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898 Results

Location: Sonoma x
2021.02.24 Motion to Enforce Settlement 545
Location: Sonoma
Judge: Husing, Sylvia
Hearing Date: 2021.02.24
Excerpt: ...ual Defendants,” with the Association “Defendants”) for injunctive relief and for breach of fiduciary duty. This matter is on calendar for competing motions by Defendants and by Plaintiffs to enforce the parties' settlement pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6. Defendants move for an order entering judgment “in accordance with the parties' oral settlement agreement entered on the record February 7, 2020 [the ‘Oral Agree...
2021.02.24 Motion for Determination of Good Faith Settlement 722
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.02.24
Excerpt: ...of Plaintiffs' new single-family home on Plaintiff's property at 1974 Sobre Vista Rd., Sonoma, causing substantial defects and problems consisting of settlement, differential movement, distress to the structure, and resulting damages. It is contended that Defendant PJC negligently performed soils and geotechnical services, specifically investigating and reporting the soil condition and addressing the need to combat soil expansion; the plans calle...
2021.02.24 Demurrer 214
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.02.24
Excerpt: ...r proceed further with the sale. Plaintiff attaches a copy of the purported Agreement as Ex. A. to the FAC, referring to it also as a “memorandum of understanding.” This is called a “Sale/Purchase Agreement” and states that it is between Defendants as sellers and Plaintiff as buyer; Plaintiff agreed to pay a total of “90,000.00” in return for immediate possession, with the purchase price to be paid in specified installments upon Plain...
2021.02.24 Demurrer 399
Location: Sonoma
Judge: Husing, Sylvia
Hearing Date: 2021.02.24
Excerpt: ...ses of action for: 1) elder abuse (Cal. Welf. & Ins. Code (“W&IC”)) § 15600 et seq.; 2) negligence and negligence per se; 3) wrongful death; 4) intentional infliction of emotional distress; 5) suppression/nondisclosure of facts; 6) fraud- intentional misrepresentation; 7) fraud-negligent misrepresentation; and 8) constructive fraud. This matter is on calendar for Defendants' demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) §...
2021.02.24 Motion to Compel Responses 271
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.24
Excerpt: ...ocuments, set one and two. Defendants request sanctions in the amount of $5,610 for Plaintiffs' failure to provide any responses to the supplemental interrogatories or requests for production of documents. Plaintiffs having now provided responses, the motion to compel responses is moot. However, sanctions are awarded in Defendants' favor in the amount of $960. Additionally, the matter is CONTINUED to Friday, June 4, 2021, at 3:00 p.m., in Courtro...
2021.02.24 Demurrer, Motion to Strike 153
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2021.02.24
Excerpt: ...he Complaint In this lemon law action, Richard Bell (“Plaintiff”) purchased a new 2020 Chevrolet Silverado 1500 on or about January 31, 2020. (Complaint at ¶5.) Plaintiff alleges he has brought the vehicle in for servicing three times to address “defects, malfunctions, misadjustments, and/or nonconformities” with the vehicle, including “defects and malfunctions, specifically with check engine light, loss of power, transmission issues, ...
2021.02.24 Demurrer, Motion to Strike 907
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.24
Excerpt: ... tort and contract law and does not state facts sufficient to allege any exception to the prohibition on importing tort liability into contract actions. Defendant also moves to strike paragraphs 70 and 71 and the prayer, all seeking punitive damages, as the facts as alleged in the complaint fail to warrant the imposition of punitive damages. Last, Defendant seeks to strike the verification for failure to comply with CCP § 2015.5. John Geary was ...
2021.02.24 Demurrer 441
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.02.24
Excerpt: ...mpanied the sale by which Ford Motor Company undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or provide compensation if there was a failure in such utility or performance. (Id. at ¶9.) The Truck was delivered to Plaintiff with serious defects and nonconformities to the warranty and developed other serious defects and nonconformities to the warranty including, but not limited to a defective engine, transmission...
2021.02.24 Motion for Preliminary Injunction 477
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.24
Excerpt: ... the probability that the moving party will prevail on the merits and (2) the interim harm to the respective parties if an injunction is granted or denied. (Sahlolbei v. Providence Healthcare, Inc. (2003) 112 Cal.App.4th 1137, 1145.) The moving party must prevail on both factors to obtain an injunction. (Ibid.) 1. Probability of Success on the Merits Plaintiff's complaint alleges causes of action for (1) violation of California Usury Law; (2) Vio...
2021.02.24 Motion for Summary Adjudication 483
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.24
Excerpt: ...rnatively, Plaintiff moves for an order summarily adjudicating its second cause of action for an account stated. Plaintiff contends that its evidence establishes every element of each cause of action. This matter initially came on calendar on November 4, 2020, but was continued at the request of Defendant's counsel in order to provide further briefing and evidence. The motion for summary adjudication is DENIED. Plaintiff alleges that Defendant, o...
2021.02.24 Motion for Summary Adjudication 734
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.02.24
Excerpt: ...s, in breach of the Lease. Defendants, as Cross-Complainants, filed a cross-complaint against Plaintiff/Cross-Defendant for numerous alleged violations stemming from Plaintiff/Cross-Defendant's duties as owner and landlord of the Property. These include breach of the warranties of habitability and quiet enjoyment; nuisance; negligence; constructive eviction; violation of CC sections 1940.2, 1942.5, and 1950.5; intentional infliction of emotional ...
2021.02.24 Motion to Compel Further Responses 309
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.24
Excerpt: ...de further responses to Plaintiff's special interrogatories, set one, numbers 69-92, as well as further responses to Plaintiff's request for production of documents, set one, numbers 10-14, 19-27, 43, and 44, within 10 days of the service of this order. Sanctions are awarded in Plaintiff's favor as against Defendant and Defendant's counsel, Michael Smith, in the total amount of $3,370.00. Special Interrogatories This motion is brought pursuant to...
2021.02.24 Motion to Compel Further Responses 513
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2021.02.24
Excerpt: ...y from this notice once a hearing date is assigned…” (See, December 7, 2020 Notice of Motion.) The motion was set for February 24, 202, however, Respondent never filed a memorandum of points and authorities or a supporting declaration. It appears that Respondent has abandoned that “motion” though the Court received no notice of that fact. Subsequently, on January 25, 2021, Respondent filed an “amended” notice of motion for an order de...
2021.02.24 Motion to Compel Responses 022
Location: Sonoma
Judge: Husing, Sylvia
Hearing Date: 2021.02.24
Excerpt: ...ment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. A proof of service was filed and there is no Opposition. The Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. C...
2021.02.24 Motion for Sanctions 738
Location: Sonoma
Judge: Husing, Sylvia
Hearing Date: 2021.02.24
Excerpt: ...Court issued an Amended Order After Hearing granting in part and denying in part the motion to amend the judgment. The Court's May 14, 2020 Order directed Mr. Abel to take certain actions in connection with preparing the second amended judgment consistent with the Court's ruling, including entering his total damages (which amounts were to include both his own damages and the damages of other plaintiffs/judgment creditors who assigned their claims...
2021.02.19 Motion to Conduct Discovery of Peace Officer Records 755
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.19
Excerpt: ...erviews of Deputies Wenger and Jones referenced in IA 18-C-003” and the “disc of video showing the incident in a ‘clear, unobstructed point of view' as referenced in IA 18-C-0003.” The motion for an in- camera review of the video recordings is GRANTED. The custodian, the Sonoma County Sheriff's Office, is hereby ordered to appear with the recordings for an in- camera inspection. Evidence Code section 1043 requires a motion seeking peace o...
2021.02.19 Motion for Preliminary Approval of Class Action Settlement 929
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.19
Excerpt: ...500.00, finding it to be within the range of reasonableness for a settlement; (2) conditionally certify the class for settlement purposes as “all current or former non- exempt employees of Defendant in the State of California who were paid overtime wages during the period of April 1, 2019 through October 3, 2019” (“the Class”); (3) appoint Plaintiff Class Representative; (4) appoint Larry W. Lee, Kristen M. Agnew, and Nicholas Rosenthal o...
2021.02.19 Motion for Summary Adjudication 530
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.02.19
Excerpt: ... seq.)”; 2) Plaintiffs are entitled to judgment as a matter of law on Defendant's 48th affirmative defense of “Payment and Release”; 3) Plaintiffs are entitled to judgment as a matter of law on Defendant's 49th affirmative defense of “Receipt of all Sums and Benefits”; and 4) Plaintiffs are entitled to judgment as a matter of law on Defendant's 67th affirmative defense of “Accord and Satisfaction.” The “Defendant” to whom Plaint...
2021.02.19 Motion to Compel Further Responses 681
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.02.19
Excerpt: ...irement is to force the parties and their lawyers to reexamine their positions and to narrow their discovery disputes to the irreducible minimum before calling upon the court to resolve the matter. See, e.g. Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17 (meet and confer requirement is designed to encourage the parties to work out their differences informally so as to avoid the necessity of a formal order). “This, ...
2021.02.19 Petition for Relief from Provisions of Government Code 945.4 612
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2021.02.19
Excerpt: ...merely a procedural requirement,” but is a condition precedent to the claimant's ability to maintain an action against the public entity. (Shirk v. Vista Unified Sch. Dist. (2007) 42 Cal.4th 201, 209.) The Code states that “no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented…until a written claim therefor has been presented to the public entity and has been a...
2021.02.19 Motion to Confirm Arbitration Award 471
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2021.02.19
Excerpt: ...d potential delays at the trial and appellate levels, arbitral finality is a core component of the parties' agreement to submit to arbitration.” (Richey v. AutoNation, Inc. (2015) 60 Cal.4th 909, 916.) “[I]t is the general rule that parties to a private arbitration impliedly agree that the arbitrator's decision will be both binding and final” and thus they agree to bear the risk of an arbitrator's mistake “in return for a quick, inexpensi...
2021.02.19 Motion to Transfer Venue 334
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.02.19
Excerpt: ...atter is on calendar for the motion by Defendant to transfer venue pursuant to Cal. Code Civ. Proc. (“CCP”) § 397 on the grounds that Sonoma County is not the proper court, as pursuant to CCP §395.5 its principal place of business is in the County of San Luis Obispo, and because the Complaint “states no cause of action in the County of Sonoma and [Plaintiff] cannot amend the complaint to state a cause of action in Sonoma County.” Notice...
2021.02.19 Motions to Compel Responses 109
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2021.02.19
Excerpt: ...special and form interrogatories, requests for admissions, and requests for production of documents. County seeks sanctions in the amount of $966 against Trustee and $1,104 against Stavrinides. The motion to compel Stavrinides to provide a further response to County's form interrogatory number 17.2 is GRANTED. The motions are otherwise DENIED. Defendant Elias Stavrinides, individually, is ordered to provide a full and complete verified response, ...
2021.02.19 Petition to Compel Arbitration 536
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2021.02.19
Excerpt: ...ranted on February 10, 2021 and is apparently already set for arbitration with JAMS on March 1-3, 2021. This matter involves the Petitioner's representation of Respondent in the appellate portion of the dissolution matter, which is subject to a separate legal services agreement, also with an arbitration provision. The legal services agreement at issue here was effective May 5, 2013 and includes an arbitration provision which states in part that ...
2021.02.19 Demurrers 955
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2021.02.19
Excerpt: ...nant P.A. Schaefer Co., Inc.'s Cross- Complaint against HomeServices of America, Inc. dba Berkshire Hathaway HomeServices/Drysdale Properties and Dan Pearson (“Schaefer Cross-Complaint”); and (3) Defendant/Cross-Complainant Charles Scoble's Cross-Complaint against HomeServices of America, Inc. dba Berkshire Hathaway HomeServices/Drysdale Properties; Pearson Properties, Inc.; and Dan Pearson (“Scoble Cross-Complaint”). Defendants and Cross...

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