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1749 Results

Location: Sonoma x
2022.10.05 Petition to Vacate Arbitration Award 641
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.10.05
Excerpt: ...Court granted the motion to quash because the Court determined that service was not properly effectuated through electronic means. The Court refers the parties to the Court's April 20, 2022 Minute Order. Petitioners argued at the time that the 100 day deadline for service set forth in CCP § 1288 had not yet passed because it had not begun to accrue. Petitioners argued this was because the arbitration award was served upon them electronically, no...
2022.10.05 Motion to Vacate Trial 125
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ...t a case management conference for September 20, 2022, at 3:00 p.m., in Department 16. Accordingly, this motion is MOOT. #2: Motion for Terminating Sanctions This matter is also on calendar for the motion of Defendants Sutter Bay Hospitals dba Sutter Santa Rosa Regional Hospital and Cristina Cuellar (“Defendants”) for an order for terminating sanctions and entering judgment by default against Plaintiff Dan Diaz (“Plaintiff”). The motion i...
2022.10.05 Motion to Strike or Tax Costs 887
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.10.05
Excerpt: ...valid. Plaintiff argues that the offer was invalid because a section 998 offer cannot include a requirement that Plaintiff indemnify and hold Defendant harmless against third party claims; rather, a section 998 offer must be unconditional. (MPA iso motion to strike/tax, p. 2.) This overstates the matter. In Valentino v. Elliott Sav-On Gas, Inc. (1988) 201 Cal.App.3d 692, cited by Plaintiff, the 998 offer required the plaintiff to release the defe...
2022.10.05 Motion to Enforce Written Settlement Agreement 769
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ... ICW and Defendant All-Terrane Excavating, Inc. entered into a written Settlement Agreement to resolve the issues raised in the complaint. Pursuant to the terms of the Settlement Agreement, it was agreed that commencing on September 15, 2021, Defendant would make to ICW, five (5) equal payments of $2,831.11 per month, and one final payment of $2,831.13, for a total of $16,986.68. All payments were due and were to be received by ICW on or before t...
2022.10.05 Motion to Compel Responses 392
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2022.10.05
Excerpt: ... of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for the motion by Defendant to compel responses to request for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) § 2033.280(b). I. Relevant Law Regarding RPODs, a demand for production may request access to “documents, tangible things, land or other property, and electronically stored information in the possession, custody, or cont...
2022.10.05 Motion to Compel Answers 159
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.10.05
Excerpt: ...l interrogatories (SIs) against Defendant under Code of Civil Procedure (“CCP”) § 2030.300 and to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310. Aguilera filed an opposition on September 29, 2022, only four court days prior to hearing. The opposition is untimely and is not considered. The Motion is DENIED. I. The Discovery Requests Stonecushion served Aguilera with SIs Set One and RPODs on December 8, 2021...
2022.10.05 Motion for Attorney Fees 167
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ...any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the i...
2022.10.05 Motion for Approval of Settlement Agreement 515
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.10.05
Excerpt: ...pay wages due at separation of employment. 1. PAGA standards Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Cal Labor Code section 2699(a).) 75 percent of any penalties recovered go to the Labor and Workforce Development Agency (“LWDA”), leaving the remaining 25 percent for the employees. (Id. at (i).) PAGA is inten...
2022.10.05 Motions to Compel Further Responses 416
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.10.05
Excerpt: ...rt's tentative ruling as he did not believe verifications would be provided prior to the hearing, but only that morning had received and provided the verifications to moving parties. He expressed uncertainty about whether he was required to request oral argument given that he had provided the verifications, but done so after the time to request oral argument had passed. He indicated he wished to argue the issue of sanctions. The Court concluded t...
2022.09.28 Motion for Attorney Fees 869
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.09.28
Excerpt: ...e set at premium 2022 local rates; (2) time spent on and costs relating to the “tree claims” were ordered excluded; (3) Defendant was ordered to submit an updated memorandum of costs which reflects deductions of the costs related to the tree claims and other costs conceded by Defendant as not recoverable; and (4) Costs for models, enlargements, and photocopies were ordered recoverable. The Court now issues the following ruling on the remainde...
2022.09.28 Demurrer, for Sanctions 587
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.28
Excerpt: ...r sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 in the amount of $50,000 for Plaintiffs' allegedly meritless demurrer to JRK's amended answer. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California. JRK Residential is a subsidi...
2022.09.28 Demurrer, Motion to Strike 145
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2022.09.28
Excerpt: ... (the “Cross-Complaint”). This matter is on calendar for the County's demurrer to the Cross 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 the County's motion to strike pursuant to CCP § 435 et seq. An amended answer was filed June 7, 2022 which appears to address the County's concerns regarding the lack of verification of answer. Therefore...
2022.09.28 Motion for Attorney Fees 044
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.09.28
Excerpt: ...g party entitled to have fee award offset by the amount already paid in settlement by the other parties]; Bravo v. City of Santa Maria (9th Cir. 2016) 810 F.3d 659, 667 [non-moving party entitled to an offset of costs to the extent that the litigation expenses have already been reimbursed].) Not doing so would result in an improper windfall for Defendant. (Corder, supra, at 839.) Accordingly, Defendant Landmark is ordered to submit to the Court, ...
2022.09.28 Motion for Leave to File Complaint 614
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2022.09.28
Excerpt: ...on by Defendant for leave of court to file a compulsory cross-complaint pursuant to CCP §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief (“Cross-Complaint”) for additional clarification as to the rights and responsibilities of the parties at issue in the Complaint. Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. Plaintiff and Defendant are both owners of the Property. C...
2022.09.28 Motion for Determination of Good Faith Settlement 994
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.09.28
Excerpt: ...l Holzman arising out of the alleged wrongful termination, Plaintiff further alleged that there existed between him and Defendants Hines, Harper, and MacKenzie a “side-agreement” in which the three defendants agreed to pay Plaintiff $300,000 if he were terminated without cause. Defendants Hines, Harper, an MacKenzie have now entered into an agreement with Plaintiff to pay Plaintiff $352,500 in exchange for release of all the claims against th...
2022.09.28 Motion to Compel Arbitration, to Stay Action 300
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.28
Excerpt: ...Dale decl., ¶1.) Due to his position with RAC, he has access to, and is familiar with, RAC's business records, including personnel records. (Id., ¶¶2, 4.) Mr. Dale states that Plaintiff was hired by RAC as a Customer Service Representative on February 4, 2016. (Id., ¶5.) He states: “As part of Plaintiff's onboarding process, Plaintiff reviewed and completed new hire documents using Taleo, RAC's online onboarding platform. As part of the onl...
2022.09.28 Motion to Quash Process and Set Aside Default 601
Location: Sonoma
Judge: Barry, William
Hearing Date: 2022.09.28
Excerpt: ...tian Bowie, a branch manager at Chase Bank in Plainfield, was served in person with the Complaint and a Summons on May 2, 2022. See Exhibits “A” (POS) and “E” (Summons) to the Hamilton Declaration. It does not appear that Plaintiffs have attempted to serve Chase bank in any other manner. Chase Bank did not file a response; its default was entered on June 24, 2022. Chase Bank has moved for an Order quashing the service on the grounds that ...
2022.09.28 Motion to Tax or Strike Costs 261
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2022.09.28
Excerpt: ...record. Facts and History Petitioner, an unincorporated association, brought a petition for writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. Petition...
2022.09.21 Petition to Compel Arbitration 574
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2022.09.21
Excerpt: ...GRANTED. I. Facts and Procedure This matter arises out of a credit line extended to Defendant by Plaintiff. As part of the cardmember agreement (see Defendant's Declaration in Support of Motion to Compel Arbitration, Exhibit 1 (“Defendant's Exhibit 1”), Plaintiff's Declaration in Support of Summary Judgment, Exhibit A [the “Cardmember Agreement”]), the parties have agreed to an arbitration provision. See Cardmember Agreement, pg. 6, (“A...
2022.09.21 Motion to Stay Action 833
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.21
Excerpt: ...ated, Defendant brandished a firearm at a third party driving a Honda Civic. Defendant allegedly drove his Chevy Silverado into the Honda Civic multiple times causing both vehicles to block southbound US-101 in a perpendicular position. At the same time, Plaintiff was driving her Hyundai Tucson southbound on US-101. She was unable to avoid the vehicles obstructing the highway and collied into them. She obtained serious injuries. Plaintiff's compl...
2022.09.21 Motion to Permit Complaint to be Amended 960
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.21
Excerpt: ...e complaint, which is GRANTED. Trial currently set for October 7, 2022, is hereby vacated. Discovery is reopened. The Court hereby sets this matter for a Case Management Conference on January 17, 2023, at 3:30 p.m., in Department 16. The Court will reset the matter for trial at that time. Plaintiff is ordered to file the proposed amended complaint within 10 days of this order. “The court may, in furtherance of justice, and on any terms as may b...
2022.09.21 Motion to Compel Arbitration 696
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.21
Excerpt: ...(3),(b),(d); and for breach of the implied warranty of merchantability based upon Plaintiff's purchase of a 2015 Ford F-350 vehicle. Pursuant to this motion, Ford argues that each of Plaintiff's claims are subject to mandatory arbitration pursuant to the Retail Installment Sale Contract (“RISC Agreement”) which states that all disputes between the parties are subject to arbitration under the Federal Arbitration Act (“FAA”). Under the FAA,...
2022.09.21 Motion for Terminating Sanctions 963
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2022.09.21
Excerpt: ...me”. Private Properties filed a cross-complaint against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascen...
2022.09.21 Motion for Final Approval of Class and Representative Action Settlement, for Attorney Fees 736
Location: Sonoma
Judge: Barry, William
Hearing Date: 2022.09.21
Excerpt: ...ff includes filed documents to be put in the record demonstrating compliance with this requirement. Whether Plaintiff files the documents prior to the hearing, or provides them at the hearing, however, Plaintiff must demonstrate to the court that LWDA notice has been satisfied. Should Plaintiff fail to cure this defect, the court will be required to continue the motion. Assuming the notice issue is satisfied, the court is inclined to approve the ...
2022.09.14 Motions to Compel Further Responses 077
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.09.14
Excerpt: ...ories, Set One, Numbers 2.3, 4.1, 12.1, 12.2, 12.4, and 17.1; Special Interrogatories, Set One, Numbers 3-17, and 19-45; and Request for Production of Documents, Set One, numbers 1, 3-8, and 10-34 is GRANTED. The motion is DENIED as to Plaintiffs' Request for Production of Documents numbers 2 and 9. Sanctions are awarded against Defendant and her counsel of record, Raymond N. Stella Erlach, in the amount of $2,000. The motion to compel defendant ...

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