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2018.7.27 Demurrer 081
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2018.7.27
Excerpt: ...e a cause of action. The demurrer for uncertainty is overruled. Request for judicial notice granted. The prevailing party is to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. ...
2018.7.25 Motion to Set Aside Default Judgment 149
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.25
Excerpt: ...kenly believed that she did not need to respond to the Complaint until the date stated on the summons for <00560058004f0057000300 00b30050004c00560057[ake,” Defendant did not file a responsive pleading and a default was entered against her. Plaintiff opposes the motion on procedural and substantive grounds. First, Plaintiff argues that the motion is procedurally defective because Defendant failed to attach a copy of the proposed responsive plea...
2018.7.25 Motion to Continue Trial, for Summary Judgment, to Appoint Successor 133
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.25
Excerpt: ...correspond to the new trial date. The matter is set for a Case Management/Trial Setting Conference on August 30, 2018, at 3:00 p.m., in Department 17 of this court. Defendants' counsel shall draft an order consistent with the court's ruling. Motion for Summary Judgment: The parties are ordered to appear to discuss continuance of the Defendants' Motion for Summary Judgment. Motion for Order to Appoint Decedent's Successor in Interest to Continue A...
2018.7.25 Motion to Compel Further Responses 342
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2018.7.25
Excerpt: ...ly for the cost of his hand tools. Defendant contends it was not obligated to reimburse Plaintiff because California regulations provide an exception to the reimbursement rule if the employee's wages are at least two times the minimum wage. Plaintiff moves to compel further responses to special interrogatories in order to obtain: the identities and contact information of other technicians/mechanics of Defendant who earned less than $21 per hour; ...
2018.7.25 Motion to Amend Judgment 248
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.25
Excerpt: ...e Trustee. The Defendant and Judgment Debtor, Louie I. Mughannam (the Defendant) has filed an opposition, arguing that he was never served with the complaint. Further, the Defendant argues that the Plaintiffs have failed to demonstrate (under the cited authority) that the Trustee should be added as an additional judgment debtor. Further, the Defendant contends that the Trust assets are not subject to execution, and that the Plaintiffs were aware ...
2018.7.25 Motion for Protective Order 164
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.25
Excerpt: ...owed to perform the IME. The Plaintiff relies on the opinion of Dr. Mary Ann Yael Kim, who asserts that the contacts between the Plaintiff and Dr. Frankel amounts to “multiple relationships” that create a conflict of interest. Further, the Plaintiff contends that Dr. Frankel is acting as a member of the defense team, in his capacity as an attorney, raising additional questions about Dr. Frankel's independence. In the alternative, the Plaintif...
2018.7.25 Motion for Preliminary Approval of Class Action Settlement 595
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.25
Excerpt: ...ch adds a claim for civil penalties pursuant to the Private Attorney General Act of 2004; and an Order deeming the FAC responded to with defendant Atech Logistics, Inc.'s (“Defendant”) original answer. Plaintiff also requests that the Court set a hearing date for the final approval process. Plaintiff brings this motion pursuant to Code of Civil <0003004400510047000300 00550052005800510047[s that the proposed settlement is sufficiently “fair...
2018.7.25 Motion for Leave to Amend Complaint 544
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.25
Excerpt: ...ses of action. Plaintiffs bring the motion pursuant to Code of Civil Procedure sections 473(a) and 576 and on the grounds that Defendants will not be prejudiced by the proposed amendments and it is in the interests of justice and judicial economy to allow Plaintiffs to amend their Complaint. Defendants have not opposed the motion. Plaintiffs' motion for leave to amend their Complaint is GRANTED. Plaintiffs shall file and serve their First Amended...
2018.7.25 Motion for Declaratory Judgment 967
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.25
Excerpt: ...ontain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” (See CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934 [a trial court is not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”].) ...
2018.7.25 Demurrer, Motion to Strike 455
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.25
Excerpt: ...428.50 because D4E did not obtain the necessary leave of court before filing either cross-complaint. Additionally, Brit demurs to the FACC pursuant to Code of Civil Procedure section 430.10(f)-(g) and on the grounds that the sixth cause of action for “breach of the insuring contract and covenant of good faith and fair dealings (sic)” is uncertain, unintelligible and does not state the nature of the contract upon which it is based. D4E opposes...
2018.7.25 Demurrer 672
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2018.7.25
Excerpt: ...th, and twelfth causes of action. The demurrer is sustained without leave to amend as to the seventh, eighth, and eleventh causes of action. Second Cause of Action – Lack of Informed Consent Plaintiff alleges Dr. Smida failed to obtain her informed consent for the procedures performed. Defendants demur to this claim on the following grounds: (1) this cause of action is duplicative of the first cause of action for professional negligence; (2) th...
2018.7.25 Demurrer 107
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.25
Excerpt: ...4c00 00480003005200490003[Action for Interference with Prospective Economic Advantage, and the Seventh Cause of Action for Tortious Interference with Expected Inheritance” and “fails to state a cause of action as to the First Cause of Action for Breach of Fiduciary Duty, Second Cause of Action for Promissory Fraud, Third Cause of Action for Constructive Fraud, the Fourth and Fifth Causes of Action for Elder Abuse, the Sixth Cause of Action fo...
2018.7.20 Motion to Compel Further Responses 552
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2018.7.20
Excerpt: ...tion at issue because it is directly related to the substantive issues of liability. The responses, largely identical objections repeated with a few minor variations for all the items at issue, are improper and unpersuasive. Plaintiffs are to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. The court will reserve its decision on sanctions. ...
2018.7.20 Motion to Change Venue 686
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2018.7.20
Excerpt: ...ant Kingsfield is a resident of Las Vegas, Nevada. First Amended Complaint pages 5‐6. Defendants thus meet their burden of demonstrating that venue is not proper here and is proper in Contra Costa. Plaintiff asserts that venue is proper here because Defendants called him while he was in Sonoma County. A transaction conducted over the telephone could potentially make venue proper in this county, for example if Plaintiff entered into the alleged ...
2018.7.18 Motion to Compel Responses 619
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.18
Excerpt: ...ons, within ten days of this order. Further, the Plaintiff is entitled to $560.00 in sanctions. (See Code Civ. Proc., §§ 708.020(c), 708.030(c), 2030.290(c) and 2031.300(c).) Accordingly, the Plaintiff's motion is granted. The Plaintiff is to draft an order consistent with this ruling. ...
2018.7.18 Motion to Compel Further Responses 296
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.18
Excerpt: ...are not well-taken. The Plaintiff accuses the Defendant of issuing “boiler-plate” objections, and asserting privileges (attorney client/work-product, privacy) without providing a privilege log. The Plaintiff accuses the Defendant of requiring a higher bar for discovery, i.e. admissibility, versus the actual standard, i.e. could potentially lead to admissible evidence. The Plaintiff avers that he and the Defendant met and conferred, which resu...
2018.7.18 Motion to Compel Further Responses 103
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.18
Excerpt: ... Compel Further Responses to Special Interrogatories Granted<004a000300530044005500 00480003> <000300520045004d004800 0051004700030047004c>d not provide <005700480050000f000300 00520045004d00480046>tions appear invalid on their face. Absent a declaration of necessity, a responding party still must respond to the first 35 such interrogatories and Norcal did not do <0046000c00110003003a00 0046004f004400550044>tion of necessity, as Plaintiffs provid...
2018.7.18 Motion for Summary Judgment 050
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.18
Excerpt: ...'s complaint. Further, the Defendant argues that there was no ostensible authority over the dentists involved. The only services the Defendant provided to Defendant Boseovski pertained to: (1) Office Space, Furnishing, and Equipment, (2) In-Center Laboratory Services, (3) Staffing and Human Resources Assistance, (4) Inventory and Supplies, (5) Legal Services, (6) Marketing, (7) Financial Services, (8) Insurance, and (9) Information Technology. Th...
2018.7.11 Motion to Set Aside Dismissal 213
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.11
Excerpt: ...ndant to submit a <00030057004b004c005600 0057004c005200510003>will be considered a waiver of those fees and costs. The court will reset the OSC re dismissal to September 25, 2018 at 3:30 p.m. in Courtroom 18. The Plaintiffs shall draft an order consistent with this ruling. ...
2018.7.11 Motion to Compel Deposition, Responses, Deem Admissions Admitted 677
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.11
Excerpt: ...itten Discovery.”) The Plaintiff states that no response to this discovery was received. The Plaintiff also contends that he served a notice of deposition on the Defendant for a deposition to occur on March 29, 2018. The Plaintiff asserts that the Defendant did not appear, nor provide any indication of unavailability. In response to the Defendant's failure to provide responses or to appear at deposition, the Plaintiff filed the instant motion t...
2018.7.11 Motion for Further Responses 163
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.11
Excerpt: ...relevant from discovery. That being said, the court is sensitive to the claimed confidentiality, and will order the parties to meet and confer in good faith in an attempt to enter into a protective order to shield these documents. Further, as to the claims of privilege, the court will order any asserted privilege to be noted in a privilege log. Accordingly, the Plaintiff is ordered to provide a code compliant response, and to produce all non-priv...
2018.7.11 Demurrer 221
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2018.7.11
Excerpt: ...�� but fails to provide in what capacity the Plaintiff is acting with respect to the claims in the Complaint. The Defendant also contends that the entire Complaint is uncertain. The Defendant also demurrers to each of the causes of action as discussed below. The demurrer has not drawn opposition, however, on July 10, 2018, the Plaintiff filed an amended complaint. If a demurrer is filed a plaintiff only has a right to amend the complaint up to th...
2018.7.10 Petition to Compel Arbitration 390
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.7.10
Excerpt: ... to stay the present civil action pending a resolution of the arbitration. Plaintiff has not opposed the motion. For good cause shown, Defendant's unopposed motion to compel arbitration and for a stay of the present action is GRANTED. For calendar control purposes, a Case Management Conference is scheduled for July 11, 2019 at 3:00 pm in Department 19. Both federal and California law embrace a liberal policy favoring arbitration. (Armendariz v. F...
2018.6.29 Demurrer, Motion to Strike 208
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2018.6.29
Excerpt: ...ause of action for false promise and Sunhill clearly and specifically alleges that Cross‐defendants falsely promised to comply with the new contractual terms in order to induce Sunhill to enter into the new Lease, expend large sums of money on improving the premises, and release the personal guaranty of Steve Maass. Sunhill has leave to amend within 20 days of the service of the notice of entry of this order. Cross‐Defendants are to serve the...
2018.6.27 Motion to Vacate Default Judgment 985
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2018.6.27
Excerpt: ...s motion is GRANTED and the judgment entered against Defendant on March 18, 2015 shall be vacated and the case is dismissed without prejudice. The Code provides that “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment...

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