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,...

Excerpt: ...nting judgment on the pleadings on the ground that the Complaint fails to state sufficient facts to constitute causes of action in this matter. The motion is DENIED. I. Governing Law A. Judgment on the Pleadings A motion for judgment on the pleadings may only be made on the grounds specified in the statute. CCP section 438(c)(1). If the moving party is a defendant, the motion may be made on the grounds that the complaint does not state facts suff...

Excerpt: ...ll as the motion for attorney's fees and class representative enhancements. The Court issued a tentative ruling on the motion on April 4, 2024, and ordered the parties to appear for oral argument the next day. At the hearing, the Court allowed arguments by Plaintiff's counsel which focused on the Court's modification to the attorn ey's fees allocation in the settlement. Plaintiff argued the original attorney's fee request was justified but re...

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...

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...

Excerpt: ...pliance with Rule 3.1312. I. Background This complaint arises out of an ongoing dispute between the parties who are a HOA President (Plaintiff) and a resident of the Association (Defendant). Defendant is alleged to have sent sent several letters and emails to Plaintiff personally (that are large ly not the subject of this motion) and letters, emails, and flyers to board members and residents with his concerns regarding Plaintiff's fitness to serv...

Excerpt: .... (“CCP”) § 473 for leave to amend the FAC. The motion is DENIED. I. Legal Standards The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...

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...

Excerpt: ...ffs”). The demurre r is SUSTAINED without leave to amend. Plaintiffs' FAC alleges that on August 20, 2020, defendant Vanessa Ann Bardella (“Vanessa”) left her home and crossed the street to where Decedent was residing in her recreational vehicle. Vanessa shot Decedent in the face which caused severe i njuries resulting in her death. Plaintiffs allege that Barbara, Vanessa's mother, and Vanessa's brother, Matthew Bardella, knew that Vanessa ...

Excerpt: ... its discretion to consider the late - filed opposition since Defendant was still able to file a substantive reply. Analysis: I. St andard on De murre r A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, St evens v. Superior Court (1999) 75 ...

Excerpt: ... ura l Ma t eria ls Co. (1981) 123 Cal.App.3d 593, 604 -605. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: I. St andards on De murre r A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. ( Blank v. Kirwan (1985...

Excerpt: ...an amended cross -c o m p la in t is GRAN TED . This motion is based upon Cross -Co m p la in a n t s ' r e c e ip t o f d is c o ve r y responses that indicate that Plaintiff Dorian Guerrero was not an employee of Craft Contract ing dba Craft Ge ne ral Const ruct ion (“Craft ”). It is Cross - Complainants' position that Craft cannot therefore avail itself of the protections of Labor Code section 3864, which formed the basis of this court's r...

Excerpt: ....50(c) provides: “The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or t o file the cross -complaint, to assert such cause if the party who failed to plead the caus e acted in good faith. This subdivision shall be liberally construed to avoid forfe it ure of cause s of act ion.” If t he propose d cross -c o m p la in t is p e r m is s iv e , leave of court ma...

Excerpt: ...��), special interrogatories (“SIs”), and requests for produc tion of documents (“RPODs”), and for monetary sanctions. Th e M o t io n is GRAN TED . I. Relevant Law A. Motions to Compel Responses Regarding the FIs, 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 “[i]f an interrogatory cannot be answere...

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 ...

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...

Excerpt: ...� 4 1 8 .1 0 (a)(1 ) o n t he gro und s t hat t he Co urt lacked personal jurisdiction over Defendant because the summons and complaint we re ne ve r prope rly se rve d . I . Governing La w The Co de o f Civil Pro ce d ure st at e s t hat “[a] de fe ndant , o n o r b e fo re t he last day o f his o r he r t ime t o p le ad o r wit hin any furt he r t ime t hat t he co urt may fo r go o d cause allo w , may se rve and file a no t ice o f mo t io...

Excerpt: ...c o n sidered for, coordination.” Section 404.5 contemplates a stay of proceedings when the coordination of two actions is being considered. No such action is being considered for c o o r d in a t io n w it h t h is c a s e . Th e r e f o r e , s e c t io n 4 0 4 .5 is in a p p lic a b le . Re g a r d le s s , as pre vio usly d etermined by this court, and as acknowledged in defendant's moving papers, Dorothy Langley transferred the subject rea...

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...

Excerpt: ...s sufficient to constitute a cause of action. The Demurrer is SUSTAIN ED w it h 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 granted where the complaint's defect can be cured by amendment. Th e Swahn Group, I...

Excerpt: ...second amended complaint. West of Temperance is a winery. John King (“King”) and Brian Ojalvo (“Ojalvo”) are managers and/ or members of Plaintiff. King mainly manages the finances and Ojalvo mainly operates the winemaking process. Plaintiffs allege that they purchased wine corks from Defendant which contained “cork taint,” a fungus which can be present in natural cork that ruins the wine. The FAC alleges causes of action for breach o...

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