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449 Results

Location: Sonoma x
2019.11.20 Demurrer 455
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.11.20
Excerpt: ......
2019.8.28 Demurrers 540
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.8.28
Excerpt: ... covenant of good faith and fair dealing, which the Court sustained with leave to amend, Plaintiffs filed the presently operative First Amended Complaint (“FAC”) against Fire Insurance Exchange (“FIE”), Farmers Insurance Company (“FIC”), and Brian Delaney (“Delaney”) with causes of action for: 1) breach of contract (against all Defendants); 2) breach of the covenant of good faith and fair dealing (against FIE and FIC); 3) insuranc...
2019.8.28 Motion to Compel Arbitration 208
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.8.28
Excerpt: ...edure section 1005, subdivision (c), and, was not received until August 19, 2019. Although Defendants contend that this reduced their time to respond, they do not contend that there was any specific prejudice and they go on to address the merits of the Opposition. The Court therefore DENIES the request to disregard the Opposition. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 (“In this case, as indicated, despite his claim of inadequate serv...
2019.8.28 Motion for Determination of Good Faith Judgment 607
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.8.28
Excerpt: ...anctions which had previously been ordered against Defendant. In exchange, Plaintiff agreed to release all claims under Code of Civil Procedure section 1542. The settlement was put on the record before the Court and all parties acknowledged their agreement to the terms. Thereafter however, Plaintiff refused to comply. Thus, on June 10, 2019, Defendant filed a motion to enforce the <004c005200510003001900 0044004c00510057004c[ff did not file a tim...
2019.8.28 Motion to Compel Responses to Post-Judgment Requests for Production of Docs, for Monetary Sanctions 455
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.8.28
Excerpt: ...f documents and post- judgment special interrogatories and for monetary sanctions. The Motion is GRANTED, except that as a pro per party, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the special interrogatories and request for production of documents on Judgment Debtors on January 30, 2019, and that despite making efforts to meet and confer, Judgment Debtors ...
2019.8.14 Motion to Compel Answers to Post Judgment Discovery, for Sanctions 617
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.8.14
Excerpt: ... on calendar for Judgment Creditor's motion to compel Defendant to respond to his post-judgment requests for production of documents (“RPODs”) and post- judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is granted, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. If a party to whom interrogatories were directed fails to serve a timely response, the respondin...
2019.7.31 Motion for Attorney's Fees 007
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.7.31
Excerpt: ...018 debtor's exam, and a civil bench warrant was issued on September 6, 2018 commanding her attendance on December 10, 2018. Although there was no proof of service on file, the minutes of the December 10 hearing reflect that Judgment Debtor made a late appearance and notified the clerk of potential bankruptcy proceedings, and that the matter was set for hearing on March 4, 2019. Another civil bench warrant was issued on February 6, 2019. The minu...
2019.7.17 Motion for Leave to File Amended Complaint, to Compel Further Responses, for Monetary Sanctions 935
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.7.17
Excerpt: ...v. Proc. (“CCP”) 473(a)(1). Plaintiff shall file and serve the [Proposed] Fourth Amended Complaint (Russo Decl. Ex. A) within five (5) days of entry of the order granting this Motion. Plaintiff's discovery motion is GRANTED in part and DENIED in part. The Notice of Motion states that it seeks to compel further responses to Plaintiff's first set of form interrogatories. The Separate Statement filed pursuant to Cal. R. Ct. 3.1345 makes clear th...
2019.7.17 Motion for Summary Judgment 747
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.7.17
Excerpt: ...ent pursuant to Cal. Code of Civ. Proc. (“CCP”) § 437c on the grounds that there is no triable issue of material fact and Plaintiff is entitled to judgment as a matter of law. The unopposed Motion is GRANTED. The elements of Plaintiff's cause of action for breach of contract are “(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintif...
2019.7.10 Motion for Preliminary Injunction 141
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.7.10
Excerpt: ...lly interfering with [Plaintiff's] ability to maintain its provisional manufacturing license and transitioning its temporary distribution and provisional manufacturing licenses to final;” (3) requiring Defendant “to submit the required Owner Information Form and Request for Live Scan (or in the alternative to resign as a director and shareholder of Plaintiff) so that Plaintiff <005200510003004f004c00 0003000b0017000c0003[requiring Defendant ...
2019.7.10 Motion for Judgment on the Pleadings 960
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.7.10
Excerpt: ...rald Aronow (“Aronow”). A cross-complaint was then directed at Wimmer/Emergent by Ryan F. Thomas (an individual) and Johnston/Thomas PC (a professional corporation). Wimmer/Emergent seeks judicial notice. The Court denies judicial notice as to 1 and 2. The Court grants judicial notice as to 3 and 4. The Court grants judicial notice of Thomas' No. 1. Aronow's request for judicial notice is granted as to request No. 4, and denied as to the bala...
2019.7.3 Motion for Attorney Fees 020
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.7.3
Excerpt: ...e to their experience and expertise in this area of law and that the settlement was an “excellent result.” In opposition, Defendant argues that this matter was a “routine lemon law matter” that does not merit the amount of fees sought by Plaintiff. Defendant argues that despite its routine nature, the matter took “twenty months” to resolve. Defendant notes that Plaintiff failed to counter the first § 998 offer, and only when a second...
2019.5.29 Motion to Compel Arbitration 746
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.5.29
Excerpt: ...ration Agreement was a product of fraud in the execution or inception. Defendants note that there are no allegations that Plaintiff “did not know what he was signing” or “thought he was signing <004a005800480003005700 004f0044004c00510057[iff is claiming fraud in the inducement—that this should be determined by the arbitrator and not the court. Plaintiff does not contest that he signed the arbitration agreement in Defendants' office. Plai...
2019.4.24 Demurrer 817
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.24
Excerpt: ... second, third, fourth and sixth causes of action on the grounds the claims are barred by the respective statutes of limitations. The parties appear to agree that the statute of limitations applicable to these causes of action is 3 years, except for the second cause of action which is five years from the act or transaction or 2 years after discovery. In order to get around the respective statutes of limitations, Plaintiff attempts to plead the di...
2019.4.24 Motion to Quash Amended Complaint, Demurrer 710
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.24
Excerpt: ...heets incurred permanent injuries as a result of the drug's “unreasonably dangerous and defective characteristics” and defendants' “failure to warn” potential users, including the U.S. Navy, of these known side effects. Ms. Sheets asserts a cause of action for loss of consortium based on allegations that she “has been, and will continue to be, deprived of the consortium, society, comfort, protection, and service” of Mr. Sheets. Plaint...
2019.4.17 Motion to Declare Vexatious Litigant 817
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...,000.00 cash deposited into court,” under Code of Civil Procedure section 391.1; and (3) that the Court enter a “pre-filing Order prohibiting the filing of any new litigation by [Plaintiff] against any Defendant(s) herein in propria persona without first obtaining leave of the presiding judge for the county in which the suit is to be filed” under Code of Civil Procedure section 391.7. Plaintiff has not filed an opposition to the motion. Def...
2019.4.17 Motion for Attorney Fees 877
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...costs related to the instant motion. The motion has not drawn opposition. A party who brings a successful motion to strike under CCP § 425.16 is entitled to attorney fees. (Ketchum v. Moses (2001) 24 Cal.4th 1122,1131; § 425.16(c).) Here it is undisputed that Medstar successfully brought an Anti-SLAPP motion against the Plaintiff's complaint. (See Medstar RJN.) Therefore, Medstar is entitled to its fees. “[T]he fee setting inquiry in Californ...
2019.4.17 Motion for Entry of Judgment 490
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...ith the Rinaldis at mediation, which was reduced to a signed writing. Ms. Mills contends that the settlement between her and the Rinaldis is enforceable, and precludes any further action, including the elder abuse claims against Ms. Mills, that have been recently raised in an amended petition field by the Rinaldis and Beneficiary Annette Van Lare. The Rinaldis oppose, arguing that the purported settlement is unenforceable and invalid. The Rinaldi...
2019.4.17 Motion for Summary Adjudication 916
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...ether Plaintiffs' September 20, 2018 appeal (and their September 21, 2018 Notice of Automatic Stay of ‘all trial court proceedings on the challenged claims') divests the Court of subject matter jurisdiction to rule on TWC's current motion for summary adjudication, in whole or in part.” The parties submitted their supplemental briefs on April 3, 2019. On the threshold issue of the Court's jurisdiction to hear this motion with the appeal pendin...
2019.1.30 Motion to Compel Further Responses 594
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.30
Excerpt: ...on by Defendant to compel further responses from Plaintiff to its requests for admission, requests for admission of genuineness of documents, form interrogatories, special interrogatories, and requests for production of documents, and for monetary sanctions. The unopposed Motion is GRANTED as set forth below. The Court finds that sanctions are warranted, but because the Motion was unopposed, the Court will award Defendant its attorneys' fees and ...
2019.1.30 Motion to Compel Deposition 700
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.30
Excerpt: ...ine” or attempting to litigate by “surprise” are not valid bases for refusing to comply with the deposition notices. While strategic considerations may have dictated Defendant's conduct, there was nothing improper about its decision to make a general appearance and serve deposition notices after it was served with Plaintiffs' written discovery. The Discovery Act explicitly allows a defendant to conduct any and all discovery as soon as it ap...
2019.1.29 Motion for Leave to File Amended Complaint 207
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.1.29
Excerpt: ...on will be decided at trial, not on a motion for leave to amend. Moreover, the Defendants have failed to demonstrate any prejudice by the proposed amendments. Plaintiff shall file and serve, either personally or by facsimile, the proposed complaint within three days of this hearing. The currently scheduled trial date is vacated. Appearances are required to address setting of trial. ...
2019.1.29 Motion to Interplead Funds, for Discharge of Liability, for Attorney Fees 607
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2019.1.29
Excerpt: ...he amount of $10,850 and costs in the amount of $90. Defendants Hot Socks and Haupt oppose, arguing that the Plaintiff should not be released from liability, nor awarded attorney fees. The Defendants argue that the Plaintiff breached her contract with the Defendants by making a payment to Defendant Thomas. The Defendants claim that the Plaintiff has improperly used this interpleader action, which has deprived them of timely payments. Further, the...
2019.1.25 Motion to Transfer Venue, for Sanctions 427
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.25
Excerpt: ... 2) intentional interference with contractual relations; and 3) misappropriation of trade secrets. In essence, the Complaint alleges that while employed by Plaintiff in positions of confidence, and using Plaintiff's resources, the Individual Defendants formed their own company, defendant HOA LLC, and solicited Plaintiff's clients in an effort to take them away from Plaintiff and to HOA LLC. This matter is on calendar for a motion by Defendants to...
2019.1.25 Motion for Final Approval of Class Action Settlement 350
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.25
Excerpt: ...rably” to the recovery by class members who are receiving “as much as $10,000 each.” Plaintiff argues that he worked “extensively” with class counsel over the course of five years, appeared for deposition twice, responded to numerous requests, searched for documents, and worked with class counsel on discovery and reviewing settlement documentation. He is providing a more comprehensive release than the class as a whole, and he put the in...

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