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2024.05.01 Motion to Vacate Dismissal 982
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.01

Excerpt: ...ark Expressway and Commerce Blvd in Rohne rt Park, California, on April 13, 2022. It alleges that Defendants negligently caused the accident and injuries and as a result it paid its insureds. The Court on July 11, 2023, issued an Order to Show Cause Re: Dismissal (“OSC”) and set a hearing for September 5, 2023. The OSC indicated it was for failure to file a case management statement, failure to timely request entry of default and failure to p...

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 Demurrer 444
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.05.01

Excerpt: ...misconduct with students attending Sonoma Academy (“SA”), SA retained the New York law firm, Debevoise & Plimpton LLP (“Debevoise”) t o in v e s t ig a t e a lle g a t io n s o f s e xu a l m is c o n d u c t b y a d u lt s e m p lo y e d at SA. On November 28, 2021, Debevoise released its final report revealing decades of inappropriate sexual misconduct toward students by SA employees, including Defendant Morrone, as well as the sexual a...

2024.05.01 Demurrers, Motion to Strike 884
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.01

Excerpt: ... ruling and in compliance with CRC 3.1312. Procedural post ure A. O r ig in a l c o m p la in t This matter was initially filed in San Mateo County on November 21, 2019. Th e c o m p la in t alleged causes of action against Defendants for (1) breach of the covenant of good faith and fair dealing (2) conversion, and (3) unfair business practices in violation of Bus. & Prof. Code § 17203. It was transferred to Sonoma County by stipulation of th e ...

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 Attorney Fees 829
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.05.01

Excerpt: ...l Haddad, Individually and dba Cee Vees Liquor (“Defendant”) on July 3, 2023. Mr. McPherson's original motion for fees was filed on December 4, 2023, and heard on January 24, 2024. That motion was denied. The court's ruling stated: “C o u r t-appointed receiver Landon McPherson moves for an order approving his fees and costs. Mr. McPherson spent 15.5 hours on this case. His rate is $300 per hour. He incurred costs in the amount of $375. The...

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 Judgment on the Pleadings 159
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.05.01

Excerpt: ...ff attended school in School Defendant's district. This matter is on calendar for the motion by School Defendant pursuant to Code of Civil Procedure § 438 granting judgment on the pleadings as to the third, fourth and fifth causes of action on the grounds that the Complaint fails to state sufficie nt fact s to constitute causes of action in this matter. Th e m o t io n is D EN IED . I. G o v e r n i n g La w A. Judgment on the Pleadings A motion...

2024.05.01 Motion for Summary Judgment 878
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.05.01

Excerpt: ...t CONTINUES the motion due to the defect in service. P la in t if f m u s t f ile complete and proper proof of service showing service, at least 75 days prior to the hearing date, on Defendants of all moving papers and the notice of the hearing date. Fact s and Hist ory Plaintiff complains that it and Defendants entered into an agreement (the “Agreement”) by which Plaintiff agreed to purchase all rights to a 15% of the future receivables (the...

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 ...

2024.05.01 Motion for Terminating Sanctions, Monetary Sanctions 551
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.05.01

Excerpt: ... monetary sanctions is DENIED . Plaintiff filed its complaint on February 2, 2023, alleging causes of action for breach of contract, open book account, accounted stated, and reasonable value. Plaintiff alleges it is the assignee of amounts due under a workers compensation ins urance fund. Plaintiff alleges that Defendant owes $70,549.68, plus interest, on the policy . On May 19, 2023, Defendant filed a general denial . After failing to provide re...

2024.05.01 Motion to Compel Answers 453
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.05.01

Excerpt: ...er Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defe ndants under CCP §§ 708.030 & 2031.300. The unopposed Motion 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 to Plaintiff within thirty (30) days of notice of entry of th...

2024.05.01 Motion to Compel Responses 260
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.05.01

Excerpt: ...ss - Complainants' Amended Requests for Admissions, Amended Form Interrogatories, Amended Special Interrogatories, and Amended Reque st for Production. The motion is GRANTED as to Cross -Complainants' Amended Requests for Admissions, Amended Form Interrogatories, Amended Special Interrogatories directed at Aimaq and SPH; and Amended Requests for Production, Numbers 1 through 34 directed at SPH. The motion is DENIED as to Cro s s -Complainants' Am...

2024.04.24 Motion to Compel Answers 462
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.24

Excerpt: ...nts 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 Motion 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 to Plaintiff within thirty (30) days of notice of ent...

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...

2024.04.24 Demurrers, Motion to Strike 853
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.24

Excerpt: ... they own property located at 121 Olive Street in Petaluma (“121 Olive”) which they purchased on September 18, 2003 from Creed W. Wood and Andree L. Wood (“Trustees”), Trustees under the Creed W. Wood and Andree L . Wood 1991 Trust. A condition of the purchase was that Plaintiffs were granted an access easement over the Trustees' property. Plaintiffs allege that over three months prior to closing escrow for the sale of 121 Olive, Trustees...

2024.04.24 Motion for Entry of Judgment 238
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.24

Excerpt: ...n 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 writing 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 judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until perfor...

2024.04.24 Motion for Leave to File Complaint-in-Intervention 512
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.24

Excerpt: ...intervention (the “M o t io n ”). Th e M o t io n is GRAN TED . I. Governing Law Labor Code Division 4, governing “Workers' Compensation and Insurance,” Part 1, Chapter 5, “Subrogation of Employer,” governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' co mpensation or other similar benefits. Lab. Code section 3 8 5 2 g ive s e m p lo ye e s a n d e m p ...

2024.04.24 Demurrer to SAC 124
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.24

Excerpt: ...the Eighth Cause of Action for Reformation. Defendant's request for judicial n o t ic e is GRAN TED a s t o Exh ib it s 1-2 , a n d 5 -9 and DENIED as to Exhibits 3 -4 , a s they are disputable evidence. The cases cited in su pport of t he re que st for judicial n o t ic e o f Exh ib it s 3-4 do not require the Court take judicial notice of these documents and they are not persuasive. Defendant's counsel shall submit a written order consistent wi...

2024.04.24 Motion to Compel Answers 942
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.24

Excerpt: ... t e r r o g a t o r ie s (“SIs ”) a g a in s t 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 Motion is GRAN TED . D e f e n d a n t s s h a ll 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 $...

2024.04.24 Motion to Compel Further Responses 624
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.24

Excerpt: ...Lazaro Ortiz (“Plaintiffs”). Defendants request monetary sanctions in the amount of $5,185. The motion is DENIED as to special interrogatories numbers 2, 3, 5, 6, 8, 9, 11, 12, 13, 14, 17, 18, 21, 24, and 26; and is GRANTED as to 1, 4, 7, 10, 15, 16, 19, 20, 22, and 23. Sanctions are denied. This is a wage and hour action. Plaintiffs allege they worked for Defendant as truck drivers delivering construction materials. Plaintiffs allege that De...

2024.04.24 Motion to Intervene in Action 876
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.24

Excerpt: ... court against Defendant Catholic Charities of the Diocese of Santa Rosa (“Defendant”), titled Kimberlee Keller v. Catholic Charities of the Diocese of Santa Rosa , Sonoma County Case No. 23CV00371. Intervenor argues that Defendant has opted to mediate only with the plaintiff in this case, plaintiff Lourdes Rangal (“Plaintiff Rangal”). Intervenor argues that she must be permitted to intervene as any settlement reach ed between Plaintiff R...

2024.04.24 Motion to Set Aside Default Judgment 090
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.24

Excerpt: ...promissory note . Plaint iff's proce ss se rve r e ffe ctuate d se rvice of the summons and complaint by substituted service at 3660 Roblar Road in Petaluma, at which address Defendant concedes he currently resides, and which was listed under his name in the caption for this motion. Defendant claims he does not receive mail at this address and that he has never been personally served. Defendant has not apprised the Court of any different address ...

2024.04.24 OSC Re Preliminary Injunction 822
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.24

Excerpt: ...ndar for Plaintiff's Order to Show Cause re: Preliminary Injunction arising out of a Temporary Restraining Order request filed on April 8, 2024. The motion is continued to May 15, 2024. I. Underlying facts Plaintiff filed the application for Temporary Restraining Order and request to set the Order to Show Cause re: Preliminary Injunction on April 8, 2024. The Court's orde r grant ing t he Te mporary Re straining Orde r and se tt ing of t he Pre l...

2024.04.24 Petition to Compel Arbitration 690
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.24

Excerpt: ...ar for the petition by Uber to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRAN TED . I. Fact s and Proce dure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on October 25, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Chenshan Yu in Support, ...

2024.04.24 Motion to Compel Further Responses 397
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.24

Excerpt: ...and unjustified. Defendant is ordered to notify all necessary individuals prior to the release of the requested educational records that pertain to them. Prior to disclosure, Defendant is also ordered to redact any private and confidential information, including personal id e n t if ic a t io n in f o r m a t io n , p r iva t e m e d ic a l in f o r m a t io n , a n d private financial information that are not relevant to this action. Defendant s...

2024.04.17 Motion for Judgment on the Pleadings 161
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.17

Excerpt: ...nting judgment on the pleadings on the ground that the Complaint fails to state sufficient facts to constitute causes of action in this matter. The motion is DENIED. I. Governing Law A. Judgment on the Pleadings A motion for judgment on the pleadings may only be made on the grounds specified in the statute. CCP section 438(c)(1). If the moving party is a defendant, the motion may be made on the grounds that the complaint does not state facts suff...

2024.04.17 Anti-SLAPP Motion to Strike 977
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.17

Excerpt: ...pliance with Rule 3.1312. I. Background This complaint arises out of an ongoing dispute between the parties who are a HOA President (Plaintiff) and a resident of the Association (Defendant). Defendant is alleged to have sent sent several letters and emails to Plaintiff personally (that are large ly not the subject of this motion) and letters, emails, and flyers to board members and residents with his concerns regarding Plaintiff's fitness to serv...

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 Motion for Certification of Class and Final Approval of Class Action Settlement, for Attorney Fees 587
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.17

Excerpt: ...ll as the motion for attorney's fees and class representative enhancements. The Court issued a tentative ruling on the motion on April 4, 2024, and ordered the parties to appear for oral argument the next day. At the hearing, the Court allowed arguments by Plaintiﬀ's counsel which focused on the Court's modiﬁcation to the attorn ey's fees allocation in the settlement. Plaintiﬀ argued the original attorney's fee request was justiﬁed but re...

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...

2024.04.17 Motion for Leave to Amend FAC 679
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.17

Excerpt: .... (“CCP”) § 473 for leave to amend the FAC. The motion is DENIED. I. Legal Standards The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...

2024.04.17 Motion to Quash Subpoena for Deposition 054
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.17

Excerpt: ...h 1997, Plaintiff agreed to assist Defendant in purchasing a house on 21st Avenue in San Francisco (“San Francisco Property”) where Defendant would live with the parties' parents. Plaintiff alleges that he and Defendant agreed as follows: Plaintiff would pay a $70,000 down payment and co -sign the loan application, and pay $5,000 per month to Defendant to cover the mortgage, tax, and maintenance expenses on the house. Plaintiff and Defendant ...

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 Petition to Compel Arbitration and Stay 780
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.17

Excerpt: ...necessary precautions to prevent her from falling, as a result of which she fell and suffered injuries. Plaintiff's complaint, filed on November 29, 2023, alleges causes of action for (1) negligence and (2) violations of the Elder and Dependent Adult Civil Protection Act (Welf & Instit. Code §15600 et. seq.) Plaintiff, a 93-year elder who was a resident at Defendants' Muirwoods Memory Care assisted -living facility in Santa Rosa, California (the...

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,...

2024.04.10 Motion for Leave to File TACC, or for Reconsideration 872
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.10

Excerpt: ...an amended cross -c o m p la in t is GRAN TED . This motion is based upon Cross -Co m p la in a n t s ' r e c e ip t o f d is c o ve r y responses that indicate that Plaintiff Dorian Guerrero was not an employee of Craft Contract ing dba Craft Ge ne ral Const ruct ion (“Craft ”). It is Cross - Complainants' position that Craft cannot therefore avail itself of the protections of Labor Code section 3864, which formed the basis of this court's r...

2024.04.10 Demurrer 469
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.10

Excerpt: ...ffs”). The demurre r is SUSTAINED without leave to amend. Plaintiffs' FAC alleges that on August 20, 2020, defendant Vanessa Ann Bardella (“Vanessa”) left her home and crossed the street to where Decedent was residing in her recreational vehicle. Vanessa shot Decedent in the face which caused severe i njuries resulting in her death. Plaintiffs allege that Barbara, Vanessa's mother, and Vanessa's brother, Matthew Bardella, knew that Vanessa ...

2024.04.10 Demurrer to SAC 312
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.10

Excerpt: ... its discretion to consider the late - filed opposition since Defendant was still able to file a substantive reply. Analysis: I. St andard on De murre r 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, St evens v. Superior Court (1999) 75 ...

2024.04.10 Demurrer to TAC, Motion to Strike 997
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.04.10

Excerpt: ... ura l Ma t eria ls Co. (1981) 123 Cal.App.3d 593, 604 -605. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: I. St andards on De murre r 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...

2024.04.10 Motion for Leave to File Complaint 578
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.10

Excerpt: ....50(c) provides: “The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or t o file the cross -complaint, to assert such cause if the party who failed to plead the caus e acted in good faith. This subdivision shall be liberally construed to avoid forfe it ure of cause s of act ion.” If t he propose d cross -c o m p la in t is p e r m is s iv e , leave of court ma...

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 Compel Deposition, Responses, for Monetary Sanctions 719
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.10

Excerpt: ...��), special interrogatories (“SIs”), and requests for produc tion of documents (“RPODs”), and for monetary sanctions. Th e M o t io n is GRAN TED . I. Relevant Law A. Motions to Compel Responses Regarding the FIs, 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 “[i]f an interrogatory cannot be answere...

2024.04.10 Motion to Quash Service of Summons 326
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.10

Excerpt: ...� 4 1 8 .1 0 (a)(1 ) o n t he gro und s t hat t he Co urt lacked personal jurisdiction over Defendant because the summons and complaint we re ne ve r prope rly se rve d . I . Governing La w The Co de o f Civil Pro ce d ure st at e s t hat “[a] de fe ndant , o n o r b e fo re t he last day o f his o r he r t ime t o p le ad o r wit hin any furt he r t ime t hat t he co urt may fo r go o d cause allo w , may se rve and file a no t ice o f mo t io...

2024.04.10 Motion to Stay 389
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.10

Excerpt: ...c o n sidered for, coordination.” Section 404.5 contemplates a stay of proceedings when the coordination of two actions is being considered. No such action is being considered for c o o r d in a t io n w it h t h is c a s e . Th e r e f o r e , s e c t io n 4 0 4 .5 is in a p p lic a b le . Re g a r d le s s , as pre vio usly d etermined by this court, and as acknowledged in defendant's moving papers, Dorothy Langley transferred the subject rea...

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...

2024.04.05 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...

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