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2023.04.19 Motion for Entry of Default Judgment and Permanent Injunction 118
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...perties located at 3540 Oakhaven Court, Santa Rosa, formally known as APN 029-222-009 ("Oakhaven"), and 4064 Bayberry Drive, formally known as APN 029-222-010 ("Bayberry"), in the unincorporated areas of Sonoma County (together "the Properties"). The County alleges that the code violations on the Properties have created a public nuisance. The County states that, as of the time this motion was filed, it has incurred costs, attorney fees, and daily...
2023.04.19 Motion for Default Judgment and Permanent Injunction 986
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...also known as, Assessor's Parcel Number 055-220-015) ("Subject Pro#rty"). (Memorandum of Points and Authorities in support of the County's Motion for Default ["MPA"I, 991-15.) The County then inspected the property, observed the unpermitted structure, and served a notice and order to stop work on constructon personally to Defendant Ricky Googins and mailed the same to their address. (Ibid.) After a lack of response or appeal from Defendants on th...
2023.04.19 Demurrer to SAC 710
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...late 2020, the County performed an investigation of a complaint made against Plaintiff, a sworn peace officer as defined in Penal Code sections 830 and 830.1, by a member of the Board of Supervisors ("BOS"). The investigation was completed on December 11, 2020, and the BOS issued a Formal Notice of Outcome of Investigation. Thereafter, the Press Democrat requested the investigation documents pursuant to a Public Records Act request and the BOS in...
2023.04.12 Motion to Compel Arbitration and Stay Case 644
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.12
Excerpt: ...dant. Prior to his employment at City Sports, Plaintiff had over 25 years in the health and fitness industry managing other commercial fitness facilities with similar business models as that of City Sports. In summary, Plaintiff alleges that City Sport's Regional Vice President of Fitness Sales, in part, made false promises to him; saddled him with work not required of other younger employees; failed to promote him as promised; promoted younger, ...
2023.04.12 Motion for Attorney Fees 096
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.12
Excerpt: ...ner filed this action against Respondent pursuant to Welfare & Institutons Code section 15657.03. The prevailing party in an action brought under this section may be awarded court costs and attorney s fees, if any. (Welf. & Inst. Code, S 15657.03(t).) Code of Civil Procedure section 1032 indicates that when a party recovers other than monetary relief, the court determines the prevailing party. Here, Petitioner is the prevailing party as, after a ...
2023.04.05 Motion to Set Aside Conditional Settlement Agreement 244
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...the Property, the Referee determined that the minimum price for the Property set out in the settlement agreement is grossly excessive. He provides the following reasons why he believes the Property is worth less than half of the amount set out in the settlement agreement. It is a faux winery that has been converted to vinegar production, which is incompatible with wine production. All existing equipment would have to be removed and replaced to re...
2023.04.05 Motion to Consolidate 725
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ... consolidation will avoid unnecessary costs and delay as both cases can be tried as a single matter, eliminate the cost and expense of a second trial on the same facts, and promote judicial economy. This action involves plaintiffs Luisa Florencio Rivera ("Rivera"), Joanna Florencio ("Florencio"), and minor Felipe Carapia ("Carapia"), and defendants Thomas Louis Salazar ("Salazar") and David Michael Sullivan ("Sullivan"). The complaint alleges tha...
2023.04.05 Motion for Leave to File FAC 534
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...stic Bakery International, Inc. as a named defendant. The motion is GRANTED. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, ...
2023.04.05 Demurrer 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...he owns 1% of the Property. He began living at the Property in approximately 2006. At that time, he paid rent to Enrique. In 2014, Enrique informed his children, including Onel, that he agreed that his interest in the Property belonged to Onel's mother, Juana Ramirez ("Ramirez") and that Onel should pay rent to her, which Onel states he has done. However, One' alleges that Enrique later devised a scheme to deprive Ramirez of her interest in the P...
2023.03.29 Demurrer, Motion to Strike 346
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.29
Excerpt: ...ve to amend, Defendants' concurrently filed motion to strike is GRANTED without leave to amend, as to the entre complaint. . Procedural History This action arises from Plaintiffs default on his mortgage and subsequent foreclosure on his home located at 9688 Barnett Valley Road, Sebastopol, California, 95472. (Complaint, 3, 11-21; Demurrer, 13:24-28, 14:1-13.) Plaintiff brought two separate, nearly identical actions in this Court regarding the sam...
2023.03.22 Motion to Compel Forensic Exam of Cell Phone 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.22
Excerpt: ... on Plaintiff's cellphone on the date of the subject accident. Sanctions are granted in the amount of $1,050. Defendant argues that good cause exists to compel further response from Plaintiff requiring Defendant to produce his cell phone for inspection under Cal. Civ. Proc. Code SS 2031.310, 2016.040 because Defendant is only seeking relevant information that is admissible in evidence and reasonably calculated to lead to the discovery of admissib...
2023.03.15 Demurrer, Motion to Strike 350
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...his is a "Lemon Law" case brought by Plaintiff concerning a 2016 Hyundai Sonata, VIN KMHE54L24GA021333 ("the Vehicle") which Plaintiff alleges she purchased on or about March 2016. (FAC 9.) Plaintiffs FAC alleges that the Vehicle is a 2016 Sonata Hybrid vehicle with a 2.0L 14F DOHC 16V GDI NU engine ("Nu engine"), instead of the Theta II 2.0 engine that was alleged in the original complaint and barred by res judicata as a result of class actions....
2023.03.15 Motion to Compel Mental Exam 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ... in the court's file. 2. Mental Examination Plaintiff does not object to the mental examination; he had stipulated to it and agrees that he put his mental state at issue. However, his dispute is over the conditions, scope, and nature of the mental examination. Plaintiff has requested that defense expert Dr. Sharon Perlman Berry's raw data materials be sent directly to his counsel; that his examination be audio recorded; and, that the scope and li...
2023.03.15 Motion to Arbitration All Claims and Stay Action 738
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...al Hospital. Plaintiff alleges that she has an insurance policy with Defendant which includes underinsured motorist coverage in the amount of $5COO[n. On August 22, 2022, Plaintiff settled her claim with the underinsured motorist for her policy limit of $15,0W. Thereafter, Plaintiff demanded payment from Defendant in the amount of $485,0Cü Defendant has refused to pay. Plaintiff's complaint alleges causes of action for breach of insurance contra...
2023.03.15 Special Motion to Strike 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...
2023.03.08 Motion for Judgment on the Pleadings 708
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.08
Excerpt: ...on for breach of contract alleges that Defendant agreed to rent 701 Bailey Avenue in Petaluma for $2,000 a month. On or about January 8, 2021, he vacated the property leaving extensive damage, unpaid rent, and debris. Plaintiffs allege that Defendant owes $4,000 in unpaid rent, property damage repairs in excess of $25,000, and debris removal in excess of $5,000. Plaintiff's cause of action for conversion alleges that Defendant took a $30,000 cash...
2023.03.08 Demurrer 872
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.08
Excerpt: ...., in Department 16, to allow Shep to address the merits of the demurrer. The FACC contains causes of action against Craft for (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Express Indemnity; (4) Contribution and Repayment; and, (5) Declaratory Relief. The court notes that Craft's demurrer does not include the third cause of action for express indemnity first raised in the FACC; and, the original cross-complaint is reference...
2023.03.01 Motion for Consolidation 092
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.01
Excerpt: ...s”). Perryman alleges that in 2018, he turned to Defendants for a private hard money loan. Under the terms of the installment note, starting June 30, 2018, Perryman was to make monthly payments of $500. Late payments were subject to a 5% late fee. On November 30, 2018, the entire unpaid balance, together with accrued interest at 12%, would become due. Thereafter, the parties entered into a January 14, 2019 agreement whereby Perryman would make ...
2023.02.24 Motion for Summary Judgment 339
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.24
Excerpt: ...'s complaint alleges a paramedic or paramedics employed or contracted by Defendant moved the unconscious Plaintiff, Alexis Mendez (“Plaintiff”), onto hot pavement prior to transporting her to the hospital. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. As a result, Plaintiff had two skin grafts and a very painful debridement procedure to remo...
2023.02.17 Motion to Set Aside Default Judgment 405
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.17
Excerpt: ...im or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) The complaint in this matter was filed on March 17, 2022. It alleges that Defendant breached the terms of a workers compensation insurance policy and owes Plaintiff $96,343.38 together with interest. Proof of service of summons, complaint, and notice of assignment was filed on May 23, 2022. It states that Defendant was personally s...
2023.02.17 Motion to Dismiss Case 880
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.17
Excerpt: ...453, 1457,1458, 1501, 1504, and 1505 and argues that counsel for the County has not provided Surety Bonds and have thus not shown that the County is not an illegitimate governmental entity. Government Code sections 1360 and 1363 relate to the oath taken by elected or appointed officers. Sections 1450, 1451, 1452, 1453, 1457, and 1458 pertain to official bonds. Sections 1501, 1504, and 1505 pertain to the condition and form of bonds. While no decl...
2023.02.17 Motion to Compel Further Responses, for Sanctions 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.17
Excerpt: ...ant and Intervenor Juana Ramirez to compel Plaintiff to provide further responses to Defendant's Demand for Inspection, Copying and Production of Documents, Set One, and Special Interrogatories, Set One. Defendant also seeks sanctions. On January 3, 2023, Plaintiff filed a special motion to strike Defendant's First Amended Cross-Complaint pursuant to CCP section 425.16. Subsection (g) of CCP section 425.16 provides: “All discovery proceedings i...
2023.02.08 Petition to Vacate Final Arbitration Award 211
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.08
Excerpt: ...administrator of the Estate of Shasikant B. Patel (“Respondent”). The motion is made on the grounds that the Award was procured by the Respondent's fraudulent representation that she was the legally appointed “personal representative” of the estate of her deceased husband, Shasikant Patel (together with Respondent “the Patels”), and that the Arbitrator failed to determine the central question presented for arbitration—i.e., the valu...
2023.02.01 Petition for Writ of Mandate 568
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ... Care & Children's Health Initiative” (the “Initiative”) to submit signatures for qualification of the Initiative for the November 2024 election, and to allow the Registrar of Voters to accept and examine additional signatures, notwithstanding the requirements that all sections of initiative petitions be submitted to county officials at the same time and that no further action be taken on a petition that initially fails to qualify. Petition...
2023.02.01 Motion for Leave to File Complaint 472
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ...nification as to the claims of Plaintiffs Latchmi Lala and Kevin Lala (together “Lala Plaintiffs”) per the contractual terms of the subject lease agreement entered into between Plaintiffs and Defendants. The motion is GRANTED. Plaintiffs filed their complaint on May 26, 2021, alleging causes of action against Defendants for (1) Premises Liability; (2) Negligence; (3) Intentional Misrepresentation; (4) Breach of Contract; (5) Breach of Warrant...

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