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2528 Results

Location: Sonoma x
2024.03.27 Petition to Compel Arbitration 794
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.27
Excerpt: ... a r b it r a t io n . P RO CED URAL H ISTO RY Plaintiff Robert Kourik brought this action against Kaiser and other defendants for medical malpractice after he ended up having severe functional issues, nerve damage, and chronic following a shoulder surgery. Plaintiff was enrolled as a “Senior Advantage ” member of Kaiser for Medicare healthcare benefits. The agreement for Senior Advantage membership included an arbitration provision. The prov...
2024.03.27 Motion for Preliminary Injunction 302
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...quently repossessed by defendant. The complaint alleges that defendant w r o n g f u lly r e p o s sessed the vehicle and failed to comply with vehicle repossession la w s . The complaint further alleges that defendant has unlawfully refused to release the vehicle back to plaintiff. The complaint requests a preliminary injunction ordering defendant to: (1) not engage in any further attempts to repossess the vehicle; (2) release the vehicle to pla...
2024.03.27 Motion for Discovery of Financial Condition 825
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...cted with malice, fraud, or oppression. I. P la in t if f 's r e q u e s t s f o r ju d ic ia l n o t ic e Plaintiff's request for judicial notice of the IRS “Ministers' Compensation & Housing Allowance” web page is granted pursuant to Evid. Code § 452(c). Plaintiff's request for judicial notice of the transcript of John Bucher's interview on January 9, 2020 (mistakenly designated “January 9, 2022”) is denied. P la in t if f 's statement...
2024.03.27 Motion for Leave to Amend Complaint 508
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...“Defendant”) request for judicial notice is GRAN TED , per Evidence Code section 452(d). FACTS & P RO CED URE Plaintiff claims discrimination, retaliation, and violations by Defendant under the Fa ir Em p lo y m e n t a n d H o u s in g Ac t (“FEH A”) in t h e c o m p la in t . D u r in g P la in t if f 's deposition, Plaintiff's counsel noticed the word “age” was inadvertently left out of the complaint regarding the cause of action f...
2024.03.27 Motion for Leave to Amend Complaint 839
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...tember 30, 2022. She alleges that David caused the accident b y in t e n t io n a lly and knowingly operating a motor vehicle while under the influence of drugs and crossing over a double yellow line into oncoming traffic and into the path of Plaintiff's vehicle. She further alleges that David was at the time acting within the scope of hi s employment with, and as agent of, Defendants D a v e S o ila n d C o m p a n y (“D S C ”) a n d N o r c...
2024.03.27 Motion to Set Aside and Vacate Dismissal, for Entry of Judgment Pursuant to Stipulation 397
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...'s fees for this motion. As e xp la in e d b e lo w , because Plaintiff is entitled to attorney's fees for this motion pursuant to the Stipulation, and because Plaintiff clearly requested them in the moving papers, the court wi ll award such fees to Plaintiff absent an objection or explanation persuading the court why it should not do so. However, because Plaintiff has failed to provide any evidence whatsoever for the much larger amount claimed, ...
2024.03.27 Motion for Summary Judgment 469
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.27
Excerpt: ...g forth plainly and concisely a ll m a t e r ia l f a c t s that the moving party contends are undisputed.” (Emphasis added.) “The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” ( Ib id .) Defendants' separate statement makes no mention of the Collective Bargaining Agreement (CBA) between Brendon Barraclough and the Iron Workers Union ...
2024.03.27 Motion to Enforce Settlement Agreement 842
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.27
Excerpt: ...ves. Defendant argues this even though the request for dismissal specifically states, “The Court shall retain jurisdiction over the Parties, pursuant to Code of Civil Procedure section 664.6, to enforce the Settlement Agreement until performance in full of the terms therein. Any and all terms of the Settlement Agreement may be e nforce d pursuant to a motion brought under Code of Civil Procedure section 664.6, and the Court may retain jurisdict...
2024.03.27 Motion for Summary Judgment 818
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...nst DOE defendants. The complaint alleges causes of action for general negligence and strict liability pursuant to Civil Code section 3342(a). The complaint alleges that on September 11, 2019, Garretson was employed at PetSmart, Inc. as a pet groomer. Garretson alleges that she was bitten by a dog owned by DOE defendants. On August 24, 2021, Garretson substituted Murillo as DOE 1. Murillo owns a Husky named Ta h o e . 1. Assumption of the Risk Se...
2024.03.27 Motion to Dismiss on Grounds of Forum Non Conveniens 638
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27
Excerpt: ...A”) and violations of the Song -Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”). This matter is on cale ndar for Defendants' motion on the basis of forum non conveniens. The motion is DENIED. I. Go ve r n in g Au t h o r it ie s A. Forum Non -Conveniens Eve n if a court has subje ct matt e r and pe rsonal jurisdict ion, it may st ay or dismiss an action on the grounds that the court is an inconvenient forum. CCP § 418....
2024.03.27 Motion to Compel Further Responses 479
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27
Excerpt: ...�SIs”) and requests for admission (“RFAs”) pursuant to CCP §2033.290(d) (relating to requests for admission) and CCP § 2030.300(d) (relating to interrogatories) and for monetary sanctions. The motion is GRANTED. I. Legal Authority Regarding the FIs and SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and...
2024.03.20 Motion to Set Aside and Vacate Stipulated Judgment 445
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.20
Excerpt: ...3. Judgment was entered that day. Plaintiff argues that he agreed to the stipulated judgment without having be en given correct information from the Defendant. Defendant's owner, Jorge Fernandez (“Fernandez”), disclosed that he had a $500,000 insurance policy with Mercury and stated that he did not know of any other in s u r a n c e p o lic y t h a t m ig h t p o t e n t ia lly c o v e r t h e incident in this case. However, Defendant actuall...
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 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 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 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 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 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 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 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 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...
2024.03.13 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 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...
2024.03.06 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 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 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 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:...
2024.03.06 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 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...
2024.02.28 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...
2024.02.28 Motion for Summary Judgment 200
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.28
Excerpt: ...otion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The applicatio n to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the da...
2024.02.28 Motion for Summary Judgment 104
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...Afterwards she filed her complaint in this matter seeking damages from Walmart for negligence and p r e m is e s lia b ilit y. ( Ib id .) Walmart has moved for summary judgment as to these causes of action and Plaintiff has opposed. AN ALYSIS Legal Standard Motion for Summary Judgment Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled t...
2024.02.28 Motion for Summary Adjudication 023
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.28
Excerpt: ...of action. Th e m o t io n is GRAN TED . 1. Co m p la in t P la in t if f 's c o m p la in t a lle g e s it is t h e o w n e r o f r e a l p r o p e r t y lo c a t e d a t 2 3 2 5 0 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Property alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escr...
2024.02.28 Demurrer, Motion to Strike 658
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.28
Excerpt: ...ilding, grading, and zoning code violations related to unpermitted greenhouses, solar arrays and cannabis cultivation on their property. (See Complaint, 1:19- 27.) In the Defendants' amended answer, they plead various affirmative defenses and they denied or admitted each allegation in the complaint or otherwise stated they did not have enough information to admit or deny it, so denied it. (See g enerally, Amended Answer.) Finding issue with the A...
2024.02.28 Motion to Compel Further Production 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.28
Excerpt: ...ess warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Manufacturer); 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 Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection served to Manufacturer (the “RPODs”). Th...
2024.02.23 Motion for Summary Judgment 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ... trustee's sale following a foreclosure. Whether or not they actually did is the underlying issue in this motion. CATAM O U N T brought the underlying unlawful detainer (“UD”) action, MCV -262009, after serving proper notice, on May 26, 2023. ISAACS answered on June 22, alleging affirmative defenses based on violations of Civil Code §§ 2923.55 and 2923.7, two statutes that are part of the Homeowner Bill of Rig h t s (“H BO R”). On Augus...
2024.02.23 Demurrer 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...y s is : This Court previously sustained a demurrer to Plaintiff's Complaint on the basis that Plaintiff had failed to allege the existence of a contract between the parties. Thus, Plaintiff's breach of contract and derivative causes of action against Defendants failed. The Complaint had included several fragmentary quotations from correspondence between the parties which purportedly contained the offer, acceptance, and terms of the alleged contr...
2024.02.23 Demurrer, Motion to Strike 657
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...ned by BOWIE. J O H N liv e s o n t h e p r o p e r t y ; BO W IE liv e s in Au st r a lia . (Individual defendants are referred to by their first names for clarity, as they have the same surname. No disrespect is intended.) Plaintiff filed the instant lawsuit on July 7, 2023. On September 27, Defendants' counsel sent a pleading captioned “Answer to Complaint of the County of Sonoma,” which purported to answer for both Defendants to counsel f...
2024.02.23 Motion for Approval of Class Action and PAGA Settlements 148
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...tices; 4. Appointing Plaintiffs as Class Representatives for settlement purposes; 5. Appointing Plaintiffs' Counsel, Justin F. Marquez and Benjamin H. Haber of Wilshire Law Firm, PLC, as Class Counsel for settlement purposes; 6. Ap p o in t in g Sim p lu r is Cla s s Ac t io n Se t t le m e n t Ad m in is t r a t io n a s t h e Settlement Administrator; and 7. Scheduling a Final Approval Hearing. P r e lim in a r y a p p r o v a l is GRAN TED . T...
2024.02.23 Motion for Entry of Judgment 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...Zoe moved for summary judgment on claims brought against her in the cross -c o m p la in t . ( Id . a t 2 :2 -12.) This Court issued an order after hearing on the motion granting Zoe's motion for summary adjudication (the “Order”) because Cross -Complainants lacked essential elements to all of the causes of action as to Zoe. (See generally, Orde r Aft e r He a ring on Cross-Defendant Bethany Zoe's Motion for Summary Adjudication of the Cross ...
2024.02.23 Motion for Leave to File Complaint 239
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...allege that, after telling Plaintiffs that they intended only to remove a single tree that was leaning over Swallows Road, a private way, Defendants trespassed on Plaintiffs' property, excavated a cut in P la in t if f s ' h ills id e , e lim in a t e d a d r a in a g e d it c h , in s t a lle d a b u r ie d c u lv e r t d u m p in g w a t e r into a seasonal creek above Plaintiffs' home, cut down Plaintiffs' trees and vegetation, and dumped rock...
2024.02.23 Motion for Summary Judgment 916
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.23
Excerpt: ...'s Medi -Ca l P r o v id e r Ag r e e m e n t (M P A), in c lu d in g amounts owed in accordance with applicable federal and California statutes and regulations, and rules and policies of DHCS governing the California Public Hospital Redesign and Incentives in Medi -Ca l (P RIM E) P r o g r a m . Th e m o t io n is GRAN TED . In this action, DHCS challenges Defendants' receipt of federal PRIME Program funds for Demonstration Mid -Year 14 (January...
2024.02.23 Motion for Summary Judgment, for Attorney Fees 871
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ...ted Material Fact “UMF,” 1.) On January 1, 2023, Defendant defaulted on the terms and conditions of the Contract by failing to make all of the required installment payments when due. Following the default of the Defendant in making the required payments, Plaintiff declared the entire unpaid principal balance immediately due and payable, pursuant to its option to do so as set for th in the Contract. (UMF, 2.) As a result of the default describ...
2024.02.23 Motion to Compel Further Responses 884
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: ... p p o s it io n Plaintiff's opposition to this motion was filed three court days late. Nonetheless, the Court exercises its discretion to consider the late -filed opposition because the hearing on this motion was advanced by the Court and because Defendant would not be pre judiced by the Court considering the opposition since Defendant was a b le t o f ile a t im e ly r e p ly . An a ly s is : I. Plaintiff's Response to Defendant's Special Inter...
2024.02.23 Motion to Compel Responses, for Sanctions 667
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...d motor vehicle negligence after she was injured in a motor vehicle collision between her vehicle/ trailer and another vehicle. (Motion, 1:26 -28, 2:1- 3.) Sonoma propounded set one of form int errogatories and requests for production on Jones, but she has failed to ever respond despite Sonoma's meet and confer efforts regarding the discovery requests. ( Id . at 3:7-28, 4:1- 11.) Jones' counsel was relieved as counsel because there was a breakdow...
2024.02.23 Motion to Enforce Alleged Oral Agreement 054
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.23
Excerpt: .... P la in t if f s h a ll f ile the First Amended Complaint attached to counsel's declaration within five days of entry of the order on this motion. P la in t if f s h a ll s u b m it a w r it t e n o r d e r t o t h e Court consistent with this ruling in compliance with Rule of Court 3.1312. I. Background In March 1997, Plaintiff agreed to assist Defendant in purchasing a house on 21st Avenue in San Francisco (the “21st Avenue Property”) whe...
2024.02.23 Special Motion to Strike 887
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.23
Excerpt: ...s action arose from a contract for purchase and sale of real property between the Wights and the Richardsons. (Cross -Co m p la in t , ¶ 1 0 .) The Wights claim the Richardsons misrepresented the details of the metes and bounds of the property sold. ( Ib id .) The Richardsons claim that they advised the Wights of errors in the legal description after the sale and applied to the Sonoma County Permit & Resource Management Department to correct the...
2024.02.23 Special Motion to Strike, Demurrer 155
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.23
Excerpt: ...ny (“Amerihome”), BW Re a l Es t a t e (“BW ”), W e s t e r n Allia n c e Bank (“Western”, together with Amerihome and BW, “Additional Cross-Defendants”) and Roes 1 -10. Thereafter, Plaintiff dismissed the FAC. There are two matters on calendar covered in this ruling. First, is Plaintiff's special motion to strike (“Anti -SLAPP motion”) brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16 to strike the First, Second,...
2024.02.16 Demurrers, Motion to Strike 060
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.16
Excerpt: ...nd Does 1 -50 arising out of alleged misconduct in representing Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of contract; 2) negligence; 3) negligent misrepresentation; 4) fraud; 5) failure to disclose; 6) violations of Business and Professions Code § 17200 (“UCL Claim”); 7) rescission; and 8) b r e a c h o f f id u c ia r y d u t y . This matter is on calendar for Buye...
2024.02.16 Demurrers, Motion to Strike 688
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.16
Excerpt: ...D. Cross -Co m p la in a n t Th o m a s Ke lly , III (hereafter, “Thomas”)'s objection to John's oversized opening brief is SUSTAINED. While John's opening brief is only one page over the limit of the Ru le s o f Court, there is a pattern of John filing oversized briefs without first obtaining leave of Court. Thus, the Court exercises its discretion not to consider the last page of John's opening brief. Thomas's request for judicial notice is...
2024.02.16 Motion for Attorney Fees 325
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...��P la in t if f ”) b r o u g h t t h is a c t io n a g a in s t Defendant for violations of Sonoma County Municipal Code Chapter 13 Section 1, private nuisance, and public nuisance, after Defendant cleared a certain number of dead and dyi ng trees that had been burned during the Tubbs fire through Defendant's lands pursuant to the directions from California's Department of Forestry and local officials. (Motion, 2:15 -2 4 .) Ultimately, without...
2024.02.16 Motion for Change of Venue 782
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.16
Excerpt: ...in Napa County. Defendants have not yet answered, or appeared in this action in any way. On October 31, 2023, Plaintiffs filed the instant motion for venue change, averring that “This suit was inadvertently and erroneously filed in Sonoma County Superior Court.” II. Napa County is the appropriate venue for this lawsuit “[I]f a defendant has contracted to perform an obligation in a particular county, the superior court in the county where th...
2024.02.16 Motion for Prejudgment Interest 840
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...M o t io n , 2 : 5 -10.) The jury also awarded attorney's fees plus prejudgment interest an d punitive damages. ( Id . at 2:11-1 6 .) P la in t if f n o w seeks prejudgment interest per Civil Code 3287(a) for the total amount of $666,075.01 against Defendant. ( Id . at 2:17-18.) EVID EN TIARY O BJ ECTIO N S “All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion....
2024.02.16 Motion for Preliminary Approval of Joint Stipulation of Class Action and PAGA Settlement 089
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.16
Excerpt: ...class representative; appointing Matern Law Group, PC as Class Counsel; appointing Phoenix Class Ac t io n Ad m in is t r a t io n So lu t io n s a s t h e settlement administrator; directing Defendants to furnish certain information about proposed class members; and scheduling the final approval hearing. Th e hearing is CONTINUED to May 8, 2024, at 3:00 p.m., in Department 16, to allow Plaintiff to address the issues raised below. “A trial cou...
2024.02.16 Motion for Relief from Dismissal 317
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...e was a minor. (Motion, 1:21-25. ) After Defendant Roman Catholic Bishop of Santa Rosa filed for bankruptcy protection, a case management conference was set in this matter for June 1, 2023, which Plaintiff failed to appear at because Plaintiff's counsel failed to calendar the hearing. ( Id . at 1:26- 28, 2:1-2.) The Court set an Order to Show Cause hearing for July 13, 2023, for which Plaintiff's counsel filed a case management statement, but fai...
2024.02.16 Motion for Summary Adjudication 023
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.16
Excerpt: ...n. Th e m o t io n is D EN IED . 1. Co m p la in t Plaintiff's complaint alleges it is the owner of real property located at 23250 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Prope rty alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escrow closed on March 31, 2021. On May 7, 2021, Arthu...
2024.02.16 Motion to Allow Discovery of Psychiatric Records 838
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.16
Excerpt: ... Evide nt iary and Proce dural Issue s The Court notes that Defendant's reply is over length, presenting 12 pages of substantive argument, where the page limit for replies is 10 pages. Cal. Rule of Court Rule 3.1113(d). The Court, on its own motion, strikes pages 12 -1 3 fo r f a ilin g t o c o m p ly w it h the Rules of Court. II. Procedural Hist ory Plaintiff brought this action against Defendant on or about August 5, 2020, alleging she suffere...
2024.02.16 Motion to Compel Deposition of PMQ and Custodian of Records 072
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.16
Excerpt: ...fects and nonconformities to warranty regarding Plaintiff's 2019 Chevrolet Silverado 1500 (“Subject Vehicle”). (Motion, 3:2- 1 3 . ) Plaintiff served GM with a notice of deposition of its PMQ with a demand for document production. ( Id . at 3:14-22.) The topics for examination included: (1) G M 's p r e -lit ig a t io n a n a ly s is a s t o w h e t h e r t h e 2 0 1 9 Ch e v r o le t Silv e r a d o 1 5 0 0 should be repurchased; (2) all repa...
2024.02.16 Motion to Compel Further Responses, for Sanctions 180
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.16
Excerpt: ...een subjected to. Plaintiff objected to these requests based upon CCP section 2017.220. CCP section 2017.220(a) provides: “In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff's sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for t hat dis covery, and t...
2024.02.16 Motion to Vacate Default Judgment 963
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.16
Excerpt: ...Plaintiff Jim Shelton (“Plaintiff”) on October 14, 2021, alleging unlawful detainer of property located at 935 C McConnell Avenue in Santa Rosa. On March 22, 2022, Long filed a demurrer to the complaint. The hearing on the demurrer was continued from April 5, 2022, to April 12, 2022, to a llo w P la in t if f 's t h e n -counsel to obtain a copy of the demurrer. However, on April 7 , 2 0 2 2 , P la in t if f f ile d a f ir s t a m e n d e d c...
2024.02.16 Motion to Vacate Judgment 091
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.16
Excerpt: ...l to be entered correcting these two errors. The court in all other respects DENIES the motio n . Fact s and Hist ory Plaintiffs obtained a verdict against Defendant Martin Reilley (“Martin”) for various claims of fraud and negligent misrepresentation after a trial which ended in March 2005. Judgment was entered in favor of Plaintiffs against Martin. Th e surviving co urt records show a judgment in Plaintiffs' favor of $621,336.26. Se e Judgm...
2024.02.07 Demurrer 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.07
Excerpt: ...iginal beneficiary of the Deed of Trust (DOT) for this property, Defendant Deutsche Bank National Trust Company (Deutsche) is the current beneficiary of the DOT, Defendant Nationstar Mortgage LLC dba Mr. Cooper (Mr. Cooper) is the servicer of the loan secured by the DOT, and Defendant The Mortgage Law Firm, PLC is the Trustee of the DOT. After Plaintiff's wife passed away, Plaintiff's daughter began managing Plaintiff's financial matters. After r...
2024.02.07 Motion for Summary Adjudication 614
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...2 and 2572 ½ Bodega Avenue, Petaluma, California (APN 021-041- 025) (the “Subject Property”). (Undisputed Material Fact [“UMF”], ¶ 1.) The parties dispute the size of the Subject Property. Mendonca says it is ½ acre. Linsenmeyer claims it is larger. Both agree it is improved by a main residence and accessory dwelling unit (“Unit 2572 ½”). (Ibid.) The parties inherited the Subject Property from Mendonca's father Johnnie Lear (“Le...
2024.02.07 Motion for Summary Judgment 124
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.07
Excerpt: ... Underlying facts Plaintiff M.A. Silva Corks (“Silva”), a manufacturer of wine packaging, began leasing a warehouse in north Santa Rosa from defendant Ursus Development (“Ursus”) in 2014 with an option to buy. Ursus agreed to make improvements to the building, including modification of the roof and installation of batt insulation under the roof. Ursus hired defendant and moving party DES Architect and Engineer (“DES”) to provide the a...
2024.02.07 Motion for Terminating Sanctions and Monetary Sanctions 245
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ...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 efforts to enforce it. In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 35-36. CCP § 2025.450(g)(1) provides that a monetary sanction “shall” be imposed against the party losing a motion to compel deposition unless the court finds “...
2024.02.07 Motion to Compel Arbitration and Stay Proceedings 638
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...(Motion, 1:2-4.) The sales contract Plaintiff entered into with Bone contained an arbitration provision covering claims that arose out of the purchase or condition of the Nissan Rogue. (Id. at 1:9-13.) Plaintiff and Bone were signatories of the sales contract but not Nissan, and the contract expressly applied to Bone and its agents. (Ibid.) The relevant portions of the arbitration provisions read as follows: “You agree to the terms of this cont...
2024.02.07 Motion to Compel Depositions of PMK 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.07
Excerpt: ...lowing Smashmallow to conduct limited discovery to determine whether VADO has the minimum contacts with California necessary for this court to have jurisdiction over it. VADO opposes the motion arguing that Smashmallow's discovery is not limited to the issue of jurisdiction. Smashmallow served a Notice of Deposition of Defendant VADO Beheer B.V. by and through Person or Persons Most Knowledgeable Pursuant to CCP § 2025.230. (“Depo Notice”) (...
2024.02.07 Motion to Compel Further Responses, for Sanctions 141
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ... Two, Nos. 34, 36, and 43. The motions are DENIED as to all other discovery. Jacoby requested sanctions of $13,050.00 against Defendant. Sanctions are partially GRANTED for the reduced amount of $6,525.00. Procedural History Jacoby commenced this wage and hour class action against Defendant for alleged violations of various Labor Codes. (Motion to Compel Further Responses re Production Requests [“MTCFR PROD”], 3:25-27.) Jacoby served set one ...
2024.02.07 Motion to Compel Further Production 509
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ...arranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; and 3) violation of §1793.2 under the Act. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respon...
2024.02.07 Motion to Compel Responses, for Sanctions 538
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...tion-free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of entry of order. Procedural History This Court previously entered a default judgment against Defendants. Afterwards, Plaintiff propounded written interrogatories and demands for production on Defendants, and Defendants never responded, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff br...
2024.02.07 Motion to Designate Case as Complex 287
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ...ht surety companies and insurers, relating to breach of contract, construction defects, and negligence (the “DXC”). The Hollys have thereafter filed a cross-complaint for indemnity and breach of contract against the ten subcontractors named in the DXC, along with eleven more subcontractors not named therein (the “HXC”). This matter is on calendar for the motion by the Hollys to designate the case complex under Cal. Rules of Court (“CRC�...
2024.02.07 Motion to Designate Matter as Complex 299
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.02.07
Excerpt: ... Inc. (“Eno”) (all together “Defendants”), as well as Does 1- 40, arising out of alleged breach of contract and construction defects. Cross- complaints from Wahidi, Eno, and SR Iron have each followed. This matter is on calendar for a motion by the Plaintiff to designate the matter complex under Cal. Rule of Court (“CRC”) Rule 3.400. The Court has also continued the Case Management Conference (“CMC”) from February 1, 2024, to the ...
2024.02.07 Motion to Quash Records Subpoenas, to Compel Deposition of PMK 370
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.02.07
Excerpt: ...n or in her counsel's declaration. Nellessen simultaneously moves to compel the deposition of Defendant's person most knowledgeable (“PMK”) and requests leave to reopen discovery. The Court GRANTS leave to reopen discovery and also the motion to compel the deposition of Defendant's PMK. Procedural History Defendant served Nellessen's counsel with the five depositions subpoena production of business records on the Subpoenaed Entities and notic...
2024.02.07 Motion to Quash Service of Summons 907
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.02.07
Excerpt: ..., LLC (“CES LLC”) and the Oregon Corp. The cross- complaint alleges that CES LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell CES LLC certain scientific equipment. Shimadzu alleges that CES LLC has failed to pay all invoices. In addition, Shimadzu alleges that CES LLC transferred its personal property to the Oregon Corp., including the scientific equipment that is the subject of this case without receiving the reasonab...
2024.02.07 Special Demurrer 662
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.02.07
Excerpt: ...ourt of the status of the Goodwin action. Unless ordered otherwise, the parties shall attend a status conference on August 27, 2024, at 3:00pm. The parties may attend the status conference remotely. Defendant shall prepare the order for the Court in compliance with CRC 3.1312. I. Governing law A. 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....
2024.01.31 Demurrer 338
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.01.31
Excerpt: ...mnity. The 1XC incorporates the allegations of the complaint which allege that defendants PG&E, Mountain, and Moreno Consulting Group, Inc. (“Moreno”) in 2020 owned, possessed, supervised, operated, maintained, leased, occupied, and/or otherwise controlled a worksite in Santa Rosa near 6101 Cleland Road in Santa Rosa. (Complaint ¶10.) On October 12, 2020, while Plaintiff was at the property, Defendants' alleged negligence caused a tree to fa...
2024.01.31 Demurrer, Motion to Strike 873
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.01.31
Excerpt: ... Nathaniel Engquist is OVERRULED. The motion to strike is MOOT. 1. Note regarding combined motions The County has filed three motions as one. The County should note that it is the practice in this court for demurrers and motions to strike to be filed as separate motions. 2. Complaint This action involves property owned by the Howard Jay Engquist 2010 Revocable Trust. On March 24, 2010, Howard recorded a deed granting real property located at 250 ...
2024.01.31 Demurrers, Motion to Strike 322
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.31
Excerpt: ... TRVFD, “Defendants”), arising initially out alleged violations of the Court's orders in another case, SCV- 266225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of...
2024.01.31 Motion for Consolidation 883
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.31
Excerpt: ...tentative ruling and in compliance with Rule 3.1312. Analysis: CCP § 1048 states that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (CCP § 1048(a).) “The court...
2024.01.31 Motion for Leave to Amend Answer 033
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ... to take her son out of a car which Defendant was driving. Only one Plaintiff, Jeanine Grider (“Plaintiff” or “Jeanine”) is identified as a party, and she is self-represented, but the FAC appears to assert claims on behalf of minor son, William Grider (“William”). Defendant answered the FAC and later brought a special motion to strike the sixth cause of action pursuant to Code of Civil Procedure section 425.16. The court granted that ...
2024.01.31 Motion for Protective Order 677
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ... pay Plaintiff the full amount owed after Plaintiff suffered a loss (the “Loss”) to the Property. Motion Defendant moves the court for a protective order shielding it from the burden and expense of responding to Plaintiff First Set of Requests for Admission (“RFAs”), First Set of Requests for Production (“RFPs”), and First Set of Special Interrogatories (collectively, the “Discovery”). Alternatively, it asks the court to extend th...
2024.01.31 Motion for Summary Judgment 720
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.31
Excerpt: ...lying Facts: Carmen Marinsik (hereafter, “Marinsik”) was the owner of 1928 Camino Del Prado, Santa Rosa, California. (Undisputed Material Fact “UMF”, 1.) This residence was destroyed in the October 2017 Tubbs Fire. (UMF, 2.) Marinsik intended to rebuild the residence on the Camino Del Prado property and hired Defendant Gregory Mitchell dba Mitchell and Company as her general contractor to handle all aspects of rebuilding the residence. (U...
2024.01.31 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 285
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ...verages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,381.54, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on November 16, 2021, and obtained a default judgment against them on January 12, 2022 for $9,249.34. Post-Judgment Discovery Plaintiff served Defendants by mail wit...
2024.01.31 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 484
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ...ng to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $15,795.66, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on May 25, 2023, and obtained a default judgment against them on June 23, 2023 for $20,425.41. Post-Judgment Discovery Plaintiff served Defendants by mail with post-judgment discovery on July 25, 2023; the discovery included one set of production de...
2024.01.31 Motion to Compel Arbitration 380
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.01.31
Excerpt: ... any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” Plaintiff argues that Defendant's motion to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appea...
2024.01.31 Motion to Transfer Venue 692
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.31
Excerpt: ...Sonoma County but does have an office in San Francisco and that, according to Revenue and Taxation Code (“RTC”) section 6933, venue is proper only in a county where the Attorney General maintains an office. There is no opposition to the motion. When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a pro...
2024.01.24 OSC Re Contempt 714
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...a (the "Property"). Defendant has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appr...
2024.01.24 Motions to Compel Answers 767
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...tions to compel answers to special interrogatories ("Sl") against Defendant under Code of Civil Procedure ("CCP") S 2030.300, and to compel compliance with Plaintiff's request for production of documents ("RPOD") under CCP S 2031.310. The motions are GRANTED. Governing Law A. Special interrogatories A party may propound up to 35 special interrogatories to another party. (CCP S 2030.030(a).) If the party propounds more than 35, it must attach to e...
2024.01.24 Motion to Strike Punitive Damages 331
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...his matter is on calendar for Defendant's motion to strike pun-tive damages. The motion to strike is DENIED. Governing Law A. Motion to Strike Punitive Damages A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading its...
2024.01.24 Motion to Strike Particular Claims 027
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.01.24
Excerpt: ...ez, "Defendants"), and Does 1-100. The Complaint alleges a variety of causes of action derived from work contracted to be performed by Defendants. Grape Land has filed a cross- complaint alleging further contract actions ("Cross-complaint"). This matter is on calendar for Plaintiffs' motion to strike particular claims from the Cross-complaint, or in the alternative, to require a bill of particulars under Code of Civil Procedure ("CCP"), S 454. Pl...
2024.01.24 Motion to Set Aside or Vacate Entry of Default 268
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.01.24
Excerpt: ...y premiums, but Defendant failed to pay premiums owed. It seeks to collect the unpaid premiums. Plaintiff filed this action on June 26, 2023. It later filed a proof of service for the summons and complaint on September 6, 2023, purporting to show service on Defendant personally on August 2, 2023, at 3:39 p.m.at 689 Benicia Drive, santa Rosa, CA 95409. Defendant failed to appear, so Plaintiff obtained Defendant's default on September 26, 2023. Pla...
2024.01.24 Motion to Quash Deposition Subpoenas 322
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.01.24
Excerpt: ...Dave Leuschner and James Leuschner. As for the subpoena served on the LLP, this court directs the LLP to submit responsive documents to Department 16's chambers within 15 days of this order for in camera review. On November 15, 2023, Defendants issued deposition subpoenas for business records to Dave Leuschner; James Leuschner; and Plaintiffs' attorneys, the law firm Perry, Johnson, Anderson, Miller, & Moskowitz, LLP. (O'Rourke decl., 94, Exhibit...
2024.01.24 Motion to Compel Initial Responses 167
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.01.24
Excerpt: ...rder on this motion. Defendants' counsel shall submit a written order consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Analysis: Requests for Production of Documents A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. (CCP S 2031.210(a).) If only part of an item or ca...

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