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2024.03.27 Motion to Dismiss on Grounds of Forum Non Conveniens 638
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27
Excerpt: ...A”) and violations of the Song -Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”). This matter is on cale ndar for Defendants' motion on the basis of forum non conveniens. The motion is DENIED. I. Go ve r n in g Au t h o r it ie s A. Forum Non -Conveniens Eve n if a court has subje ct matt e r and pe rsonal jurisdict ion, it may st ay or dismiss an action on the grounds that the court is an inconvenient forum. CCP § 418....
2024.03.27 Motion to Compel Further Responses 479
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27
Excerpt: ...�SIs”) and requests for admission (“RFAs”) pursuant to CCP §2033.290(d) (relating to requests for admission) and CCP § 2030.300(d) (relating to interrogatories) and for monetary sanctions. The motion is GRANTED. I. Legal Authority Regarding the FIs and SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and...
2024.03.13 Motion to Compel Answers to Post-Judgment Discovery 226
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...pecial interrogatories (“SIs”) against Defendants under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed M o t io n is GRAN TED . Defendants shall serve verified code -compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions ...
2024.03.13 Motion for Terminating Sanctions 245
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the e ffort s t o e nforce it . In re Ma rria ge of Nikla s (1989) 211 Cal.App.3d 28, 35- 36. A. Sa n c t io n s CCP § 2030.300(d), §2031.310(h); §2033.280(c) provides monetary sanction “shall” be imposed against the party l...
2024.03.13 Motion for Protective Order 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...t cont ains cause s of action for: 1) bre ach of e xpre ss warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Ac t ”) (a g a in s t M a n u f a c t u r e r ); 2 ) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). This matter is on calendar for the motion by Manufacturer for a protective order under Cal. Code Civ. Proc. (“CCP”) 2031.060. I. Governi...
2024.03.13 Demurrer 357
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...0(f) for uncertainty and pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a caus e of action. The Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be grante...
2024.03.06 Motion to Strike, Demurrer 320
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.06
Excerpt: ...ainst Plaintiff, Todd M. Roloff (“Roloff”), Scott A. Norgren (“Norgren”), and Suretec Insurance Company (“Suretec”, tog e t h e r w it h P la in t if f , Ro lo f f , a n d N o r g r e n , “Vanquish”). This matter is on calendar for Vanquish's motion to strike punitive damages and their demurrer to the second cause of action for fraud within the Cross -Co m p la in t pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 430.10(e) for f...
2024.03.06 Motion to Require Security be Furnished as Vexatious Litigant 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.06
Excerpt: ...f e n d a n t s ”) and Does 1 -100. This matter is on calendar for the motion by Ledwith, Ishmael, Ch ild , SRAS, a n d SSM C (“ Moving Defendants”) to require Plaintiff to furnish security as a vexatious litigant under Code of Civil Procedure (“CCP”) § 391.1. The m o t io n is GRAN TED in p a r t . I. Underlying Procedural Facts On June 17, 2021, Plaintiff filed the original complaint in this action, along with a Request to File New L...
2024.02.28 Motion to Enter Judgment 969
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28
Excerpt: ...ment in the case in the amount of $10,471.00, as Defendant has defaulted on the agreement. There is no opposition t o the motion. The Motion is GRAN TED . CCP § 6 6 4 .6 (a ) p r o v id e s : “If p a r t ie s t o p e n d in g lit ig a t io n s t ip u la t e , in a w r it in g signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judg...
2024.02.28 Motion to Consolidate 940
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28
Excerpt: ...o lid a t e t h is c a s e w it h Scot t sda le insura nce Compa ny v. Nort h Ba y Pressure Wa shing, Inc. , SCV-273302, also pending in Department 19 (the “Associated Action”) pursuant to Cal. Code Civ. Proc. (“CCP”) §1048, for all purposes. The M o t io n is GRAN TED . The Associated Action is filed by plaintiff Scottsdale Insurance Company (“Consolidation Plaintiff”) against Defendant. Thereafter, in the Associated Action, ST Hosp...
2024.02.28 Motion to Compel Further Production 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28
Excerpt: ...ess warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair(against Dealer). This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection served to Manufacturer (the “RPODs”). Th...
2024.02.23 Special Motion to Strike, Demurrer 155
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.23
Excerpt: ...ny (“Amerihome”), BW Re a l Es t a t e (“BW ”), W e s t e r n Allia n c e Bank (“Western”, together with Amerihome and BW, “Additional Cross-Defendants”) and Roes 1 -10. Thereafter, Plaintiff dismissed the FAC. There are two matters on calendar covered in this ruling. First, is Plaintiff's special motion to strike (“Anti -SLAPP motion”) brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16 to strike the First, Second,...
2024.02.16 Motion to Allow Discovery of Psychiatric Records 838
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.16
Excerpt: ... Evide nt iary and Proce dural Issue s The Court notes that Defendant's reply is over length, presenting 12 pages of substantive argument, where the page limit for replies is 10 pages. Cal. Rule of Court Rule 3.1113(d). The Court, on its own motion, strikes pages 12 -1 3 fo r f a ilin g t o c o m p ly w it h the Rules of Court. II. Procedural Hist ory Plaintiff brought this action against Defendant on or about August 5, 2020, alleging she suffere...
2024.02.16 Demurrers, Motion to Strike 060
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.16
Excerpt: ...nd Does 1 -50 arising out of alleged misconduct in representing Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of contract; 2) negligence; 3) negligent misrepresentation; 4) fraud; 5) failure to disclose; 6) violations of Business and Professions Code § 17200 (“UCL Claim”); 7) rescission; and 8) b r e a c h o f f id u c ia r y d u t y . This matter is on calendar for Buye...
2024.02.07 Motion to Designate Matter as Complex 299
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ... Inc. (“Eno”) (all together “Defendants”), as well as Does 1- 40, arising out of alleged breach of contract and construction defects. Cross- complaints from Wahidi, Eno, and SR Iron have each followed. This matter is on calendar for a motion by the Plaintiff to designate the matter complex under Cal. Rule of Court (“CRC”) Rule 3.400. The Court has also continued the Case Management Conference (“CMC”) from February 1, 2024, to the ...
2024.02.07 Motion to Designate Case as Complex 287
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ...ht surety companies and insurers, relating to breach of contract, construction defects, and negligence (the “DXC”). The Hollys have thereafter filed a cross-complaint for indemnity and breach of contract against the ten subcontractors named in the DXC, along with eleven more subcontractors not named therein (the “HXC”). This matter is on calendar for the motion by the Hollys to designate the case complex under Cal. Rules of Court (“CRC�...
2024.02.07 Motion to Compel Further Production 509
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ...arranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; and 3) violation of §1793.2 under the Act. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respon...
2024.02.07 Motion for Terminating Sanctions and Monetary Sanctions 245
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ...regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts to enforce it. In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 35-36. CCP § 2025.450(g)(1) provides that a monetary sanction “shall” be imposed against the party losing a motion to compel deposition unless the court finds “...
2024.01.31 Demurrers, Motion to Strike 322
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.31
Excerpt: ... TRVFD, “Defendants”), arising initially out alleged violations of the Court's orders in another case, SCV- 266225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of...
2024.01.24 OSC Re Contempt 714
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...a (the "Property"). Defendant has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appr...
2024.01.24 Motions to Compel Answers 767
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...tions to compel answers to special interrogatories ("Sl") against Defendant under Code of Civil Procedure ("CCP") S 2030.300, and to compel compliance with Plaintiff's request for production of documents ("RPOD") under CCP S 2031.310. The motions are GRANTED. Governing Law A. Special interrogatories A party may propound up to 35 special interrogatories to another party. (CCP S 2030.030(a).) If the party propounds more than 35, it must attach to e...
2024.01.24 Motion to Strike Punitive Damages 331
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...his matter is on calendar for Defendant's motion to strike pun-tive damages. The motion to strike is DENIED. Governing Law A. Motion to Strike Punitive Damages A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading its...
2024.01.24 Motion to Strike Particular Claims 027
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...ez, "Defendants"), and Does 1-100. The Complaint alleges a variety of causes of action derived from work contracted to be performed by Defendants. Grape Land has filed a cross- complaint alleging further contract actions ("Cross-complaint"). This matter is on calendar for Plaintiffs' motion to strike particular claims from the Cross-complaint, or in the alternative, to require a bill of particulars under Code of Civil Procedure ("CCP"), S 454. Pl...
2024.01.24 Motion to Compel Further Responses 776
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...ar for the moton by Corporate Defendant seeking to compel further responses to requests for production of documents set one ("RPODs"), Nos. 4, 24, 27, 36, 48, and 58, and request for sanctions in the amount of $5,510.00, from Plaintiff under Code of Civil Procedure ("CCP") S 2031.310. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored info...
2024.01.19 OSC Re Contempt 714
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.19
Excerpt: ...t has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appropriate. See Cal. Evid. Code...

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