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2024.06.12 Demurrer 382
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.12
Excerpt: ... P o s t Ac u t e (“Br o a d w a y Villa ”), a r e h a b ilit ation center in Sonoma, and several corporations that own or manage it (collectively “Defendants”). Th e e ld e r M r . M ille r r e s id e d a t Br o a d w a y Villa f o r 2 6 days in March and April of 2023. The complaint alleges that he received grossly inadequate care amounting to elder abuse, and that after his family moved him to a different facility, he died as a result ...
2024.06.12 Application for Determination of Good Faith Settlement 416
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.12
Excerpt: ...ng defendant from liability to o ther parties for equitable contribution or comparative indemnity. The amount of the settlement and whether it is grossly disproportionate to potential liability is the “ultimate determinant of good faith.” ( Cit y o f Gra n d Terra ce v. Superior Court (1987) 192 Cal.App.3d 1251, 1262; see also River Ga rden Fa rms, Inc. v. Superior Court (1972) 26 Cal.App.3d 986, 996.) The determination of good faith settleme...
2024.06.12 Claim of Exemption, Motion to Dismiss, for Sanctions 456
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.12
Excerpt: ...Doe defendants, during the June 6, 2023, judicially supervised settlement, including the 2019 judgment which Plaintiff seeks to enforce. The parties agreed that the settlement would d ispose of “all claims known and unknown” and “There shall be no further claims made in regard to these underlying events.” (McCutchan Decl., Exhibit 1, p. 5.) The written settlement agreement between the parties states, The purpose of the Agreement is to fin...
2024.06.05 Motion to Compel Arbitration 299
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.05
Excerpt: ...he subsequently purchased the same truck on November 4, 2021. On February 25, 2022, Plaintiff filed this lawsuit against Hansel and manufacturer Ford Motor Co. (“Ford”), alleging that Hansel was unable to repair defects in the truck after a reasonable number of attempts, and seeking reimbursement of the cost of the vehicle pursuant to the Song-Beverly Act, among other remed ies. Plaintiff purchased the Vehicle under a Retail Installment Sale ...
2024.06.05 Motion for Summary Judgment 327
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.05
Excerpt: ...fs' motion to compel further responses that is scheduled to be heard on June 26, 2024 is moot. Thus, it is ordered dropped from calendar. Standards on Summary Judgment: A party moving for summary judgment must show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law. (CCP § 437c(c).) A party moving for summary adjudication of a cause of action must prove that the cause of actio...
2024.06.05 Demurrer to FAC 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.05
Excerpt: ...p.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestr...
2024.06.05 Demurrer to FAC 792
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.06.05
Excerpt: ...with Rule 3.1312. Analysis: I. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material...
2024.05.31 Motion for Determination of Good Faith Settlement 525
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ... le m e n t is in “g o o d f a it h .” A g o o d -faith settlement discharges the settling defendant from liabi lity to other parties for equitable contribution or comparative indemnity. ( Cit y of Gra nd Terra ce v. Sup.Ct . (Boyt er) (1987) 192 Cal.App.3d 1251, at 1262, explained that the amount of the settlement and whether it is grossly disproportionate to potential liability is the “ultimate determinant of good faith....” Se e a ls o...
2024.05.31 Demurrer 982
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ...iness associates. Vla d im ir Lo u n e g o v is t h e CEO o f t h e f in a n c ia l s e r vic e s c o m p a n y F in Lin k (c o lle c t iv e ly “P la in t if f s ”). Joseph Reynoso (“Defendant”) was a co -founde r of FinLink and served on its bo ard of dire ct ors. Defendant resigned from the board and no longer works for FinLink. Plaintiffs allege that this occurred after Defendant defaulted on a loan from the company; Defendant does not...
2024.05.31 Motion for Attorney Fees 044
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ...nalysis: I. Bluestone is Entitled to Fees on Appeal The Court of Appeal issued a remittitur in this matter which directed that costs are awarded to the respondent. Bluestone was a respondent on appeal. Accordingly, Bluestone is entitled to seek recovery for its attorney's fees on appeal. II. The Amount of Fees Requested is Reasonable The standard for calculating attorney fee awards under California law, [O]rdinarily begins with the 'lodestar,...
2024.05.31 Motion to Compel Initial Responses 861
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ... is orde r. Defendant shall pay sanctions in the amount of $1,635.00. No orde r is made regarding the responses to the requ est for admission. Plaintiff's counsel shall submit a written order consistent with this tentative ruling, in compliance with California Rules of Court, rule 3.1312. I. Background On January 26, 2024, Plaintiff propounded Requests for Admissions, Set One and Request for Production of Documents, Set One on Defendant Pacifica ...
2024.05.31 Motion to Reclassify Case from Unlimited to Limited Jurisdiction 398
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ...ear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount…” ( Wa lker v. Superior Ct . (1991) 53 Cal.3d 257, 262.) “This standard requires a high level of certainty that a damage award will not exceed $25,000 and is not satisfied by a finding that such an award is merely ‘unlikely' or ‘not reasonably probable.'” ( Ib id . at 269.) “…[B]efore transfer may occur…a court must determ...
2024.05.31 Motion to Strike Prayer for Punitive Damages 013
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ...by its employee Ricky Vaetoe. The complaint alleges that Defendant was driving under the inf luence at the time of the collision. This motion comes on calendar for Defendant's motion to strike the prayer for punitive damages from the c o m p la in t . Opposition was due on May 17, 2024. (CCP § 1005(b) [nine court days before h e a r in g ; M a y 2 7 is a c o u r t h o lid a y ].) As of May 23, no opposition has been filed. II. Go v e r n in g la...
2024.05.31 OSC Re Contempt 094
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.31
Excerpt: ...fice r or board me mbe r o f F o le y Fa m ily W in e s , In c . shall also appear in person and remote appearance is not allowed . Plaintiff's counsel is directed to prepare an OSC for signature that is consistent with this ruling, including the expedited briefing schedule set forth in the Conclusion section below. After the filing of the signed OSC, Plaintiff s h a ll p e r s o n a lly serve the OSC and this ruling on both Defendant and defenda...
2024.05.24 Motion to Release Bond 521
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.24
Excerpt: ...o n is D EN IED . Counsel for DBC shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). IV. Background In March, 2020, De Arkos and DBC entered into a contract for the construction o f a s in g le-family residence on De Arkos's property. The project did not go w e ll. DBC alleges that De Arkos “elected to terminate the Agreement for his convenience” in October, ...
2024.05.24 Motion to Quash Subpoenas, for Protective Order, for Sanctions 620
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.24
Excerpt: ...sturbed,” complaining that Defendant improperly charged Plaintiff a $146 per-start fee for entering Undisturbed in horse races at the Sonoma County Fair (the “Fair”) . He alleges that as he is simply an owner of a racehorse and thus not legally required to maintain workers' compensation insurance for the jockey riding the horse, since only the trainer, who hires the jo c ke y , is a n e m p lo ye r o b lig a t e d t o m a in t a in s u c h ...
2024.05.24 Motion to Amend Judgment 493
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.24
Excerpt: ...s Brigitte Graefin von Schlienk Seebass (“Seebass”). This matter comes on calendar for Constellation's motion to amend the judgme nt to add Seebass, personally, as a judgment debtor. Th e m o t io n is D EN IED . Counsel for Bacchus shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). I. Background In 2017, Constellation and Bacchus entered into two five -year ...
2024.05.22 Motion to Correct Clerical Mistake, to Set Aside Default, to Vacate Judgments 721
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.22
Excerpt: ...pending the outcome of the appeal would not p r e ju d ic e t h e P la in t if f . If f o r a n y r e a s o n t h e a p p e a l is r e s o lv e d , d is m is s e d , o r dropped prior to the September 25, 2024 hearing date, Plaintiff may file an ex parte motion for advancement of the hearing on this motion. Defendant's Motion to Set Aside Default Defendant's motion to set aside default is CONTINUED pending the appeal of the judgments. The matter ...
2024.05.22 Motion for Summary Judgment, Adjudication 808
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.22
Excerpt: ...h ib it 1 , H o ls a p p le D e p o . Tr ., 1 1 2 :2 2 -113:11. 2. St o ll D e c l., Exh ib it 1 , H o ls a p p le D e p o . Tr ., 1 1 3 :2 5 -114:5. 3. St o ll D e c l., Exh ib it 2 , D e c la r a t io n o f W illia m H o ls a p p le (“H o ls a p p le D e c l.”), ¶ 4. 4. St o ll D e c l., Exh ib it 2 , H o ls a p p le D e c l., ¶ 5 . 5. St o ll D e c l., Exh ib it 2 , H o ls a p p le D e c l., ¶ 6 . 6. St o ll D e c l., Exh ib it 2 , H o ...
2024.05.22 Motion for Leave to File Amended Answer 657
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.22
Excerpt: ...County of Sonoma (Plaintiff) brings this code -e nforce me nt act ion t o compe l JOHN Beaver and his son BOWIE Beaver (collectively Defendants) to abate nuisance conditions at a property (the Property) in Cazadero owned by BO W IE. The complaint alleges that JOHN lives on the Property and that BOWIE liv e s in Au s t r a lia . (Individual defendants are referred to by their first names for clarity, as they have the same surname. N o d is r e s p...
2024.05.15 Motions to Declare Vexatious Litigant, for Sanctions, to Stay Discovery and for Protective Order, to Expunge Lis Pendens 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.15
Excerpt: ...ibit 1 of the supplemental declaration of Mark Clausen is SUSTAINED as it is a confidential settlement communication. The Court also notes that this declaration contains several paragraphs of legal argument, which is imprope r. The Court has disregarded the legal arguments made in the declaration. Thomas shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: I. Th e Co u r t H a s J u r i...
2024.05.15 Motion to Strike 098
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.15
Excerpt: ...m. Defendant's responsibilities included paying Plaintiff's bills to several suppliers, one of whom was Hutchinso n Equipment Services (“Hutchinson”). In January of 2023, Defendant received an email purporting to be from Hutchinson, but in fact from an unknown individual identified in the complaint as “Scammer.” Defendant failed to observe that the word “Hutchinson” in t h e e m a il was misspelled, with the “i” replaced by a lowe...
2024.05.15 Motion for Summary Judgment 213
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.15
Excerpt: ...O VERRU LED . 1. Balatti Declaration ¶ 7, specifically only the words “nor any of the Members,” for hearsay and lack of personal knowledge as to the other members' intent. 2. Warren Declaration ¶ 14, specifically only the words, “stating that plaintiffs would agree not to add B&B members to the judgment or arbitration award on an alter ego basis,” for lack of foundation. 3. W a r r e n D e c la r a t io n ¶ 2 4 , s p e c if ic a lly o ...
2024.05.08 Motion to Compel Further Responses 898
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.08
Excerpt: ...s for her response was he r pe rsonal knowle dge or inform ation she acquired from someone else. Sanctions are awarded to Defendant in the amount of $3,910.00. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with California Rules of Court, rule 3.1312. I. Background This case arise s out of a t raffic collision that occurre d on Se pte mbe r 7, 2021, in which Daryl Titus (“Conservatee”)...
2024.05.08 Motion for Summary Judgment, Adjudication 019
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.08
Excerpt: ...gence. P RO CED URAL H ISTO RY Plaintiff's FAC alleges causes of action for negligence, elder abuse, and wrongful death. Plaintiff brings this action against Defendants in her individual capacity and in her capacity as successor in interest to her father Mr. Tonti's (“Decedent”) estate. Per Defendants' motion, Decedent was temporarily housed under their Home Safe grant program while he searched for long -t e r m h o u s in g . P la in t if f ...

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