Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1269 Results

Location: Sonoma x
2021.10.20 Motion for Summary Judgment 581
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.10.20
Excerpt: ...uries resulting from a “physical altercation” between the two and Jacobs tendered the defense to Defendant. The latter allegedly denied coverage. Jacobs allegedly then settled the Original Action with Plaintiff and entered into an agreement with Plaintiff by which he assigned all of his rights against Defendant to Plaintiff. Defendant answered on September 28, 2020, denying all allegations and asserting affirmative defenses. Defendant moved t...
2021.10.20 Demurrer 986
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2021.10.20
Excerpt: ...rounds for the demurrer are: (1) the complaint is barred by the doctrine of res judicata (this Court interprets this ground to be made under CCP section 430.10(e) for failure to state facts sufficient to constitute a cause of action); (2) the complaint fails to state any facts sufficient to constitute any cause of action (CCP section 430.10(e)); and (3) the complaint is barred by the statute of limitations (this Court interprets this ground to be...
2021.10.20 Motion for Summary Judgment 779
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2021.10.20
Excerpt: ... substantial factor in causing injury to Plaintiff. For the reasons stated below the motion for summary judgment is DENIED. Procedural Background On April 12, 2019, Plaintiff filed the instant lawsuit in Alameda County Superior Court bringing a single cause of action for professional medical negligence against defendants Sutter Santa Rosa Regional Hospital (SSRRH), Dr. Pride, and Dr. Prieto. (Declaration of Alexandra C. Seibert, Esq. (“Seibert ...
2021.10.18 Demurrer, Motion to Strike 120
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2021.10.18
Excerpt: ...tly. With respect to the demurrer itself, Defendants demurrer to all causes of action in the complaint on the grounds there is a defect or misjoinder of parties; the complaint fails to allege sufficient facts to constitute a cause of action against Defendants; and the complaint is uncertain. Specifically, Defendants contend that the complaint fails to make any specific allegations against Defendants outside a vague reference that they are Hector'...
2021.10.18 Demurrer 049
Location: Sonoma
Judge: Price, Diane
Hearing Date: 2021.10.18
Excerpt: ... demurrer, since there was a good faith disagreement as to whether exceptional circumstances must be pleaded. Counsel for Cross-defendants shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. DISCUSSION: Cross-defendant's demur to Cross-Complainant's First Cause of Action for Breach of Contract on the grounds that it fails to state facts sufficient to constitute a cau...
2021.10.15 Motion for Reconsideration 225
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.15
Excerpt: ...e any basis for changing the court's ruling on the preliminary injunction and so denies the motion on that basis as well. However, the court exercises its right to modify the prior order as described below. Defendant/Respondent moves the court for reconsideration based on new facts and circumstances. It claims that he injunction has the potential to cause harm because, as a result of it, the exterior of the Garage is dark, making it difficult for...
2021.10.15 Motion for Summary Judgment, Adjudication 338
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.15
Excerpt: ...ies two purported causes of action: 1) medical malpractice, and 2) res ipsa loquitur. Plaintiff has filed no opposition to this motion and Defendant has filed a statement that he has received no opposition. I. Motion Defendant moves the court for summary judgment or, alternatively, summary adjudication of the following issues: (I) Plaintiff's first cause of action for medical malpractice because Defendant acted within the standard of car and no a...
2021.10.15 Motion for Summary Judgment 540
Location: Sonoma
Judge: Price, Diane
Hearing Date: 2021.10.15
Excerpt: ...e § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.” A defendant meets its burden by presenting affirmative evidence (such as declarations, discovery responses and/or deposition testimony) negating, as a matter of law, an essential element of plaintiff” s claim. (Guz v. Bechtel Na...
2021.10.15 Motion to Stay Enforcement 482
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2021.10.15
Excerpt: ... resolution of Ramos II. In the second motion, Defendant contends that Plaintiffs are actively preventing enforcement of the judgment in this case by failing to comply with the Court's Charging Order and by improperly transferring assets out of their own names and into their entities. Thus, Defendant seeks the following relief (A) for an assignment order assigning Plaintiffs' interest in all rents, contracts, income, commissions, and all rights a...
2021.10.15 Motion to Compel Discovery Responses, for Sanctions 302
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.15
Excerpt: ...ime of the hearing. CCP section 2033.280(c) (the court “shall” deem the requests admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Sanctions of $345 are awarded to the moving party. The Motion to Compel Discovery Responses and for Imposition ...
2021.10.15 Motion to Stay Proceedings 071
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.15
Excerpt: ...y the proceedings pending resolution of Defendant's related action against Plaintiff HOA, Simons v. Wild Oak Homeowners Assoc., SCV-268591 (“Defendant's Action”). Courts generally have power to stay actions when necessary for the interests of justice. Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4 th 1484, 1489 “[[t]rial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial e...
2021.10.15 Motion to Tax Costs 483
Location: Sonoma
Judge: Price, Diane
Hearing Date: 2021.10.15
Excerpt: ...s follows: Item No. 8.b, expert fees for Jeff Mallan and Christine Davis in the amount of $3,700.00; Item No. 4, deposition costs of non- parties Michelle Richards and Deborah Tjaden in the amount of $1,638.01; Item 14, eFees from electronic filing service provider in the amount of $452.79; and, Item No. 1, filing and motion fees in the sum of $60.00. If the items appearing in a cost bill appear to be proper charges, the burden is on the party se...
2021.10.06 Motion for Summary Adjudication 462
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.06
Excerpt: ... Plaintiff as a result. She alleges that Defendant hired her to as a “Direct to Consumer Manager” but gave her little authority over staff schedules, no authority to hire or fire, and instead gave her responsibility solely for running the Wine Club, tasting room and culinary program. Plaintiff alleges that on or about April 11, 2019, she told her manager, Dmitri Petropoulos (“Petropoulos”) that Defendant needed to comply with the law rega...
2021.10.06 Motion for Leave to File FAC 963
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.06
Excerpt: ...”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“the Project”) on Plaintiffs' real property at 1128 Kennilworth Road, Kenwood (“the Property”), complaining that Defendants had breached their contractual obligations and negligently caused defects in the Project. Numerous subcontractors were named as cross-defendants, with the usual set of cro...
2021.10.06 Motion for Leave to File SAC 296
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.06
Excerpt: ... and Bradley Bergum (“Begum”) (collectively, “the Individual Defendants”), also members and officers of SEP, have breached their fiduciary duties and engaged in self-dealing in their capacities with SEP for their own gain at the expense of Plaintiffs as well as SEP and its subsidiary entities, Sports City Santa Rosa, LLC, Santa Rosa Realty Partners, LLC, and Santa Rosa Entertainment Company, LLC (collectively, “the Combined Entities”)...
2021.10.06 Motion for Leave to Set Aside Default, Judgment 692
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2021.10.06
Excerpt: ... accident on February 20, 2020. Plaintiff filed the instant complaint against defendants Gail Amundsen and Julie Anne Amundsen (together “Defendants”) on June 28, 2021. Moving Defendant was personally served on July 6, 2021. Defendants attempted to file a joint answer on August 6, 2021, which was rejected by the court due to failure to remit fees. Plaintiff requested entry of default on August 9, 2021, which was granted against Moving Defenda...
2021.10.06 Motion for Monetary Sanctions 209
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.06
Excerpt: ...have violated their duty of candor to this court. The motion seeks sanctions from Vineyard at Fountaingrove, FM Santa Rosa Investors, LLC, Frontier Senior Living, LLC., and Tyler Mason, and their counsel Reuben B. Jacobson, Esq. and Miranda L. Bane, Esq.,jointly and severally. CCP section 128.5 gives the court discretion to order a party and/or attorney to pay “reasonable expenses, including attorney's fees, incurred by another party as a resul...
2021.10.06 Motion for Judgment on the Pleadings 751
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.10.06
Excerpt: ... lis pendens and the 2007 judgment of dissolution in SFL-36906 is granted. This Court also takes judicial notice of the 2020 TRO filed in SFL-36906. Plaintiff's second cause of action is to quiet title to property located on Ginny Drive in Windsor, APN 163-110-001 (“the Ginny Property”). Plaintiff alleges that in 2011, he paid $20,000 towards the balloon balance of $65,000 on a loan secured by the Ginny Property. (Complaint, ¶¶21, 37.) He a...
2021.10.06 Motion for Summary Judgment 476
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.10.06
Excerpt: ...l negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of an admission to the Santa Rosa Memorial Medical Center beginning on June 28, 2017. Plaintiffs allege that Defendant breached the standard of care by failing to timely diagnose, treat, monitor, and timely refer decedent for treatment. Plaintiffs allege that Defendant was aware that decedent was bleeding from her rectum but did nothing ...
2021.10.06 Motion for Summary Judgment, Adjudication 047
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2021.10.06
Excerpt: ... or set forth the objectionable statement or material…”].) Power's Objections to Evidence in the opposition numbers 1-8 are OVERRULED. Power's motion for summary judgment or, in the alternative, motion for summary adjudication is DENIED, in its entirety. 1. General Rules for Summary Judgment and Summary Adjudication. “Summary judgment is properly granted when there is no triable issue as to any material fact and the moving party is entitled...
2021.10.06 Motion to Compel Arbitration 075
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2021.10.06
Excerpt: ...on”). Petitioner alleges that Respondent has failed to pay a sum of $60,000 for services rendered, and filed the instant motion to compel arbitration under the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), on the grounds that Respondent agreed to arbitrate any dispute arising out of the Agreement. Petitioner requests attorney's fees and costs. The Motion is unopposed. The Motion is GRANTED. A list...
2021.10.06 Motion to Compel Further Responses 622
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.10.06
Excerpt: ...GRANTED. Defendant Mary Rose is directed to provide responses, without objection, to Plaintiff's special interrogatories, set one, numbers 1 through 35, within 20 days of service of this order. As to special interrogatories, numbers 36-291, the motion is DENIED. Sanctions are DENIED. Plaintiff served his Special Interrogatories, Set One, on February 17, 2021. (Miller decl., ¶2.) Plaintiff's first set of special interrogatories consists of 291 qu...
2021.10.06 Motion to Compel Mediation or Arbitration 332
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.10.06
Excerpt: ... Conditions, and Restrictions (“CC&Rs”). Specifically, it contends that the residents of the unit below Defendant's Property noticed mold and other signs of water damage evidently originating from water leaks in Defendant's Property; Defendant refused entry for inspection, after Plaintiff had given proper notice, in violation of the CC&Rs, Plaintiff properly conducted a violation hearing at which Defendant admitted to leaks in his bathroom an...
2021.10.06 Petition for Writ of Mandate 155
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2021.10.06
Excerpt: ... why it is an “attachment” or what it is an “attachment” to. This should be one of the core documents of the record. The petition includes an exhibit which Petitioners allege is the resolution. As far as the court can discern, it appears to be identical to the draft resolution in the record aside from the fact that it is simply the final, actual resolution. The court's ruling will be contingent on the clarification of this issue and the c...
2021.7.28 Motion for Preliminary Injunction 225
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.7.28
Excerpt: ...property at 7585 Valley Ford Road (“Plaintiffs' Property”) and that Defendant Two Rock Volunteer Fire Department (“Defendant” or “TRVFD”), owning an adjacent parcel of real property at 7599 Valley Ford Road (“Defendant's Property”), has improperly maintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They c...

1269 Results

Per page

Pages