Excerpt: ...2022, the Court granted Defendant's motions, compelling Plaintiffs to respond to Defendant's discovery requests within 30 days of the date of the hearing and awarding total sanctions in the amount of $720.00 to Defendant (“Order”). On June 8, 2022, Defendant filed two separate, but substantively identical, Motions for Terminating Sanctions for Plaintiffs' Noncompliance with Court Orders (“Motion”) for Plaintiffs failure to fully abide by ...

Excerpt: ...ies in this action. The right to attorney fees is based upon the Deed of Trust and Promissory Note that was at issue in this case. Code of Civil Procedure sections 1032 and 1033.5(a)(10) together allow the prevailing party in an action to obtain attorney fees as costs when authorized by contract, statute, or law. Code of Civil Procedure section 1032(a)(4) defines a “prevailing party” as including “the party with a net monetary recovery, a d...

Excerpt: ..., Wrongful Foreclosure, and Unfair Business Practices (Bus. & Prof. Code, §§ 17200 et seq.). The complaint alleges that Plaintiff's real property was sold via a trustee's sale despite her belief that she timely filed a bankruptcy petition prior to the sale, and despite no Notice of Default and Election to Sell Under Deed of Trust having been recorded. Defendant's request for judicial notice of recorded documents is granted. 1. First Cause of Ac...

Excerpt: ...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, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or con...

Excerpt: ..., and unintelligible. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff's complaint alleges causes of action for (1) Tax Refund; and (2) Quasi- Contract/Unjust Enrichment. Plaintiff alleges that the County assessor assessed Plaintiff for property taxes denominated as “sewer fees” in connection with certain parcels of commercial real property owned by Plaintiff. Plaintiff alleges that the methodology for collecting taxes against comm...

Excerpt: ...ndant for leave of court to file a compulsory cross-complaint pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief for additional clarification as to the terms of the contract at issue in the Complaint. Defendant argues that they should be allowed to file the cross-complaint as it is compulsory. The motion is unopposed. CCP § 428.50(c) provides: “The court, after notice to ...

Excerpt: ...all 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 to a judgment as a matter of law.” (CCP § 437c(c).) “A plaintiff moving for summary judgment “bears the burden of persuasion that ‘each element of the ‘cause of action' in question has been ‘proved,' and hence that ‘there is no defense' thereto.”” (Thompson v. Ioane (2017) 11 Cal.App.5th 1...

Excerpt: ...nks Mr. Meyer for his service in this matter. Plaintiff's First Amended Complaint (“FAC”) alleges causes of action for Inverse Condemnation, Wrongful Foreclosure, and Injunctive Relief. The action is based upon Plaintiff's purchase, in 2008, of property located at 3353 Mountain Home Ranch Road, Calistoga, California 94515 (“the Property”). In or around March 28, 2011, Plaintiff obtained a private loan for $350,000 from Gold by executing a...

Excerpt: ...t, and also $8,157.50 for client communications. Defendant awards no fees for Sarah Baxter or paralegal time. Plaintiff and Cross-Defendant (“Plaintiff”) is a person with physical disabilities and uses a wheelchair for mobility. Defendant and Cross-Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger a...

Excerpt: ... and costs in the amount of $8,972.55. This action was commenced on September 4, 2019. Judgment was filed on March 21, 2022. The County was determined to be the prevailing party entitled to its attorney fees and abatement costs. (See Gov. Code, § 25845(c); Sonoma County Code section 1‐7(f).) The County brings this motion to set the amount of fees and costs owed by Defendants. As set out in the Declaration of Michael A. King, the County request...

Excerpt: ...ther improvements and uses on the Property, and alleges that its efforts to obtain compliance have been in vain. Plaintiff filed proofs of service on February 4, 2022 showing that it effected personal service of the summons and complaint on each Defendant at 1324 E. Cotati Avenue #104, Rohnert Park, on December 31, 2021. Plaintiff requested and obtained entry of default against both Defendants on February 9, 2022. Defendants, both self-represente...

Excerpt: ...ers, Inc. and GRS Funding, Inc. (“Responding Parties”) under California Code of Civil Procedure (“CCP”) §§ 1987.1, 1987.2 and 2023.030. The Motion is DENIED. I. Evidentiary Issues Responding Parties' objections are all asserted against the contents of Defendant's motion, and not to any of the evidence provided by Defendant. Therefore, the objections are OVERRULED. However, the Court will not take judicial notice of the case submitted by...

Excerpt: ...ns. The unopposed Motion is GRANTED. Plaintiff shall attend a properly noticed deposition from Defendants within thirty (30) days' notice of this order. Plaintiff shall pay $660 in sanctions to Riley within thirty (30) days of notice of entry of the order on this Motion. I. Relevant Law CCP § 2025.450(a), provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, ...

Excerpt: ... Inc.; Chad Cooper; Kellin A. Baker; and Kellin A. Baker DBA Accurate Maintenance & Janitorial aka Accurate Property Services ("Defendants") to post a bond, undertaking, or other security in the amount of their statutory exposure, or any other sum that the Court deems appropriate to protect the public and prevent Defendants from having the opportunity to transfer, dissipate, or conceal their assets. Alternatively, ex rel. Plaintiffs seek other eq...

Excerpt: ...aintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They contend that TRVFD obtained the Permit by an application (“the Application”) for construction of a garage and storage building (“the Garage”) on Defendant's Property, with various restrictions (“the Project”), but TRVFD has used Defendant's Property and ...

Excerpt: ...ssue of sanctions. The Court thanks the discovery referee for his time and his continued attention to this matter. The referee has recommended that the Court issue $24,000 in sanctions against Defendant Acrisure for Acrisure's delays in producing their witnesses for deposition. The referee also recommends that no sanctions be awarded to either party regarding the written discovery because both parties had legitimate positions to stake out. The re...

Excerpt: ...tter for contempt proceedings. The Court notes that the proposed order contains findings that will be at issue in the contempt hearing. County Counsel is directed to provide an amended order which only contains the language of the order to show cause as contempt proceedings have not commenced and, therefore, no findings have been made. The application is made on the grounds that on August 4, 2021, this Court entered a judgment regarding real prop...

Excerpt: ...Cabinets (2009) 177 Cal.App.4th 59, 69.) The Court presently does not have before it the information necessary to determine whether appointment of a receiver for this purpose is appropriate and in compliance with the EJL. Plaintiff's request for judicial notice of item numbers 1-6 is GRANTED; but DENIED as to 7-8, as Plaintiff fails to provide copies of the documents. CRC Rule 3.1306(c). Defendants' request to present oral testimony at the hearin...

Excerpt: ...tiff Laurence Akiyoshi's declaration in opposition to her motion for sanctions are SUSTAINED. Counsel for Defendants Louis Andrade, Jaime Andrade, and Maria Yolanda Andrade DeMaria shall submit an order consistent with this tentative ruling and in compliance with Rule 3.1312. Procedural history: Plaintiffs originally filed a Complaint against Defendants Jaime Andrade, Louis Andrade, Maria Yolanda Andrade DeMaria, Kristin Andrade, and Nicole Andra...

Excerpt: ...ducted by a private entity under subdivision (f)(3) of California Insurance Code section 1871.7, which provision is unconstitutional, and no cause of action exists. The demurrer is OVERRULED. Defendants shall file an answer to Plaintiffs' complaint within 15 days of entry of this order. Plaintiffs are Travelers Casualty Insurance Company of America; Travelers Property Casualty Company of America; and The Travelers Indemnity Company of Connecticut...

Excerpt: ... in Petaluma in that they allowed an uneven roadway to exist, which caused injury to Plaintiff. Plaintiff alleges that Defendants knew or should have known of the dangerous condition prior to Plaintiff's fall and that they failed to take any action to repair the road or warn Plaintiff of the danger. Plaintiff alleges she fell as a result of the dangerous condition and sustained severe and permanent injuries. The complaint alleges premises liabili...

Excerpt: ... to the hearing, or provide them at the hearing, however, they demonstrate to the court at the hearing that this has been satisfied. The court notes that if the parties file the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should the ...

Excerpt: ...n did not amend the briefing schedule. Therefore, Defendant's opposition was due to be filed on April 28, 2022. (See CCP § 437c(b)(2).) Even if the parties intended for the following language in the stipulation to imply an extension of the briefing schedule, there is no agreed upon date by which Defendant should file her opposition: “Defendant cannot file a response…without taking Plaintiff's deposition.” (See May 9, 2022 Stip and Order, p...

Excerpt: ...ended complaint on January 6, 2022. In the Court's ruling on the demurrer and motion to strike regarding the first amended complaint, the Court permitted Plaintiff to file an amended pleading “within twenty (20) days of notice of entry of the order on this Demurrer.” (See Court's December 9, 2021 ruling.) Defendants claim that the clock began to run on the date that the clerk of Court served the minute order reflecting the Court's ruling on t...

Excerpt: ...e of the new hearing date and information. Facts Plaintiff brought this action to recover money which he claims Defendant owes pursuant to a written agreement by which plaintiff loaned Defendant $12,846 in return for specified monthly payments. Plaintiff complains that Defendant failed to make payments and defaulted. After Defendants answered, the parties filed only case management statements prior to Plaintiff filing a dismissal of the entire ac...

Excerpt: ...motion. The Motion is DENIED. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, 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: ...plains of illegal cannabis growing activities along with unpermitted, non- compliant structure, electrical, and other improvements and uses on the Property, and alleges that its efforts to obtain compliance have been in vain. Plaintiff filed proofs of service on February 4, 2022 showing that it effected personal service of the summons and complaint on each Defendant at 1324 E. Cotati Avenue #104, Rohnert Park, on December 31, 2021. Plaintiff requ...

Excerpt: ...f alleges that since the purchase, the vehicle began making a knocking noise. Upon tendering the Jeep for repairs, Plaintiff learned that zip ties were used to repair a broken fuel line and silicone on the intake manifold. Extensive repairs were required, which Plaintiff requested Defendant complete. Defendant did not repair the vehicle and Plaintiff demanded the matter go to arbitration. Defendant did not respond. In a consumer arbitration, if t...

Excerpt: ...ation and improper legal conclusions to the extent offered to prove rent control applied. The objection is overruled however to the extent the Court does consider the declaration admissible for the purpose of establishing that the park was operated under the believe that rent control applied. Defendant's objections to the declarations of Patricia Bekkedahl, Isabel Banuelos, Edgar Jara-Cano, Dennis Fisher and Evan Livingstone are OVERRULED. Plaint...

Excerpt: ...s storage unit and destroyed or stole Plaintiff's property and then evicted Plaintiff even though she has “faithfully” paid the full rent. Defendants filed a cross-complaint, first amended cross-complaint, and then a second amended cross-complaint (“SACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, a third cause of action for negligence, and a fou...

Excerpt: ... the notice of entry of the order. CRC 3.1320(g). The Cross-Complainants are to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“t...

Excerpt: ...ng on this matter on March 28, 2022 continuing the hearing to the present date and explaining that a continuance was necessary in order to allow City of Petaluma (“Petaluma”) time to explore the evidence against it. In the time that has passed, Defendant Watkins has been convicted of vehicular manslaughter with gross negligence for his conduct underlying this matter (SCR-743006-1). The Court incorporates its March 28 th ruling into this tenta...

Excerpt: ...��) alleging personal injuries from an automobile accident. The complaint alleges that defendant Day was driving a 2001 Dodge Ram 2500 (“the Dodge”) on August 3, 2018, during the course and scope of his employment with Westside. Plaintiff Villanueva was driving his 2013 Ford Explorer (“the Ford”). Plaintiff Aquino-Cardenas was a passenger in Villanueva's Ford. Plaintiff Deal-Stevens was a passenger in a 2017 Chevy Suburban (“the Chevy�...

Excerpt: ... C. Messana (“Russell”) and Chris Merkel (“Chris”) own real property at 4266 Santa Rosa Avenue, Santa Rosa (“the Property”) which is subject to a partition judgment (“the Judgment”) in Wagner v. Messana, et al., SCV-260727 (“the Partition Action”), nominal Defendant TJRV & Boat Storage, LLC (“TJRV”) operates its business on the Property but has no ownership or lease interest in the Property, and Plaintiff, Russell, and Chr...

Excerpt: ...ict (“Defendant”) on November 30, 2020, alleging wrongful termination. On February 10, 2022, Plaintiff filed this Motion to Compel Further Responses to Interrogatories, Requests for Admission, and Requests for Production (“Motion”) supported by a Memorandum of Points and Authorities, the declaration of Plaintiff's attorney Thuesen and a separate statement. On April 19, 2022, the Court ordered the Parties participate in the Discovery Facil...

Excerpt: ...ll it or buy out Plaintiff's interest. He also seeks payment of money which he alleges Defendant owes him from receipt of rental income and for mortgage payments. Plaintiff obtained Defendant's default on August 19, 2021. Motion Defendant moves the court to vacate the default based on mistake, inadvertence, surprise, or excusable neglect. He contends that during meet-and-confer efforts Plaintiff's counsel stated that she would not file the compla...

Excerpt: ...t reporter fees; travel expenses not related to the taking of depositions; and the $14,621.00 Plaintiff agreed to pay for costs associated with the Normandie action. As to the remaining items, the motion is DENIED. 1. Legal Standards The right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. (Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 71.) Code of...

Excerpt: ...ding unfair refusal to postpone the hearing or hear material evidence. Motion Respondent moves the court to quash service of the summons on it, arguing that there is no personal jurisdiction over it because the service of the summons failed to comply with statutory requirements. Petitioner opposes the motion, arguing that it complied with the requirements for serving entities and that Respondent does not claim lack of actual notice or that it did...

Excerpt: ...ination. The Motion is GRANTED. I. Underlying Facts Plaintiff has filed the Complaint based on injuries allegedly sustained from electrocution. Plaintiff alleges that he suffered “serious personal injury” as a result of Defendants' negligence. On March 4, 2022, without amending the complaint to include any allegations of mental distress, Plaintiff produced a report by psychologist Mark Kimmel including diagnoses which advanced claims for dama...

Excerpt: ...erinsured like many homeowners after a 2017 fire in the area, she asked the insurance agent, Brian Hunsaker (“Defendant Hunsaker”) to tour the Property, review the coverage of the policy, and make sure she had limits of coverage to repair or replace the Property in the event of another fire. Plaintiff filed this action alleging Defendant Hunsaker agreed to raise insurance on the policy, but ultimately failed to do so, causing her to be underi...

Excerpt: ...e Court. Plaintiff's Opposition to Defendant's Separate Statement is substantially comprised of argument. For example, “Whether it is because some Producers are designated as employees and others are designated as Contractors who get 1099s instead of W-2s may be one difference. However, that would not explain the differences in how commissions and salaries are allocated within each of the offices.” This is not a fact. It is argument. Plaintif...

Excerpt: ...ce, related to Court of Appeal case number A157615). The Court of Appeal denied the petition on February 17, 2022. (See Exhibit 31 Plaintiff's Request for Judicial Notice.) Motion The Hogans now move the Court for an order “awarding all costs and fees, including but not limited to attorney fees, in the amount of $681,841.22, pursuant to Civil Code §§ 1689 et seq., Code of Civil Procedure § 128.5, California Rules of Court rules 8.275 and 3.1...

Excerpt: ...g Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of fiduciary duty; 2) professional negligence; 3) fraud; and 4) negligent misrepresentation. This matter is on calendar for Defendants' demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as...

Excerpt: ... him. Plaintiff opposes the motion, arguing that CCP section 340.1 does not violate Ex Post Facto principles. Defendant filed a reply (which includes a Reply P&As and a response to plaintiff's Separate Statement of “Additional” Undisputed Material Facts). The Complaint The complaint alleges two causes of action against RAFANELLI (“defendant”). The first cause of action alleges that, when plaintiff was five years old in 1993, defendant com...

Excerpt: ...tions waived and the requests for admission deemed admitted. Pursuant to the court's order on the motion dated March 1, 2022 (“Order”), the following admissions were deemed admitted: (1) Plaintiff has a credit account number ending in 2845 issued by JPMorgan Chase Bank, N.A (“Credit Account”); (2) Plaintiff received periodic statement regarding the Credit Account; (3) no payment has been made on the Credit Account since March 24, 2021; an...

Excerpt: ...rator Patrick Galligan, has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Consolidated Complaint”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants”) have filed a cross-complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for 1) legal ...

Excerpt: ...efendant Losch. The file contains a proof of service by personal service on Defendant, which shows service of the Complaint and the moving papers, and no opposition has been filed. The Application is GRANTED. Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling, along with a [proposed] Order for Writ of Possession (CD-120), and a [proposed] Writ of Possession (CD-130). In light of the lack of opposit...

Excerpt: ...udication in their favor on the grounds that there complete defense to causes of action by Plaintiff. The motion is GRANTED. I. Facts Plaintiff alleges that on June 25, 2019, Defendant D. Biagini negligently operated the vehicle owned by the Defendants jointly. See Complaint; Defendants' Statement of Undisputed Facts (“DSS”), ¶ 1&2. Plaintiff alleged general negligence and motor vehicle negligence. Complaint pg. 3 ¶ 10 (a)&(b). Plaintiff ra...

Excerpt: ... (the “Complaint”). This matter is on calendar for the petition (styled as a “motion”) by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. I. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant enters into an arbitration agreement with all its employees as a matter of po...

Excerpt: ... argues a procedural deficiency based on the Order in fact being mailed on June 14, 2022. The Court certainly would have entertained a request to continue the hearing in light of the compressed time available to Plaintiff to respond. But no such request has been made. Rather, Plaintiff, apprised of the hearing date, timely filed a brief in response to the Order to Show Cause on the merits. On these facts, the Court finds any error was harmless. T...

Excerpt: ...nt 16, allow counsel to file and serve MC-052 and, if not yet served, MC-053. 2. Motion to Compel This matter is also on calendar for the motion of Plaintiffs Integrated Community Development, LLC, and 2905 Santa Rosa Ave., L.P. (“Plaintiffs”) for an order compelling Defendant B&B Santa Rosa, LLC (“Defendant”) to respond, without objection, to Plaintiffs' Request for Production of Post-Judgment Documents. Plaintiffs seek sanctions against...

Excerpt: ...nt economic value by being kept secret and which are subject to reasonable efforts to keep said information secret. The motion is GRANTED. Code of Civil Procedure section 2031.060 subdivision (b) allows the Court to make a protective order on the basis of “good cause shown.” A protective order is reasonable and customary to protect a company's “legitimate interest in protecting its trade secrets and other confidential proprietary informatio...

Excerpt: ... (Petition, ¶¶1-2.) Friends is a California nonprofit, representing the interests of homeowners and renters, parents of school children, business owners and operators, and property owners in the Sebastopol area. (Amended Petition, ¶6.) On February 10, 2022, Friends filed an Amended Petition for Writ of Mandamus pursuant to Code of Civil Procedure sections 1095.4 and 1085. The Amended Petition asserts “[c]urrently and for the past several yea...

Excerpt: ...d to submit an updated Memorandum of Costs consistent with the Court's findings below. Plaintiffs must file any supplemental opposition by September 12, 2022 and any reply by Defendant must be filed by September 19, 2022. Plaintiffs' motion to strike Defendant's memorandum of costs is DENIED. For the reasons stated in Defendant's opposition, the Court finds the memorandum of costs timely filed. Plaintiffs' alternative motion to tax costs is also ...

Excerpt: ... Plaintiff's insured's employee James Etimos (“Etimos”). Etimos was injured during the course and scope of his employment allegedly as a result of defendant Steve Clifford's (“Clifford”) negligence in driving his vehicle and causing a motor vehicle accident on Highway 101 in Petaluma. Defendant was substituted in as DOE 1, who allegedly operated and owned the subject vehicle involved in the accident, employed and entrusted his vehicle to ...

Excerpt: ... CA (“The Property”), seek a writ of mandate directing Respondent to set aside the Decision and Order of Hearing Officer Kimberly Buchholz dated October 14, 2021 (“the Order”) and to grant their appeal of the Order. They contend that in the Order, the Hearing Officer incorrectly found that they had violated Sonoma County Municipal Code and owed penalties and abatement costs, had failed to file a timely appeal and thus waived their right t...

Excerpt: ...tiffs' motion for sanctions against Defendants and their counsel under Code of Civil Procedure (“CCP”) §§ 128.5 and 128.7. The motion is DENIED. I. Facts and Procedure The FAC alleges that Defendants misappropriated funds due to the Plaintiffs as a result of a bequeathal, and subsequent loan to Defendant Murray. Plaintiffs retained Carle, Mackie, Powers, and Ross, LLP, (“CMPR”) and particularly Dawn Ross (“Ms. Ross”) to pursue their...

Excerpt: ...Defendants' objections to Plaintiff's evidence are each OVERRULED. Plaintiff's request for judicial notice of Exhibit 1 is GRANTED, however, the request for judicial notice of Exhibits 2-4 is DENIED. General Underlying Facts: Defendant Sutter Bay Hospitals (SBH) is a regional health care system consisting of hospitals including Sutter Santa Rosa Regional Health (SSRRH), the hospital at which Plaintiff, Michael Parr was employed for approximately ...

Excerpt: ...opposition to the motion. The motion is GRANTED. I. Facts Defendant requested a line of credit from Plaintiff. Plaintiff's Separate Statement of Undisputed Facts (PSS), Common Counts ¶¶ 1. Repayment of lent funds was a condition of the credit. PSS, Common Counts ¶ 2. In taking the line of credit, Defendant accepted the contract and its terms. PSS, Breach of Contract ¶ 2. Defendant used the line of credit and incurred charges and debts thereon...

Excerpt: ...of notice of entry of the order on this motion. Plaintiff is ordered to pay the sanctions amount within 90 days of service of entry of this order. Defendants' counsel shall submit and order consistent with this tentative ruling and incompliance with Rule 3.1312. Analysis: I. Form Interrogatories – General (Set One) “FROG” a. FROG 2.5 Plaintiff objects to this interrogatory on the basis of relevance. However, the information sought by this i...

Excerpt: ...ro Grand Petroleum gas station located at 525 East Washington Street in Petaluma. On November 19, 2014, the parties entered into a stipulated judgment and permanent injunction (“the Judgment”). The Judgment ordered defendants to pay civil penalties and costs. It also contained an injunction permanently enjoining and restraining the defendants and their agents, servants, employees, and representatives, pursuant to Business and Professions Code...

Excerpt: ...s matter is on calendar for Defendant's demurrer to the second cause of action within the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty. As to the second cause 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 u...

Excerpt: ...s-complaint against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrogation case as well. Ins...

Excerpt: ...d to submit an updated Memorandum of Costs consistent with the Court's findings below. Plaintiffs must file any supplemental opposition by September 12, 2022 and any reply by Defendant must be filed by September 19, 2022. Plaintiffs' motion to strike Defendant's memorandum of costs is DENIED. For the reasons stated in Defendant's opposition, the Court finds the memorandum of costs timely filed. Plaintiffs' alternative motion to tax costs is also ...

Excerpt: ...Defendants' objections to Plaintiff's evidence are each OVERRULED. Plaintiff's request for judicial notice of Exhibit 1 is GRANTED, however, the request for judicial notice of Exhibits 2-4 is DENIED. General Underlying Facts: Defendant Sutter Bay Hospitals (SBH) is a regional health care system consisting of hospitals including Sutter Santa Rosa Regional Health (SSRRH), the hospital at which Plaintiff, Michael Parr was employed for approximately ...

Excerpt: ...parties: SCV-264457, SCV-265296, SCV-266154, and SCV-267222. Plaintiffs complain that Defendants stole documents and information from Plaintiffs in order to gain advantage in other on-going litigation between Plaintiff Andrew Rowley (“Andrew”) and Defendants. They specifically contend that Defendants took Plaintiffs' computer to a third party in order to hack into, and obtain, personal and business e-mail accounts and the information containe...

Excerpt: ...of notice of entry of the order on this motion. Plaintiff is ordered to pay the sanctions amount within 90 days of service of entry of this order. Defendants' counsel shall submit and order consistent with this tentative ruling and incompliance with Rule 3.1312. Analysis: I. Form Interrogatories – General (Set One) “FROG” a. FROG 2.5 Plaintiff objects to this interrogatory on the basis of relevance. However, the information sought by this i...

Excerpt: ...he motion to that extent. The court DENIES the motion in all other respects, as set forth below. Facts Plaintiffs John Paulsen (“Paulsen”), Roseland Village, a California Corporation (“Village”), and Paulsen Land Co., LLC (“Paulsen Land”) allege that they own and operate Village on real property which Plaintiffs own on Sebastopol Road in Santa Rosa (“the Paulsen Property”); easements for ingress and egress were recorded in 1956 (�...

Excerpt: ... the top of a retaining wall onto a roadway below because the hazard lacked proper warnings or lighting to make it evident, and that SFPKOA knew or should have known of the danger. On August 9, 2021, Plaintiff filed an ex parte amendment to the complaint substituting Kampgrounds of America, Inc. (“KOA”) as Doe Defendant 1. Discovery Plaintiff served SFPKOA by e-mail with Form Interrogatories, Set One, Requests for Admissions (“RFAs”) Set ...

Excerpt: ...ogatories (“FIs”), requests for production of documents (“RPODs”), and requests for admission (“RFAs”) against both Foothill and Clapp under Code of Civil Procedure (“CCP”) §§ 2030.300, 2031.310, and 2033.290. These matters were previously on calendar and continued as additional responses were provided to all of the motions. Supplemental briefing from Defendants was due 20 court days prior to the hearing. Responses from Foothill...

Excerpt: ...e “Crossing”). This matter is on calendar for motion by SMART for summary judgment or adjudication of each pending cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. The motion for summary judgment is GRANTED. I. Facts SMART and the City were and are negotiating a possible at-grade pedestrian and bicycle crossing commonly referred to as the “Jennings Crossing”. SMART's Undisputed Material Facts (“SUMF”), ¶¶ 9, 13,...

Excerpt: ..., after holding a trial on Petitioner's request for a Civil Harassment Restraining Order, the Court found in favor of the Respondent and found an award of reasonable attorney's fees was appropriate, the amount to be determined upon motion at a later time. As the prevailing party, Respondent has now moved for attorney's fees and costs in connection with these proceedings. Respondent's counsel requests $9,687.50 in fees and $700 in costs. Counsel r...

Excerpt: ...for the death of the decedent, Walter Eric Leet (“Decedent”). This matter is on calendar for the motion by Schmidt pursuant to Cal. Code Civ. Proc. (“CCP”) § 877.6 for an order determining that its settlement with Plaintiffs, in the amount of $29,999, is in good faith. The Motion is GRANTED. According to the declaration submitted, Plaintiffs and Schmidt agreed to a payment of $29,999 as settlement in exchange for a release of any and all...

Excerpt: ... representations about their filters (“Filters”) and the filtration system (“Filtration System”) using those Filters, Plaintiff decided to purchase and use the Filtration System in its business but that the Filtration System did not work as represented and resulted in tainted wine that was “undrinkable and unsalable.” It contends that Defendants knew of these defects or failed to conduct proper testing to determine the effectiveness o...

Excerpt: ... method including, but not limited to, all medical records, intake forms, patient completed forms and/or documents, correspondence, all office records, emergency room records or reports, inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy and prescription records, physical therapy records, sign-in sheets, all descriptions of exercises prescribed, documentation which indicate da...

Excerpt: ...ty located next to the Plaintiff's lot. Around April 2020, Plaintiff began experiencing a backup of sewage which she attributed to the roots of trees located on common property. Despite requests to do so, Defendants did not pay for plumbing repairs. Plaintiff alleges causes of action for trespass, nuisance, financial elder abuse, intentional infliction of emotional distress, and negligent infliction of emotional distress. When Plaintiff purchased...

Excerpt: ...vating without permission and constructing additional water systems to collect ground water to which Defendant is not allowed. Plaintiff alleges that in 1936, the then-owner of Plaintiff's Property (“Weeks”) granted to the then-owner of Defendant's Property (“Seaman”) “the continuous right to the water flowing, and to flow, from that certain spring situated on the Northwest forty… acres” along with “a right of way for a pipe line ...

Excerpt: ...RANTED and the matter set for hearing. However, in light of certain discrepancies in the 2021 Judgment regarding the total amount of penalties owed, the matter is CONTINUED to June 22, 2022, at 3:00 p.m., in Department 16, to allow County Counsel to provide its civil penalty calculations regarding the amount that should be stated in the 2021 Judgment, and to provide an updated proposed order. The application is made on the grounds that on August ...

Excerpt: ... petition to vacate the arbitration award pursuant to Cal. Code Civ. Proc. (“CCP”) § 1285 et. seq. This matter stems from a contract dispute between Petitioners and Respondents arising from an event rental of the SSS Ranch located here in Sonoma County. See Petitioner's Memorandum of Points and Authorities pg. 1:20-21. Under the subject contract, there is an arbitration agreement provision, which reads in full: “In the event of any dispute...

Excerpt: ...sler Dodge Jeep Ram Fiat of Santa Rosa (“Lithia”). The complaint is based upon the purchase of a 2021 Chrysler Pacifica Hybrid which Plaintiffs allege is defective. The complaint alleges five causes of action against FCA: four causes of action under the Song-Beverly Consumer Warranty Act and one cause of action for Fraudulent Inducement-Concealment. It alleges one cause of action for Negligent Repair against Lithia. On May 27, 2022, Lithia wa...

Excerpt: ...nt which included the following pertinent terms: 1) David and/or Eugene shall submit “the first lot line application” to the County which proposes a 3 parcel division of the property. 2) If David and/or Eugene withdraw or abandon the application, John Calvi may submit an application to the County proposing a 2 parcel division. 3) “If both the 3 parcel and the 2 parcel applications are denied by the County, the entirety of the two parcels sh...

Excerpt: ...aine McCoy and his brother, Defendant/Cross-Complainant Dean McCoy. (“Dwaine” and “Dean”) For many years, the McCoy brothers successfully ran insulation companies together. A dispute between the brothers resulted in Dwaine filing this action to wind up Dean's interest in the business and resolve various liabilities. Dwaine alleges that Dean developed a gambling habit and improperly took over $400,000 in company funds and used them for him...

Excerpt: ...eclaratory Relief and Breach of Contract SUSTAINED with leave to amend. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, a labor organization representing construction workers, complains that Defendant has improperly repudiated a Project Stabilization Agreement (“PSA”) be...

Excerpt: ...t al., No. 18-cv-02223 (C.D. Cal.); that Plaintiff's second, third, and sixth causes of action fail to state facts sufficient to constitute a cause of action; and that Plaintiff's fifth cause of action is untimely. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike seeks to strike portions of the complaint on the grounds that the applicable law does not allow for recovery of replacement or restitution and related damages, incl...

Excerpt: ...tive relief based on Plaintiff's admission regarding injunctive relief. The demurring and moving party is required to answer within 10 days of service of the notice of entry of the order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, alleging that he is the heir of, and successor in interest to, Decedent Robert Ritchie (“Decedent”), complains that D...

Excerpt: ...laintiff received court approval for service by publication of summons on December 28, 2021. The OSC hearing was set for March 3, 2022. Plaintiff nor his counsel appeared at the March 3, 2022 hearing. The case was dismissed as a result of Plaintiff's non- appearance. The proof of service by publication was filed on March 8, 2022. This motion was filed March 14, 2022. II. Governing Law Under the mandatory relief provision of CCP § 473(b), “the ...

Excerpt: ...efendant Patrinellis (“Defendant”) arising out of Decedent's death, which was consolidated with the present action per order entered on December 2, 2020. Pursuant to a stipulation and order, Mother Plaintiff's first amended complaint and Father's second amended complaint were filed; they are substantively identical complaints (the “Complaints”). This matter is on calendar for Father Plaintiff's motion to compel answers to form interrogato...

Excerpt: ...edgeable, with Production of Documents GRANTED. Motion to Compel Defendant Ford Motor Company's Further Responses to Requests for Production of Documents Nos. 9, 10, 14, 17, 31, 34-37, and 39-71 GRANTED. Facts and History Plaintiff complains that he bought a new Ford F-150 truck (“the Truck”), with warranties from Defendant's authorized dealer, W.C. Sanderson Ford (“Sanderson”), but it suffered from defects of which Defendant was aware at...

Excerpt: ...n special interrogatory number 89, Defendant Buchman requests that Plaintiff: Identify by name all individuals and entities that paid, either directly or indirectly, the property tax associated with the ASSESSMENT (for the purposes of these interrogatories, the term “ASSESSMENT” means the re-assessment of property taxes that took place as a result of Gloria Egger's transfer of limited partnership interests, and which make up the basis of YOUR...

Excerpt: ...ers”), Gavin McDOWELL (“McDowell”, together with Colliers, “Opposing Defendants”), and Does. Opposing Defendants have filed a cross-complaint against Moving Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for defendants 434 CENTRAL AVENUE APARTMENTS LP's and WCGM PROPERTIES LLC's motion to discharge Moving Defendants as stakeholders under Code of Civil Procedure sections 386 and 386. The motion is DENIED....

Excerpt: ...negligence; 6) breach of bailment agreement; and 7) conversion (the “SAC”). This matter is on calendar for motions by Defendants for summary judgment or adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. I. Evidentiary Issues Moving Defendants assert for the first time on reply that they never entered into an agreement with Plaintiff. New contentions asserted on reply may be disregarded by the court as a matter of fairness. Ma...

Excerpt: ...n allegations that Plaintiff has “violated its California Code of Civil Procedure § 664.6 reciprocal duty of good faith and fair dealing…” by recording a notice of lis pendens, and in doing so breaching the “judgment contract”. There is no evidence that the County has acted in bad faith in any regard. Defendant has not cited, and the Court sees no legal basis for vacating the judgment. The motion is denied. Plaintiff's petition to appo...

Excerpt: ...ke portions of the complaint referring to Defendant driving while under the influence of alcohol or other mind-altering substances impairing her ability to drive, or having a blood alcohol level above the legal limit, or acting with malice and oppression in willful and conscious disregard for others, and request for punitive damages based on these allegations. Plaintiff opposes the motion. He argues that there is no basis for striking allegations...

Excerpt: ...”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration, relying on an arbitration provision in th...

Excerpt: ...He contends that Defendants discriminated and retaliated against him in violation of the Fair Employment and Housing Act (“FEHA”) and in retaliation for whistleblowing on Defendants' failure to ensure compliance with requirements regarding mandated reporting of suspected child abuse in violation of the California Abuse and Neglect Act (“CANRA”) and Labor Code section 1102.5. He specifically refers to alleged misconduct related to the abus...

Excerpt: ...endant defaulted under the terms of the settlement. The court granted the motion after the hearing of January 12, 2022. On February 17, 2022, the court entered judgment thereon. Motion Plaintiff now moves the court to amend the judgment nunc pro tunc pursuant to CCP section 473(d), explaining that it inadvertently made a math error on the proposed judgment it presented, and which this court entered, resulting incorrectly in a larger judgment than...

Excerpt: ...f's brother, Joseph Dutton (“Joseph”), Plaintiff's then-wife Teresa Dutton (“Teresa”), and Plaintiff (collectively, Plaintiff, Gail, Joseph, and Teresa are “the Duttons”), including estate planning and preparation of several agreements regarding DRC. He contends that Defendants failed to advise Plaintiff of potential conflicts of interest between him and Teresa, failed to shield Plaintiff's property interests, including his interest i...

Excerpt: ... referred to as “Defendants”). The Prior Action involved 97 plaintiffs and 28 defendants. Plaintiff alleges that Defendants negligently mishandled the litigation which resulted in Plaintiff's award being diminished, allowed defendant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award Plaintiff was entitled to, failed to allocate any of the award for fees and costs to Plaintiff, and h...

Excerpt: ...ract. Defendant Abbott filed a cross-complaint against Plaintiff claiming construction defects. As a result, Plaintiff filed a cross-complaint against its subcontractors for indemnity and contribution, including Bedrock Concrete Company (moving party) as a Cross-Defendant. Bedrock performed concrete work on the subject property. Defendant Abbott alleges that the concrete work performed by Bedrock on the driveway exhibits numerous cracks and that ...

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.) ...