Excerpt: ...eclaratory Relief and Breach of Contract SUSTAINED with leave to amend. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, a labor organization representing construction workers, complains that Defendant has improperly repudiated a Project Stabilization Agreement (“PSA”) be...

Excerpt: ...t al., No. 18-cv-02223 (C.D. Cal.); that Plaintiff's second, third, and sixth causes of action fail to state facts sufficient to constitute a cause of action; and that Plaintiff's fifth cause of action is untimely. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike seeks to strike portions of the complaint on the grounds that the applicable law does not allow for recovery of replacement or restitution and related damages, incl...

Excerpt: ...ke portions of the complaint referring to Defendant driving while under the influence of alcohol or other mind-altering substances impairing her ability to drive, or having a blood alcohol level above the legal limit, or acting with malice and oppression in willful and conscious disregard for others, and request for punitive damages based on these allegations. Plaintiff opposes the motion. He argues that there is no basis for striking allegations...

Excerpt: ...”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration, relying on an arbitration provision in th...

Excerpt: ...endant defaulted under the terms of the settlement. The court granted the motion after the hearing of January 12, 2022. On February 17, 2022, the court entered judgment thereon. Motion Plaintiff now moves the court to amend the judgment nunc pro tunc pursuant to CCP section 473(d), explaining that it inadvertently made a math error on the proposed judgment it presented, and which this court entered, resulting incorrectly in a larger judgment than...

Excerpt: ...f's brother, Joseph Dutton (“Joseph”), Plaintiff's then-wife Teresa Dutton (“Teresa”), and Plaintiff (collectively, Plaintiff, Gail, Joseph, and Teresa are “the Duttons”), including estate planning and preparation of several agreements regarding DRC. He contends that Defendants failed to advise Plaintiff of potential conflicts of interest between him and Teresa, failed to shield Plaintiff's property interests, including his interest i...

Excerpt: ... Court's April 20, 2022 ruling provided: In order to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in or...

Excerpt: ...a, Defendant's Chairman and Director. Pursuant to the stipulation between the parties, this matter is CONTINUED to June 29, 2022, at 3:00 p.m., in Department 16. 2. Motion to Compel Compliance with Subpoena This matter is also on calendar for the motion of Defendants MBK Senior Living, LLC; MBK Real Estate, LLC; Muirwoods MSL, LLC; MSL Community Management LLC; MSL Holdings IX LLC; Muirwoods Memory Care; and Jamie Gralund (“Defendants”) for a...

Excerpt: ...l sign the proposed order. A motion by plaintiff can be made on the grounds that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (CCP § 438(c).) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice....

Excerpt: ...on. AFS is ordered in any future filings in this case to redact Plaintiffs' names and personal information. The Court hereby orders Exhibits 1 through 3 to the declaration of Peter F. Finn to be placed under seal. Any party may obtain discovery, subject to the condition in controversy rule, by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the lega...

Excerpt: ...nd failed to engage in the interactive process. On April 20, 2022, Michael Miller was appointed as a discovery facilitator in this case. He participated in a conference with the parties and has filed his report. The Court thanks Mr. Miller for his service. The motion is GRANTED. Within 15 days of the service of this order, Defendant is ordered to provide the name, position, and date of hire of all employees Defendant hired, reassigned, and/or pro...

Excerpt: ...pon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: [¶] (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.” If the Court orders summons to be published, it must be published in the newspaper ...

Excerpt: ... of the 479 class members have been so far found to be undeliverable, one class member submitted a dispute which was resolved, one has opted out, and no member has objected. Facts and History Plaintiff complains that when Defendant employed him as a “Cellar Associate” from about April 2018 until terminating him on or about November 4, 2019, Defendant violated several provisions of the Labor Code by failing to provide accurate wage statements,...

Excerpt: ... the property because Rudra has defaulted on the loan and has failed to cure the default despite two separate notices of default. The application is GRANTED. Defendant's bond is set at $400,000. At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property; and, (2) the undertaking requirements of Section 515.010 a...

Excerpt: ...mplaint alleges that on March 5, 2020, Plaintiff leased a 2019 Volkswagen Atlas from Defendant. Plaintiff alleges that Defendant violated the Song-Beverly Consumer Warranty Act by failing to conform the vehicle to the express written warranties within a reasonable number of repair attempts or within the warranty periods, and by failing to promptly replace the vehicle or make restitution to Plaintiff. Plaintiff's fourth cause of action for Violati...

Excerpt: ...repair, including violations of the Song-Beverly Consumer Warranty Act (“Song-Beverly”) at Civil Code (“CC”) section 1790, et seq. On January 5, 2022, Plaintiff filed a notice of conditional settlement of the entire action. Motion Plaintiff now moves the court for an award of attorneys' fees, costs, and other litigation expenses. She contends that she is the prevailing party on her claims pursuant to CC section 1794(d) because she obtaine...

Excerpt: ...nd production. The court also GRANTS the motion with respect to the request for an order to show cause and hearing re: contempt. The court sets the hearing on the order to show cause for June 15, 2022 in this department. Finally, the court notes that Plaintiff does not discuss monetary sanctions under the Discovery Act in the Notice of Motion, Motion, or Memorandum of Points and Authorities. Plaintiff does discuss and request monetary sanctions b...

Excerpt: ...ddition, the proposed FAC will remove allegations of wrongdoing that have been corrected. The motion is GRANTED. The additional allegations added to the proposed FAC are that Defendant improperly accepted a $50,000 loan from a board member without disclosing it; the decision to accept the loan was approved by only two out of three board members, including the board member who made the loan. Plaintiff alleges in the proposed FAC that the loan most...

Excerpt: ...ed below. Plaintiff served his Request for Production, Set Two, on defendant KFH on December 16, 2021, by email. (Hirsch Decl., ¶4, Exhibit A.) Plaintiff's Request for Production of Documents, Number 32, seeks: The employment applications of each applicant YOU HIRED FOR THE 4 POSITIONS PLAINTIFF APPLIED FOR DURING THE TIME PERIOD OF JANUARY 2019 THROUGH MAY 2019, INCLUDING (1) WORKPLACE SAFETY SPECIALIST (SANTA ROSA HOSPITAL); (2) SUPERVISOR, AD...

Excerpt: ...has trespassed on Plaintiff's Property by excavating without permission and constructing additional water systems to collect ground water to which Defendant is not allowed. Plaintiff alleges that in 1936, the then-owner of Plaintiff's Property (“Weeks”) granted to the then-owner of Defendant's Property (“Seaman”) “the continuous right to the water flowing, and to flow, from that certain spring situated on the Northwest forty… acres”...

Excerpt: ...a result of Defendants' negligence and failure to maintain the Premises in a habitable condition in compliance with applicable codes, and that for a period of time the conditions were such that they were barred from entering or using the Premises. Discovery Defendants served Plaintiffs on April 10, 2020 with a supplemental interrogatory and supplemental request for production, each asking Plaintiffs to review their responses to prior discovery an...

Excerpt: ... the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Melnyk v. Robledo (1976) 64 Cal. App. 3d 618, 624.) There is no requirement that copies of bills, invoices, statements, or any other such documents be attached to the memorandum. Supporting documentation must be submitted only if costs have been put in issue by a motion t...

Excerpt: ...16, 2022, and was continued to allow Petitioner to provide additional information that the North Bay Bohemian has not undergone significant changes since its time as The Sonoma County Independent. The Petition is DENIED. Gov. Code section 6024(1) allows a decision and judgment adjudicating a newspaper as one of general circulation to be vacated, modified or set aside by the court on its own motion, or on the motion of any person, whether a party ...

Excerpt: ...he motion to deem requests for admissions admitted is DENIED as Defendants provided responses prior to the hearing on the motion. However, sanctions are mandatory and are imposed in the amount of $2,500 jointly against Defendants and defense counsel. This Court's proposed tentative ruling for April 13, 2022, required Defendants to serve Plaintiff with verified responses, without objection, prior to the hearing on this motion or Plaintiff's Reques...

Excerpt: ...ocated at 3353 Mountain Home Ranch Rd in Calistoga. Plaintiff alleges that defendant Gold has wrongfully initiated foreclosure proceedings to make plaintiff wrongfully shoulder the burden of all losses caused by the 2017 Tubbs fire. Plaintiff alleges that it was PG&E's negligent maintenance that caused the Tubbs fire which led to damage and devaluation of Plaintiff's property. Plaintiff alleges such maintenance is so intertwined with the function...