Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...

Excerpt: ..., which the city council ("Council") of City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitgated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for the Project in June 2018, but members of Petitioner appealed to Respondent's City Council ("Council"). Petitoner sets forth two ca...

Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...

Excerpt: ..., and Defendant's employee on more than one occasion came to the Premises to perform repair work when Plaintiff and her minor children were in the Premises. Amongst other things, the Employee made numerous sexual references to Plaintiff, discussed his sexual relations, and made disparaging remarks about Plaintiff participating in the Voucher Program for Low Income Family in order to lease the Premises. On September 15, 2022, Defendant served Plai...

Excerpt: ... GRANTED. The Complaint The presently 0#rative First Amended Complaint ("Complaint") alleges that Defendants failed to comply with California Labor Code ("LC") provisions during the course of his employment with Defendants, and alleges on information and that these policies were also enforced on other employees. The Complaint contains causes of achon for: (i) failure to pay minimum wages; (ii) failure to pay overtime wages; (iii) failure to provi...

Excerpt: ...vid Spivak of The Spivak Law Firm and Walter L. Haines of United Employees Law Group, PC as Class Counsel; (5) appointing Plaintiff as Class Representative ("Class Representative"); (6) approving the use of the notice procedures and related forms; (7) directing that notice be mailed to the proposed Settlement Class; and (8) scheduling a hearing date for the moton for final approval of the class action settlement and for an award of attorneys' fee...

Excerpt: ..., 2018, they purchased a 2018 Honda Odyssey ("the Vehicle") for which Defendant provided warranties ("the Warranties"), but the Vehicle was defective and, although she brought it to Defendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("...

Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...

Excerpt: ...ward as a class, defined as: "All parents, family members, guardians or students in the United States who paid tuition to Defendant Sonoma Academy during the year(s) to 2020 for students who graduated before July 2020." SAC 115. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of acton. D...

Excerpt: ... conducting proceedings to revoke his license based on a coerced guilty plea to the crime of tax evasion. He contends that Respondents have failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," ...

Excerpt: ...tiffs") on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendants Massachusetts Mutual Life Insurance Company ("MassMutual") and MML Investors Services, LLC ("MML") join the demurrer. The demurrer is OVERRULED. The FAC alleges that the Romans are insurance agents/producers/brokers with MML and MassMutual. (FAC, 926.) As early as 2010, in an effort to provide for the health and well-being o...

Excerpt: ...and to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. Defendant has filed a declaration of non-oppositon to all motions. The unopposed Motons to compel are GRANTED. The parties are ORDERED TO APPEAR on the issue of time for compliance. Plaintiff's motion to deem admissions admitted is also APPEARANCES REQUIRED. Defendant shall pay $560 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this ...

Excerpt: ...scencion Roman ("Roman") caused an automobile accident on November 2, 2019, which caused Plaintiff serious injuries and which required numerous surgeries. (FAC, 97.) At the time of the accident, Roman was insured by Encompass with a $50,000 per person, $100,000 per accident insurance policy ("the Policy"). (FAC, 98.) On June 25, 2020, Plaintiff made a demand to Encompass, through claims adjustor Maasberg, for payment of the $50,000 limit of the P...

Excerpt: ...) S 2025.610 to compel subsequent deposition. The Motion is GRANTED in part and DENIED in part. Goveming Law Natural persons, including parties to the action, may not be deposed more than once without a court order based on a show-ng of cause. CCP S 2025.610(a), (b); see Fairmont Ins. Co. v. Sup.Ct. (Stende") 22 cal.4th 245, 254. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness bef...

Excerpt: ...arising initially out alleged violations of the Court's orders in another case, SCV-265225. 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") S 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 parties. The Demurrer is SUSTAIN...

Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...

Excerpt: ...s and History Alleging that he owns and resides on residential real property at 12097 Ramsey Road, Sebastopol, CA (the "Property") and obtained a loan (the "Loan") secured with a Deed of Trust (the "DOT") against the Property, Plaintiff complains that Defendants have improperly attempted to foreclose against the Property. Among other things, he alleges that he submitted a complete application to modify the Loan (the "Application"), but Defendants...

Excerpt: ...ions to Strike 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 itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A motion to strike is also properly directed to unauthorized claims fo...

Excerpt: ...story Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowng the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a month in retur...

Excerpt: ...Iac"). Or, as another alternative, ELCA requests an order compelling Codac to produce all responsive documents. The motion is DENIED. However, the parties are ordered to meet and confer to appropriately narrow the scope of the records sought and, if necessary, consider an appropriate protective order. The motion is DENIED Plaintiff's complaint alleges that she was a victm of childhood sexual assault and abuse that occurred in Rohnert Park from 19...

Excerpt: ...r Defendant's potential exposure. The court requires this in order to make a final determination regarding whether the Settlement as a whole is fair and reasonable in this regard. In all other respects, the court finds the information and terms of the Settlement to be fair and reasonable for the purposes of this hearing and finds no potential inadequacies at this time. Facts and History Plaintiff Ricardo Perez Ruelas ("Perez") in this action, SCV...

Excerpt: ...tant complaint against Defendant on May 8, 2023. Moving Defendant was personally served on May 25, 2023. Plaintiff requested entry of default on August 30, 2023, which was granted against Defendant. Defendant filed the instant motion to set aside the default on September 19, 2023. Plaintiff has filed no opposition to the motion. Governing Law "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a ...

Excerpt: ...exity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement." (Kullar v. Foot Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 128, citing Dunk v. Ford Motor c...

Excerpt: ...ress, menace (extortion), and conspiracy (the "Complaint"). Defendant filed a special Anti-SLAPP motion to strike pursuant to Code Civil of Procedure ("CCP") S 425.16 ("the Motion to Strike"). The Moton to Strike was granted by this Court on April 13, 2022, ("Order") and plaintffs appealed. While the appeal was pending, this court granted Defendant's Motion for Attorneys' Fees and Costs based on CCP 5425.16 and the court's Order granting the Moti...

Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...