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2024.05.01 Motion to Quash Service of Summons and FAC 136
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ... e r e m in o r c h ild r e n . P la in t if f s allege that Defendants Zones and Gerald Nelson (“Nelson”), Zones' supervisor/ manager, knowingly or negligently allowed the abuse to occur when Plaintiffs were in their care even though Plaintiffs complai ned to them that it was occurring. They also allege that BGCA had ultimate, direct supervisory control over the other Defendants, and governed, owned, operated, and controlled the program in w...
2024.05.01 Motion for Summary Judgment, Adjudication 752
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ... e r im D ir e c t o r o f t h e D e p a r t m e n t o f Housing & Community Services of the City of Santa Rosa (together with City, “Defendants”), and Does 1 -1 0 fo r t h ree causes of action requesting two forms of declaratory relief and a writ of mandate. This matter is on calendar for the motion by the Defendants for summary ju d g m e n t o r in t h e a lt e r n a t ive s u m m a r y a d ju d ic a t io n o f P la in t if f s ' f ir s t ...
2024.05.01 Motion for Final Approval of Class Action and PAGA Settlements 148
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ...otices; 4. Appointing Plaintiffs as Class Representatives for settlement purposes; 5. Appointing Plaintiffs' Counsel, Justin F. Marquez and Benjamin H. Haber of Wilshire Law Firm, PLC, as Class Counsel for settlement purposes; and 6. Ap p o in t in g Sim p lu r is Cla s s Ac t io n Se t t le m e n t Ad m in is t r a t io n a s t h e Settlement Administrator. P RO CED URAL BACKGRO UN D Defendant Foley Family Wines, Inc. and Foley Family Farms (“...
2024.05.01 Motion for Default Judgment, for Permanent Injunction 873
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ...ublic nuisance and to abate building, grading, septic, and zoning code violations regarding unpermitted cannabis cultivation at 8910 Hwy 116 North, Forestville, California (APN 084 - 230-015) (the “Property”). The P roperty is owned by Defendant Chand and leased out to Defendant Cortina for $10,000.00 per month. Per the County's motion, Halter is an investor in the cannabis cultivation and owns 11% personally while also representing investors...
2024.05.01 Motion for Attorney Fees 723
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.05.01
Excerpt: ...ed various sub-leases between the parties. The sub -leases contained attorney's fees clauses. Plaintiffs David Addington and Piner Partners (“Plaintiffs”) commenced this action against Defendants for breach of partnership agreement and interference with business. Defendants cross- complained for the same causes as well as other causes of action. Ultimately, this Court awarded Defendants breach of contract damages of $2.58 million against P la...
2024.04.24 Demurrer to FAC 845
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.24
Excerpt: ...ages” requested for the Ninth Cause of Action in the Prayer for Relief on page 14 of the F AC. P RO CED URAL H ISTO RY Plaintiff commenced this suit to recover repair and replacement costs from named defendants regarding fire sprinkler sensors that Plaintiff installed but did not own. Plaintiff purchased the sprinkler sensors from defendant Pace Supply C o r p . (“P a c e ”) t o in stall them into the residential homes. The specific model w...
2024.04.17 Motion to Set Aside Default, Judgment 581
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...ff filed suit on May 6, 2022, and s erved the summons and complaint upon Defendant through substituted service on May 13, 2023. Defendant did not file a response, so Plaintiff filed a Request for Entry of Default, which the Court entered on July 12, 2023. On July 18, 2023, Defendant's representative from Phoenix Law contacted Plaintiff's counsel wanting to settle the matter on behalf of Defendant. As proof of representation, Phoenix Law emailed a...
2024.04.17 Motion for Summary Adjudication 585
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...rling commenced this action to obtain money owed by Arrowtown for roofing work done and for materials provided by Sterling in connection to a construction project on a residential remodeling in Sonoma for Heather Jordan and Joseph Beare (the “Owners”). Arrowtown, as the general contractor, sought a contract with Sterling for roofing work. Arrowtown disputes any additional amounts claimed by Sterling. Sterling submitted a bid proposal for $82,...
2024.04.17 Demurrer, Motion to Strike 163
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...Plaintiff's complaint alleges that in or around January 2016, Defendant hired Plaintiff to work as a full -time, non- exempt ceiling and acoustical foreman. Plaintiff alleges that he was wrongfully terminated on or about August 12, 2022. Plaintiff alleges that, previously, on April 1, 2022, he injured his right arm while performing job duties. The injury impaired major life activities and constituted a disability. The injury required surgery whic...
2024.04.17 Application for Determination of Good Faith Settlement 212
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.17
Excerpt: ...) for settlement. Plaintiffs had sued Defendants for motor vehicle property damage and personal injury. ANALYSIS Legal Standard C.C.P. section 877.6 allows a plaintiff to settle with one or more joint tortfeasors without releasing others as long as the settlement is in “good faith.” A good-faith settlement discharges the settling defendant from liability to other parties for equit able contribution or comparative indemnity. ( City of Grand Te...
2024.04.10 Motion for Summary Judgment, Adjudication 139
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ...a n a g e r if s h e r e lo c a t e d f r o m H a w a ii t o Ca lif o r n ia . P la in t if f w a s liv in g in Hawaii after retiring after working for Defendants for many years, and taking care o f h e r ill husband who requires kidney dialysis. Plaintiff claims she agreed to relocate based on the oral promise that she would be appointed as Store Manager and Defendants would cover her relocation costs. After she had relocated, Defendants offered...
2024.04.10 Motion to Enforce Settlement Agreement 714
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ... located at 4723 Muirfield Court, Santa Rosa, (the “Property”). Defendants were uncertain whether Plaintiff got a permit to install this first. The parties entered into the Settlement Agreement on November 1, 2023. Paragraph 9 of the Settlement Agreement required Plaintiff to provide support that he obtained a permit for the installation of the propane tank. (Declaration of Pavone, Ex hibit A.) Plaintiff had to send this support to Defendant ...
2024.04.10 Motion to Strike Unverified Answer 308
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ...for ju d ic ia l n o t ic e a r e GRAN TED . Defendants shall file and serve their proposed amended answer within 10 days of service of the notice of entry of this order. P RO CED URAL H ISTO RY Plaintiffs brought this action to seek damages from Defendants for breach of contract and property damage arising out of a commercial lease. Defendants filed an unverified answer with a general denial to the verified complaint to avoid an entry of default...
2024.04.10 Motions to Enforce Settlement 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.04.10
Excerpt: ...efendant Bethany Zoe (“Zoe”) stipulated to a settlement agreement in open court. The parties exchanged multiple versions to memorialize this settlement agreement in writing, but Defendants did not agree to the terms because they did not include the requirement for escrow, a title report, and a transfer disclosure statement re garding re al prope rt y at issue . Anabi's posit ion is t hat t he se t e rms we re a part of the general category po...
2024.03.27 Petition to Compel Arbitration 794
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.27
Excerpt: ... a r b it r a t io n . P RO CED URAL H ISTO RY Plaintiff Robert Kourik brought this action against Kaiser and other defendants for medical malpractice after he ended up having severe functional issues, nerve damage, and chronic following a shoulder surgery. Plaintiff was enrolled as a “Senior Advantage ” member of Kaiser for Medicare healthcare benefits. The agreement for Senior Advantage membership included an arbitration provision. The prov...
2024.03.06 Motion to Vacate Dismissal and Entered Judgment 622
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...ction against Morales to collect payment on credit card debt he owed. The parties entered into a Stipulation for Entry of Judgment and Settlement and Release and Dismissal (the “Stipulation”), according to which Morales agreed to pay Wells Fargo $10,774.29 to satisfy the debt. (Declaration of Mulhorn, Exhibit 1.) He agreed to make an initial payment of $1,114.29, followed by monthly payments of $420.00 until he satisfied the debt. (Motion, 3:...
2024.03.06 Motion for Summary Judgment, Adjudication 259
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...en the weather was rainy and muddy. (Motion, 3:3 -5 .) Th e h o rs e , Rush, bucked while Plaintiff was mounted upon him. Plaintiff argues Defendant Fricke, Plaintiff's trainer, ran up behind him which caused him to react and P la in t if f t o f a ll, w h ile D e f e n d a n t s c la im P la in t if f a lr e a d y f e ll o f f t h e h o r s e b e f o r e Defendant Fricke ran up to her. Be f o r e c o m m e n c in g r id in g le s s o n s , P la ...
2024.03.06 Motion for Leave to File Complaint 585
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...remodel and renovation of property owned by Owners, for which project ACI was hired as the general contractor. (Motion, 2:2 -5 . ) AC I s o lic it e d r o o f in g w o r k f r o m P la in t if f St e r lin g Ro o f in g In c . (“St e r lin g ”) a n d O w n e r s selected and a pproved roofing materials to be installed at their home for the remodeling and renovation. ( Id . at 2:4-9.) After the completion of work, Sterling demanded additional ...
2024.02.28 Motion to Compel Responses, for Sanctions 077
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...warded only as to the $60.00 filing fee. Defendants shall provide complete, objection -free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of e nt ry of orde r. Proce dural Hist ory Plaintiff propounded post -judgment written interrogatories and demands for production on Defendants and Defendants never responded, despite Plaintiff's efforts to meet and confer on the lack of response. Plaintiff...
2024.02.28 Motion for Summary Judgment 104
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...Afterwards she filed her complaint in this matter seeking damages from Walmart for negligence and p r e m is e s lia b ilit y. ( Ib id .) Walmart has moved for summary judgment as to these causes of action and Plaintiff has opposed. AN ALYSIS Legal Standard Motion for Summary Judgment Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled t...
2024.02.28 Demurrer, Motion to Strike 658
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...ilding, grading, and zoning code violations related to unpermitted greenhouses, solar arrays and cannabis cultivation on their property. (See Complaint, 1:19- 27.) In the Defendants' amended answer, they plead various affirmative defenses and they denied or admitted each allegation in the complaint or otherwise stated they did not have enough information to admit or deny it, so denied it. (See g enerally, Amended Answer.) Finding issue with the A...
2024.02.23 Special Motion to Strike 887
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...s action arose from a contract for purchase and sale of real property between the Wights and the Richardsons. (Cross -Co m p la in t , ¶ 1 0 .) The Wights claim the Richardsons misrepresented the details of the metes and bounds of the property sold. ( Ib id .) The Richardsons claim that they advised the Wights of errors in the legal description after the sale and applied to the Sonoma County Permit & Resource Management Department to correct the...
2024.02.23 Motion to Compel Responses, for Sanctions 667
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...d motor vehicle negligence after she was injured in a motor vehicle collision between her vehicle/ trailer and another vehicle. (Motion, 1:26 -28, 2:1- 3.) Sonoma propounded set one of form int errogatories and requests for production on Jones, but she has failed to ever respond despite Sonoma's meet and confer efforts regarding the discovery requests. ( Id . at 3:7-28, 4:1- 11.) Jones' counsel was relieved as counsel because there was a breakdow...
2024.02.23 Motion for Entry of Judgment 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...Zoe moved for summary judgment on claims brought against her in the cross -c o m p la in t . ( Id . a t 2 :2 -12.) This Court issued an order after hearing on the motion granting Zoe's motion for summary adjudication (the “Order”) because Cross -Complainants lacked essential elements to all of the causes of action as to Zoe. (See generally, Orde r Aft e r He a ring on Cross-Defendant Bethany Zoe's Motion for Summary Adjudication of the Cross ...
2024.02.23 Motion for Approval of Class Action and PAGA Settlements 148
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...tices; 4. Appointing Plaintiffs as Class Representatives for settlement purposes; 5. Appointing Plaintiffs' Counsel, Justin F. Marquez and Benjamin H. Haber of Wilshire Law Firm, PLC, as Class Counsel for settlement purposes; 6. Ap p o in t in g Sim p lu r is Cla s s Ac t io n Se t t le m e n t Ad m in is t r a t io n a s t h e Settlement Administrator; and 7. Scheduling a Final Approval Hearing. P r e lim in a r y a p p r o v a l is GRAN TED . T...

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