Excerpt: ...n behalf of Defendants Ryan Agrella and Chris Agrella (collectively, “the Sons”), are OVERRULED. To the extent that the Court has sustained the demurrer, Plaintiff has leave to amend within 20 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. Defendants Ryan Agrella and Chris Agrella are required to answer within 10 days of service of the n...

Excerpt: ...Although the complaint refers only to one station and underground storage tank at 525 East Washington Street, Petaluma, the stipulated judgment covers all stations which Defendants own and operate (“the Stations”), which apparently included, as set forth in Plaintiff's motions to enforce judgment, 101 North McDowell Boulevard, Petaluma; 483 East Washington Street, Petaluma; and 532 East Washington Street, Petaluma (“the Petaluma Stations”...

Excerpt: ...and joined Defendant Golden State Wealth Management, LLC (“GSWM”), founded and run by Defendant Patrick Catone (“Catone”) (collectively, “the GSWM Defendants”) and in so doing misappropriated trade secrets which Defendants now use to compete with Plaintiffs. They contend that Curiel was assigned more than 200 high-net-worth clients when working with Plaintiffs; Curiel developed a personal relationship with Plaintiffs' clients but did ...

Excerpt: ...led. Plaintiffs have leave to amend within 10 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. The Complaint Plaintiffs complain that Defendants misrepresented the net result or effect of loans or mortgages (“the Loans”) which Defendants provided to Plaintiffs and which were secured against two parcels of real property (“the Properties�...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...T&T Telecommunications Company (“AT&T”), and Pacific Bell Telephone Company (“PacBell”) negligently controlled, maintained, or caused the condition. City moves for summary judgment, or summary adjudication, to the only identified cause of action, for “Negligence/Dangerous Condition of Public Property.” It argues that Plaintiff cannot state a cause of action for negligence, the Property was not in a dangerous condition because it did n...

Excerpt: ...that “there are no facts as statements of misrepresentation,” the allegations do not state who made the misrepresentation but claims that the contract itself is a fraud and “[t]his fails because its there [sic] was going to be no intention of the terms, the landlords would not have returned any funds form [sic] the deposits, as the plaintiffs admit did occur,” no facts show that Defendants “did not intend the terms they agreed to [sic],...

Excerpt: ...epartment, violated her civil rights by disregarding her complaint about being attacked, falsely claiming that Plaintiff was the aggressor and seeking to file baseless charges against her, and threatening her, all based on various improper motives including racial or other discrimination. Defendants include the chief of police Kevin Burke (“Burke”) and four police officers (“the Officers”), Teygan Mason (“Mason”), Darryl Erkel (“Erk...

Excerpt: ...ler”) with a Request for Production of Documents, Set 3 on March 5, 2020; Muller responded on March 16, 2020; Plaintiffs found the responses deficient and attempted to resolve the matter informally by e-mail on April 9, 2020; Muller responded by reiterating objections and the parties did not resolve the dispute. Fladseth Dec. Plaintiffs move the Court to compel Muller to provide a further response to Request No. 59 in the set. Muller opposes th...

Excerpt: ...jury, often equated with an “inadequate legal remedy.” Code of Civil Procedure section 526(a)(2); Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084. The requirement that the injury be “imminent” simply means that the party to be enjoined is, or realistically is likely to, engage in the prohibited action. Korean Philadelphia Presbyterian Church, supra. The irreparable injury will exist if the...

Excerpt: ...ions 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, once a timely, proper motion to compel further responses has been made, the responding party has the burden to justify objections or incomplete answers. Coy v. Superior Court (1962) 58 Cal.2d 210, 220- 221. A party moving to compel further responses to a production request, however, must demonstrate “good cause" for seeking the items. Code...

Excerpt: ...e a cause of action, is SUSTAINED with leave to amend for the reasons explained below. The demurrer to the cross-complaint for uncertainty is OVERRULED for the reasons explained below. Request for Judicial Notice Plaintiff/Cross-Defendants seek judicial notice of the complaint in this action (Ex. 1), a Google Maps aerial photograph form the public domain (Ex. 2), notices and orders and other documents purportedly sent to Defendants/Cross-Complain...

Excerpt: ... set forth below. Cross-Defendant Loanvest VII, L.P.'s Motion to Expunge Lis Lindens and Request for Attorney Fees GRANTED as set forth below. Motion to Set Aside Default Code of Civil Procedure section 473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed six months from the date the order was entered. Code of Civil Procedure section 473(b). Code of ...

Excerpt: ...damages. The Court grants this request. Defendant moves the Court to quash services of the summons and complaint or, alternatively, to set aside the default and judgment. Relying on Code of Civil Procedure section 473(d), it argues that service is void because service failed to comply with the requirements. It also argues that the Court should set aside the default and judgment based on Code of Civil Procedure section 473(b) since it allowed the ...

Excerpt: ...nto a binding arbitration provision covering this dispute and Plaintiff's claims. The Court granted the motion after the May 29, 2019 hearing. Plaintiff contends that after the order for arbitration, the parties stipulated to the selection of retired Judge Scott Snowden (“Snowden”) with JAMS as arbitrator but that Defendants have now withdrawn that consent unilaterally and wish to obtain a different arbitrator. Facts and History of the Arbitr...

Excerpt: ...ppearing on the face of the complaint, exhibits thereto, and judicially noticeable matters. Code of Civil Procedure section 430.30; Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The grounds for a demurrer are set forth in Code of Civil Procedure section 430.10. One of the grounds, in subdivision (e), is the general demurrer that the pleading fails to state facts sufficient to constitute a cause of action. Demurrer for failure to state facts sufficie...

Excerpt: ...g prior to April 15, 2020, until April 15, 2020. Plaintiffs accordingly were allowed up to April 15, 2020 to file their opposition. They filed the opposition on that date, making it timely. Defendant Ridgely Oliver Muller, M.D. (“Muller”) moves for summary judgment or, alternatively, summary adjudication against Plaintiffs' complaint. Preliminarily, he calls this a motion for summary judgment or adjudication but it is in effect simply a motio...

Excerpt: ... using the information outside this litigation. The motion is DENIED in all other respects, including the request to quash the subpoena or issue a protective order limiting the information and records to be produced. Plaintiff served Wells Fargo & Company (“Wells”) with a deposition subpoena for production of business records on January 22, 2020 seeking production of the statements, cashiers' checks, deposits and credits, checks, withdrawals,...

Excerpt: ...is is not clear. Except for any part of the motion which the Court finds to be moot, or for which the parties demonstrate otherwise, Motion to Compel Post Construction Services, L.P. to Further Respond to Defendant's Requests for Production of Documents and to Produce Additional Documents GRANTED. Reasonable sanctions of $7,276.75, based on 18 hours of work, awarded to the moving party. Denmark moves the Court to compel further responses and prod...

Excerpt: ...ica (1972) 6 Cal.3d 920, 939. As long as the motion is “timely” and will not prejudice a party, it is normally an abuse of discretion to refuse to allow amendment if the denial will deprive a party of a meritorious claim or defense. Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596. Normally delay alone is not a sufficient reason to deny amendment, unless the delay has resulted in prejudice...