Excerpt: ...ar for the petition by Uber to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRAN TED . I. Fact s and Proce dure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on October 25, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Chenshan Yu in Support, ...

Excerpt: ...n 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 writing 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 judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until perfor...

Excerpt: ...ndar for Plaintiff's Order to Show Cause re: Preliminary Injunction arising out of a Temporary Restraining Order request filed on April 8, 2024. The motion is continued to May 15, 2024. I. Underlying facts Plaintiff filed the application for Temporary Restraining Order and request to set the Order to Show Cause re: Preliminary Injunction on April 8, 2024. The Court's orde r grant ing t he Te mporary Re straining Orde r and se tt ing of t he Pre l...

Excerpt: ...ages” requested for the Ninth Cause of Action in the Prayer for Relief on page 14 of the F AC. P RO CED URAL H ISTO RY Plaintiff commenced this suit to recover repair and replacement costs from named defendants regarding fire sprinkler sensors that Plaintiff installed but did not own. Plaintiff purchased the sprinkler sensors from defendant Pace Supply C o r p . (“P a c e ”) t o in stall them into the residential homes. The specific model w...

Excerpt: ...the Eighth Cause of Action for Reformation. Defendant's request for judicial n o t ic e is GRAN TED a s t o Exh ib it s 1-2 , a n d 5 -9 and DENIED as to Exhibits 3 -4 , a s they are disputable evidence. The cases cited in su pport of t he re que st for judicial n o t ic e o f Exh ib it s 3-4 do not require the Court take judicial notice of these documents and they are not persuasive. Defendant's counsel shall submit a written order consistent wi...

Excerpt: ... they own property located at 121 Olive Street in Petaluma (“121 Olive”) which they purchased on September 18, 2003 from Creed W. Wood and Andree L. Wood (“Trustees”), Trustees under the Creed W. Wood and Andree L . Wood 1991 Trust. A condition of the purchase was that Plaintiffs were granted an access easement over the Trustees' property. Plaintiffs allege that over three months prior to closing escrow for the sale of 121 Olive, Trustees...

Excerpt: ...intervention (the “M o t io n ”). Th e M o t io n is GRAN TED . I. Governing Law Labor Code Division 4, governing “Workers' Compensation and Insurance,” Part 1, Chapter 5, “Subrogation of Employer,” governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' co mpensation or other similar benefits. Lab. Code section 3 8 5 2 g ive s e m p lo ye e s a n d e m p ...

Excerpt: ...nts 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 Motion 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 to Plaintiff within thirty (30) days of notice of ent...

Excerpt: ... t e r r o g a t o r ie s (“SIs ”) a g a in s t 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 Motion is GRAN TED . D e f e n d a n t s s h a ll 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 $...

Excerpt: ...and unjustified. Defendant is ordered to notify all necessary individuals prior to the release of the requested educational records that pertain to them. Prior to disclosure, Defendant is also ordered to redact any private and confidential information, including personal id e n t if ic a t io n in f o r m a t io n , p r iva t e m e d ic a l in f o r m a t io n , a n d private financial information that are not relevant to this action. Defendant s...

Excerpt: ...Lazaro Ortiz (“Plaintiffs”). Defendants request monetary sanctions in the amount of $5,185. The motion is DENIED as to special interrogatories numbers 2, 3, 5, 6, 8, 9, 11, 12, 13, 14, 17, 18, 21, 24, and 26; and is GRANTED as to 1, 4, 7, 10, 15, 16, 19, 20, 22, and 23. Sanctions are denied. This is a wage and hour action. Plaintiffs allege they worked for Defendant as truck drivers delivering construction materials. Plaintiffs allege that De...

Excerpt: ... court against Defendant Catholic Charities of the Diocese of Santa Rosa (“Defendant”), titled Kimberlee Keller v. Catholic Charities of the Diocese of Santa Rosa , Sonoma County Case No. 23CV00371. Intervenor argues that Defendant has opted to mediate only with the plaintiff in this case, plaintiff Lourdes Rangal (“Plaintiff Rangal”). Intervenor argues that she must be permitted to intervene as any settlement reach ed between Plaintiff R...

Excerpt: ...promissory note . Plaint iff's proce ss se rve r e ffe ctuate d se rvice of the summons and complaint by substituted service at 3660 Roblar Road in Petaluma, at which address Defendant concedes he currently resides, and which was listed under his name in the caption for this motion. Defendant claims he does not receive mail at this address and that he has never been personally served. Defendant has not apprised the Court of any different address ...

Excerpt: ...ll as the motion for attorney's fees and class representative enhancements. The Court issued a tentative ruling on the motion on April 4, 2024, and ordered the parties to appear for oral argument the next day. At the hearing, the Court allowed arguments by Plaintiff's counsel which focused on the Court's modification to the attorn ey's fees allocation in the settlement. Plaintiff argued the original attorney's fee request was justified but re...

Excerpt: ...pliance with Rule 3.1312. I. Background This complaint arises out of an ongoing dispute between the parties who are a HOA President (Plaintiff) and a resident of the Association (Defendant). Defendant is alleged to have sent sent several letters and emails to Plaintiff personally (that are large ly not the subject of this motion) and letters, emails, and flyers to board members and residents with his concerns regarding Plaintiff's fitness to serv...

Excerpt: ...) for settlement. Plaintiffs had sued Defendants for motor vehicle property damage and personal injury. ANALYSIS Legal Standard C.C.P. section 877.6 allows a plaintiff to settle with one or more joint tortfeasors without releasing others as long as the settlement is in “good faith.” A good-faith settlement discharges the settling defendant from liability to other parties for equit able contribution or comparative indemnity. ( City of Grand Te...

Excerpt: ...Plaintiff's complaint alleges that in or around January 2016, Defendant hired Plaintiff to work as a full -time, non- exempt ceiling and acoustical foreman. Plaintiff alleges that he was wrongfully terminated on or about August 12, 2022. Plaintiff alleges that, previously, on April 1, 2022, he injured his right arm while performing job duties. The injury impaired major life activities and constituted a disability. The injury required surgery whic...

Excerpt: ...ff filed suit on May 6, 2022, and s erved the summons and complaint upon Defendant through substituted service on May 13, 2023. Defendant did not file a response, so Plaintiff filed a Request for Entry of Default, which the Court entered on July 12, 2023. On July 18, 2023, Defendant's representative from Phoenix Law contacted Plaintiff's counsel wanting to settle the matter on behalf of Defendant. As proof of representation, Phoenix Law emailed a...

Excerpt: ...nting judgment on the pleadings on the ground that the Complaint fails to state sufficient facts to constitute causes of action in this matter. The motion is DENIED. I. Governing Law A. Judgment on the Pleadings A motion for judgment on the pleadings may only be made on the grounds specified in the statute. CCP section 438(c)(1). If the moving party is a defendant, the motion may be made on the grounds that the complaint does not state facts suff...

Excerpt: .... (“CCP”) § 473 for leave to amend the FAC. The motion is DENIED. I. Legal Standards The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...

Excerpt: ...rling commenced this action to obtain money owed by Arrowtown for roofing work done and for materials provided by Sterling in connection to a construction project on a residential remodeling in Sonoma for Heather Jordan and Joseph Beare (the “Owners”). Arrowtown, as the general contractor, sought a contract with Sterling for roofing work. Arrowtown disputes any additional amounts claimed by Sterling. Sterling submitted a bid proposal for $82,...

Excerpt: ...h 1997, Plaintiff agreed to assist Defendant in purchasing a house on 21st Avenue in San Francisco (“San Francisco Property”) where Defendant would live with the parties' parents. Plaintiff alleges that he and Defendant agreed as follows: Plaintiff would pay a $70,000 down payment and co -sign the loan application, and pay $5,000 per month to Defendant to cover the mortgage, tax, and maintenance expenses on the house. Plaintiff and Defendant ...

Excerpt: ...necessary precautions to prevent her from falling, as a result of which she fell and suffered injuries. Plaintiff's complaint, filed on November 29, 2023, alleges causes of action for (1) negligence and (2) violations of the Elder and Dependent Adult Civil Protection Act (Welf & Instit. Code §15600 et. seq.) Plaintiff, a 93-year elder who was a resident at Defendants' Muirwoods Memory Care assisted -living facility in Santa Rosa, California (the...

Excerpt: ...an amended cross -c o m p la in t is GRAN TED . This motion is based upon Cross -Co m p la in a n t s ' r e c e ip t o f d is c o ve r y responses that indicate that Plaintiff Dorian Guerrero was not an employee of Craft Contract ing dba Craft Ge ne ral Const ruct ion (“Craft ”). It is Cross - Complainants' position that Craft cannot therefore avail itself of the protections of Labor Code section 3864, which formed the basis of this court's r...

Excerpt: ...ffs”). The demurre r is SUSTAINED without leave to amend. Plaintiffs' FAC alleges that on August 20, 2020, defendant Vanessa Ann Bardella (“Vanessa”) left her home and crossed the street to where Decedent was residing in her recreational vehicle. Vanessa shot Decedent in the face which caused severe i njuries resulting in her death. Plaintiffs allege that Barbara, Vanessa's mother, and Vanessa's brother, Matthew Bardella, knew that Vanessa ...

Excerpt: ... its discretion to consider the late - filed opposition since Defendant was still able to file a substantive reply. Analysis: I. St andard on De murre r 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, St evens v. Superior Court (1999) 75 ...

Excerpt: ... ura l Ma t eria ls Co. (1981) 123 Cal.App.3d 593, 604 -605. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: I. St andards on De murre r 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...

Excerpt: ....50(c) provides: “The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or t o file the cross -complaint, to assert such cause if the party who failed to plead the caus e acted in good faith. This subdivision shall be liberally construed to avoid forfe it ure of cause s of act ion.” If t he propose d cross -c o m p la in t is p e r m is s iv e , leave of court ma...

Excerpt: ...c o n sidered for, coordination.” Section 404.5 contemplates a stay of proceedings when the coordination of two actions is being considered. No such action is being considered for c o o r d in a t io n w it h t h is c a s e . Th e r e f o r e , s e c t io n 4 0 4 .5 is in a p p lic a b le . Re g a r d le s s , as pre vio usly d etermined by this court, and as acknowledged in defendant's moving papers, Dorothy Langley transferred the subject rea...

Excerpt: ...a n a g e r if s h e r e lo c a t e d f r o m H a w a ii t o Ca lif o r n ia . P la in t if f w a s liv in g in Hawaii after retiring after working for Defendants for many years, and taking care o f h e r ill husband who requires kidney dialysis. Plaintiff claims she agreed to relocate based on the oral promise that she would be appointed as Store Manager and Defendants would cover her relocation costs. After she had relocated, Defendants offered...

Excerpt: ...��), special interrogatories (“SIs”), and requests for produc tion of documents (“RPODs”), and for monetary sanctions. Th e M o t io n is GRAN TED . I. Relevant Law A. Motions to Compel Responses Regarding the FIs, 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 “[i]f an interrogatory cannot be answere...

Excerpt: ... located at 4723 Muirfield Court, Santa Rosa, (the “Property”). Defendants were uncertain whether Plaintiff got a permit to install this first. The parties entered into the Settlement Agreement on November 1, 2023. Paragraph 9 of the Settlement Agreement required Plaintiff to provide support that he obtained a permit for the installation of the propane tank. (Declaration of Pavone, Ex hibit A.) Plaintiff had to send this support to Defendant ...

Excerpt: ...� 4 1 8 .1 0 (a)(1 ) o n t he gro und s t hat t he Co urt lacked personal jurisdiction over Defendant because the summons and complaint we re ne ve r prope rly se rve d . I . Governing La w The Co de o f Civil Pro ce d ure st at e s t hat “[a] de fe ndant , o n o r b e fo re t he last day o f his o r he r t ime t o p le ad o r wit hin any furt he r t ime t hat t he co urt may fo r go o d cause allo w , may se rve and file a no t ice o f mo t io...

Excerpt: ...for ju d ic ia l n o t ic e a r e GRAN TED . Defendants shall file and serve their proposed amended answer within 10 days of service of the notice of entry of this order. P RO CED URAL H ISTO RY Plaintiffs brought this action to seek damages from Defendants for breach of contract and property damage arising out of a commercial lease. Defendants filed an unverified answer with a general denial to the verified complaint to avoid an entry of default...

Excerpt: ...efendant Bethany Zoe (“Zoe”) stipulated to a settlement agreement in open court. The parties exchanged multiple versions to memorialize this settlement agreement in writing, but Defendants did not agree to the terms because they did not include the requirement for escrow, a title report, and a transfer disclosure statement re garding re al prope rt y at issue . Anabi's posit ion is t hat t he se t e rms we re a part of the general category po...

Excerpt: ...s sufficient to constitute a cause of action. The Demurrer is SUSTAIN ED w it h 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 granted where the complaint's defect can be cured by amendment. Th e Swahn Group, I...

Excerpt: ...second amended complaint. West of Temperance is a winery. John King (“King”) and Brian Ojalvo (“Ojalvo”) are managers and/ or members of Plaintiff. King mainly manages the finances and Ojalvo mainly operates the winemaking process. Plaintiffs allege that they purchased wine corks from Defendant which contained “cork taint,” a fungus which can be present in natural cork that ruins the wine. The FAC alleges causes of action for breach o...

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