ram 2500 (the “Vehicle”) from Dealer. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC”). (See Declaration of James P. Mayo in Support (“Mayo Decl.”), Exhibit A.) The RISC contains an arbitration provision...
2023.03.08 Motion for Dismissal 895
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...nts of breach of contract. Cross-Defendant demurred, and on July 13, 2022, the Court sustained the demurrer in part as to the first cause of action and overruled as to the second and fourth causes of action. Cross-Defendant served a notice of entry of order on the demurrer to the SACC on August 25, 2022. Cross-Complainants filed their third amended complaint (“TACC”) on September 21, 2022. This matter is on calendar for Cross-Defendant's moti...
2023.03.08 Motion to Consolidate 602
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...elers Property Casualty Company of America (“Plaintiff Travelers”) also filed a complaint in the matter titled Travelers Property Casualty Company of America v. Jairo Lara Maldonado, et. al., Court Case Number SCV-269675. (See, Id. 6:18-21, Exhibit B.) Defendants state in their motion that the two matters arise from the same motor vehicle incident occurring on November 18, 2019 at Highway 121 near the intersection with 8th Street East in Sono...
2023.03.08 Motion to Strike (Anti-SLAPP) 178
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...his action arose from a residential lease-rental agreement (“Agreement”) entered into between Cross- Defendants and Cross-Complainants on or about March 1, 2019, for residence at the property located at 7782 Sonoma Highway Unit B, Santa Rosa, California (“Subject Property”). (See, Cross-Defendants' Complaint for Damages [“Complaint”], ¶ 9; Cross-Complaint of Daniel O'Connor, Debra O'Connor, and O'Connor Properties, LLC [“Cross-Comp...
2023.03.01 Motion for Summary Judgment, Adjudication 203
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.01
Excerpt: ... 437(c) 1) of the first cause of action in the Complaint (for breach of express warranty) under the Song-Beverly Act (the “Act”); 2) of the second cause of action in the Complaint for negligent repair. For the reasons set forth below, the motion for summary judgment is DENIED. The motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to the second cause of action is GRANTED. I. Evide...
2023.03.01 Motion for Leave to File Complaint 065
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.01
Excerpt: ...tion arises from a motor vehicle collision that occurred on February 4, 2020. Plaintiffs allege that decedent Stephanie Miranda (“Decedent”) died on impact as a result of colliding with Defendants' tractor- trailer parked illegally on the Bicentennial Avenue off-ramp shoulder of the US-101 where Decedent was exiting the freeway. (See, Defendants' Memorandum of Points and Authorities Motion for Leave, at 3:16- 20; Plaintiffs' Complaint pg.4.) ...
2023.02.24 Motion to Compel Further Responses 530
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.24
Excerpt: ...er Code of Civil Procedure (“CCP”) § 2031.300. The motion is DENIED. Plaintiffs' request for sanctions is GRANTED. I. Relevant Law Regarding the RPODs, a demand for production may request access to “documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control” of another party. A party to whom a document demand is directed must respond to each item in the demand with an ...
2023.02.24 Demurrer 113
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.24
Excerpt: ...of action: (1) Violations of California Civil Code §56.20(b); (2) Violations of California Civil Code §56.20(c); and (3) Fraud. This matter is on calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is OVERRULED in part and SUSTAINED with leave to amend in part. I. Legal Standard...
2023.02.17 Motion to Dismiss Appeal 802
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.17
Excerpt: ...dant on December 7, 2020. When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 22, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $8,848.00. On June 17, 2022, Defendant filed a Notice of Appeal. No undertaking or bond was posted. I. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor...
2023.02.17 Motion to Compel Arbitration 338
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.17
Excerpt: ... 1790 et seq. (the “Act”); 2) Fraudulent Inducement – Intentional Misrepresentation ; 3) Fraudulent Inducement - Concealment; and 4) Negligent Repair. Plaintiff purchased a 2021 Nissan Sentra (the “Vehicle”) from North Bay Nissan (“Dealer”), who is not a party to this action. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC...
2023.02.17 Motion for Conditional Certification of Class and Preliminary Approval of Class Action Settlement 386
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.17
Excerpt: ...l of the class action settlement (the “Motion”). The Motion is CONTINUED. I. The Complaint The presently operative Complaint (“Complaint”) alleges that Defendant failed to pay overtime compensation as required by the California Labor Code (“LC”) and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, that there was fai...
2023.02.17 Demurrer 854
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.17
Excerpt: ... calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outsi...
2023.02.17 Demurrer 791
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.17
Excerpt: ...or Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the plea...
2023.02.08 Motion to Compel Responses, for Sanctions 530
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.08
Excerpt: ...arising out of alleged violations of employment law. On August 17, 2022, Plaintiffs filed three separate, but substantively very similar, Motions to Compel and Requests for Sanctions against Defendant. Plaintiffs provide the declaration of attorney Judith Camilleri and attached exhibits in support of the motions. Plaintiffs assert that on August 1, 2019 they served Form Interrogatories – General, Set One on Defendant; Special Interrogatories, S...
2023.02.08 Demurrer, Motion to Strike 225
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.08
Excerpt: ...rdinances and a use permit. This matter has a lengthy procedural history, so the court has only included procedural history as relevant to this motion. On March 7, 2022, Plaintiffs filed a complaint in SCV-270339. On July 27, 2022, the court ordered case number SCV-270339 be consolidated with the previously consolidated case numbers SCV-266225 and SCV-266731, with the lead case number for these consolidated cases being SCV-266225. On August 23, 2...
2023.02.08 Demurrer 984
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.08
Excerpt: ...l abuse that occurred at its school. The Complaint alleges four causes of action: 1) unfair business practices (Bus. & Prof. Code § 17200); 2) violations of California's false advertising law (Bus. & Prof. Code § 17500 et seq.); 3) constructive fraud (Civ. Code § 1573); and 4) fraud by concealment. On September 7, 2022, Defendant filed this demurrer to the Complaint. Defendant demurs generally to each cause of action on the grounds that they f...

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