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2024.04.05 Demurrer to FAC 522
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.05

Excerpt: ...second amended complaint. West of Temperance is a winery. John King (“King”) and Brian Ojalvo (“Ojalvo”) are managers and/ or members of Plaintiff. King mainly manages the finances and Ojalvo mainly operates the winemaking process. Plaintiffs allege that they purchased wine corks from Defendant which contained “cork taint,” a fungus which can be present in natural cork that ruins the wine. The FAC alleges causes of action for breach o...

2024.04.05 Motion to Compel Responses 225
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.05

Excerpt: ...ode of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . Defendants shall serve verified code -c o m p lia n t responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of ...

2024.04.05 Motion for Entry of Default 873
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.05

Excerpt: ...least March 24, 2010. As of the date of the motion, $54,733.82 has been incurred in costs, fees, and penalties. Th e m o t io n is D EN IED . The court hereby sets this matter for a default pro ve -up hearing for Tuesday, April 16, 2024, at 4:00 p.m., in Department 16. Counsel, the parties, and the witnesses are required to appear in person. On August 4, 2023, County filed a Complaint to Abate Public Nuisance; to Enforce Septic and Zoning Code Vi...

2024.04.05 Motion to Dismiss for Forum Non Conveniens 703
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.05

Excerpt: ...f action for alleged violations of the Song -Be ve rly Consume r Warranty Act, Civ. Code § 1790 et se q. (the “Act”). This matter is on calendar for Moving Defendants' motion on the basis of forum non conveniens. The motion is G RAN TED . I. Governing Authorities A. Forum Non -Conveniens Eve n if a court has subje ct matt e r and pe rsonal jurisdict ion, it may st ay or dismiss an action on the grounds that the court is an inconvenient forum...

2024.04.05 Motion to Compel Further Production of Docs, for Sanctions 739
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.05

Excerpt: ...ake the deposition of an entity by examining an officer or agent designated by the entity to testify on its behalf. In such a case, the notice of deposition must “describe with reasonable particularity the matters on which e xa m in a t io n is r e q u e sted” and the entity must “designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as...

2024.03.27 Motion for Preliminary Injunction 302
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27

Excerpt: ...quently repossessed by defendant. The complaint alleges that defendant w r o n g f u lly r e p o s sessed the vehicle and failed to comply with vehicle repossession la w s . The complaint further alleges that defendant has unlawfully refused to release the vehicle back to plaintiff. The complaint requests a preliminary injunction ordering defendant to: (1) not engage in any further attempts to repossess the vehicle; (2) release the vehicle to pla...

2024.03.27 Motion for Discovery of Financial Condition 825
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27

Excerpt: ...cted with malice, fraud, or oppression. I. P la in t if f 's r e q u e s t s f o r ju d ic ia l n o t ic e Plaintiff's request for judicial notice of the IRS “Ministers' Compensation & Housing Allowance” web page is granted pursuant to Evid. Code § 452(c). Plaintiff's request for judicial notice of the transcript of John Bucher's interview on January 9, 2020 (mistakenly designated “January 9, 2022”) is denied. P la in t if f 's statement...

2024.03.27 Motion for Leave to Amend Complaint 508
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27

Excerpt: ...“Defendant”) request for judicial notice is GRAN TED , per Evidence Code section 452(d). FACTS & P RO CED URE Plaintiff claims discrimination, retaliation, and violations by Defendant under the Fa ir Em p lo y m e n t a n d H o u s in g Ac t (“FEH A”) in t h e c o m p la in t . D u r in g P la in t if f 's deposition, Plaintiff's counsel noticed the word “age” was inadvertently left out of the complaint regarding the cause of action f...

2024.03.27 Motion for Leave to Amend Complaint 839
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27

Excerpt: ...tember 30, 2022. She alleges that David caused the accident b y in t e n t io n a lly and knowingly operating a motor vehicle while under the influence of drugs and crossing over a double yellow line into oncoming traffic and into the path of Plaintiff's vehicle. She further alleges that David was at the time acting within the scope of hi s employment with, and as agent of, Defendants D a v e S o ila n d C o m p a n y (“D S C ”) a n d N o r c...

2024.03.27 Motion for Summary Judgment 469
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.27

Excerpt: ...g forth plainly and concisely a ll m a t e r ia l f a c t s that the moving party contends are undisputed.” (Emphasis added.) “The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” ( Ib id .) Defendants' separate statement makes no mention of the Collective Bargaining Agreement (CBA) between Brendon Barraclough and the Iron Workers Union ...

2024.03.27 Motion for Summary Judgment 818
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27

Excerpt: ...nst DOE defendants. The complaint alleges causes of action for general negligence and strict liability pursuant to Civil Code section 3342(a). The complaint alleges that on September 11, 2019, Garretson was employed at PetSmart, Inc. as a pet groomer. Garretson alleges that she was bitten by a dog owned by DOE defendants. On August 24, 2021, Garretson substituted Murillo as DOE 1. Murillo owns a Husky named Ta h o e . 1. Assumption of the Risk Se...

2024.03.27 Motion to Compel Further Responses 479
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27

Excerpt: ...�SIs”) and requests for admission (“RFAs”) pursuant to CCP §2033.290(d) (relating to requests for admission) and CCP § 2030.300(d) (relating to interrogatories) and for monetary sanctions. The motion is GRANTED. I. Legal Authority Regarding the FIs and SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and...

2024.03.27 Motion to Dismiss on Grounds of Forum Non Conveniens 638
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27

Excerpt: ...A”) and violations of the Song -Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”). This matter is on cale ndar for Defendants' motion on the basis of forum non conveniens. The motion is DENIED. I. Go ve r n in g Au t h o r it ie s A. Forum Non -Conveniens Eve n if a court has subje ct matt e r and pe rsonal jurisdict ion, it may st ay or dismiss an action on the grounds that the court is an inconvenient forum. CCP § 418....

2024.03.27 Motion to Enforce Settlement Agreement 842
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.27

Excerpt: ...ves. Defendant argues this even though the request for dismissal specifically states, “The Court shall retain jurisdiction over the Parties, pursuant to Code of Civil Procedure section 664.6, to enforce the Settlement Agreement until performance in full of the terms therein. Any and all terms of the Settlement Agreement may be e nforce d pursuant to a motion brought under Code of Civil Procedure section 664.6, and the Court may retain jurisdict...

2024.03.27 Motion to Set Aside and Vacate Dismissal, for Entry of Judgment Pursuant to Stipulation 397
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27

Excerpt: ...'s fees for this motion. As e xp la in e d b e lo w , because Plaintiff is entitled to attorney's fees for this motion pursuant to the Stipulation, and because Plaintiff clearly requested them in the moving papers, the court wi ll award such fees to Plaintiff absent an objection or explanation persuading the court why it should not do so. However, because Plaintiff has failed to provide any evidence whatsoever for the much larger amount claimed, ...

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...

2024.03.20 Motion to Set Aside and Vacate Stipulated Judgment 445
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.20

Excerpt: ...3. Judgment was entered that day. Plaintiff argues that he agreed to the stipulated judgment without having be en given correct information from the Defendant. Defendant's owner, Jorge Fernandez (“Fernandez”), disclosed that he had a $500,000 insurance policy with Mercury and stated that he did not know of any other in s u r a n c e p o lic y t h a t m ig h t p o t e n t ia lly c o v e r t h e incident in this case. However, Defendant actuall...

2024.03.13 Motion for Protective Order 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13

Excerpt: ...t cont ains cause s of action for: 1) bre ach of e xpre ss warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Ac t ”) (a g a in s t M a n u f a c t u r e r ); 2 ) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). This matter is on calendar for the motion by Manufacturer for a protective order under Cal. Code Civ. Proc. (“CCP”) 2031.060. I. Governi...

2024.03.13 Demurrer 357
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13

Excerpt: ...0(f) for uncertainty and pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a caus e of action. 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 pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be grante...

2024.03.13 Demurrer to TAC 909
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13

Excerpt: ...'s p le a d in g . P la in t if f h a s n o w sufficiently alleged each of the causes of action herein demurred to, adequately addressing each of the Court's concerns. Standard 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, S...

2024.03.13 Motion for Leave to File Amended Complaint 409
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13

Excerpt: ...idually and as Trustee of the 1998 Trust. The amendment would also add and delete various parag r a p h s , in c lu d in g a lle g a t io n s that Collision Center is an alter ego and successor in interest to defendant Auto Bo d y. The motion is GRANTED as to Fischers Collision Center, LLC and the new causes of action against it, and is DENIED as to Gertrude Reynaud and Simone Reynaud. Plaintiff seeks to include the landlord in this action due to...

2024.03.13 Demurrers 886
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13

Excerpt: ...H LEAVE TO AM EN D . Counsel for either defendant shall submit a written order consistent with this ruling and compliant w it h Ca lif o r n ia Ru le s o f Co u rt, rule 3.1312. I. Gove rning law A demurrer tests whether the complaint sufficiently states a valid cause of a c t io n . ( 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, 31...

2024.03.13 Motion for Terminating Sanctions 245
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13

Excerpt: ...Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the e ffort s t o e nforce it . In re Ma rria ge of Nikla s (1989) 211 Cal.App.3d 28, 35- 36. A. Sa n c t io n s CCP § 2030.300(d), §2031.310(h); §2033.280(c) provides monetary sanction “shall” be imposed against the party l...

2024.03.13 Motion to Compel Answers to Post-Judgment Discovery 226
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13

Excerpt: ...pecial interrogatories (“SIs”) against Defendants under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed M o t io n is GRAN TED . Defendants shall serve verified code -compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions ...

2024.03.13 Motion to Compel Further Responses 240
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13

Excerpt: ...15 days of this order and to pay sanctions in the amount of $3,500 within 30 days of this order. 1. Form Interrogatory 17.1 and Requests for Admissions Plaintiff seeks to compel further responses to FROG No. 17.1 as to RFA Nos. 2 -5 , 9, 11 -12, 14, 17- 18, 26, 29-35, 46, 51, 53- 54, 62-65, 72, 74 -75, 77, 79 -81, 89 - 90, 94- 100, and 102 -104, and to Special Interrogatory Nos. 3, 6 -7, and 65. Th is m o t io n is b a s e d la r g e ly o n P la ...

2024.03.13 Motion to Vacate 424
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13

Excerpt: ...t, and another and different judgment entered, for e it h e r o f t h e f o llo w in g c a u s e s , m a t e r ia lly a f f e c t in g t h e s u b s t a n t ia l r ig h t s o f t h e party and entitling the party to a different judgment: “1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and correc...

2024.03.13 Petition for Writ of Mandate, Demurrer 798
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13

Excerpt: ...ges in the Petition that he owns a timber harvest site in Sonoma County that burned in the Walbridge Fire. (Memorandum of Points and Au t h o r it ie s [“M P A”], 3 :2-5.) Bareilles filed a notice of Emergency Timber O p e r a t io n s w it h t h e Ca lif o r n ia D e p a rtment of Forestry and Fire Protection (“CAL FIRE”) and got approved to harvest timber in accordance with the “Categorical Waiver” and water control plan of the regi...

2024.03.13 Motion for Undertaking Pending Appeal 721
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13

Excerpt: ...s e l shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As an initial matter, the Court notes that this matter previously came on for hearing in Department 19 and the Court issued a tentative ruling prior to the hearing which required the parties to submit further briefing on the applicability of CCP § 917.4. H owe ve r, prior t o t he he aring, t he Honorable Oscar A. Pardo recused from the m...

2024.03.06 Motion for Summary Judgment, Adjudication 151
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.06

Excerpt: ...NIED as to all other causes of action and issues. Defendants' request for judicial notice is GRAN TED . All o b je c t io n s a r e OVERRULED. Counsel for Defendant shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Un d e r ly in g Fa c t s : Defendant, North Bay Animal Shelter (“NBAS”), is a non- p r o f it a n im a l s h e lt e r under contract with the City of Petaluma to provide animal ...

2024.03.06 Demurrer to TAC 513
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.06

Excerpt: ...rder consistent with this tentative ruling and in compliance with Rule 3.1312. Scope of the Court's Leave to Amend the SAC Defendants argue that several of the causes of action alleged in the Third Amended Complaint exceed the scope of the leave to amend granted by the Court when the Court sustained the demurrer to the Second Amended Complaint. The Court does not agree. Though the Court sustained the demurrer to a number of the causes of action i...

2024.03.06 Motion for Interlocutory Judgment for Partition of Real Property 389
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.06

Excerpt: ...already h a v e t it le and their common title is divided among them. Partition does not create or convey new or additional interests. However, it does result in the common interest becoming separate individual rights of exclusive possession of some portion of the property or sal es proceeds. Partition is a matter of absolute right and in the absence of waiver or estoppel or other equitable defenses, each co -tenant in ownership has the right to ...

2024.03.06 Motion for Summary Judgment 120
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.06

Excerpt: ...rs and its customers' backpacks made it so that Razzak N a ji could not avoid the curb cut -out, which caused him to fall when he attempted to enter his legally parked vehicle in the parking lot of defendants' premises. The complaint alleges one cause of action for negligence and one cause o f a c t io n f o r p r e m is e s lia b ilit y . Plaintiff Razzak Naji passed away since the inception of this lawsuit. His widow, Maria Naji, is now the Pla...

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 ...

2024.03.06 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 to Quash Summons and Dismiss Case 184
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.06

Excerpt: ...le 3.1312. I. Background Plaintiff contracted with Defendant on July 26, 2022 to perform $111,450 worth of modifications on her 2022 Mercedes Sprinter van. Plaintiff brings the instant case alleging that Defendant breached the contract by failing to perform several agreed-upon se rvices and performing others unacceptably. Plaintiff also alleges that Defendant defrauded her when Defendant “made [her] sign a release that she inspected the work be...

2024.03.06 Motion to Require Security be Furnished as Vexatious Litigant 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.06

Excerpt: ...f e n d a n t s ”) and Does 1 -100. This matter is on calendar for the motion by Ledwith, Ishmael, Ch ild , SRAS, a n d SSM C (“ Moving Defendants”) to require Plaintiff to furnish security as a vexatious litigant under Code of Civil Procedure (“CCP”) § 391.1. The m o t io n is GRAN TED in p a r t . I. Underlying Procedural Facts On June 17, 2021, Plaintiff filed the original complaint in this action, along with a Request to File New L...

2024.03.06 Motion to Strike, Demurrer 320
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.06

Excerpt: ...ainst Plaintiff, Todd M. Roloff (“Roloff”), Scott A. Norgren (“Norgren”), and Suretec Insurance Company (“Suretec”, tog e t h e r w it h P la in t if f , Ro lo f f , a n d N o r g r e n , “Vanquish”). This matter is on calendar for Vanquish's motion to strike punitive damages and their demurrer to the second cause of action for fraud within the Cross -Co m p la in t pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 430.10(e) for f...

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:...

2024.02.28 Motion to Enter Judgment 969
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28

Excerpt: ...ment in the case in the amount of $10,471.00, as Defendant has defaulted on the agreement. There is no opposition t o the motion. The Motion is GRAN TED . CCP § 6 6 4 .6 (a ) p r o v id e s : “If p a r t ie s t o p e n d in g lit ig a t io n s t ip u la t e , in a w r it in g signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judg...

2024.02.28 Motion to Consolidate 940
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28

Excerpt: ...o lid a t e t h is c a s e w it h Scot t sda le insura nce Compa ny v. Nort h Ba y Pressure Wa shing, Inc. , SCV-273302, also pending in Department 19 (the “Associated Action”) pursuant to Cal. Code Civ. Proc. (“CCP”) §1048, for all purposes. The M o t io n is GRAN TED . The Associated Action is filed by plaintiff Scottsdale Insurance Company (“Consolidation Plaintiff”) against Defendant. Thereafter, in the Associated Action, ST Hosp...

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 to Compel Further Responses, for Sanctions 896
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.28

Excerpt: ...terrogatory Number 87 is DENIED. The City's motion as to Special Interrogatory Numbers 88 and 89 are GRANTED. Sanctions are denied. The City's motion to compel further responses to its Request for Production of Documents, Set Two, Request Numbers 44 through 46, and 48 through 50 is DENIED. Sanctions are granted against the City in the amount of $1,000. 1. Sp e c ia l In t e r r o g a t o r ie s On May 9, 2023, Defendant served its Form Interrogat...

2024.02.28 Motion to Compel Further Production 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28

Excerpt: ...ess warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair(against Dealer). This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection served to Manufacturer (the “RPODs”). Th...

2024.02.28 Motion for Summary Judgment 200
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.28

Excerpt: ...otion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The applicatio n to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the da...

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 Motion for Summary Adjudication 023
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.28

Excerpt: ...of action. Th e m o t io n is GRAN TED . 1. Co m p la in t P la in t if f 's c o m p la in t a lle g e s it is t h e o w n e r o f r e a l p r o p e r t y lo c a t e d a t 2 3 2 5 0 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Property alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escr...

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 Special Motion to Strike, Demurrer 155
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.23

Excerpt: ...ny (“Amerihome”), BW Re a l Es t a t e (“BW ”), W e s t e r n Allia n c e Bank (“Western”, together with Amerihome and BW, “Additional Cross-Defendants”) and Roes 1 -10. Thereafter, Plaintiff dismissed the FAC. There are two matters on calendar covered in this ruling. First, is Plaintiff's special motion to strike (“Anti -SLAPP motion”) brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16 to strike the First, Second,...

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...

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