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2023.11.29 Demurrer 474
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.11.29
Excerpt: ...laintiff's neighbor, Defendant, and Defendant's boyfriend, Steven Knuttel, moved portions of a fence that had been on the boundary line between their two properties and moved it over onto Plaintiff's property to add space to Defendant's yard for the addition of an ADLI. In building the ADLI, Plaintiff alleges that Mr. Knuttel damaged Plaintiff's fence, removed Plaintiff's landscaping, and damaged Plaintiff's drip system. She also alleges that fen...
2023.11.29 Demurrer 115
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.29
Excerpt: ...ing appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also asserts that the c...
2023.11.29 Demurrer 342
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.29
Excerpt: ...intiff brought a Complaint for compensatory and Punitive Damages asserting seven causes of action against her ex-husband, Defendant, alleging he committed acts of domestic violence and sexual assault against her throughout the duration of their marriage. Defendant attempted to meet and confer with Plaintiff as to the third, fourth, and fifth causes of action in Plaintiff's Complaint finding them to be without merit via telephone on two dates in M...
2023.11.22 Motion to Set Aside, Vacate, or Dismiss 643
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.22
Excerpt: ...d, with Plaintiff's interest in the Tractor recorded. It alleges that Defendant purchased the Tractor from Garton Tractor, Inc. ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to ma...
2023.11.22 Motion to Quash Service of Summons and Complaint 310
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ...h, states that Defendant confirmed his identity but that he "tried to refuse service by refusing to take documents and did not state reason for refusal." Mr. ujeh noted, "documents left, seen by subject." In his declaration, Defendant states that on the evening of May 24, 2023, he had returned to his home and was about to leave when he heard a man bellowing from his neighbor's driveway. (Ahlstrom decl., 92.) Defendant asked the man what he needed...
2023.11.22 Motion for Leave to File FAC 703
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ...ry judgment or, in the alternative, summary adjudication, which is set for January 19, 2024. Motion Plaintiff moves the Court for leave to amend the complaint and file a First Amended Complaint ("FAC"). Defendants oppose the motion. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and...
2023.11.22 Motion for Leave to File Amended Petition for Writ of Mandate 198
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ... for leave to file a First Amended Petition ("FAP"). There is no opposition. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and line number, the... allegations are located...." California Rule of Court ("CRC") 3.1324(a). The moving party also must provide a declaration that explains...
2023.11.22 Motion for Evidentiary, Issue, or Terminating Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.22
Excerpt: ...eglect when she was in the care of Defendants. They allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her death. Plaintiffs originally named as Defenda...
2023.11.22 Motion for Disqualification 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ... November 4, 2023, and defendant/cross-defendants John Kelly and William Kelly filed supplemental briefs on November 7, 2023 and 13, respectively. Moving party's argument is that, because the facts establishing Judge Pardo's disqualification arose prior to the orders issued by Judge Pardo, those orders are void or voidable, and that the CCP secton 170.3(b)(4) "good cause" provision does not apply to this situaton. John Kelly and William Kelly bot...
2023.11.15 Motion for Preliminary Approval of PAGA Action Settlement 787
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.15
Excerpt: ...Motion is provisionally GRANTED. The Complaint The Complaint alleges that Defendants failed to comply with designated California Labor Cade ("LC") provisions during the course of his employment with Defendants, and alleges on information and belief that these defective policies were also in place for other employees. The Complaint contains a single cause of achon under PAGA for civil #naltes resulting from the following labor law violations: i) m...
2023.11.15 Demurrer, Motion to Strike Punitive Damages 997
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...
2023.11.15 Motion for Determination of Good Faith Settlement 540
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.11.15
Excerpt: ...lmes, which included a manufactured home. Defendant Lauren Berg was the dual agent for the transaction and Defendant Sotheby's was the dual broker. Plaintiffs allege that oral representations were made by Berg and Sotheby's that the manufactured home had been fully inspected and had received necessary permits, a certificate of occupancy, and was ready to be lived in, but that Plaintiffs later learned the manufactured home had not received certain...
2023.11.15 Motion for Final Approval of Class and PAGA Action Settlement 625
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...easonable; Approving the Class Representative Service Payments in the amounts of $5ßnm; Approving the Attorneys' Fees in the amount of $393,333.33; Approving the Attorneys' Costs in the amount of $16,019.37; Approving the Settlement Administration Costs in the amount of $18,350m; Certifying the Class for settlement purposes; Finding that Class Members were given adequate notce of the Settlement and, in a reasonable manner, advised of their right...
2023.11.15 Motion for Judgment on the Pleadings 048
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...(the "Property") in violation of applicable zoning codes, and filed this action to abate the conditions and uses as well as to recover civil penalties, abatement costs, attorneys' fees, and legal costs. It alleges that Defendants "William J. and Janet M. Freitas" (collectively, "Freitas Defendants") own, operate, possess, and control the Property while Defendant Jason Pierce, referring to himself in his pleadings as Jason Pearce ("Pearce") is the...
2023.11.15 Motion for Leave to File Complaint 506
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.15
Excerpt: ...on. PROCEDURAL HISTORY This achon arises from a property ownership dispute. Clark alleges that she lived with her sister, Seiffert, at 208 Indian Creek Drive, Santa Rosa, California 95409 (the "Property") for a period of roughly nine years, during which time Clark has recently discovered that Seiffert allegedly stole substantial sums of money from Clark while caring for her. (Motion for Leave Memorandum of Points and Authorities ["Motion MPA"I, 2...
2023.11.15 Motion to Compel Arbitration 704
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.11.15
Excerpt: ...ffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreement contains an arbitration clause which states that any controversy or claim arisin...
2023.11.15 Motion for Preliminary Injunction 192
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.15
Excerpt: ...udes a kitchen and living room (the "Common Area"). He alleges that his Room includes a bedroom and bathroom and has a door leading directly into the Common Area, which can also be reached by a door from the outside. However, he complains, the other members of Defendant have bolted and locked both doors to the Common Area and posted a "no trespassing" sign on the outer door to the Common Area, preventing Plaintiff from accessing it. He further co...
2023.11.15 Motion to Compel Arbitration 528
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.15
Excerpt: ... asserting rights under FEHA Ultimately, he claims, he was terminated due to his disability and for discriminatory and retaliatory motives. He specifically alleges that Defendant Jay Garcia ("Garcia"), has manager, and Luz Mejia ("Mejia"), his supervisor and also girlfriend of Garcia, committed the illegal conduct. Motion Defendant Thermo moves the court to compel Plaintiff to submit this matter to binding contractual arbitration. It claims that ...
2023.11.15 Motion to Enter Judgment for Full Settlement Amount 678
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.15
Excerpt: ...udgment in the amount of $48,013.78. The motion is DENIED. CCP S 664.6(a) provides: "If parties to #nding litigation stipulate, 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 th...
2023.11.15 Motion to Enter Judgment or Dismiss Class Action 056
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...ing the complete details of the payment of settlement amounts within the next ten (10) calendar days. The declaration of Gomez, filed January 10, 2023, does not contain the necessary details. The Court reviewed the file and cannot locate another declaration. If Plaintiffs' counsel previously filed a declaration that addresses the concerns listed in this tentative, the Court requests Plaintiffs' counsel contact the Court. Following final approval,...
2023.11.15 Motion to Expunge Lis Pendens 072
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...
2023.11.15 Motion to Strike 623
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.15
Excerpt: ...Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. "Where a written instrumen...
2023.11.15 Motion to Strike Request for General Damages 679
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.15
Excerpt: ...iv. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 436(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A moton to strike is a...
2023.11.08 Motion for Attorney Fees 254
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ..., 2018, they purchased a 2018 Honda Odyssey ("the Vehicle") for which Defendant provided warranties ("the Warranties"), but the Vehicle was defective and, although she brought it to Defendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("...
2023.11.08 Demurrer 240
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.11.08
Excerpt: ...tiffs") on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendants Massachusetts Mutual Life Insurance Company ("MassMutual") and MML Investors Services, LLC ("MML") join the demurrer. The demurrer is OVERRULED. The FAC alleges that the Romans are insurance agents/producers/brokers with MML and MassMutual. (FAC, 926.) As early as 2010, in an effort to provide for the health and well-being o...
2023.11.08 Demurrer 342
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ... conducting proceedings to revoke his license based on a coerced guilty plea to the crime of tax evasion. He contends that Respondents have failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," ...
2023.11.08 Demurrer 984
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.08
Excerpt: ...ward as a class, defined as: "All parents, family members, guardians or students in the United States who paid tuition to Defendant Sonoma Academy during the year(s) to 2020 for students who graduated before July 2020." SAC 115. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of acton. D...
2023.11.08 Demurrer, Motion to Strike 556
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.08
Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...
2023.11.08 Motion to Compel Further Responses 632
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.08
Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...
2023.11.08 Motion for Class Certification of Settlement Class, Preliminary Approval of Class Action and PAGA Settlement 596
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.11.08
Excerpt: ...vid Spivak of The Spivak Law Firm and Walter L. Haines of United Employees Law Group, PC as Class Counsel; (5) appointing Plaintiff as Class Representative ("Class Representative"); (6) approving the use of the notice procedures and related forms; (7) directing that notice be mailed to the proposed Settlement Class; and (8) scheduling a hearing date for the moton for final approval of the class action settlement and for an award of attorneys' fee...
2023.11.08 Motion for Entry of Judgment 180
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ..., and Defendant's employee on more than one occasion came to the Premises to perform repair work when Plaintiff and her minor children were in the Premises. Amongst other things, the Employee made numerous sexual references to Plaintiff, discussed his sexual relations, and made disparaging remarks about Plaintiff participating in the Voucher Program for Low Income Family in order to lease the Premises. On September 15, 2022, Defendant served Plai...
2023.11.08 Motion to Strike of Tax Costs 378
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.11.08
Excerpt: ..., which the city council ("Council") of City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitgated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for the Project in June 2018, but members of Petitioner appealed to Respondent's City Council ("Council"). Petitoner sets forth two ca...
2023.11.08 Motions to Compel Answers 491
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.08
Excerpt: ...and to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. Defendant has filed a declaration of non-oppositon to all motions. The unopposed Motons to compel are GRANTED. The parties are ORDERED TO APPEAR on the issue of time for compliance. Plaintiff's motion to deem admissions admitted is also APPEARANCES REQUIRED. Defendant shall pay $560 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this ...
2023.11.08 Motion for Conditional Certification of Class and Preliminary Approval of Class Action Settlement 587
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.08
Excerpt: ... GRANTED. The Complaint The presently 0#rative First Amended Complaint ("Complaint") alleges that Defendants failed to comply with California Labor Code ("LC") provisions during the course of his employment with Defendants, and alleges on information and that these policies were also enforced on other employees. The Complaint contains causes of achon for: (i) failure to pay minimum wages; (ii) failure to pay overtime wages; (iii) failure to provi...
2023.11.01 Motion to Compel Subsequent Deposition 837
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.01
Excerpt: ...) S 2025.610 to compel subsequent deposition. The Motion is GRANTED in part and DENIED in part. Goveming Law Natural persons, including parties to the action, may not be deposed more than once without a court order based on a show-ng of cause. CCP S 2025.610(a), (b); see Fairmont Ins. Co. v. Sup.Ct. (Stende") 22 cal.4th 245, 254. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness bef...
2023.11.01 Motion to Compel Responses, for Sanctions 945
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.01
Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...
2023.11.01 Demurrer, Motion to Strike 322
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.11.01
Excerpt: ...arising initially out alleged violations of the Court's orders in another case, SCV-265225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of parties. The Demurrer is SUSTAIN...
2023.11.01 Demurrer to FAC 168
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.11.01
Excerpt: ...scencion Roman ("Roman") caused an automobile accident on November 2, 2019, which caused Plaintiff serious injuries and which required numerous surgeries. (FAC, 97.) At the time of the accident, Roman was insured by Encompass with a $50,000 per person, $100,000 per accident insurance policy ("the Policy"). (FAC, 98.) On June 25, 2020, Plaintiff made a demand to Encompass, through claims adjustor Maasberg, for payment of the $50,000 limit of the P...
2023.10.25 Motion for Final Approval of Class and Representative Action Settlement 591
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.10.25
Excerpt: ...exity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement." (Kullar v. Foot Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 128, citing Dunk v. Ford Motor c...
2023.10.25 Demurrer to FAC 527
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.10.25
Excerpt: ...stained with leave to amend as to Jane Does #3, #6, and #7's third cause of action against Defendant; 4. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fourth cause of action against Defendant; 5. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fifth cause of action against Defendant; 6. The Demurrer is sustained with leave to amend as to Jane Does #1, #2, #3, #5, and #7's eighth cause of actio...
2023.10.25 Demurrer, Motion to Strike 239
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...complaint on July 25, 2022, Plaintiff filed of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream'...
2023.10.25 Demurrer, Motion to Strike Punitive Damages and Attorney Fees
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.10.25
Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...
2023.10.25 Motion for Attorney Fees 601
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...ress, menace (extortion), and conspiracy (the "Complaint"). Defendant filed a special Anti-SLAPP motion to strike pursuant to Code Civil of Procedure ("CCP") S 425.16 ("the Motion to Strike"). The Moton to Strike was granted by this Court on April 13, 2022, ("Order") and plaintffs appealed. While the appeal was pending, this court granted Defendant's Motion for Attorneys' Fees and Costs based on CCP 5425.16 and the court's Order granting the Moti...
2023.10.25 Motion to Strike Punitive Damages 078
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.10.25
Excerpt: ...ions to Strike A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A motion to strike is also properly directed to unauthorized claims fo...
2023.10.25 Motion for Leave to Set Aside Default, Judgment 834
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.10.25
Excerpt: ...tant complaint against Defendant on May 8, 2023. Moving Defendant was personally served on May 25, 2023. Plaintiff requested entry of default on August 30, 2023, which was granted against Defendant. Defendant filed the instant motion to set aside the default on September 19, 2023. Plaintiff has filed no opposition to the motion. Governing Law "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a ...
2023.10.25 Motion for Preliminary Approval of Class Action Settlement 593
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...r Defendant's potential exposure. The court requires this in order to make a final determination regarding whether the Settlement as a whole is fair and reasonable in this regard. In all other respects, the court finds the information and terms of the Settlement to be fair and reasonable for the purposes of this hearing and finds no potential inadequacies at this time. Facts and History Plaintiff Ricardo Perez Ruelas ("Perez") in this action, SCV...
2023.10.25 Motion for Terminating Sanctions 180
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.10.25
Excerpt: ...Iac"). Or, as another alternative, ELCA requests an order compelling Codac to produce all responsive documents. The motion is DENIED. However, the parties are ordered to meet and confer to appropriately narrow the scope of the records sought and, if necessary, consider an appropriate protective order. The motion is DENIED Plaintiff's complaint alleges that she was a victm of childhood sexual assault and abuse that occurred in Rohnert Park from 19...
2023.10.25 Motion to Compel Responses 354
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...story Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowng the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a month in retur...
2023.10.25 OSC Re Dismissal 561
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.10.25
Excerpt: ...s and History Alleging that he owns and resides on residential real property at 12097 Ramsey Road, Sebastopol, CA (the "Property") and obtained a loan (the "Loan") secured with a Deed of Trust (the "DOT") against the Property, Plaintiff complains that Defendants have improperly attempted to foreclose against the Property. Among other things, he alleges that he submitted a complete application to modify the Loan (the "Application"), but Defendants...
2023.10.25 Demurrer to FAC 313
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.10.25
Excerpt: ...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. superiorcourt (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency 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. ...

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