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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...
2022.10.12 Motion to Compel Further Responses 889
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.12
Excerpt: ....12, 15.1, 16.2, 16.3, 16.4, 16.5, and 16.6; and Special Interrogatories, Set One, numbers 14 and 15. The motion is DENIED as to Form Interrogatories 2.3, 2.5, 2.7, and 14.1. Sanctions are awarded in Plaintiff's favor against Defendants and their counsel of record in the amount of $3,044.00. Plaintiff served Form Interrogatories, Set One, on Defendants on April 15, 2022. (Declaration of Josh West [“West Decl.”], ¶¶ 2, 3, Exs. 1‐2.) Plaint...
2022.10.12 Motion for Summary Adjudication 679
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.12
Excerpt: ...Plaintiffs”). The motion is DENIED. Plaintiff's second cause of action in their cross‐complaint alleges that plaintiffs William Tourady and Ginger Tourady (“Touradys”) are the owners by adverse possession of certain real property comprising a rectangular strip of land consisting of fifteen (15) acres, more or less, between the eastern border of Sonoma County Assessor's Parcel Number 106‐250‐011 as marked by a very old fence line runni...
2022.10.05 Motion to Vacate Trial 125
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ...t a case management conference for September 20, 2022, at 3:00 p.m., in Department 16. Accordingly, this motion is MOOT. #2: Motion for Terminating Sanctions This matter is also on calendar for the motion of Defendants Sutter Bay Hospitals dba Sutter Santa Rosa Regional Hospital and Cristina Cuellar (“Defendants”) for an order for terminating sanctions and entering judgment by default against Plaintiff Dan Diaz (“Plaintiff”). The motion i...
2022.10.05 Motion to Enforce Written Settlement Agreement 769
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ... ICW and Defendant All-Terrane Excavating, Inc. entered into a written Settlement Agreement to resolve the issues raised in the complaint. Pursuant to the terms of the Settlement Agreement, it was agreed that commencing on September 15, 2021, Defendant would make to ICW, five (5) equal payments of $2,831.11 per month, and one final payment of $2,831.13, for a total of $16,986.68. All payments were due and were to be received by ICW on or before t...
2022.10.05 Motion for Attorney Fees 167
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ...any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the i...
2022.10.05 Motion for Approval of Settlement Agreement 515
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ...pay wages due at separation of employment. 1. PAGA standards Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Cal Labor Code section 2699(a).) 75 percent of any penalties recovered go to the Labor and Workforce Development Agency (“LWDA”), leaving the remaining 25 percent for the employees. (Id. at (i).) PAGA is inten...
2022.09.28 Motion to Compel Arbitration, to Stay Action 300
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.28
Excerpt: ...Dale decl., ¶1.) Due to his position with RAC, he has access to, and is familiar with, RAC's business records, including personnel records. (Id., ¶¶2, 4.) Mr. Dale states that Plaintiff was hired by RAC as a Customer Service Representative on February 4, 2016. (Id., ¶5.) He states: “As part of Plaintiff's onboarding process, Plaintiff reviewed and completed new hire documents using Taleo, RAC's online onboarding platform. As part of the onl...
2022.09.28 Demurrer, for Sanctions 587
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.28
Excerpt: ...r sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 in the amount of $50,000 for Plaintiffs' allegedly meritless demurrer to JRK's amended answer. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California. JRK Residential is a subsidi...
2022.09.21 Motion to Stay Action 833
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.21
Excerpt: ...ated, Defendant brandished a firearm at a third party driving a Honda Civic. Defendant allegedly drove his Chevy Silverado into the Honda Civic multiple times causing both vehicles to block southbound US-101 in a perpendicular position. At the same time, Plaintiff was driving her Hyundai Tucson southbound on US-101. She was unable to avoid the vehicles obstructing the highway and collied into them. She obtained serious injuries. Plaintiff's compl...
2022.09.21 Motion to Permit Complaint to be Amended 960
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.21
Excerpt: ...e complaint, which is GRANTED. Trial currently set for October 7, 2022, is hereby vacated. Discovery is reopened. The Court hereby sets this matter for a Case Management Conference on January 17, 2023, at 3:30 p.m., in Department 16. The Court will reset the matter for trial at that time. Plaintiff is ordered to file the proposed amended complaint within 10 days of this order. “The court may, in furtherance of justice, and on any terms as may b...
2022.09.21 Motion to Compel Arbitration 696
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.21
Excerpt: ...(3),(b),(d); and for breach of the implied warranty of merchantability based upon Plaintiff's purchase of a 2015 Ford F-350 vehicle. Pursuant to this motion, Ford argues that each of Plaintiff's claims are subject to mandatory arbitration pursuant to the Retail Installment Sale Contract (“RISC Agreement”) which states that all disputes between the parties are subject to arbitration under the Federal Arbitration Act (“FAA”). Under the FAA,...
2022.09.14 Motions to Compel Further Responses 077
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.14
Excerpt: ...ories, Set One, Numbers 2.3, 4.1, 12.1, 12.2, 12.4, and 17.1; Special Interrogatories, Set One, Numbers 3-17, and 19-45; and Request for Production of Documents, Set One, numbers 1, 3-8, and 10-34 is GRANTED. The motion is DENIED as to Plaintiffs' Request for Production of Documents numbers 2 and 9. Sanctions are awarded against Defendant and her counsel of record, Raymond N. Stella Erlach, in the amount of $2,000. The motion to compel defendant ...
2022.09.09 Motion to Quash Service of Summons 441
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.09
Excerpt: ...on against the Graton Resort & Casino alleging that he was profiled and harassed because of his race by two Graton Security Officers in the Casino's parking lot. Plaintiff states he was approached by the security officers while sitting in his car and explained to them his medical reasons for his prolonged time in his car. Plaintiff complains that other patrons sitting in other vehicles were not approached. Plaintiff's complaint is based upon peac...
2022.09.09 Motion for Sanctions 877
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.09
Excerpt: ...es of action 1-5 in the cross-complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. Defendants oppose the motion, arguing that they have evidentiary and legal support for their claims. CCP section 128.7 imposes a requirement that every motion, pleading, and the like be represented as brought in good faith, with a good-faith belief that it is valid and not for ...
2022.09.09 Motion for Attorney Fees 439
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.09
Excerpt: ...endant General Motors, LLC (“Defendant”) for breach of the implied warranty of merchantability and breach of express warranty under the Song-Beverly Warranty Act. The parties settled pursuant to Defendant's Offer of Compromise wherein Defendant agreed to settle this case for $17,000 and permitting Plaintiff to keep the nine-year old vehicle at issue in this case. The Offer of Compromise was signed by Defendant's counsel on August 16, 2021 and...
2022.08.31 Motion to Certify Class 731
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.31
Excerpt: ...ry 15, 2015 and the date of class certification; (2) Meal Period Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California who worked a shift of at least five (5) hours between February 15, 2015 and the date of class certification; (3) Off‐the‐Clock Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California between February 15, 2015 and ...
2022.08.24 Motion to Quash Service of Summons and Complaint, Vacte Default 091
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.24
Excerpt: ...��the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A registered process server's declaration of service establishes a presumption affecting the burden of producing evidence of the facts stated in the declaration. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.) Proof of ser...
2022.08.24 Motion to Certify Action as Class for Settlement Purposes Only 854
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.24
Excerpt: ...T. Barnes and United Employees Law Group, PC, as Class Counsel. The motion is GRANTED. A settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing. (Cal. Rules of Court, Rule 3.769(a).) Any party to a settlement agreement may serve and file a written notice of motion for preliminary approval of the settlement. (Rule 3.769(c).) The settlement ag...
2022.08.24 Motion for Attorney Fees 678
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.24
Excerpt: ... himself, his wife Sheri Peterson, and his daughter Brittney Peterson. The Petition stated that Respondent had stalked Brittney Peterson for years, assaulted her, and threatened to shoot Petitioner. After the hearing on this matter on March 23, 2022, a Civil Harassment Restraining Order was filed against Respondent (“the Order”). The Order requires the Respondent stay at least 500 yards away from each of the protected people, which also inclu...
2022.08.17 Motion to Compel Further Responses, for Sanctions 683
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.17
Excerpt: ...- 16.5, and 17.1. In opposition, Defendant has agreed to amend his responses to these form interrogatories. The motion is GRANTED. Sanctions are awarded on this motion in the amount of $1,206.50. Defendant argues that, despite agreeing that his answers to these form interrogatories should be amended, sanctions are not appropriate because of the total number of discovery requests that were made in this case, because he provided responses and has a...
2022.08.17 Motion to Compel Further Responses 350
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.17
Excerpt: ...in Defendant's favor in the amount of $1,576.65. On August 4, 2022, this Court filed an Amended Notice and Order of Appointment of Eric Young as Discovery Facilitator. Mr. Young met with the parties and has filed his report with the Court. The Court thanks Mr. Young for his time and service in this matter. First, the Court notes that Defendant has not provided a separate statement as required by Cal. Rules of Court, Rule 3.1345. However, as this ...
2022.08.17 Motion to Compel Arbitration 342
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.17
Excerpt: ... Repair. It alleges that on or about September 30, 2020, Plaintiff purchased a new 2020 Mercedes GLC350E4 (“the Vehicle”) from Defendants. (Complaint, ¶6.) The Vehicle had 180 miles on the odometer at the time of delivery. (Ibid.) The Vehicle came with an express warranty. (Id., at ¶7.) Plaintiff alleges she tendered the Vehicle with 13,152 miles on the odometer to Dealer on June 23, 2021, for various malfunctions, including an error messag...
2022.08.03 Motion to Compel Deposition, Production of Docs, for Sanctions 680
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.03
Excerpt: ...ments requested in the deposition notices. Plaintiff requests sanctions. 1. Deposition of Michael Mallatt, P.A. In opposition, Defendant Michael Mallatt indicates that his deposition was taken on July 12, 2022. Thus, except as to the issue of sanctions, this motion is moot. Sanctions are sought, in part, pursuant to Code of Civil Procedure section 2025.450(g)(1), which provides: “If a motion under subdivision (a) is granted, the court shall imp...
2022.08.03 Motion for Attorney Fees 258
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.08.03
Excerpt: ...ies in this action. The right to attorney fees is based upon the Deed of Trust and Promissory Note that was at issue in this case. Code of Civil Procedure sections 1032 and 1033.5(a)(10) together allow the prevailing party in an action to obtain attorney fees as costs when authorized by contract, statute, or law. Code of Civil Procedure section 1032(a)(4) defines a “prevailing party” as including “the party with a net monetary recovery, a d...

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