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2023.02.01 Demurrer, Motion to Strike 368
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ...nt alleges that defendant John Randall Hayslip (“Hayslip”) was riding his bike when he suddenly turned directly into Plaintiff's path while she was riding on her Vespa. The collision caused her to fall from the Vespa and hit her head on the ground. As a result, she sustained serious injuries including traumatic brain injuries. With respect to Defendant, the complaint alleges that she negligently entrusted the bike with Hayslip despite knowing...
2023.02.01 Demurrer 303
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ...plaint filed by Plaintiff Daniel Hester (“Plaintiff”). The demurrers to Plaintiff' first cause of action for negligence, fourth cause of action for vicarious liability for employees, and fifth cause of action for liability of government employees pursuant to Government Code section 840.2 are SUSTAINED without leave to amend. The demurrers to the second cause of action for dangerous condition of public property and third cause of action for no...
2023.01.25 Motion for Summary Judgment 339
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.25
Excerpt: ...tal. 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. Plaintiff had two skin grafts and a very painful debridement procedure to remove dead tissue, and she has significant permanent scarring over a wide area of her back. Paramedics and other emergency rescue personnel are entitled to the benefit of the general rule that, absent a special relationsh...
2023.01.25 Demurrer 077
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.25
Excerpt: ...n Management, Inc., Vallen W. Cooper, CPM, Inc., Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") answer to the Complaint, and to affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 and 25. The demurrer is made pursuant to Code of Civil Procedure section 430.20 (a) on the basis affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 ...
2023.01.20 Motion to Dismiss Appeal 803
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.20
Excerpt: ... When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 23, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $9,630.85. On June 17, 2022, Defendant filed a Notice of Appeal. 1. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor Commissioner. “As a condition to filing an appeal, an emp...
2023.01.20 Motion for Summary Judgment, Adjudication 491
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.20
Excerpt: ... FAC alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). Plaintiff alleges that on February 12, 2020, she was involved in a motor vehicle collision caused by defendant Mary Neville (“Neville”). City's personnel, defendants Prokop and Burke (together “Paramedic Defendants”), responded to the scene and undertook to provide medical care to Plaintiff. The FAC allege...
2023.01.11 Motion to Quash Service of Subpoena for Medical Records 882
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.11
Excerpt: ...st Bruce Safer and Cynthia Wise dba Safer Properties Real Estate and Property Management (“Defendants”). The complaint alleges that Defendants owned, managed, and negligently maintained a dangerous condition on their property consisting of a shower and that said shower resulted in injury to the Plaintiff. While not stated in the complaint, the parties state that Plaintiff claims he experienced a seizure while showing at property managed by De...
2023.01.11 Motion for Protective Order 077
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.11
Excerpt: ...s Vallen W. Cooper dba Commonwealth Property Management; Commonwealth Property Management, Inc., Commonwealth Association Management, Inc., Vallen W. Cooper, CPM, Inc.; Vallen W. Cooper; Chad Cooper; Kellin A. Baker; and Kellin A. Baker dba Accurate Maintenance & Janitorial aka Accurate Property Services (“Defendants”) until after Plaintiffs' pending discovery motions have been resolved and Defendants have provided adequate discovery response...
2023.01.11 Demurrer 379
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.11
Excerpt: ...etion in public employees and therefore did not impose mandatory duties; the Penal Code sections cited only contain definitions and therefore do not impose a mandatory duty; and discretionary immunity bars any cause of action for failure to discharge a mandatory duty claim under Welfare and Institutions Code §§ 328 (1998), 16501(f), and 16504. The demurrers are SUSTAINED with leave to amend. This matter is also on for the County's motion to str...
2022.12.14 Demurrer 710
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.12.14
Excerpt: ...Amended Complaint is SUSTAINED. Defendant's Motion to File Documents Under Seal is GRANTED. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Cal. Rules of Court, Rule 3.1312 unless The Court instructs the parties otherwise at the conclusion of the hearing on this matter. Regarding Plaintiff's requests for Judicial Notice, the court takes notice of the following: 1. California Rule of Pr...
2022.12.14 Demurrer 821
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.12.14
Excerpt: ...e of action and is uncertain. The demurrer to the fourth, fifth, sixth, and twelfth causes of action are SUSTAINED. Only the demurrer to the twelfth cause of action is sustained without leave to amend. The demurrer to the remaining causes of action is OVERRULED. On July 14, 2022, Lawrence Strick was appointed demurrer facilitator in this case. Despite the parties' good faith in meeting and conferring with the demurrer facilitator, no resolution w...
2022.12.14 Motion for Preliminary Approval of Class Action Settlement 350
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.12.14
Excerpt: ...ness & Professions (“B&P”) Code section 17200, et seq. Motion Plaintiff seeks preliminary approval of a class‐action settlement (“the Settlement”) covering a class of about 1,885 current and former California resident employees, with a non‐reversionary gross settlement amount (“the Gross Amount” or “GSA”) of $295,000. The Settlement includes payment of attorneys' fees and cost up to one third of the GSA, about $98,332.35 plus ...
2022.12.14 Motion to Compel Payment of Arbitration Fees 510
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.12.14
Excerpt: ....Bisno”); Cross-Complainants JAJ1, LLC; JAJ2, LLC; JAJ3, LLC; JAJ4, LLC; JAJ5, LLC (“JA Entities”); and Robert H. Bisno (“R.Bisno,” altogether “Bisno Parties”) to pay their pro-rata share of arbitration fees. The motion is DENIED. On December 16, 2020, this Court granted Palmer's motion to compel all but the indemnity cause of action alleged in the Bisno Parties' cross-complaint to arbitration based upon arbitration provisions provi...
2022.12.14 OSC Re Injunction 895
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.12.14
Excerpt: ... request of the parties. The motion is DENIED. This matter was initiated on May 26, 2022. The complaint alleges that on August 23, 2007, Plaintiff James William Madden III (“Plaintiff”) signed a promissory note and first-lien deed of trust for a home loan (“the Loan”). In January of 2020, Plaintiff submitted a loan modification application to Wells Fargo Bank (“Wells Fargo”), the entity that Plaintiff believed was the servicer of his ...
2022.12.07 Motion for Approval of Settlement Agreement 515
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.12.07
Excerpt: ...e court to make a final determination that the settlement is fair, reasonable, and adequate. In all other respects, however, the court finds that Plaintiff has resolved the issues which this court raised at the prior hearing. At the original hearing on this matter on October 5, 2022, this court found discussions of the discovery conducted in this litigation, the strengths of the claims, and the reasonableness of the settlement amount, to be inade...
2022.11.30 Motion to Compel Arbitration 350
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.30
Excerpt: ... The motion is DENIED. The contract which contains the arbitration agreement is the Plaintiff's sale contract between her and dealer Hyundai of Petaluma (“HOP”). (Ameripour decl., Exhibit 2.) The contract contains an arbitration provision which indicates that either Plaintiff or HOP, or HOP's employees, agents, successors or assigns, may choose to have a dispute between them decided by arbitration. (Ibid.) The arbitration clause provides that...
2022.11.23 Motion for Attorney Fees 679
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.23
Excerpt: ...sts and expenses in the amount of $12,323.28. The motion is GRANTED. Attorney fees are awarded in the amount of $23,945.00. Costs are awarded in the amount of $7,881.13. 1. Legal Standards California courts use the lodestar analysis to determine reasonable attorney fees. (Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1132.) The lodestar amounts to “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Grp. v. Dr...
2022.11.16 Demurrers 993
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.16
Excerpt: ...tes of limitations. Durgin demurs to the Fourth Cause of Action for Negligence on the grounds that Plaintiff failed to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e), and that it is barred by the applicable statute of limitations, including those provided in Code of Civil Procedure sections 335.1 and 338(a). The demurrers are OVERRULED. Plaintiff's complaint alleges causes of action fo...
2022.11.09 Motion to Compel Deposition of PMK 344
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.09
Excerpt: ...th action wherein Plaintiffs allege that defendant Michael Young (“Young”), while in the course and scope of his employment with Transform, struck decedent Allen Joson, causing his death. On January 11, 2022, defendants Young and Transform (together “Defendants”) filed their answer. Their fourth affirmative defense alleges negligence/fault of others. On August 11, 2022, Plaintiffs served Transform with a Notice of Deposition scheduled for...
2022.11.09 Motion for Judgment Notwithstanding the Verdict, for New Trial 477
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.09
Excerpt: ...ived at trial is insufficient as a matter of law to support the jury's verdict, and that a motion for directed verdict in favor of Jose Alves could have and should have been granted during trial had such motion been made. Plaintiff has also given notice that he intends to move for a new trial pursuant to CCP section 657(1) and (6). A party moving for judgment notwithstanding the verdict and a new trial must serve upon all other parties and file a...
2022.11.09 Motion for Final Approval of Class Action Settlement 937
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.09
Excerpt: ...are filed, this Court will take the compliance hearing off- calendar.” (May 12, 2022 order.) On October 14, 2022, Plaintiff filed the declaration of Taylor Mitzner (“Mitzner”), the case manager at Phoenix Settlement Administrators (“PSA”), on behalf of the settlement administrator regarding Plaintiff's final accounting. The Mitzner declaration indicates that the total amount to be distributed to 478 class members was $224,775.02. (Mitzn...
2022.11.02 Motion for Summary Adjudication 636
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.02
Excerpt: ...hen she caused the subject collision. The motion is DENIED. Plaintiff filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the coarse and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left hand turn at an intersection without yielding to him. 1. Objections CSN's objection number 1 is sustained. The remaining objections...
2022.11.02 Motion for Attorney Fees 008
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.11.02
Excerpt: ...enses in the amount of $12,323.28. In opposition to this motion, Defendant American Honda Motor Co., Inc. filed 45 pages of objections to Plaintiffs' evidence. The majority of these objections are based upon Plaintiffs' counsel's declaration describing the facts alleged in the case. These are not relevant to the issue of attorney fees and/or the declarant lacks personal knowledge of the facts. Defendant's objection numbers 1 through 9, 16, and 18...
2022.10.19 Motion to Vacate Default Judgment and Dismiss Case 411
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.19
Excerpt: .... This action was filed on May 17, 2021, by Johnston | Thomas Attorneys at Law PC (“Plaintiff”) against Kimberly Colvig (“Colvig”). The complaint alleged breach of contract and sought $343,775.00 in damages. The complaint alleged that the parties entered into an agreement for legal services, which Plaintiff provided, but that Colvig failed to pay the amount owed. Plaintiff filed a declaration of non‐service in this case indicating that ...
2022.10.12 Motion to Stay Civil Discovery Pending Resolution of Criminal Matter 344
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.12
Excerpt: ...oson and Lesly Oporto as GAL for Jacob Oporto, a minor (“Plaintiffs”), allege that Young, while in the course and scope of his employment with Services, struck decedent Allen Joson from behind, causing his death. A criminal action is currently pending against defendant Young based upon the same facts at issue in this case. (See SCR‐748635‐1.) “To the extent that such privilege exists under the Constitution of the United States or the St...

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