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2024.01.05 Motion for Attorney Fees 141
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.05
Excerpt: ...iling Party Pursuant to the parties' settlement agreement, the parties have agreed that Plaintiff is the prevailing party under Civil Code 1794 and that Defendant will pay reasonable attorney's fees and costs in an amount to be determined by the Court upon noticed motion if the parties could not agree on the amount. Plaintiff has duly served this motion upon Defendants and Defendants have not filed an opposition. Lodestar The standard for calcula...
2023.12.20 Motions for Sanctions 213
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.20
Excerpt: ...1312. Analysis: Pursuant to CCP 128.5(a), A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay„. Pursuant to subdivision (b), "'Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and ...
2023.12.20 Demurrer 584
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.20
Excerpt: ...laintiffs' non- opposition in which Defendants argue that the Court should consider Plaintiffs' failure to file an opposition as a concession of the merits of the Demurrer. Plaintiffs filed an objection to Defendants' response to the non-opposition, citing Rule 8.54(c) which says "A failure to oppose a motion may be deemed a consent to the granting ofthe motion." (Italics added .) Plaintiffs state that they do not consent to the granting of the m...
2023.12.20 Petition for Writ of Mandate 900
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.20
Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. "The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discreti...
2023.12.13 Motion for Attorney Fees 072
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.13
Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...
2023.12.13 Demurrer to TAC, Motion to Strike, for Sanctions 120
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.13
Excerpt: ...s to the Second Amended Complaint into this ruling. In that ruling, the Court explained in detail why the Third Amended Complaint would be the Plaintiffs' final opportunity to properly plead their case. Plaintiffs did not challenge that tentative ruling. Plaintiffs have not at any point attempted to meet their burden of provng how they can fix the deficiencies in their pleading by amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Still, ...
2023.12.06 Special Motion to Strike 177
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.06
Excerpt: ...CP S 425.16(b)(1) provides that a cause of action against a person "arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue" shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the c...
2023.12.06 Petition to Compel Arbitration 161
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.06
Excerpt: ...der late-filed opposition papers for good cause if there is no undue prejudice to the moving party." (Correia v. NB Baker E/ec„ Inc. (2019) 32 Cal.App.5th 602, 613.) "The circumstances surrounding an untimely opposition to a petition or motion to compel arbitration should be viewed under 'the strong policy of the law favoring the disposition of cases on the merits . (Correia, at 613.) The Court exercises its discretion to consider Respondent's ...
2023.12.06 Motion for Summary Judgment 817
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.12.06
Excerpt: ...d by the defense in support of the motion is so scant that it fails to provide the Court with a full picture of the circumstances. An example of this includes the excerpts of Plaintiff's deposition provided in Exhibit F of Defendant's Index of Exhibits. While it is true that a party need not provide the Court with an entire deposition transcript, a party should not solely provide the Court with excerpts that include testimony that is most favorab...
2023.11.29 Motion to Expunge Lis Pendens 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.29
Excerpt: ...lidity of the claims asserted against this specific defendant. Plaintiff asserts a cause of action for cancellation of instruments against Defendant Catamount, seeking to cancel Catamount's Trustee's Deed upon Sale ("TDUS") granting it title to the property underlying this conflict. Plaintiff asserts a related declaratory relief cause of acton as well. Title was formerly held by Plaintiff Plaintiff alleges that he has been erroneously deprived of...
2023.11.29 Motion for Summary Judgment, Adjudication 950
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.29
Excerpt: ...ry Plaintiff's SAC asserts four causes of action for: (1) Discriminaton Based on Sex in Violation of FEHA; (2) Hostile Environment Harassment in Violation of FEHA; (3) Retaliation in Violation of FEHA; and (4) Failure to Prevent in Violation of FEHA. (SAC, 7-21.) These causes of action are brought due to events that occurred while she worked as a volunteer firefighter for Defendant. (Memorandum of Points and Authorities in Support of MS] ["MSJ MP...
2023.11.29 Demurrer 342
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.29
Excerpt: ...intiff brought a Complaint for compensatory and Punitive Damages asserting seven causes of action against her ex-husband, Defendant, alleging he committed acts of domestic violence and sexual assault against her throughout the duration of their marriage. Defendant attempted to meet and confer with Plaintiff as to the third, fourth, and fifth causes of action in Plaintiff's Complaint finding them to be without merit via telephone on two dates in M...
2023.11.22 Motion for Disqualification 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ... November 4, 2023, and defendant/cross-defendants John Kelly and William Kelly filed supplemental briefs on November 7, 2023 and 13, respectively. Moving party's argument is that, because the facts establishing Judge Pardo's disqualification arose prior to the orders issued by Judge Pardo, those orders are void or voidable, and that the CCP secton 170.3(b)(4) "good cause" provision does not apply to this situaton. John Kelly and William Kelly bot...
2023.11.22 Motion to Quash Service of Summons and Complaint 310
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ...h, states that Defendant confirmed his identity but that he "tried to refuse service by refusing to take documents and did not state reason for refusal." Mr. ujeh noted, "documents left, seen by subject." In his declaration, Defendant states that on the evening of May 24, 2023, he had returned to his home and was about to leave when he heard a man bellowing from his neighbor's driveway. (Ahlstrom decl., 92.) Defendant asked the man what he needed...
2023.11.22 Motion for Leave to File Amended Petition for Writ of Mandate 198
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ... for leave to file a First Amended Petition ("FAP"). There is no opposition. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and line number, the... allegations are located...." California Rule of Court ("CRC") 3.1324(a). The moving party also must provide a declaration that explains...
2023.11.22 Motion for Leave to File FAC 703
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.22
Excerpt: ...ry judgment or, in the alternative, summary adjudication, which is set for January 19, 2024. Motion Plaintiff moves the Court for leave to amend the complaint and file a First Amended Complaint ("FAC"). Defendants oppose the motion. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and...
2023.11.15 Motion to Expunge Lis Pendens 072
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...
2023.11.15 Motion to Enter Judgment or Dismiss Class Action 056
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...ing the complete details of the payment of settlement amounts within the next ten (10) calendar days. The declaration of Gomez, filed January 10, 2023, does not contain the necessary details. The Court reviewed the file and cannot locate another declaration. If Plaintiffs' counsel previously filed a declaration that addresses the concerns listed in this tentative, the Court requests Plaintiffs' counsel contact the Court. Following final approval,...
2023.11.15 Motion for Judgment on the Pleadings 048
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...(the "Property") in violation of applicable zoning codes, and filed this action to abate the conditions and uses as well as to recover civil penalties, abatement costs, attorneys' fees, and legal costs. It alleges that Defendants "William J. and Janet M. Freitas" (collectively, "Freitas Defendants") own, operate, possess, and control the Property while Defendant Jason Pierce, referring to himself in his pleadings as Jason Pearce ("Pearce") is the...
2023.11.15 Motion for Final Approval of Class and PAGA Action Settlement 625
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...easonable; Approving the Class Representative Service Payments in the amounts of $5ßnm; Approving the Attorneys' Fees in the amount of $393,333.33; Approving the Attorneys' Costs in the amount of $16,019.37; Approving the Settlement Administration Costs in the amount of $18,350m; Certifying the Class for settlement purposes; Finding that Class Members were given adequate notce of the Settlement and, in a reasonable manner, advised of their right...
2023.11.15 Demurrer, Motion to Strike Punitive Damages 997
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.15
Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...
2023.11.08 Motion to Compel Further Responses 632
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.08
Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...
2023.11.08 Demurrer, Motion to Strike 556
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.08
Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...
2023.11.01 Motion to Compel Responses, for Sanctions 945
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.11.01
Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...
2023.10.25 Demurrer, Motion to Strike Punitive Damages and Attorney Fees
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.10.25
Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...

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