Excerpt: ...fice r or board me mbe r o f F o le y Fa m ily W in e s , In c . shall also appear in person and remote appearance is not allowed . Plaintiff's counsel is directed to prepare an OSC for signature that is consistent with this ruling, including the expedited briefing schedule set forth in the Conclusion section below. After the filing of the signed OSC, Plaintiff s h a ll p e r s o n a lly serve the OSC and this ruling on both Defendant and defenda...

Excerpt: ...rds If a party fails to admit the genuineness of any document or truth of any matter when requested to do, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of the matter, the party requesti ng the admission may move the court for an order requiring the party to whom the request was direct to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. (C...

Excerpt: ...by its employee Ricky Vaetoe. The complaint alleges that Defendant was driving under the inf luence at the time of the collision. This motion comes on calendar for Defendant's motion to strike the prayer for punitive damages from the c o m p la in t . Opposition was due on May 17, 2024. (CCP § 1005(b) [nine court days before h e a r in g ; M a y 2 7 is a c o u r t h o lid a y ].) As of May 23, no opposition has been filed. II. Go v e r n in g la...

Excerpt: ...d as to paragraphs 23, 30, 31, 38, 39, 42, 45, 46, 53, 64, and 71, and Prayer for Relief paragraph 3, which all refer to and support Plaintiff's request for exemplary or punitive damages. The motion is p a r t ia lly D EN IED a s t o P r a y e r f o r Re lie f paragraphs 2 and 4. Finally, Defendants' motion for sanctions of $37,500.00 per Code of Civil Procedure (“C.C.P.”) section 128.7 against Plaintiff is D EN IED . All requests for sanctio...

Excerpt: ...nalysis: I. Bluestone is Entitled to Fees on Appeal The Court of Appeal issued a remittitur in this matter which directed that costs are awarded to the respondent. Bluestone was a respondent on appeal. Accordingly, Bluestone is entitled to seek recovery for its attorney's fees on appeal. II. The Amount of Fees Requested is Reasonable The standard for calculating attorney fee awards under California law, [O]rdinarily begins with the 'lodestar,...

Excerpt: ...nduct by Defendants. This matter is on calendar for Defendants' motion for attorney's fees incurred in their Anti -SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“ CCP”) § 425.16 as to the Complaint. I. The Anti -SLAPP Motion A. Legal Standard CCP § 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 Stat...

Excerpt: ...iness associates. Vla d im ir Lo u n e g o v is t h e CEO o f t h e f in a n c ia l s e r vic e s c o m p a n y F in Lin k (c o lle c t iv e ly “P la in t if f s ”). Joseph Reynoso (“Defendant”) was a co -founde r of FinLink and served on its bo ard of dire ct ors. Defendant resigned from the board and no longer works for FinLink. Plaintiffs allege that this occurred after Defendant defaulted on a loan from the company; Defendant does not...

Excerpt: ... le m e n t is in “g o o d f a it h .” A g o o d -faith settlement discharges the settling defendant from liabi lity to other parties for equitable contribution or comparative indemnity. ( Cit y of Gra nd Terra ce v. Sup.Ct . (Boyt er) (1987) 192 Cal.App.3d 1251, at 1262, explained that the amount of the settlement and whether it is grossly disproportionate to potential liability is the “ultimate determinant of good faith....” Se e a ls o...

Excerpt: ...f o r n e g lig e n c e a n d n e g lig e n c e p e r s e based upon injuries Plaintiff sustained from falling from a tree owned by Defendant that Defendant hired Plaintiff to cut down and remove. Plaintiff alleges that he was an employee of Defendant's and not a licensed contractor. 1. Defendant's evidentiary objections Objection number 1 is SUSTAINED. The evidence cited does not specify whether the contract was oral or written; and it is a lega...

Excerpt: ... defective and, although she brought it to De fendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the So n g-Be ve rly Consume r W arr anty Act (“Song-Be ve rly”) a t Civil Co d e (“CC”) section 1790, et seq. II. Discovery At Issue Plaintiff asserts that she served Def...

Excerpt: ... is orde r. Defendant shall pay sanctions in the amount of $1,635.00. No orde r is made regarding the responses to the requ est for admission. Plaintiff's counsel shall submit a written order consistent with this tentative ruling, in compliance with California Rules of Court, rule 3.1312. I. Background On January 26, 2024, Plaintiff propounded Requests for Admissions, Set One and Request for Production of Documents, Set One on Defendant Pacifica ...

Excerpt: ...ear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount…” ( Wa lker v. Superior Ct . (1991) 53 Cal.3d 257, 262.) “This standard requires a high level of certainty that a damage award will not exceed $25,000 and is not satisfied by a finding that such an award is merely ‘unlikely' or ‘not reasonably probable.'” ( Ib id . at 269.) “…[B]efore transfer may occur…a court must determ...

Excerpt: ...nt”) in this action against defendants Scott Turner, Kelly Turner (together with Scott Turner, the “Turners”), Ronald Fossell (“Fossell”), F o s s e ll Ro n a ld 2 0 1 4 Trust (“Fossell Trust”), Whispering Pines Cemetery (“WPC” together with Fossell and Fossell Trust, “Fossell Defendants”), and Does 1 -50 a lle g in g c a u s e s o f a c t io n f o r : 1 ) M o t o r Ve h ic le N e g lig e n c e ; a n d 2 ) Ge n e r a l N e g...

Excerpt: ...o n is D EN IED . Counsel for DBC shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). IV. Background In March, 2020, De Arkos and DBC entered into a contract for the construction o f a s in g le-family residence on De Arkos's property. The project did not go w e ll. DBC alleges that De Arkos “elected to terminate the Agreement for his convenience” in October, ...

Excerpt: ...sturbed,” complaining that Defendant improperly charged Plaintiff a $146 per-start fee for entering Undisturbed in horse races at the Sonoma County Fair (the “Fair”) . He alleges that as he is simply an owner of a racehorse and thus not legally required to maintain workers' compensation insurance for the jockey riding the horse, since only the trainer, who hires the jo c ke y , is a n e m p lo ye r o b lig a t e d t o m a in t a in s u c h ...

Excerpt: ...s Brigitte Graefin von Schlienk Seebass (“Seebass”). This matter comes on calendar for Constellation's motion to amend the judgme nt to add Seebass, personally, as a judgment debtor. Th e m o t io n is D EN IED . Counsel for Bacchus shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). I. Background In 2017, Constellation and Bacchus entered into two five -year ...

Excerpt: ... efendant determined Plaintiff required jaw surgery. Defendant discussed the risks, benefits, alternatives, and foreseeable complications of the surgery with her, and with Plaintiff's consent, performed the surgery. According to Defendant, he placed arch ba rs and screw fixations between and away from Plaintiff's tooth roots and intentionally left one screw out of the upper mandible plate out of concern for its proximity to the tooth root. Defend...

Excerpt: ...spection of the Property and observed a greenhouse that appr oximately contained 75 cannabis plants. PRMD issued a Notice and Order for unlawful commercial cannabis use on the Property and civil penalties due for violating various county code sections. Several months later, the County entered the locked Property by force with an Inspection Warrant because Defendant was not there at the time and found several violations as described in Paragraph 2...

Excerpt: ...County of Sonoma (Plaintiff) brings this code -e nforce me nt act ion t o compe l JOHN Beaver and his son BOWIE Beaver (collectively Defendants) to abate nuisance conditions at a property (the Property) in Cazadero owned by BO W IE. The complaint alleges that JOHN lives on the Property and that BOWIE liv e s in Au s t r a lia . (Individual defendants are referred to by their first names for clarity, as they have the same surname. N o d is r e s p...

Excerpt: ...Decedent was found dead on the Property. He had no known next of kin, so the People of the State of California, City of Santa Rosa (“Plaintiff”) commenced a receivership action to take control of the Property and abate all existing nuisances found thereon. The Court appointed Ro b e r t Wakefield as receiver on June 17, 2023. Defendant Dilly, as Decedent's intestate successor and administrator his estate, filed this motion to set aside the Co...

Excerpt: ...h ib it 1 , H o ls a p p le D e p o . Tr ., 1 1 2 :2 2 -113:11. 2. St o ll D e c l., Exh ib it 1 , H o ls a p p le D e p o . Tr ., 1 1 3 :2 5 -114:5. 3. St o ll D e c l., Exh ib it 2 , D e c la r a t io n o f W illia m H o ls a p p le (“H o ls a p p le D e c l.”), ¶ 4. 4. St o ll D e c l., Exh ib it 2 , H o ls a p p le D e c l., ¶ 5 . 5. St o ll D e c l., Exh ib it 2 , H o ls a p p le D e c l., ¶ 6 . 6. St o ll D e c l., Exh ib it 2 , H o ...

Excerpt: ...hough Youngs performed, Defendants breached the contract by failing to pay the amount owed. P la in t if f f ile d t h is a c t io n t o collect the debt, allegedly $2,346.41, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff obtained their default on January 4, 2024 and obtained a default judgment against them on January 10, 2024, for the amount of $3,048.17, including interest and costs. Post -Judgment Discovery Pla...

Excerpt: ...pending the outcome of the appeal would not p r e ju d ic e t h e P la in t if f . If f o r a n y r e a s o n t h e a p p e a l is r e s o lv e d , d is m is s e d , o r dropped prior to the September 25, 2024 hearing date, Plaintiff may file an ex parte motion for advancement of the hearing on this motion. Defendant's Motion to Set Aside Default Defendant's motion to set aside default is CONTINUED pending the appeal of the judgments. The matter ...

Excerpt: ..., Plaintiff demanded that W ilh e lm p a y $800,000 to replace the asphalt driveway on the property that was used daily for truck access. Plaintiff claimed that a lease provision required Wilhelm to maintain the asphalt driveway throughout the lease, but that Wilhelm failed to do so. The parties continue to dispute this demand and have been unsuccessful in negotiating a settlement over several months. Plaintiff commenced this action as a result a...

Excerpt: ...ainst Kazemini, individually, and Hassan Kazemini and Yayyebeh Mollani Mehrjerdo as Trustees of the Kazemini Family Trust (“Trustees”) for breach of contract, open book accounts, common counts, equitable indemnity, contribution/ comparative f a u lt , a n d d e c la r a t o r y r e lie f . Cr o s s -Complainants allege that Trustees own real property located at 755 Farmers Lane, #100 in Santa Rosa, and as the owners of that property, should h...