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...

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 (“...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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 $...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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, ...

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...