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2024.02.23 Motion to Compel Further Responses 884
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ... p p o s it io n Plaintiff's opposition to this motion was filed three court days late. Nonetheless, the Court exercises its discretion to consider the late -filed opposition because the hearing on this motion was advanced by the Court and because Defendant would not be pre judiced by the Court considering the opposition since Defendant was a b le t o f ile a t im e ly r e p ly . An a ly s is : I. Plaintiff's Response to Defendant's Special Inter...
2024.02.23 Motion for Summary Judgment, for Attorney Fees 871
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...ted Material Fact “UMF,” 1.) On January 1, 2023, Defendant defaulted on the terms and conditions of the Contract by failing to make all of the required installment payments when due. Following the default of the Defendant in making the required payments, Plaintiff declared the entire unpaid principal balance immediately due and payable, pursuant to its option to do so as set for th in the Contract. (UMF, 2.) As a result of the default describ...
2024.02.23 Motion for Summary Judgment 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ... trustee's sale following a foreclosure. Whether or not they actually did is the underlying issue in this motion. CATAM O U N T brought the underlying unlawful detainer (“UD”) action, MCV -262009, after serving proper notice, on May 26, 2023. ISAACS answered on June 22, alleging affirmative defenses based on violations of Civil Code §§ 2923.55 and 2923.7, two statutes that are part of the Homeowner Bill of Rig h t s (“H BO R”). On Augus...
2024.02.23 Motion for Leave to File Complaint 239
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...allege that, after telling Plaintiffs that they intended only to remove a single tree that was leaning over Swallows Road, a private way, Defendants trespassed on Plaintiffs' property, excavated a cut in P la in t if f s ' h ills id e , e lim in a t e d a d r a in a g e d it c h , in s t a lle d a b u r ie d c u lv e r t d u m p in g w a t e r into a seasonal creek above Plaintiffs' home, cut down Plaintiffs' trees and vegetation, and dumped rock...
2024.02.23 Demurrer, Motion to Strike 657
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...ned by BOWIE. J O H N liv e s o n t h e p r o p e r t y ; BO W IE liv e s in Au st r a lia . (Individual defendants are referred to by their first names for clarity, as they have the same surname. No disrespect is intended.) Plaintiff filed the instant lawsuit on July 7, 2023. On September 27, Defendants' counsel sent a pleading captioned “Answer to Complaint of the County of Sonoma,” which purported to answer for both Defendants to counsel f...
2024.02.23 Demurrer 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...y s is : This Court previously sustained a demurrer to Plaintiff's Complaint on the basis that Plaintiff had failed to allege the existence of a contract between the parties. Thus, Plaintiff's breach of contract and derivative causes of action against Defendants failed. The Complaint had included several fragmentary quotations from correspondence between the parties which purportedly contained the offer, acceptance, and terms of the alleged contr...
2024.02.16 Motion to Vacate Judgment 091
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.16
Excerpt: ...l to be entered correcting these two errors. The court in all other respects DENIES the motio n . Fact s and Hist ory Plaintiffs obtained a verdict against Defendant Martin Reilley (“Martin”) for various claims of fraud and negligent misrepresentation after a trial which ended in March 2005. Judgment was entered in favor of Plaintiffs against Martin. Th e surviving co urt records show a judgment in Plaintiffs' favor of $621,336.26. Se e Judgm...
2024.02.16 Motion for Change of Venue 782
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.16
Excerpt: ...in Napa County. Defendants have not yet answered, or appeared in this action in any way. On October 31, 2023, Plaintiffs filed the instant motion for venue change, averring that “This suit was inadvertently and erroneously filed in Sonoma County Superior Court.” II. Napa County is the appropriate venue for this lawsuit “[I]f a defendant has contracted to perform an obligation in a particular county, the superior court in the county where th...
2024.02.16 Demurrers, Motion to Strike 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.16
Excerpt: ...D. Cross -Co m p la in a n t Th o m a s Ke lly , III (hereafter, “Thomas”)'s objection to John's oversized opening brief is SUSTAINED. While John's opening brief is only one page over the limit of the Ru le s o f Court, there is a pattern of John filing oversized briefs without first obtaining leave of Court. Thus, the Court exercises its discretion not to consider the last page of John's opening brief. Thomas's request for judicial notice is...
2024.02.07 Special Demurrer 662
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.07
Excerpt: ...ourt of the status of the Goodwin action. Unless ordered otherwise, the parties shall attend a status conference on August 27, 2024, at 3:00pm. The parties may attend the status conference remotely. Defendant shall prepare the order for the Court in compliance with CRC 3.1312. I. Governing law A. Standard on demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747....
2024.02.07 Motion for Summary Judgment 124
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.07
Excerpt: ... Underlying facts Plaintiff M.A. Silva Corks (“Silva”), a manufacturer of wine packaging, began leasing a warehouse in north Santa Rosa from defendant Ursus Development (“Ursus”) in 2014 with an option to buy. Ursus agreed to make improvements to the building, including modification of the roof and installation of batt insulation under the roof. Ursus hired defendant and moving party DES Architect and Engineer (“DES”) to provide the a...
2024.02.07 Demurrer 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.07
Excerpt: ...iginal beneficiary of the Deed of Trust (DOT) for this property, Defendant Deutsche Bank National Trust Company (Deutsche) is the current beneficiary of the DOT, Defendant Nationstar Mortgage LLC dba Mr. Cooper (Mr. Cooper) is the servicer of the loan secured by the DOT, and Defendant The Mortgage Law Firm, PLC is the Trustee of the DOT. After Plaintiff's wife passed away, Plaintiff's daughter began managing Plaintiff's financial matters. After r...
2024.01.31 Motion for Summary Judgment 720
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.31
Excerpt: ...lying Facts: Carmen Marinsik (hereafter, “Marinsik”) was the owner of 1928 Camino Del Prado, Santa Rosa, California. (Undisputed Material Fact “UMF”, 1.) This residence was destroyed in the October 2017 Tubbs Fire. (UMF, 2.) Marinsik intended to rebuild the residence on the Camino Del Prado property and hired Defendant Gregory Mitchell dba Mitchell and Company as her general contractor to handle all aspects of rebuilding the residence. (U...
2024.01.31 Motion for Consolidation 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.31
Excerpt: ...tentative ruling and in compliance with Rule 3.1312. Analysis: CCP § 1048 states that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (CCP § 1048(a).) “The court...
2024.01.24 Motion to Compel Initial Responses 167
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.24
Excerpt: ...rder on this motion. Defendants' counsel shall submit a written order consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Analysis: Requests for Production of Documents A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. (CCP S 2031.210(a).) If only part of an item or ca...
2024.01.24 Motion for Consolidation 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.24
Excerpt: ...earing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to awid unnecessary costs or delay." (CCP S 1048(a).) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action ass...
2024.01.24 Demurrer to TAC 765
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.24
Excerpt: ...: Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of achon. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read asa whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not...
2024.01.19 Motion to Compel Production of Docs, for Sanctions 104
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.19
Excerpt: ...tions in the amount of $1,000. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: "California law prov-des parties with expansive discovery rights." (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "any party may obtain discovery regarding any matter, not privileged...
2024.01.19 Motion for Summary Adjudication 494
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.19
Excerpt: ... is addressed below. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Request for Judicial Notice: Defendants' request for judicial notice of Exhibit A and Exhibit 8 is GRANTED. As for the remainder of the request, the Court will take judicial notice of each version of Plaintiffs' complaint and the date on which it was filed. However, the Court will not judicially notice th...
2024.01.19 Motion for Leave to File SAC 124
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.19
Excerpt: ...cial policy favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Santa Monica (1972) 6 Ca...
2024.01.10 Motion to Compel Deposition 124
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.10
Excerpt: ...ndant's objections to the Declaration of Jaimee Modica are OVERRULED. Plaintiffs' counsel shall submit a written order consistent with this tentatve ruling and in compliance with Rule 3.1312. Defendant Gudgel Roofing, Inc.'s opposition requests that the Court consider his Motion for Protective Order as his opposition to Plaintiffs' Motion to Compel. Defendant's motion for protective order is not scheduled to be heard until April. Defendant did no...
2024.01.10 Motion for Determination of Right to Trial 381
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.10
Excerpt: ...vil cases. Analysis: Government Code S 53069.4(b)(1) states, Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure [regarding Writs of Mandate] ...a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency's file in the case shall be received in evidence. A proceeding und...
2024.01.10 Demurrer to FAC 167
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.10
Excerpt: ...e for either opposition. Furthermore, the oppositions do not respond substantively to the arguments made by Defendants in their opening brief; they do not provide any law for the Court's consideration; and they do not explain how the defects in the pleading can be cured by amendment. Analysis: Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) C...
2024.01.05 Motion for Terminating and Monetary Sanctions 708
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.05
Excerpt: ...th 556, 604; CCP S 2023.030.) As pertinent here, "misuse of the discovery process" includes "failing to respond to or to submit to an authorized method of discovery," and "disobeying a court order to provide discovery." (CCP S 2023.010(d) & When confronted with such misuse, a court may impose (1) monetary sanctions; (2) sanctions that deem specified issues to be 'established' or that 'prohibit' the non-compliant party from raising 'opposing claim...
2024.01.05 Motion for Summary Judgment 058
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.05
Excerpt: ...ought a Complaint for damages as against defendants Edwards Lifesciences LLC, Edwards Lifesciences (U.S.) Inc., Santa Rosa Memorial, moving defendant Vishal Patel, M.D., and Does One through One Hundred. (Defendant's undisputed Material Fact "UMF," 1.) The First Amended Complaint alleges a single cause of action for Medical Negligence as to moving defendant Patel. Plaintiffs allege that decedent Joseph Bouckaert (hereafter "Mr. Bouckaert") presen...

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