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2022.03.09 Motion to Compel Further Responses 530
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.03.09
Excerpt: ...he Project”) in and for Defendant City of Santa Rosa (“City”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and comm...
2022.03.09 Motion to Compel Arbitration and Stay Action 815
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.03.09
Excerpt: ...m or recalled or replaced the defective parts. Defendant moves the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration. It relies on an arbitration provision in the retail sales agreement between Plaintiff and Sanderson (“the Contract”). Plaintiff opposes the motion, arguing that Defendant admits that it is not a signatory to the Contract and that Defendant is not among those ...
2022.03.09 Motion for Determination of Good Faith Settlement 572
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.03.09
Excerpt: ...tantial litigation since Plaintiffs filed it in June 2019. However, Plaintiffs filed a conditional notice of settlement of the entire action on October 21, 2021. Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) filed a motion for determination of good faith settlement regarding its settlement with John Doe 5. This court granted that motion on November 10, 2021. On January 11, 2022, Plaintiffs dismissed the claims against Defend...
2022.03.09 Motion for Attorney Fees, for Entry of Judgment 834
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.03.09
Excerpt: ...ught a Motion to Enforce Settlement in which they asserted that the parties entered into a written settlement agreement (“the Settlement.). They sought to enforce the Settlement between the parties and have the court enter judgment thereon, and recover attorney's fees and costs, arguing that Defendants had failed to perform. Defendants admitted that the parties entered into the written Settlement but contended that they had “substantially” ...
2022.03.03 Petition for Writ of Mandate 770
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.03.03
Excerpt: ...mpact Fees”) but that Respondent must refund these pursuant to Gov. Code section 66001 (“section 66001”). Petitioner contends that Respondent must refund the Impact Fees because it did not make required 5-Year Nexus Study Findings (“the Findings”) and because “the funds are surplus funds not needed because the anticipated detrimental impact failed to materialize.” Petition ¶12. Originally, Plaintiff and Petitioner Norine T. Hamilto...
2022.02.28 Motion to Enforce Settlement Agreement 882
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.28
Excerpt: ...efendants were co-owners and tenants in common, with Plaintiff owning an undivided 1/3 interest, Defendant Nataline Buchignani (“Nataline”) an undivided 1/3 interest, and Defendants Gino Buchignani (“Gino”) and Gina Buchignani (“Gina”) together an undivided 1/3 interest. Plaintiff dismissed the entire action without prejudice on February 13, 2019. Defendants Gino and Gina move the court to compel Plaintiff, an entity named the Carli C...
2022.02.25 Motion to Compel Further Responses, for Monetary Sanctions 746
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.25
Excerpt: ...t Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras's actions or discipline him; Luna and La Prenda knew of Contreras's conduct and allowed it to occur, even endorsing the conduct, aiding and abetting him, and conspiring with him against Plaintiff; Luna and La Prenda terminated Pla...
2022.02.25 Motion to be Appointed Court Approved Counsel 567
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.25
Excerpt: ...volves claims, events, disputes, and other issues outside the scope of this action. In this lawsuit, Plaintiff is asserting claims for medical malpractice against health-care providers unrelated to the prison or his incarceration. In this motion, by contrast, Plaintiff requests counsel for claims or disputes involving guards, staff, and other inmates of the prison in which he is incarcerated, for events and with parties unrelated to the medical c...
2022.02.25 Motion for Summary Judgment, Adjudication 263
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.25
Excerpt: ...�) but although Plaintiff has fully performed, the Bessettes have failed to pay the amount agreed. It asserts for causes of action: 1) Foreclosure of Mechanic's Lien; 2) Breach of Contract; 3) for Work, Labor, Services, and Material Rendered; and 4) Unjust Enrichment. However, Plaintiff dismissed the first cause of action, as well as claims against Umpqua Bank. The Bessettes filed a cross-complaint against Plaintiff of breach of contract, breach ...
2022.02.25 Motion for Attorney Fees 094
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.25
Excerpt: ...r Defendant (collectively, Meztger and Defendant are “Cross-Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two causes of action, both based on the assertion that Defendant's facility was not properly accessible to wheelchair users. The first cause of action was for violation of He...
2022.02.23 Motion to Enforce Settlement Agreement 591
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.23
Excerpt: ... on March 17, 2022 at 10:00 a.m. in Department #19. Plaintiff must file timely proof of service demonstrating proper service on Defendant of the OSC with full hearing information, as necessary for service of summons and complaint. The court, finally, finds that the evidence presented generally supports the requested imposition of sanctions pursuant to CCP section 177.5 but will make a final determination of the propriety of such an award at the s...
2022.02.16 Motion for Attorney Fees 268
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.16
Excerpt: ...il 8, 2018, but that Defendant improperly cancelled the Policy without notice to Plaintiffs on October 3, 2017, just 6 days before a fire destroyed the home on the Property. Defendant brought a motion for summary judgment or summary adjudication and Plaintiffs brought a counter motion for summary adjudication on the issue of the duty to provide coverage. The trial court in November 2019 denied Defendant's motion and granted Plaintiff's motion on ...
2022.02.16 Motion for Summary Adjudication 397
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.16
Excerpt: ...public record. A. Facts and History Plaintiff alleges that it was, and is, engaged in the business or producing and selling “premium” wines and that Defendants were, and are, merchants engaged in manufacturing, marketing, distributing, and selling microfiltration systems for processing and clarifying wine. It complains that after reviewing Defendants' representations about their filters (“Filters”) and the filtration system (“Filtration...
2022.02.16 Petition to Compel Arbitration 074
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.16
Excerpt: ... 2021, she was suffering from mild dementia with a history of neck and back surgeries, was able to walk but required assistance in daily activities, and was vulnerable to pressure ulcers and skin wounds. Eventually, she told her daughter that she did not feel good and it was discovered that Plaintiff was suffering pressure ulcers and skin wounds. She complains that Defendant Leah Archer (“Archer”) managed and operated the Facility and was ult...
2022.02.09 Motion to Deem RFAs Admitted and Enter Judgment on the Pleadings 427
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.09
Excerpt: ...onding party provides responses in substantial compliance with the requirements by the time of the hearing. CCP section 2033.280(c) (the court “shall” deem the requests admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Plaintiff complains tha...
2022.02.09 Motion to Compel Further Responses 282
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.09
Excerpt: ... determine interests in, real property at 948 Leddy Ave, Santa Rosa (“the Property”), claiming that she owned the Property but Defendant County of Sonoma (“the County”) improperly imposed real property taxes and improperly sold the Property to Defendant Tuan Q. Phan (“Phan”) at public auction of the Property which the County conducted to collect delinquent taxes. This lawsuit has seen much litigation, numerous motions, and an appeal. ...
2022.02.09 Motion for Summary Judgment, Adjudication 530
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.09
Excerpt: ...ty”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; and that UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also ...
2022.02.09 Motion for Summary Adjudication 267
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.09
Excerpt: ...d to properly repair the roof on her home, causing water damage. She also complains that the CC&Rs are enforceable equitable servitudes imposing a duty on Defendant Courtyard East Homeowners Association (“the Associations”) to maintain or repair portions of the Development, including the exterior portions of residences, roof, downspouts, and gutters, and yet has failed to do so properly, causing damage. Defendants move for summary adjudicatio...
2022.02.09 Motion for Stay of Action Pending Determination of Pending Appeal 225
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.09
Excerpt: ...onstructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. Plaintiffs contend that TRVFD obtained the Permit by an application (“the Application”) for construction of a garage and storage building (“the Garage”) on Defendant's Property, with various restrictions (“the Project”), but TRVFD has used Defendant's Property and the Garag...
2022.02.09 Motion for Preliminary Approval of Class and Representative Action Settlement 736
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.02.09
Excerpt: ...to pay all wages earned, pay overtime, pay costs of transportation and other work-related expenses, provide or compensate for breaks, or furnish accurate wage statements. This matter is now on calendar for Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement. Contending that she and Defendant have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims...
2022.01.26 Motion to Set Aside Request for Entry of Default and Vacate Entry of Default 477
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.01.26
Excerpt: ...s” (“the Treats”). Plaintiff alleges that it is a Sonoma- based business and, because it has “enjoyed enormous success” with the Treats it has developed, especially its “cinnamon churro” (“Churro”) flavor, it contracted with Defendant to produce the System to provide continuous production of the Treats which would include proper, full coating of all sides of the Treats, especially the Churro flavor, but that the System which Def...
2022.01.26 Motion to Consolidate 449
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.01.26
Excerpt: ...lease with Plaintiff (“the Lease”), complains that Defendant has failed to respond to Plaintiff's notice of termination of the Lease or indicate that it will comply with the expiration terms, and continues to solicit students to the School. Plaintiff explains that the School has been operating on the Property since about 1973, Plaintiff was formed in 2011 and purchased the Property in order to provide the School employees with an ownership st...
2022.01.26 Motion to Compel Responses, for Sanctions 952
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.01.26
Excerpt: ...ndants' Property”) are encroaching on the Disputed Property without permission. Defendants served Plaintiffs with Requests for Production, Set One (“RFPs”) on September 2, 2021; after Defendants granted Plaintiffs' request for an extension, Plaintiffs served responses on October 12, 2021 but they produced no documents, even though Defendants sent an e-mail in order to resolve the matter informally and Plaintiffs' attorney had responded that...
2022.01.26 Motion to Compel Responses, for Monetary Sanctions 945
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.01.26
Excerpt: ...x, and has also suffered retaliation for reporting discrimination and harassment. He complains that he has not been paid for all the work he has performed, he has been forbidden from performing tasks as Athletic Director between 7am and 4pm, even though white colleagues were allowed to do so, he was not allowed to attend meetings at the district office, he was not paid during the same, he was not paid the same amount as white colleagues, and he w...
2022.01.26 Motion for Summary Judgment, Adjudication 944
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.01.26
Excerpt: ...e coverage for his real property and home (“the Property”) so that after the Tubbs Fire (“the Fire”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy”) from Defendant Farmers and that after a fire in 2015, he contacted Hunsaker and Farmers to ensure that he had adequate coverage and asked them to adjust the...

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