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1571 Results

Location: Sonoma x
2022.05.18 Petition for Stay and Leave to File Complaint in Intervention 956
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.05.18
Excerpt: ...nated representatives of the LWDA in their respective PAGA actions against the defendant in this matter, In-n-Out Burgers. Petitioners claim that because their claims against In-n-Out overlap with the claims of the Plaintiff in this matter, Ryan Accurso, intervention is necessary for them to protect the interests of the LWDA “against the threatened action of a rogue agent”; i.e. Plaintiff Accurso. (See Petitioners' amended memorandum, p. 1.) ...
2022.05.18 Motion for Reconsideration 892
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.18
Excerpt: ...fter orders to compel were entered pursuant to CCP § 2031.300. Plaintiffs move under CCP §1008, which reads in relevant part: (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, ...
2022.05.18 Motion to Void Judgment 077
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.18
Excerpt: ... Creditor”), who renewed it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Moving Defendant's motion to void the judgment as to himself due to fraudulent service. The Motion is GRANTED. Plaintiff filed a proof of service claiming that Moving Defendant was served on July 11, 2012 at 7 pm at 5240 Old Sonoma Road, Napa CA 94559. Request for Judicial Notice (“RFJN”), Exhibit B. Moving De...
2022.05.18 Motion for Judgment on the Pleadings 540
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.18
Excerpt: ...action for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) with the fifth through eighth causes of action for: 5) Com...
2022.05.18 Motion for Judgment on the Pleadings 840
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.18
Excerpt: ...l sign the proposed order. A motion by plaintiff can be made on the grounds that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (CCP § 438(c).) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice....
2022.05.18 Motion for Protective Order Prohibiting Additional Discovery 396
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.18
Excerpt: ...redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and after receiving public comments, Respondent on April 13, 2021 issued both its responses to comments and its notice that it approved the Project and the THP. Petitioner contends that Respondent failed...
2022.05.18 Motion to Appoint Receiver, for Preliminary Injunction 905
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.18
Excerpt: ...ry relief and alleging breach of contract and breach of fiduciary duty by Defendant Duggan and, as nominal defendants, the Partnership and Kelly Moffat (“Defendant Moffat”) (collectively “Defendants”). The Partnership was formed in November 1997 by the Agreement of Limited Partnership (“Agreement”). After the original co-General Partners passed away Defendant Duggan became General Partner, and the Limited Partners were Plaintiff, Defe...
2022.05.18 Motion to Compel Deposition 130
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.18
Excerpt: ...a, Defendant's Chairman and Director. Pursuant to the stipulation between the parties, this matter is CONTINUED to June 29, 2022, at 3:00 p.m., in Department 16. 2. Motion to Compel Compliance with Subpoena This matter is also on calendar for the motion of Defendants MBK Senior Living, LLC; MBK Real Estate, LLC; Muirwoods MSL, LLC; MSL Community Management LLC; MSL Holdings IX LLC; Muirwoods Memory Care; and Jamie Gralund (“Defendants”) for a...
2022.05.18 Motion to Compel IME 797
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.18
Excerpt: ...re (“CCP”) section 2032.250. Defendant Jenna Lynn Riley has filed a joinder to the motion. The motion to compel is GRANTED. The Court GRANTS Defendants' request for monetary sanctions in the amount of $1,060. Plaintiff shall pay $1,060 to Defendants Averbuck and Hale within 30 days' notice of this order. I. Underlying Facts Plaintiff have filed a complaint based on injuries allegedly sustained due to Defendants' automobile bike rack causing P...
2022.05.18 Motion to Compel Responses, for Sanctions 994
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.05.18
Excerpt: ...ion 1, Motion 2, and Motion 3, as well as additional matters on which the Court issued final rulings. This matter was continued to today's date for further ruling on unresolved issues. The Court issues the following additional final orders and continues this matter to June 15, 2022 at 3:00 p.m. to discuss any remaining unresolved matters, as well as the issue of sanctions. Motion 4: Plaintiff's Motion to Compel Defendant Acrisure's Responses to P...
2022.05.18 Motion to Quash Service of Summons, Set Aside Default, Judgment 902
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.18
Excerpt: ... Court's April 20, 2022 ruling provided: In order to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in or...
2022.05.11 Motion to Compel Further Responses 577
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.05.11
Excerpt: ...ar at the request of the moving party. The Motion to Compel Further Responses from American Home Assurance Company to Zurich's Request for Production of Documents, Set One is GRANTED. Facts Plaintiff complains that it provided liability insurance coverage for Wright Contracting, Inc. (“Wright”), a general contractor on a construction project for Lynmar Winery, LLC (“Lynmar”) at 3909 Frei Road, Sebastopol (“the Project”), Lynmar sued W...
2022.05.11 Demurrer 046
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.05.11
Excerpt: ... 20, 37, 39, 40. The demurrer is sustained, with leave to amend, as to all other defenses. Benchmark has leave to amend within 10 days of the service of the notice of entry of this order. Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiff complains that she entered into contacts with Defendants The Kohan Group, Inc. (“Kohan”) and Barber Construction, Inc. (...
2022.05.11 Demurrer 278
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.11
Excerpt: ... of action. Cal. Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is SUSTAINED WITH LEAVE TO AMEND. I. Legal Standard 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 granted where the complaint's defect can be cured by amendment. The Swahn ...
2022.05.11 Motion for Leave to Set Aside Dismissal 973
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.11
Excerpt: ...rial resetting. I. Procedural History Plaintiff filed a notice of conditional settlement on November 15, 2021, purporting to settle the case. The parties appeared for trial on November 17, 2021. At the trial, the parties agreed to continue the matter, but Defendant voiced that he was withdrawing from the settlement because he could not make the required payments. The Court continued the matter to February 16, 2022, for the parties to confer as to...
2022.05.11 Motion to Allow Service by Publication 454
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.11
Excerpt: ...pon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: [¶] (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.” If the Court orders summons to be published, it must be published in the newspaper ...
2022.05.11 Motion to Appoint Receiver 552
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.11
Excerpt: ...ion to appoint a receiver, namely Michael Brewer, to seize and sell liquor license number 581854 to satisfy the Judgment. Appointment of a receiver is generally controlled by CCP §§ 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under C...
2022.05.11 Motion to Strike Cross-Complaint 031
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.05.11
Excerpt: ... in real estate and agreed to purchase together real property at 473 Church St., Sonoma (“the Sonoma Property”) with plaintiff starting at 33% interest on an agreement that his interest would be increased to 50%, but Defendant has failed to fulfill her obligations as promised. He claims that Defendant refinanced the Sonoma Property but failed to increase Plaintiff's interest as promised and instead took the money for herself, breaching their ...
2022.05.11 Motion to Compel Further Responses 703
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.11
Excerpt: ...nd failed to engage in the interactive process. On April 20, 2022, Michael Miller was appointed as a discovery facilitator in this case. He participated in a conference with the parties and has filed his report. The Court thanks Mr. Miller for his service. The motion is GRANTED. Within 15 days of the service of this order, Defendant is ordered to provide the name, position, and date of hire of all employees Defendant hired, reassigned, and/or pro...
2022.05.11 Motion to Compel Further Responses 868
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.05.11
Excerpt: ... order, without any further objections. Defendants Darin Shropshire and Toe-Hold Land Company are ordered jointly and severally to pay Plaintiff $2,397.00 in monetary sanctions within 30 days of service of notice of entry of an order. Since the proposed order submitted by Plaintiff is not entirely in conformity with the Court's ruling, Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling. In light of...
2022.05.11 Motion to Compel IME 540
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.11
Excerpt: ...on. AFS is ordered in any future filings in this case to redact Plaintiffs' names and personal information. The Court hereby orders Exhibits 1 through 3 to the declaration of Peter F. Finn to be placed under seal. Any party may obtain discovery, subject to the condition in controversy rule, by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the lega...
2022.05.11 Motion to Compel Responses, for Sanctions 434
Location: Sonoma
Judge: Wick, Arthur A
Hearing Date: 2022.05.11
Excerpt: .... On February 18, 2022, Defendant filed two separate, but substantively identical, Motions to Compel and Request for Sanctions against Plaintiffs. Defendant provides the declaration of her attorney Ken Jorgensen and attached exhibits in support of the motions. In attorney Jorgensen's declaration, he states on November 1, 2021, his office propounded to Plaintiffs, by mail, Form Interrogatories, Special Interrogatories and a Request for Production ...
2022.05.11 Motion to Permanently Seal Records 944
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.05.11
Excerpt: ...rmers Insurance Group (“Farmers”) and insurance agent Brian Hunsaker (“Hunsaker”) breached their duties by failing to provide him with adequate insurance coverage for his real property and home (“the Property”) so that after the Tubbs Fire (“the Fire”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy...
2022.05.11 Petition to Compel Arbitration and Stay Proceedings 477
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.05.11
Excerpt: ...ceedings, seeking to enforce the Arbitration provision included in the employment offer letter sent to, and signed by Plaintiff. The letter was also signed by the General Manager of Defendant Leisure Care. Plaintiff claims that the arbitration clause of the offer letter is procedurally and substantively unconscionable. However, the Court finds that the Arbitration clause is enforceable and Defendants' petition should be granted. “The party seek...
2022.05.04 OSC Re Contempt and for Sanctions 741
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.05.04
Excerpt: ...nd production. The court also GRANTS the motion with respect to the request for an order to show cause and hearing re: contempt. The court sets the hearing on the order to show cause for June 15, 2022 in this department. Finally, the court notes that Plaintiff does not discuss monetary sanctions under the Discovery Act in the Notice of Motion, Motion, or Memorandum of Points and Authorities. Plaintiff does discuss and request monetary sanctions b...

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