Excerpt: ... Creditor”), who renewed it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Moving Defendant's motion to void the judgment as to himself due to fraudulent service. The Motion is GRANTED. Plaintiff filed a proof of service claiming that Moving Defendant was served on July 11, 2012 at 7 pm at 5240 Old Sonoma Road, Napa CA 94559. Request for Judicial Notice (“RFJN”), Exhibit B. Moving De...

Excerpt: ...ion 1, Motion 2, and Motion 3, as well as additional matters on which the Court issued final rulings. This matter was continued to today's date for further ruling on unresolved issues. The Court issues the following additional final orders and continues this matter to June 15, 2022 at 3:00 p.m. to discuss any remaining unresolved matters, as well as the issue of sanctions. Motion 4: Plaintiff's Motion to Compel Defendant Acrisure's Responses to P...

Excerpt: ...re (“CCP”) section 2032.250. Defendant Jenna Lynn Riley has filed a joinder to the motion. The motion to compel is GRANTED. The Court GRANTS Defendants' request for monetary sanctions in the amount of $1,060. Plaintiff shall pay $1,060 to Defendants Averbuck and Hale within 30 days' notice of this order. I. Underlying Facts Plaintiff have filed a complaint based on injuries allegedly sustained due to Defendants' automobile bike rack causing P...

Excerpt: ...a, Defendant's Chairman and Director. Pursuant to the stipulation between the parties, this matter is CONTINUED to June 29, 2022, at 3:00 p.m., in Department 16. 2. Motion to Compel Compliance with Subpoena This matter is also on calendar for the motion of Defendants MBK Senior Living, LLC; MBK Real Estate, LLC; Muirwoods MSL, LLC; MSL Community Management LLC; MSL Holdings IX LLC; Muirwoods Memory Care; and Jamie Gralund (“Defendants”) for a...

Excerpt: ...ry relief and alleging breach of contract and breach of fiduciary duty by Defendant Duggan and, as nominal defendants, the Partnership and Kelly Moffat (“Defendant Moffat”) (collectively “Defendants”). The Partnership was formed in November 1997 by the Agreement of Limited Partnership (“Agreement”). After the original co-General Partners passed away Defendant Duggan became General Partner, and the Limited Partners were Plaintiff, Defe...

Excerpt: ...fter orders to compel were entered pursuant to CCP § 2031.300. Plaintiffs move under CCP §1008, which reads in relevant part: (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, ...

Excerpt: ...redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and after receiving public comments, Respondent on April 13, 2021 issued both its responses to comments and its notice that it approved the Project and the THP. Petitioner contends that Respondent failed...

Excerpt: ...l sign the proposed order. A motion by plaintiff can be made on the grounds that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (CCP § 438(c).) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice....

Excerpt: ...action for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) with the fifth through eighth causes of action for: 5) Com...

Excerpt: ... Court's April 20, 2022 ruling provided: In order to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in or...

Excerpt: ...ar at the request of the moving party. The Motion to Compel Further Responses from American Home Assurance Company to Zurich's Request for Production of Documents, Set One is GRANTED. Facts Plaintiff complains that it provided liability insurance coverage for Wright Contracting, Inc. (“Wright”), a general contractor on a construction project for Lynmar Winery, LLC (“Lynmar”) at 3909 Frei Road, Sebastopol (“the Project”), Lynmar sued W...

Excerpt: ... 20, 37, 39, 40. The demurrer is sustained, with leave to amend, as to all other defenses. Benchmark has leave to amend within 10 days of the service of the notice of entry of this order. Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiff complains that she entered into contacts with Defendants The Kohan Group, Inc. (“Kohan”) and Barber Construction, Inc. (�...

Excerpt: ...rial resetting. I. Procedural History Plaintiff filed a notice of conditional settlement on November 15, 2021, purporting to settle the case. The parties appeared for trial on November 17, 2021. At the trial, the parties agreed to continue the matter, but Defendant voiced that he was withdrawing from the settlement because he could not make the required payments. The Court continued the matter to February 16, 2022, for the parties to confer as to...

Excerpt: ...pon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: [¶] (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.” If the Court orders summons to be published, it must be published in the newspaper ...

Excerpt: ...ion to appoint a receiver, namely Michael Brewer, to seize and sell liquor license number 581854 to satisfy the Judgment. Appointment of a receiver is generally controlled by CCP §§ 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under C...

Excerpt: ... of action. Cal. Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is SUSTAINED WITH LEAVE TO AMEND. I. Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be granted where the complaint's defect can be cured by amendment. The Swahn ...

Excerpt: ...nd failed to engage in the interactive process. On April 20, 2022, Michael Miller was appointed as a discovery facilitator in this case. He participated in a conference with the parties and has filed his report. The Court thanks Mr. Miller for his service. The motion is GRANTED. Within 15 days of the service of this order, Defendant is ordered to provide the name, position, and date of hire of all employees Defendant hired, reassigned, and/or pro...

Excerpt: ... order, without any further objections. Defendants Darin Shropshire and Toe-Hold Land Company are ordered jointly and severally to pay Plaintiff $2,397.00 in monetary sanctions within 30 days of service of notice of entry of an order. Since the proposed order submitted by Plaintiff is not entirely in conformity with the Court's ruling, Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling. In light of...

Excerpt: ...on. AFS is ordered in any future filings in this case to redact Plaintiffs' names and personal information. The Court hereby orders Exhibits 1 through 3 to the declaration of Peter F. Finn to be placed under seal. Any party may obtain discovery, subject to the condition in controversy rule, by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the lega...

Excerpt: .... On February 18, 2022, Defendant filed two separate, but substantively identical, Motions to Compel and Request for Sanctions against Plaintiffs. Defendant provides the declaration of her attorney Ken Jorgensen and attached exhibits in support of the motions. In attorney Jorgensen's declaration, he states on November 1, 2021, his office propounded to Plaintiffs, by mail, Form Interrogatories, Special Interrogatories and a Request for Production ...

Excerpt: ...rmers Insurance Group (“Farmers”) and insurance agent Brian Hunsaker (“Hunsaker”) breached their duties by failing to provide him with adequate insurance coverage for his real property and home (“the Property”) so that after the Tubbs Fire (“the Fire”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy�...

Excerpt: ...ceedings, seeking to enforce the Arbitration provision included in the employment offer letter sent to, and signed by Plaintiff. The letter was also signed by the General Manager of Defendant Leisure Care. Plaintiff claims that the arbitration clause of the offer letter is procedurally and substantively unconscionable. However, the Court finds that the Arbitration clause is enforceable and Defendants' petition should be granted. “The party seek...

Excerpt: ... in real estate and agreed to purchase together real property at 473 Church St., Sonoma (“the Sonoma Property”) with plaintiff starting at 33% interest on an agreement that his interest would be increased to 50%, but Defendant has failed to fulfill her obligations as promised. He claims that Defendant refinanced the Sonoma Property but failed to increase Plaintiff's interest as promised and instead took the money for herself, breaching their ...

Excerpt: ... the property because Rudra has defaulted on the loan and has failed to cure the default despite two separate notices of default. The application is GRANTED. Defendant's bond is set at $400,000. At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property; and, (2) the undertaking requirements of Section 515.010 a...

Excerpt: ...mplaint alleges that on March 5, 2020, Plaintiff leased a 2019 Volkswagen Atlas from Defendant. Plaintiff alleges that Defendant violated the Song-Beverly Consumer Warranty Act by failing to conform the vehicle to the express written warranties within a reasonable number of repair attempts or within the warranty periods, and by failing to promptly replace the vehicle or make restitution to Plaintiff. Plaintiff's fourth cause of action for Violati...

Excerpt: ...hout leave to amend on the basis of res judicata, the statute of limitations, and Plaintiff's failure to state a cause of action against Keysight. Defendant HP now demurs to Plaintiff's complaint asserting that her claims are barred by the doctrine of res judicata and the statute of limitations. The Court appointed a Demurrer Facilitator in this matter, who met with the parties and provided a recommendation to the Court. The Demurer Facilitator r...

Excerpt: ...repair, including violations of the Song-Beverly Consumer Warranty Act (“Song-Beverly”) at Civil Code (“CC”) section 1790, et seq. On January 5, 2022, Plaintiff filed a notice of conditional settlement of the entire action. Motion Plaintiff now moves the court for an award of attorneys' fees, costs, and other litigation expenses. She contends that she is the prevailing party on her claims pursuant to CC section 1794(d) because she obtaine...

Excerpt: ... of the 479 class members have been so far found to be undeliverable, one class member submitted a dispute which was resolved, one has opted out, and no member has objected. Facts and History Plaintiff complains that when Defendant employed him as a “Cellar Associate” from about April 2018 until terminating him on or about November 4, 2019, Defendant violated several provisions of the Labor Code by failing to provide accurate wage statements,...

Excerpt: ...ons or that she has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. Plaintiff's unopposed request for judicial notice is GRANTED. The legal effect of the court's order deeming matters admitted is judicially noticed. A plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the a...

Excerpt: ...es when Defendant applied for, received, and used the credit card account. (UMF, 2.) After receiving the credit card, Defendant made various purchases of goods, services, and/or cash advances on the account. (UMF, 3.) Record of Defendant's charges to the credit card account were kept track of electronically and sent to Defendant in the form of monthly billing statements. (UMF, 4.) There is no record that Defendant asserted a valid objection to an...

Excerpt: ...ddition, the proposed FAC will remove allegations of wrongdoing that have been corrected. The motion is GRANTED. The additional allegations added to the proposed FAC are that Defendant improperly accepted a $50,000 loan from a board member without disclosing it; the decision to accept the loan was approved by only two out of three board members, including the board member who made the loan. Plaintiff alleges in the proposed FAC that the loan most...

Excerpt: ...io are referred to herein as “Plaintiff.” On October 5, 2020 Plaintiff filed the presently operative Third Amended Complaint (“TAC”) against defendants Empire Building and Restoration, Inc. (hereinafter “Empire” or “Defendant”), Nationwide Insurance, AMCO Insurance Company, and Francisco Vega arising out of a fire on January 7, 2014 which destroyed the third floor and damaged most of the second floor of Caetano's home (the “Fire...

Excerpt: ...ed below. Plaintiff served his Request for Production, Set Two, on defendant KFH on December 16, 2021, by email. (Hirsch Decl., ¶4, Exhibit A.) Plaintiff's Request for Production of Documents, Number 32, seeks: The employment applications of each applicant YOU HIRED FOR THE 4 POSITIONS PLAINTIFF APPLIED FOR DURING THE TIME PERIOD OF JANUARY 2019 THROUGH MAY 2019, INCLUDING (1) WORKPLACE SAFETY SPECIALIST (SANTA ROSA HOSPITAL); (2) SUPERVISOR, AD...

Excerpt: ...has trespassed on Plaintiff's Property by excavating 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”...

Excerpt: ...a result of Defendants' negligence and failure to maintain the Premises in a habitable condition in compliance with applicable codes, and that for a period of time the conditions were such that they were barred from entering or using the Premises. Discovery Defendants served Plaintiffs on April 10, 2020 with a supplemental interrogatory and supplemental request for production, each asking Plaintiffs to review their responses to prior discovery an...

Excerpt: ...cision has in turn filed a cross- complaint (“PCC”) against Allcom Electric Inc. (“Allcom”) and North Coast Concrete, Inc. (“North Coast”) for breach of contract, indemnity, insurance, equitable indemnity, contribution, apportionment, and declaratory relief. Allcom has filed a cross-complaint (“ACC”) against North Coast for partial indemnity, full equitable indemnity, and declaratory relief, with additional causes of action agains...

Excerpt: ...nd production. The court also GRANTS the motion with respect to the request for an order to show cause and hearing re: contempt. The court sets the hearing on the order to show cause for June 15, 2022 in this department. Finally, the court notes that Plaintiff does not discuss monetary sanctions under the Discovery Act in the Notice of Motion, Motion, or Memorandum of Points and Authorities. Plaintiff does discuss and request monetary sanctions b...

Excerpt: ...thorization to debit the account and prevented Plaintiff form obtaining the funds due to it, breaching the Agreement. Plaintiff asserts a cause of action for breach of contract as well as common counts. On March 12, 2021, Plaintiff obtained the default of Defendant Matt Morgan Design, Inc. Plaintiff later served Defendants Matthew Morgan (“Matthew”) and Melissa Morgan (“Melissa”) each with a Set One of form interrogatories, special interr...

Excerpt: ...ocated at 3353 Mountain Home Ranch Rd in Calistoga. Plaintiff alleges that defendant Gold has wrongfully initiated foreclosure proceedings to make plaintiff wrongfully shoulder the burden of all losses caused by the 2017 Tubbs fire. Plaintiff alleges that it was PG&E's negligent maintenance that caused the Tubbs fire which led to damage and devaluation of Plaintiff's property. Plaintiff alleges such maintenance is so intertwined with the function...

Excerpt: ...led their opposition on April 14, 2022; however, their opposing papers were due to be filed seven days prior, on April 7, 2022 (9 courts days before the scheduled hearing date pursuant to CCP § 1005(b).) This week-long delay did not afford Plaintiff with an adequate opportunity to review their opposition and respond to it. Accordingly, the Court will not consider the defendants' late opposition. The Court's decision is also supported by the fact...

Excerpt: ... for the section 19955 claim. This must exclude any time claimed for appellate work or “meetings” with client and others for this court has now determined that Defendant, as a result of its singular failure to provide any clarification, is unable to demonstrate any such time that was not intertwined with unrecoverable claims. The court therefore denies the motion to recover any fees for appellate work or “meetings” with clients and others...

Excerpt: ...aintiff's attorneys (set at premium 2022 local rates); (2) unreasonable billing for multiple attorneys' time; (3) the Court's finding of no basis to award expert witness fees; and (4) the appropriateness of recovery for the reasonable costs of bringing this fees motion. Two other matters that the Court finally determined, but which the parties continue to contest, are: (1) that apportionment between Plaintiff's non-PAGA and PAGA claims is necessa...

Excerpt: ...he trust which owned the Property Plaintiff obtained a default against Defendants James K. Fife (“James”) and Dennis Fife (“Dennis”) on September 21, 2021 but in November 2021 the parties stipulated to setting aside the default as to James. Plaintiff on October 1, 2021 obtained the default of Defendant Steve Matysik (“Matysik”), as Successor Co-Trustee of the Mary Fife 1992 Trust but Plaintiff then dismissed the claims against Matysik...

Excerpt: ...action are uncertain and fail to state facts sufficient to constitute a cause of action. The demurrer is OVERRULED. Plaintiff's First Amended Complaint (“FAC”) alleges causes of action for premises liability, negligence, private nuisance, and public nuisance. The FAC alleges that Defendants own property at 820 Holly Avenue in Rohnert Park. Defendant Jose Chavez (“Chavez”) performed maintenance work on Defendants' property, including tree ...

Excerpt: ...result of an electrical shock from dangerous and negligently maintained electrical wiring. He later named PG&E as a Doe Defendant. The complaint and Doe amendment lack specific details regarding the circumstances, Plaintiff's work, or the nature of the wiring. On April 1, 2022, PG&E brought an ex parte application for an order shortening time (“OST”) for a motion for leave to file a cross-complaint. This court granted that application, settin...

Excerpt: ...s (“FIs”) against Responding Defendant under Code of Civil Procedure (“CCP”) § 2030.300, and for Plaintiffs' motion to compel production of documents (“RPODs”) from Responding Defendant under CCP § 2031.310. Responding Defendant served supplemented discovery responses on February 14, 2022. When a party serves response after a motion to compel is filed, the court maintains jurisdiction within its discretion to determine whether the a...

Excerpt: ...he motion to deem requests for admissions admitted is DENIED as Defendants provided responses prior to the hearing on the motion. However, sanctions are mandatory and are imposed in the amount of $2,500 jointly against Defendants and defense counsel. This Court's proposed tentative ruling for April 13, 2022, required Defendants to serve Plaintiff with verified responses, without objection, prior to the hearing on this motion or Plaintiff's Reques...

Excerpt: ...16, 2022, and was continued to allow Petitioner to provide additional information that the North Bay Bohemian has not undergone significant changes since its time as The Sonoma County Independent. The Petition is DENIED. Gov. Code section 6024(1) allows a decision and judgment adjudicating a newspaper as one of general circulation to be vacated, modified or set aside by the court on its own motion, or on the motion of any person, whether a party ...

Excerpt: ... the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Melnyk v. Robledo (1976) 64 Cal. App. 3d 618, 624.) There is no requirement that copies of bills, invoices, statements, or any other such documents be attached to the memorandum. Supporting documentation must be submitted only if costs have been put in issue by a motion t...

Excerpt: ...�). They contend that after the Loss, pending reconstruction of the Home, at 6461 Foothill Ranch Road, Santa Rosa, they decided to purchase an investment residential property at 1827 Creekside Road, Santa Rosa (“the Creekside Property”) and to live in it until their Home was rebuilt. They claim that they discussed the insurance options with Defendant's agents and determined that they would live in the Creekside Property, instead of renting it...

Excerpt: ... 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 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 ...

Excerpt: ...e the hearing on this motion and stay all proceedings until the United States Supreme Court issues a decision in the matter of Viking River Cruises, Inc., v. Moriana, which will determine whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA. For the reasons stated below, the motion is DENIED. 1. Complaint Plaintiff's compla...

Excerpt: ...mary adjudication of the Fifth Cause of Action in favor of Isabel Banuelos, Patricia Bekkendahl, Nicanor Carranza, Luisa Cordero, Salomon Cruz, Eduardo Escamilla, Dennis Fischer, Rosaura Hernandez, Edgar Jara-Cano, and Bruce Martin is DENIED. Plaintiffs Lidia Garcia, Ofelia Garcia, and Jose Cardenas withdrew their motion for summary adjudication of the Fifth Cause of Action. Plaintiffs' request for judicial notice is GRANTED. Defendant's request ...

Excerpt: ...dmission (“RFAs”). The parties were previously ordered to submit supplemental briefing. The parties requested a continuance to allow for mediation. The Court granted the request for continuance to the current hearing. No supplemental briefing was submitted, and the Court therefore rules on the motion according to the submitted papers. The Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within fift...

Excerpt: ...as explained below. Plaintiff complains that when she was an employee of Defendants Fernando Ortiz Luna dba Luna Vineyards Management (“Luna”) and La Prenda Vineyards Management, Inc. (“La Prenda”), her supervisor, Defendant Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras...

Excerpt: ... the date of the service of a signed copy of the award on the petitioner.” (Italics added.) Pursuant to CCP § 1286.4, the Court may not vacate an arbitration award unless the petition requesting that it be vacated “be duly served and filed.” Proper service of the petition to vacate arbitration award establishes the Court's personal jurisdiction over the respondent. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1203.) In order for a petition...

Excerpt: ... to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in order that] the traditional notions of fair play an...

Excerpt: ...Code of Civil Procedure (“CCP”) § 2030.300, and for Plaintiffs' motion to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310 The each of the motions is GRANTED. I. Relevant Law 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 b...

Excerpt: ...d money lent or paid out or had and received. Plaintiff moves the court for summary judgment or, in the alternative, summary adjudication, in its favor on its complaint against Defendant, arguing that the evidence establishes undisputed facts supporting its causes of action and there is no defense. Despite proper proofs of service demonstrating complete and proper service and notice of all moving papers and the specific hearing information, there...

Excerpt: ...his matter is on calendar for Defendant's Anti-SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16. The Anti- SLAPP Motion is GRANTED. I. The Complaint Plaintiff Young, Plaintiff Lynn and Defendant live within the same housing complex, the Woodlands. Plaintiff Young was appointed President of the Woodlands Homeowner's Association (“Woodlands HOA”), of which Defendant was a member. The Complaint alleges that Defendant s...

Excerpt: ...are the successor trustees of the trust which owned the Property. Defendants failed to answer so Plaintiff obtained a default against Defendants on November 22, 2021. Plaintiff now moves the court to enter Default judgment and Permanent Injunction and for Money Judgment for Costs, Fees, and Delinquent Civil Penalties against Defendants. It has submitted a completed CIV-100 form for default judgment with the moving papers. CCP section 585(b) gover...

Excerpt: ...rty, as well as being the owners prior to Lawndale's ownership. The Judgement requested in this motion would include an order permanently enjoining Lawndale, and their agents and assigns, from maintaining ongoing violations of the Sonoma County ordinances and the unlawful use of the property. The County filed the underlying Complaint on October 7, 2021 for injunctive relief related to multiple public nuisances on the Property. The County substitu...

Excerpt: ...laintiff alleges that the Defendants are the successor trustees of the trust which owned the Property. Plaintiff obtained a default against Defendants James K. Fife (“James”) and Dennis Fife (“Dennis”) on September 21, 2021 but in November 2021 the parties stipulated to setting aside the default as to James. Plaintiff on October 1, 2021 obtained the default of Defendant Steve Matysik (“Matysik”), as Successor Co-Trustee of the Mary Fi...

Excerpt: ...liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939; Mabie v. Hyatt (1998) 61 Cal. App. 4th 581, 596 (citing text); Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428.) The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is e...

Excerpt: ... alleging one cause of action for general negligence and one cause of action for premises liability. (Statement of Undisputed Facts “SOF”, 1.) The moving party, RHA Builders, Inc. (“RHA”), were subsequently named as Doe 3 to the Complaint. (SOF, 2.) Plaintiff alleges in her Complaint that on December 19, 2016, she was injured at the Sandman Hotel located at 3421 Cleveland Avenue in Santa Rosa. (SOF, 3.) On September 3, 2016, 3421 Clevelan...

Excerpt: ...with leave to amend and the action is thus stayed pending resolution of the other action, as explained herein. Plaintiff has leave to amend. The order staying the action on the basis that there is another action pending stays all proceedings in this action at this time except for Plaintiff's right to file an amended complaint. If Plaintiff does so, then the court will revisit the issue of the stay should the issue again be brought before the cour...

Excerpt: ...d under the circumstances, as explained herein, Plaintiff is entitled to the request monetary sanctions of $4,000. The court therefore awards this amount to Plaintiff, against Defendants and their attorney. A. Procedural Posture Plaintiff complains that it entered into an agreement by which it purchased $450,000 of the future receipts of Defendant ABC Landscaping & Excavation, Inc. (“Company”) with Defendant Donald Ray Carter (“Carter”) e...

Excerpt: ...erified responses to Plaintiff's form interrogatories, special interrogatories, and requests for production of documents, set one. Plaintiff also moves for an order deeming the truth of all matters specified in her request for admissions, set one. The motions are GRANTED. Sanctions are imposed in the amount of $2,500 jointly against Defendants and defense counsel. Additionally, unless Defendants serve Plaintiff with verified responses, without ob...

Excerpt: ...One), Special Interrogatories (Set One), and Request for Production of Documents (Set One). Defendant's responses were initially due on September 28, 2021, but the parties agreed to two extensions of time. So, Defendant's responses were ultimately due on October 19, 2021. On October 19, 2021, Defendant served timely responses to each of Plaintiffs' discovery requests. However, Defendant's responses consisted of only blanket boiler- plate objectio...

Excerpt: ...ure section 3295. “Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will preva...

Excerpt: ...een openly and notoriously using the Accessory Lot since 2000 under a claim of right and that they also purchased the Accessory Lot on about July 28, 2008 from one Dale Shaw (“Shaw”). They also claim to have paid all taxes since purchasing the lot. Plaintiff's Property and the Accessory Lot are part of the Ocean View Tract (“the Tract”), allegedly subdivided in 1919. Plaintiffs contend that the owners of the Accessory Lot at the time of t...

Excerpt: ...ortions of the FAC relate to punitive damages, litigation conduct, and Plaintiffs' settlement of claims against other insurers. The motion is DENIED. As alleged in the FAC, former defendant Westport Insurance Corporation (“Westport”) is an insurance company engaged in the business of selling insurance contracts, including in the State of California. (FAC, ¶20.) Liberty Mutual Fire Insurance Company (“Liberty Mutual”) and Ironshore Indemn...

Excerpt: ...he “Crossing”). This matter is on calendar for the motion filed by the County for a motion to compel answers to form interrogatories (“FIs”). The County has withdrawn its requests as to Interrogatory 17.1 to RFAs 15, 19, 25, and 26. As to all other requests, the Motion is GRANTED. Petitioner shall serve verified code-compliant responses within thirty (30) days of notice of entry of the order on this Motion. Petitioner shall pay $1,656 in ...

Excerpt: ...ons are DENIED. In his complaint, Plaintiff alleges he sustained a work-related injury in November 2018. Despite work restrictions required by his health care provider, Plaintiff was made to do work that exacerbated his injury. He went out on leave and when his FMLA/CFRA leave was up, Defendant terminated his employment. Plaintiff alleges causes of action for disability discrimination, failure to provide a reasonable accommodation, failure to eng...

Excerpt: ...DENIED. In her complaint, Plaintiff Paula Verke (“Plaintiff”) alleges that Defendants negligently and carelessly owned, maintained, controlled, managed, operated, and failed to inspect the premises in the vicinity of East Washington Street north of Sutter Street in Petaluma by failing to place cones or warning signs so as to create, cause, and allow a dangerous condition to exist. Specifically, Plaintiff alleges that ivy vines overgrowing ont...

Excerpt: ...t in Sonoma County case SCV-266046. Echelon requests that the Court sustain the demurrer without leave to amend as to the entire cross-complaint or to the first seven causes of action. The demurrer is SUSTAINED without leave to amend. The action is stayed pending resolution of the earlier-filed action. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the plead...

Excerpt: ...ate based on the need for additional time as a result of this order allowing leave to amend. The City of Santa Rosa (“City”) moves for leave to amend its cross-complaint and file a First Amended Cross- Complaint (“FACC”). It wishes to add a new cause of action for breach of contract. UPA opposes the motion, arguing that the City is improperly seeking to relitigate the court's April 13, 2021 order granting UPA's motion for summary judgment...

Excerpt: ... to the Crisis Stabilization Unit (“CSU”) operated by Defendant's Department of Behavioral Health Services (DBHS”), in order to receive supportive mental-health care, she was sexually assaulted and raped by a minor boy (“the Boy”) who was also a resident of the CSU. She alleges that she was suicidal and Defendant negligently allowed her to be in unsupervised contact alone with the Boy, who was free to be alone with her in a room and als...

Excerpt: ...f Santa Rosa (together with City, “Defendants”), and Does 1-10 for two causes of action requesting declaratory relief and a writ of mandate. This matter is on calendar for the motion by the Plaintiffs for summary judgment or in the alternative summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. Plaintiffs' Motion for Summary Adjudication is DENIED. I. Underlying Facts Plaintiff Rincon Valley owns and operates a mobileho...

Excerpt: ...y took it to Hansel for repairs, but Defendants have not remedied the problem or recalled or replaced the defective parts. Plaintiff's complaint alleges that at the time of purchase, he was provided with an express warranty from BMW. Plaintiff sued both defendants for negligent repair, alleging that Hansel was an authorized service and repair facility of BMW. In the first cause of action, plaintiff sued only BMW for violations of the Song-Beverly...

Excerpt: ...e the hearing on this motion and stay all proceedings until the United States Supreme Court issues a decision in the matter of Viking River Cruises, Inc., v. Moriana, which will determine whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA. For the reasons stated below, the motion is CONTINUED to April 20, 2022, at 3:00 p....

Excerpt: ...efendants or if Defendants have “any valid claims” against him. It alleges that Plaintiff was a print advertising customer of the AT&T yellow pages until about 2010 and that Defendants, who had AT&T's customer list, operated a “slamming” operation whereby they published an obscure publication online which lists the services of prior AT&T customers without the customers' knowledge or consent and then sells the purported debt for advertisin...

Excerpt: ... that he and Bliquez (collectively “the Parties”) own real property located at 849 G. Street in Petaluma (“the Petaluma Home”). In October 2003, the Parties signed and filed in Oregon a Certificate of Domestic Partnership, exchanged rings, made each other the sole recipients of their respective wills, gave each other a Power of Attorney, and referred to each other has husband and wife. They eventually had children together. In May 2013 th...

Excerpt: ...ng Facts The following facts are alleged in the complaint. Defendants Pamela and Ronald MacDonald own the Property that is the subject of this matter (“the Property”). Between December of 2014 and February of 2019, the Department of Permit and Resources Management (“Permit Sonoma”) issued several Notices and Orders on the property for violations of the Sonoma County Code (“SCC”). Such violations included junkyard conditions, failure t...

Excerpt: ...sts. The motions are DENIED. First, the Court addresses Petitioner's request to strike Respondent's opposition pursuant to Code of Civil Procedure (“CCP”) section 414.10. That section pertains to summons; thus, it is inapplicable to this motion. The request to strike the opposition is denied. I. Attorney Fee Motion The attorney fee motion is brought pursuant to CCP section 527.6(s), which provides: “The prevailing party in an action brought...

Excerpt: ...rd, Trustee, and Power of Attorney over the Property. On July 1, 2015, David Harris entered into a Land Lease Agreement (the “Lease”) with Curtis C. Murray (the “Tenant”) to rent the Property. On November 29, 2017, while the Lease was in effect, a fire occurred at the Property (the “Fire”). Plaintiff, who has adjoining property to that where the Fire occurred, brings this action to recover damages for personal injuries and injuries to...

Excerpt: ...s unlawful detainer action against Defendants alleging that it is entitled to possession and is the owner of real property located at 123 Nolan Court in Forestville (“the Subject Property”). Defendants are alleged to be the former trustor or a holdover occupant of the former trustor, who are currently in possession of and occupying the Subject Property. Plaintiff alleges that it owns the subject property by virtue of a foreclosure sale duly h...

Excerpt: ...mplete defense to causes of action by Plaintiff. The motion is DENIED. I. Facts Plaintiff alleges that on January 3, 2017, Plaintiff was legally on property located at 19323 Sonoma Highway, Sonoma, California 95476 (“the Property”). Defendants' Undisputed Facts (“DUF”) ¶ 1. On that date, Plaintiff alleges an uncovered and exposed interior bolt located at the Property caught on Plaintiff's pants while he was carrying material and/or other...

Excerpt: ...edurally defective, as explained below. However, if Petitioner intends for the Court to proceed to the merits of the Amended Petition (as it appears Respondent understood the case to be), the Court will hear argument on the merits and rule on the Amended Petition. Background Petitioner filed a Petition for Writ of Mandate on January 20, 2021, challenging the decision of the CA Employment Development Department which found Petitioner ineligible to...

Excerpt: ...action in the County of Sacramento but after filing the operative First Amended Verified Petition (“FAP”), it stipulated with the other parties to transfer the action to the County of Sonoma. The Project includes the five-year Special Events Permit (“the Permit”) to real party in interest (“RPI”) Transcendence Theater Company (“TTC”) and the five-year Operating Agreement (“the Agreement”) with RPI Valley of the Moon Natural Hi...

Excerpt: ...or Admission by Pamela Olson is granted in part, and denied in part as detailed below. The Motion to Compel Further Responses to Form Interrogatories by Pamela Olson is granted as detailed below. The Motion to Compel Further Responses to Requests For Production by Pamela Olson is denied as detailed below. Plaintiff/Cross-Defendant Sally Steinhart (“Plaintiff”) complains that Defendants/Cross-Complainants (“Defendants”), owning and operati...

Excerpt: ...lains that Defendants failed to properly repair the roof on her home, causing water damages. She also complains that the CC&Rs are enforceable equitable servitudes imposing a duty on Defendant Courtyard East Homeowners Association (“the Associations”) to maintain or repair portions of the Development, including the exterior portions of residences, roof, downspouts, and gutters, and yet has failed to do so properly, causing damage. Defendants ...

Excerpt: ... on August 10, 2021, accompanied by a declaration in support pursuant to CCP §1788.6 (a). The declaration reflected an amount due of $2,973.82, but the judgment requested $18,749.91. Plaintiff's judgment was signed by the court for the amount of $2,973.82, to reflect the declaration submitted by Plaintiff pursuant to CCP § 1788.6(a). Plaintiff filed the instant request to set aside the judgment due to the amount on the judgment being inaccurate...

Excerpt: ...ture On September 12, 2019 Petitioners filed a verified petition for writ of administrative mandate and complaint for declaratory and injunctive relief pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 1094.5 and 1085 against Respondents and Defendants the City of Petaluma and its Planning Division (“Respondents”) and Real Parties in Interest Scott Nelson and Cailin Nelson (“RPIs” or “the Nelsons”) (the “Petition”). The Petition s...

Excerpt: ...g, but not limited to, the factors for determining the conscionability of a fee set forth in Cal Rules of Prof. Conduct 1.5(b) (former Rule 4–200) and all of the following (see Welf & I C §15657.1):  The value of the abuse-related litigation in terms of the quality of life of the elder or dependent adult, and the results obtained.  Whether the respondent took reasonable and timely steps to determine the likelihood and the extent of liabi...

Excerpt: ...ons to the Declaration of Tim Duke are overruled. Underlying Facts: Petitioner, Nicholas Bettencourt, holds a Zoning Permit that allows the cultivation of cannabis at the property of Joanne Bettencourt, Real Party in Interest, which Petitioner leases from Real Party for this purpose. (COS 00003; 00109.) The permit was issued on September 16, 2020 and expired September 16, 2021. (COS 00003.) According to the Ordinance, one of the express condition...

Excerpt: ...tter is on calendar for Defendant's motion to strike Private Attorney General Act (“PAGA”) allegations from the Complaint pursuant to CCP §§ 435 and 436 et seq. The motion to strike is DENIED in part and GRANTED in part. I. Legal Standards Generally, 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...

Excerpt: ...Defendants' motion to disqualify Plaintiffs' counsel for the Estate under Code of Civil Procedure (“CCP”) § 128. The motion is DENIED. I. Facts and Procedure The Complaint 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 clai...

Excerpt: ...y note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. 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. Defendants shall pay $1,590 in sanctions to Plaintiffs within 30 days' notice of the Court's ru...

Excerpt: ...breaks, or furnish accurate wage statements. Plaintiffs were employed as truck drivers, some of whom worked on the Paradise Fire Cleanup (“the Paradise Subclass”). Before the court isPlaintiffs' Motion for Preliminary Approval of Class Action Settlement. Contending that the parties have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims, they seek preliminary approval of the Sett...