Excerpt: ...for reconsideration and that the instant demurrer should be sustained for the same reasons as the last. In the opposition, petitioner Rowley “acknowledges that the Court's reasoning in its order sustaining the [previous] demurrer appears to apply to the amended [petition]. Rowley believes, with all due respect, that the Court's reasoning was mistaken…” (Rowley's Opposition, p. 1, lines 8-10.) The Court remains unpersuaded by Rowley's positi...

Excerpt: ...ey fees and costs. This is a lemon law action involving violations of the Song-Beverly Act. Shortly before trial, defendant FCA US LLC accepted plaintiff's CCP §998 offer in the amount of $142,000. It is undisputed that plaintiffs are the prevailing party in this case and that they are entitled to reasonable attorney fees, costs and expenses. (Code of Civil Procedure §1032(a)(4); Civil Code §1794(d).) The calculation of reasonable attorney fee...

Excerpt: ...e or tax costs. This agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk. In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum or the notice of motion to strike or tax costs for a period not to exceed 30 days.” According to the email exchange between counsel attached to the filed stipulation, it is plaintiff who proposed December 6 th as ...

Excerpt: ...whistleblowing regarding his co-workers' misconduct. Requests for Judicial Notice The City's unopposed requests for judicial notice of the complaint and California Government Code §1031 are granted. Evidentiary Objections Plaintiff's objection to Paragraph 13 of and Exhibit “C” to the Masterson Declaration is overruled. The City's objection to the Williams, Krauss and Labno Declarations are sustained. The City's objection to excerpts of plai...

Excerpt: ...that defendants Aid for Starving Children, Monte Wilson, Joseph Spiccia, Jeffrey Baughman, Warren Hayes, Lane Phillips, and Paul Kelly have for years improperly reported and characterized Gift-in-Kind donations (primarily pharmaceuticals) as revenue, leading to misrepresentation of the percentage of dollars spent on donations actually going to feed starving children and their families. Specifically, paragraph 26 of the complaint states: From May ...

Excerpt: ...o their CCP §998 offer to compromise. The stipulation called for the real property sale to have a listing price of $3,500,000 with a minimum sale price of $3,200,000. Additionally, the stipulated judgment provided that “the sale will be conducted by a real estate broker selected by the court or one mutually agreed to by the parties if such an agreement is reached…” (Ex. A to Kelly Decl.) Plaintiffs argue that defendants have refused to hon...

Excerpt: ... action is STAYED as to defendant Jacob Johnson based on his June 26, 2019 bankruptcy filing and September 3, 2019 Notice of Stay of Proceedings. (See, 11 U.S.C.A. §362(a)(1).) In this action defendant Mother Lode Brewing LLC, dba 101 North Brewing Company agreed to lease certain equipment from Innovative Lease Services, Inc. (“Innovative”) in exchange for payments over a 50-month term. Innovative subsequently transferred all “rights, titl...

Excerpt: ...rial date is set, or 70 days before that trial date, whichever is nearer the date. The exchange must occur 20 days after the demand or 50 days before the initial trial date, whichever is later.” (Perry v. Bakewell Hawthorne, LLC (2017) 2 Cal.5th 536, 539.) Here trial was initially set for April 12, 2019 on July 27, 2018. As reasoned in Perry: “A party may not raise a triable issue of fact at summary judgment by relying on evidence that will n...

Excerpt: ...onal misrepresentation; (4) negligent misrepresentation; (5) negligence; (6) elder financial abuse; and (7) violation of Business and Professions Code §17200, et seq. Plaintiffs seek damages as well as injunctive relief. Nationstar demurs to all plaintiffs' claims on the ground that they have failed to state a cause of action. Nationstar's unopposed request for judicial notice of recorded documents is granted. As an initial matter, the court not...

Excerpt: ...ation may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civ...

Excerpt: ...bership meeting of Sports Equity Partners, LLC was defective because it failed to comply with the LLC operating agreements and California Corporations Code section 17704.07(h)(1). (Petition, ¶23.) Is short, Rowley, a manager on the board, contends one agenda item described only as “Consideration of possible removal of a manager” was too ambiguous. He objected on that ground before the meeting. (Petition, ¶18.) Specifically, Rowley questione...

Excerpt: ...s sale of plaintiff's real property <0057004b00480003004600 00560048005400580048[ntly issued a written ruling denying plaintiff's motion for a preliminary injunction. The court found plaintiff had failed to establish she would prevail on the merits. Plaintiff filed the FAC shortly thereafter. The FAC appears largely the same as the <0047004800470003002d00 0026004b004400560048[ Bank, NA as a defendant. Plaintiff's claims against defendants general...

Excerpt: ...wes no such debt. When Cedars contacted defendant on December 17, 2018 via letter trying to collect on the debt, defendant found Cedars website and emailed a request to customer service for details and documentation to support the claim. He received no response so he emailed Cedars again on December 20, 2018 and January 15, 2019. He also went online to learn more about Cedars and contends he discovered that many customers had left reviews claimin...

Excerpt: ...tion [1] for terminating sanctions is GRANTED. Susan Dean Ridge is the only remaining plaintiff in this action. Pursuant to CCP§2023.030(d), FPI Management moves for terminating sanctions on the ground that Ridge has disobeyed two prior court orders to respond to discovery and pay monetary sanctions. FPI Management further asserts that it first propounded written discovery over a year ago, Ridge has repeatedly missed deadlines, delayed the progr...

Excerpt: ... with his reply. Marc and Mary Durand are married but legally separated. The judgment of legal separation deems the real property where their family home was located as Ms. Durand's separate property. The residence was later destroyed by fire. Plaintiff claims an insurable interest in the insurance proceeds. He filed this action to recover a portion of the insurance money and he now moves to disqualify Mr. Culver from representing Ms. Durand. It ...

Excerpt: ...1 is DENIED. The unopposed requests for judicial notice are granted. The court declines to rule on the parties' evidentiary objections as they are not material to the court's ruling on this discovery motion. As an initial matter, Maciel failed to file a separate statement in support of his motion to quash as required under California Rules of Court, Rule 3.1345(a)(5). It is within the court's discretion to deny the motion for his failure to compl...

Excerpt: ...ome for profit. Per the Stewarts, they would have negotiated a higher sale price had they known investors were involved. Defendants demur on the ground that the Stewarts have failed to state a cause of action for breach of contract because they have not identified whether the alleged contract is written or oral; what the terms of the contract are; any facts constituting a breach of that contract; or any recoverable contract damages. Defendants al...

Excerpt: ...ntified any prejudice she suffered from the purported defects, if any. Accordingly, the Court will rule on Miller's motion. <0003005300550052004500 005200510003005a0044[s later filed by decedent's sister Debra Rosmarin (“Rosmarin”). Decedent's friends Sue Thor and Anita Veltre also filed probate petitions in the case. Rose Miller is decedent's surviving spouse and Rosmarin, Thor and Veltre claim in their probate petitions that the version of ...

Excerpt: ...to slash the fee award because he believes defendants' counsel “block billed.” Plaintiff also unnecessarily attacks defendants' counsel's integrity. On that note, Defendants' evidentiary objections to the declaration of Plaintiff's counsel Rivers are sustained. “California case law permits fee awards in the absence of detailed time sheets. (Sommers v. Erb (1992) 2 Cal.App.4th 1644, 1651 [4 Cal.Rptr.2d 52]; Dunk, supra, 48 Cal.App.4th at p. ...

Excerpt: ...However, while the attorney fees and costs awarded in a recent lemon law case in the Sonoma County Superior Court involving the same counsel may be relevant here, the court notes it is not bound by a trial court's decision. “[A] written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4 th 819, 831.) The court finds reasonable rates in this community for attorneys who have approxima...

Excerpt: ...e states he cannot do so if his ingress and egress is blocked by McCharen's vehicle. Obert previously filed a quiet title action against McCharen, which was resolved by a formal settlement agreement between the parties in January 2019. Per the agreement, McCharen was to remove a gate across the easement, part of a deck, a wood pile and some fencing that encroached on Obert's property. McCharen states in her declaration that her parcel is landlock...

Excerpt: ... a court ruling issued in Sonoma County Superior Court case SCV-255664 is granted. Plaintiff's unopposed request for judicial notice is granted. The court notes that it only takes judicial notice of the fact the documents were filed or particular orders were made. The court does not take judicial notice of the truth of the matters asserted in the documents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1565.) This is a legal malpractice action al...

Excerpt: ...fic facts showing good cause justifying the discovery sought...”].) The parties appeared at the hearing and informed the Court that a stipulation and order had been submitted requesting a continuance of the hearing to June 5, 2019. The Court indicated that the order continuing the hearing would be signed once received. The Order continuing the hearing to June 5, 2019 was signed on May 22, 2019. On the Court's own motion, the hearing was subsequ...

Excerpt: ...dant Expert Plastering, Inc. (“Expert”) is the stucco subcontractor. Defendant CTS Cement Manufacturing Corporation (“CTS”) produced the stucco cement used by Expert. Expert moves for summary judgment or adjudication of all plaintiff's claims on the ground they are time-barred. Plaintiff and CTS have both filed opposition to Expert's motion. Construction on plaintiff's home was completed on August 24, 2005. It is undisputed that bubbling ...

Excerpt: ... Nursing Officer (“CNO”) for defendant Aurora Behavioral Healthcare-Santa Rosa, LLC(“Aurora”). Brooke alleges she was wrongfully terminated after six months and suffered retaliation from Aurora for internal and external whistleblowing primarily related to hospital staffing levels. Defendants Aurora and Signature Healthcare Services, LLC now move for summary judgment of Brooke's claims, or in the alternative, summary adjudication of the fo...