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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...
2024.05.01 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 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 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...
2024.04.24 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 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 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 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...
2024.04.10 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 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 ...
2024.04.05 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 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...
2024.03.27 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 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 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 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 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 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...
2024.03.20 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 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 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 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 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...
2024.03.06 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...

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