Excerpt: ... c a r c o llis io n (t h e “Co m p la in t ”). Th is m a t t e r is o n c a le n d a r f o r P la in t if f 's motion to r eopen discovery under CCP § 2024.050. The motion is D EN IED . I. Gove rning Law Under CCP § 2024.020, the discovery cut- off is based on the date in it ia lly set for trial, and as such, a trial continuance or postponement of the trial date does not operate to reopen discovery. Se e P e lt o n-Shepherd Industries, Inc...

Excerpt: ...n presented. Defendant/ Real Party in Interest Gold Ridge Fire Protection District's Demurrer t o Fir s t Am e n d e d Ve r if ie d Co m p la in t SUSTAIN ED without leave to amend as to the general demurrers, as explained herein. The court overrules the demurrers for uncertainty or defect or misjoinder of parties as explained herein, but this has no impact on the outcome because the demurrers which this court sustains fully dispose of all causes...

Excerpt: .... Code § 1793.2); and 2) fraudulent inducement – concealment. This matter is on calendar for Plaintiff's motion to compel further responses to requests for production of Documents under CCP § 2031.310. The motion is GRAN TED in p a r t . I. Ev id e n t ia r y Is s u e s Plaintiff asserts new factual issues related to the Cadena class action contained in the amended RPOD ¶ 46. New substantive evidence and points raised on reply are generally ...

Excerpt: ... 30 days of the entry of this order, Plaintiff shall deposit $78,338.06 with the Clerk of the Court, which amount represents the total interpleaded funds less the attorney's fees and costs. Once this occurs, Plaintiff will be discharged from liabil ity with respect to the funds deposited with the court. PROCEDURAL HISTORY Plaintiff City of Santa Rosa commenced this action (23CV014941) as an interpleader against Defendants David Pelayo, Roberto He...

Excerpt: ... them. Plaintiff has filed a proof of service reflecting that Defendant was served on April 20, 2024. Proofs of service are prima facie evidence that service occurred. Defendant has filed a timely opposition, and so no prejudice is apparent. As such, the analysis proceeds to the merits of Plaintiff's filing. Plaintiff provides no legal or factual basis allowing this Court to assert jurisdiction. Under 28 U.S.C. 1441 (a), this matter was removed t...

Excerpt: ...6. This does not impact the Court's ability to rule on the matter before it without bias, but for sake of transparency, merits disclosure to the parties. Plaintiff Harriet Watson (“Plaintiff”) filed the complaint (the “Complaint”) against defendants Jumpsport, Inc. (“Defendants”), and Does 1 -20 alleging causes of action derived from products liability claims. The matter is on calendar for four discovery motions by the parties. I. Pro...

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: ...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: ...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: ...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: ...of Ame rica, LLC, (“UPA”) in 2016 for a public- works proje ct . U P A a g r e e d to pay its employees a prevailing wage for work done on the project. UPA e m p lo y e d P la in t if f s f o r this projectbut paid them less than the prevailing wage. Plaintiffs filed Stop Notices with the City of Santa Rosa against which UPA contested via affidavits. (Motion, Donahoo Decl. ¶ 11). Plaintiffs then engaged present counsel and commenced this act...

Excerpt: ...he Permanente Medical Group, Inc. (“Medical Group”) Matthew N. Joseph, D.O., Thuanthieu D. Ho, M.D., Allis o n N o e s e ka b e l, M .D ., Co le t t e M c F a d d e n , M . D ., Q u a n gm in h D . Ly, M .D ., Ta n n ia H . J o s o n , M .D ., J o e A. Sa e n z, M .D ., Co lin T. Ib e r t i, M .D ., N a n e t t e L. M ye r s , M .D ., Cla ire E. W h it e , M .D ., Eliza b e t h Au , M .D ., (a ll t o ge t h e r, “D e fe n d a n t s ”), a ...

Excerpt: ...4) fraud; and 5) declaratory relief. This matter is on calendar for Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, as well as Defendant's motion to strike types of damages pursuant to CCP § 435 et seq. The Demurrer is SUSTAIN ED IN P ART W ITH LEAVE TO AM EN D . The Motion to Strike is GRAN TED in p a r t w it h le a v e to ame...

Excerpt: ...arty”) as to Plaintiffs' subpoena for business records under CCP § 2020. 020. The motion is GRANTED in part . Th e r e q u e s t f o r s a n c t io n s is D EN IED . I. Ev id e n t ia r y Is s u e s Plaintiff's first through third objections are O VERRULED . The evidence offered appears to be a display of qualifications that would be sent to the request for attorney's fees. Plaintiff's fourth and fifth objections are SUSTAIN ED . II. G o v e r...

Excerpt: ...t in the properties named as Does 1 -1 0 , a r is in g out of Plaintiff's request to partition the parties jointly owned properties. This matter is on calendar for the motion by William for leave of court to file a cross-complaint pursuant to CCP §§ 426.30 & 428.10. I. Legal Authority Where the defendant's cause of action is against the plaintiff, is related to the subject matter of the complaint, and failure to plead the cause of action will b...

Excerpt: ...nsel”). The Court set the July 12, 2024, trial date in the instant case on July 13, 2023. This was the first time the trial had been set in this matter. Defendants have filed a motion to continue the trial, as Plaintiff's counsel is occupied with substantial h e a lth concerns, affecting his ability to dedicate the additional time this case requires before trial. This includes discovery matters still being exchanged between the parties. The Rul...

Excerpt: ...er Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defe ndants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of th...

Excerpt: ...ff attended school in School Defendant's district. This matter is on calendar for the motion by School Defendant pursuant to Code of Civil Procedure § 438 granting judgment on the pleadings as to the third, fourth and fifth causes of action on the grounds that the Complaint fails to state sufficie nt fact s to constitute causes of action in this matter. Th e m o t io n is D EN IED . I. G o v e r n i n g La w A. Judgment on the Pleadings A motion...

Excerpt: ...ar for the petition by Uber to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRAN TED . I. Fact s and Proce dure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on October 25, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Chenshan Yu in Support, ...

Excerpt: ...ndar for Plaintiff's Order to Show Cause re: Preliminary Injunction arising out of a Temporary Restraining Order request filed on April 8, 2024. The motion is continued to May 15, 2024. I. Underlying facts Plaintiff filed the application for Temporary Restraining Order and request to set the Order to Show Cause re: Preliminary Injunction on April 8, 2024. The Court's orde r grant ing t he Te mporary Re straining Orde r and se tt ing of t he Pre l...

Excerpt: ... t e r r o g a t o r ie s (“SIs ”) a g a in s t Defendants under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . D e f e n d a n t s s h a ll serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $...

Excerpt: ...nts under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708 .030 & 2031.300. The unopposed Motion is GRAN TED . Defendants shall serve verified code- compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of ent...

Excerpt: ...intervention (the “M o t io n ”). Th e M o t io n is GRAN TED . I. Governing Law Labor Code Division 4, governing “Workers' Compensation and Insurance,” Part 1, Chapter 5, “Subrogation of Employer,” governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' co mpensation or other similar benefits. Lab. Code section 3 8 5 2 g ive s e m p lo ye e s a n d e m p ...

Excerpt: ...necessary precautions to prevent her from falling, as a result of which she fell and suffered injuries. Plaintiff's complaint, filed on November 29, 2023, alleges causes of action for (1) negligence and (2) violations of the Elder and Dependent Adult Civil Protection Act (Welf & Instit. Code §15600 et. seq.) Plaintiff, a 93-year elder who was a resident at Defendants' Muirwoods Memory Care assisted -living facility in Santa Rosa, California (the...

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 ...