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2516 Results

Location: Sonoma x
2024.03.13 Petition for Writ of Mandate, Demurrer 798
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...ges in the Petition that he owns a timber harvest site in Sonoma County that burned in the Walbridge Fire. (Memorandum of Points and Au t h o r it ie s [“M P A”], 3 :2-5.) Bareilles filed a notice of Emergency Timber O p e r a t io n s w it h t h e Ca lif o r n ia D e p a rtment of Forestry and Fire Protection (“CAL FIRE”) and got approved to harvest timber in accordance with the “Categorical Waiver” and water control plan of the regi...
2024.03.13 Motion to Compel Further Responses 240
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...15 days of this order and to pay sanctions in the amount of $3,500 within 30 days of this order. 1. Form Interrogatory 17.1 and Requests for Admissions Plaintiff seeks to compel further responses to FROG No. 17.1 as to RFA Nos. 2 -5 , 9, 11 -12, 14, 17- 18, 26, 29-35, 46, 51, 53- 54, 62-65, 72, 74 -75, 77, 79 -81, 89 - 90, 94- 100, and 102 -104, and to Special Interrogatory Nos. 3, 6 -7, and 65. Th is m o t io n is b a s e d la r g e ly o n P la ...
2024.03.13 Motion to Compel Answers to Post-Judgment Discovery 226
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...pecial interrogatories (“SIs”) against 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 M o t io n 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 ...
2024.03.13 Motion for Undertaking Pending Appeal 721
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13
Excerpt: ...s e l shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As an initial matter, the Court notes that this matter previously came on for hearing in Department 19 and the Court issued a tentative ruling prior to the hearing which required the parties to submit further briefing on the applicability of CCP § 917.4. H owe ve r, prior t o t he he aring, t he Honorable Oscar A. Pardo recused from the m...
2024.03.13 Motion for Terminating Sanctions 245
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the e ffort s t o e nforce it . In re Ma rria ge of Nikla s (1989) 211 Cal.App.3d 28, 35- 36. A. Sa n c t io n s CCP § 2030.300(d), §2031.310(h); §2033.280(c) provides monetary sanction “shall” be imposed against the party l...
2024.03.13 Motion for Protective Order 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...t cont ains cause s of action for: 1) bre ach of e xpre ss warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Ac t ”) (a g a in s t M a n u f a c t u r e r ); 2 ) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). This matter is on calendar for the motion by Manufacturer for a protective order under Cal. Code Civ. Proc. (“CCP”) 2031.060. I. Governi...
2024.03.13 Motion for Leave to File Amended Complaint 409
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...idually and as Trustee of the 1998 Trust. The amendment would also add and delete various parag r a p h s , in c lu d in g a lle g a t io n s that Collision Center is an alter ego and successor in interest to defendant Auto Bo d y. The motion is GRANTED as to Fischers Collision Center, LLC and the new causes of action against it, and is DENIED as to Gertrude Reynaud and Simone Reynaud. Plaintiff seeks to include the landlord in this action due to...
2024.03.13 Demurrers 886
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13
Excerpt: ...H LEAVE TO AM EN D . Counsel for either defendant shall submit a written order consistent with this ruling and compliant w it h Ca lif o r n ia Ru le s o f Co u rt, rule 3.1312. I. Gove rning law A demurrer tests whether the complaint sufficiently states a valid cause of a c t io n . ( Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context, and are liberally construed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 31...
2024.03.13 Demurrer to TAC 909
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13
Excerpt: ...'s p le a d in g . P la in t if f h a s n o w sufficiently alleged each of the causes of action herein demurred to, adequately addressing each of the Court's concerns. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, S...
2024.03.13 Demurrer 357
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...0(f) for uncertainty and pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a caus e of action. The Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be grante...
2024.03.13 Motion to Vacate 424
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...t, and another and different judgment entered, for e it h e r o f t h e f o llo w in g c a u s e s , m a t e r ia lly a f f e c t in g t h e s u b s t a n t ia l r ig h t s o f t h e party and entitling the party to a different judgment: “1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and correc...
2024.03.06 Motion for Summary Judgment 120
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.06
Excerpt: ...rs and its customers' backpacks made it so that Razzak N a ji could not avoid the curb cut -out, which caused him to fall when he attempted to enter his legally parked vehicle in the parking lot of defendants' premises. The complaint alleges one cause of action for negligence and one cause o f a c t io n f o r p r e m is e s lia b ilit y . Plaintiff Razzak Naji passed away since the inception of this lawsuit. His widow, Maria Naji, is now the Pla...
2024.03.06 Demurrer to TAC 513
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.06
Excerpt: ...rder consistent with this tentative ruling and in compliance with Rule 3.1312. Scope of the Court's Leave to Amend the SAC Defendants argue that several of the causes of action alleged in the Third Amended Complaint exceed the scope of the leave to amend granted by the Court when the Court sustained the demurrer to the Second Amended Complaint. The Court does not agree. Though the Court sustained the demurrer to a number of the causes of action i...
2024.03.06 Motion for Interlocutory Judgment for Partition of Real Property 389
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.06
Excerpt: ...already h a v e t it le and their common title is divided among them. Partition does not create or convey new or additional interests. However, it does result in the common interest becoming separate individual rights of exclusive possession of some portion of the property or sal es proceeds. Partition is a matter of absolute right and in the absence of waiver or estoppel or other equitable defenses, each co -tenant in ownership has the right to ...
2024.03.06 Motion for Leave to File Complaint 585
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...remodel and renovation of property owned by Owners, for which project ACI was hired as the general contractor. (Motion, 2:2 -5 . ) AC I s o lic it e d r o o f in g w o r k f r o m P la in t if f St e r lin g Ro o f in g In c . (“St e r lin g ”) a n d O w n e r s selected and a pproved roofing materials to be installed at their home for the remodeling and renovation. ( Id . at 2:4-9.) After the completion of work, Sterling demanded additional ...
2024.03.06 Motion to Strike, Demurrer 320
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.06
Excerpt: ...ainst Plaintiff, Todd M. Roloff (“Roloff”), Scott A. Norgren (“Norgren”), and Suretec Insurance Company (“Suretec”, tog e t h e r w it h P la in t if f , Ro lo f f , a n d N o r g r e n , “Vanquish”). This matter is on calendar for Vanquish's motion to strike punitive damages and their demurrer to the second cause of action for fraud within the Cross -Co m p la in t pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 430.10(e) for f...
2024.03.06 Motion for Summary Judgment, Adjudication 151
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.06
Excerpt: ...NIED as to all other causes of action and issues. Defendants' request for judicial notice is GRAN TED . All o b je c t io n s a r e OVERRULED. Counsel for Defendant shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Un d e r ly in g Fa c t s : Defendant, North Bay Animal Shelter (“NBAS”), is a non- p r o f it a n im a l s h e lt e r under contract with the City of Petaluma to provide animal ...
2024.03.06 Motion for Summary Judgment, Adjudication 259
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...en the weather was rainy and muddy. (Motion, 3:3 -5 .) Th e h o rs e , Rush, bucked while Plaintiff was mounted upon him. Plaintiff argues Defendant Fricke, Plaintiff's trainer, ran up behind him which caused him to react and P la in t if f t o f a ll, w h ile D e f e n d a n t s c la im P la in t if f a lr e a d y f e ll o f f t h e h o r s e b e f o r e Defendant Fricke ran up to her. Be f o r e c o m m e n c in g r id in g le s s o n s , P la ...
2024.03.06 Motion to Quash Summons and Dismiss Case 184
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.06
Excerpt: ...le 3.1312. I. Background Plaintiff contracted with Defendant on July 26, 2022 to perform $111,450 worth of modifications on her 2022 Mercedes Sprinter van. Plaintiff brings the instant case alleging that Defendant breached the contract by failing to perform several agreed-upon se rvices and performing others unacceptably. Plaintiff also alleges that Defendant defrauded her when Defendant “made [her] sign a release that she inspected the work be...
2024.03.06 Motion to Require Security be Furnished as Vexatious Litigant 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.06
Excerpt: ...f e n d a n t s ”) and Does 1 -100. This matter is on calendar for the motion by Ledwith, Ishmael, Ch ild , SRAS, a n d SSM C (“ Moving Defendants”) to require Plaintiff to furnish security as a vexatious litigant under Code of Civil Procedure (“CCP”) § 391.1. The m o t io n is GRAN TED in p a r t . I. Underlying Procedural Facts On June 17, 2021, Plaintiff filed the original complaint in this action, along with a Request to File New L...
2024.03.06 Motion to Vacate Dismissal and Entered Judgment 622
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.06
Excerpt: ...ction against Morales to collect payment on credit card debt he owed. The parties entered into a Stipulation for Entry of Judgment and Settlement and Release and Dismissal (the “Stipulation”), according to which Morales agreed to pay Wells Fargo $10,774.29 to satisfy the debt. (Declaration of Mulhorn, Exhibit 1.) He agreed to make an initial payment of $1,114.29, followed by monthly payments of $420.00 until he satisfied the debt. (Motion, 3:...
2024.02.28 Motion to Enter Judgment 969
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28
Excerpt: ...ment in the case in the amount of $10,471.00, as Defendant has defaulted on the agreement. There is no opposition t o the motion. The Motion is GRAN TED . CCP § 6 6 4 .6 (a ) p r o v id e s : “If p a r t ie s t o p e n d in g lit ig a t io n s t ip u la t e , in a w r it in g 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 judg...
2024.02.28 Motion to Consolidate 940
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28
Excerpt: ...o lid a t e t h is c a s e w it h Scot t sda le insura nce Compa ny v. Nort h Ba y Pressure Wa shing, Inc. , SCV-273302, also pending in Department 19 (the “Associated Action”) pursuant to Cal. Code Civ. Proc. (“CCP”) §1048, for all purposes. The M o t io n is GRAN TED . The Associated Action is filed by plaintiff Scottsdale Insurance Company (“Consolidation Plaintiff”) against Defendant. Thereafter, in the Associated Action, ST Hosp...
2024.02.28 Motion to Compel Responses, for Sanctions 077
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...warded only as to the $60.00 filing fee. Defendants shall provide complete, objection -free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of e nt ry of orde r. Proce dural Hist ory Plaintiff propounded post -judgment written interrogatories and demands for production on Defendants and Defendants never responded, despite Plaintiff's efforts to meet and confer on the lack of response. Plaintiff...
2024.02.28 Motion to Compel Further Responses, for Sanctions 896
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.28
Excerpt: ...terrogatory Number 87 is DENIED. The City's motion as to Special Interrogatory Numbers 88 and 89 are GRANTED. Sanctions are denied. The City's motion to compel further responses to its Request for Production of Documents, Set Two, Request Numbers 44 through 46, and 48 through 50 is DENIED. Sanctions are granted against the City in the amount of $1,000. 1. Sp e c ia l In t e r r o g a t o r ie s On May 9, 2023, Defendant served its Form Interrogat...

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