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1889 Results

Location: Sonoma x
2023.02.01 Petition to Compel Arbitration and Stay Proceedings 911
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.01
Excerpt: ...Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure This matter arises out of a series of business transactions between the Plaintiff, Defendant, and the Company. Plaintiff and Defendant are the only shareholders within the Company. The parties have all signed a shareholder agreement, which includes various terms regarding the operation of the Company. See ...
2023.02.01 Motion for Leave to File Complaint 472
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ...nification as to the claims of Plaintiffs Latchmi Lala and Kevin Lala (together “Lala Plaintiffs”) per the contractual terms of the subject lease agreement entered into between Plaintiffs and Defendants. The motion is GRANTED. Plaintiffs filed their complaint on May 26, 2021, alleging causes of action against Defendants for (1) Premises Liability; (2) Negligence; (3) Intentional Misrepresentation; (4) Breach of Contract; (5) Breach of Warrant...
2023.02.01 Application for Determination of Good Faith Settlement 360
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.02.01
Excerpt: ...and operated by Sunita Ram and Mohammad Salim Ibrahim, both individually and doing business as Sam's Market #8, a business located that the Property (“Sam's Market Defendants”), when he was struck by a vehicle that was backing out of the parking lot of the Property, driven by Michelle Williams (“Defendant Williams”). Plaintiff further alleges that the Ghanayem Trust Defendant and the Sam's Market Defendants were negligent in their design,...
2023.02.01 Demurrer 303
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ...plaint filed by Plaintiff Daniel Hester (“Plaintiff”). The demurrers to Plaintiff' first cause of action for negligence, fourth cause of action for vicarious liability for employees, and fifth cause of action for liability of government employees pursuant to Government Code section 840.2 are SUSTAINED without leave to amend. The demurrers to the second cause of action for dangerous condition of public property and third cause of action for no...
2023.02.01 Demurrer, Motion to Strike 368
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ...nt alleges that defendant John Randall Hayslip (“Hayslip”) was riding his bike when he suddenly turned directly into Plaintiff's path while she was riding on her Vespa. The collision caused her to fall from the Vespa and hit her head on the ground. As a result, she sustained serious injuries including traumatic brain injuries. With respect to Defendant, the complaint alleges that she negligently entrusted the bike with Hayslip despite knowing...
2023.02.01 Motion for Attorney Fees 003
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.01
Excerpt: ...ees and costs pursuant to Cal. Civ. Code (“CCP”) § 386.6 (s). The Motion is GRANTED, in the amount of $10,746.42. Cross‐Complainants also have filed a motion to set aside clerical error with a date already assigned to it. The form of this motion did not comply with Sonoma County Local Rule of Court 5.1 (C), and had attempted to assign the instant date to their motion filed in late December. Due to a clerical error on the part of the Clerk'...
2023.02.01 Petition to Compel Arbitration 428
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.01
Excerpt: ...iv. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on August 11, 2019. Plaintiff filed the instant suit on October 5, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Ryan Buoscio in Support, Exhibit C (the “Decemb...
2023.02.01 Motion for Leave to File Amended Complaint 877
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.02.01
Excerpt: ...mpose sanctions on Defendants/Cross‐Complainants pursuant to Code of Civil Procedure section 128.7, consisting of striking causes of action 1‐5 in the cross‐complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. This court denied the motion and also denied Defendants' request for sanctions. Motion Defendants move the court for leave to file a first amende...
2023.02.01 Motion for Attorney Fees 831
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.02.01
Excerpt: ...tar” fees as requested but a modifier of 1.4. The court will make a final determination as to the exact amount of fees once it has clarified and determined the amount to be subtracted from the total for the work on the appeals. Facts and History Petitioner seeks a writ of mandate setting aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non‐Industrial Timbe...
2023.02.01 Motion for Summary Judgment 033
Location: Sonoma
Judge: Honisberg, Christopher
Hearing Date: 2023.02.01
Excerpt: ...dication of each of Plaintiff's three causes of action alleged against them. In her opposition, Plaintiff has agreed to withdraw her First Cause of Action for Premises Liability on the theory of dangerous condition of public property and her Second Cause of Action for General Negligence. Plaintiff is only pursuing her Third Cause of Action for Breach of Mandatory Duty. Therefore, the motion for summary adjudication of the First and Second Causes ...
2023.02.01 Motion for Summary Judgment, Adjudication 522
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.02.01
Excerpt: ...d Fradelizio are the “Individual Plaintiffs”), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the busin...
2023.02.01 Motion to Compel Depositions, for Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.02.01
Excerpt: ...II pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community (“HSLC”) where Defendants allowed the wound to worsen, resulting ultimately in her death. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior Living Community (“Pacifica”) has been served with the summons and complaint or appeared in this action. Deposition On August 8, 2022, Plaintiffs served Defendants wi...
2023.02.01 Motion to Compel Further Answers 243
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.01
Excerpt: ...al assault of Plaintiff while undergoing a psychiatric hold (the “FAC”). This matter is on calendar for the motion by Universal to compel further answers to special interrogatories (SIs) against Plaintiff under Code of Civil Procedure (“CCP”) § 2030.300. The Motion is DENIED. 1. The Discovery Requests Universal served special interrogatories on Plaintiff on June 29, 2022. Plaintiff provided unverified responses with objections on August ...
2023.02.01 Motion to Compel Further Production, for Sanctions 202
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.01
Excerpt: ... and again on February 25, 2022. The Motion is GRANTED in part as to compelling production, DENIED as to the non‐monetary sanctions, and GRANTED as to monetary sanctions. The court orders Defendant and/or their counsel to pay sanctions in the amount of $2,730.00 within 30 days of the court's order. 1. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was err...
2023.02.01 Motion to Enter Judgment for Full Settlement Amount 384
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.02.01
Excerpt: ...tlement amount. The parties are ordered to APPEAR. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the se...
2023.02.01 Motion to Seal Certificates 762
Location: Sonoma
Judge: Honisberg, Christopher
Hearing Date: 2023.02.01
Excerpt: ...o believe Plaintiff was subject to the childhood sexual abuse alleged in the Complaint. The Court reviews the certificates of merit in camera to determine if there is a “reasonable and meritorious cause for the filing of the action” against each particular defendant, and if such finding is made, the duty to serve that defendant arises. (CCP § 340.1(i).) The fact that the certificates of merit are reviewed in camera before the complaint may b...
2023.02.01 Petition for Writ of Mandate 568
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.02.01
Excerpt: ... Care & Children's Health Initiative” (the “Initiative”) to submit signatures for qualification of the Initiative for the November 2024 election, and to allow the Registrar of Voters to accept and examine additional signatures, notwithstanding the requirements that all sections of initiative petitions be submitted to county officials at the same time and that no further action be taken on a petition that initially fails to qualify. Petition...
2023.01.25 Motion to Strike 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.01.25
Excerpt: ...n against Defendants Harold Petersen, Steven Petersen and Bethany Zoe (together “Defendants”) arising out of a right of first refusal in a lease agreement for real property located at 801 E. Washington Street, Petaluma (the “Property”). The Estate of Harriet Knott (the “Estate”), through its administrator Patrick Galligan (“Galligan”), filed a complaint against Plaintiff which has been consolidated into this case with a cause of a...
2023.01.25 Motion to Compel Further Responses 072
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.01.25
Excerpt: ...y to cure the defects, Defendant failed either to cure the defects or repurchase the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song ‐Beverly Consumer Warranty Act (“Song‐Beverly”) is at Civil Code (“CC”) section 1790, et seq. Discovery Plaintiff served Defendant with a First Set of Requests for Production of Documents (“RFPs”) on June 30, 2022 and Defendant served unverified ...
2023.01.25 Motion for Summary Judgment, Adjudication 741
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.01.25
Excerpt: ...dar for the motion by the Plaintiff for summary judgment and adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is CONTINUED to April 12, 2023, at 3:00 pm in Department 19. Defendant's cured Opposition papers shall be due by March 17, 2023. Plaintiff's updated Reply in Support, if any is necessary, shall be due March 30, 2023. 1. Evidentiary and Pleading Issues “The opposition papers...
2023.01.25 Motion for Summary Judgment, Adjudication 132
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.01.25
Excerpt: ...he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid‐19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and Notice At the last hearing, the only proof of service which Plaintiff filed was the one it filed at the same time as...
2023.01.25 Motion for Summary Judgment 448
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.01.25
Excerpt: ... July 8, 2022, Plaintiff's attorney substituted out of this action, leaving Plaintiff self‐represented. On January 6, 2023, this court granted the motion of Defendants Andrea van Voorhis and Barton White van Voorhis III (collectively, “the Voorhis Defendants”) to continue the trial in this action, continuing the trial to June 30, 2023. Motion The Voorhis Defendants move the court for summary judgment against Plaintiff's complaint on the bas...
2023.01.25 Motion for Summary Judgment 339
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.01.25
Excerpt: ...tal. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. Plaintiff had two skin grafts and a very painful debridement procedure to remove dead tissue, and she has significant permanent scarring over a wide area of her back. Paramedics and other emergency rescue personnel are entitled to the benefit of the general rule that, absent a special relationsh...
2023.01.25 Motion for Sanctions for Bad Faith Actions or Tactics 816
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.01.25
Excerpt: ...hat Andrew breached an agreement (“the Agreement”) requiring him to give Catarina a right of first refusal in any sale of Andrew's Property. Instead, she contends, Andrew entered into an agreement to sell Andrew's Property to KS. Andrew filed a cross‐complaint, subsequently amended, against Plaintiff seeking an accounting plus forfeiture and return of trust assets. After protracted litigation, the matter went to bench trial in March 2022, a...
2023.01.25 Motion for Reconsideration 884
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.01.25
Excerpt: ...he Property”) and that Defendant holds a deed of trust (“DOT”) on the Property securing a loan to Plaintiff (“the Loan”), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and other charges, and failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive r...

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