Excerpt: ...ndant, BGCA and BGSV, "Defendants") along with Does 1-100, arising out of alleged sexual abuse and vicarious liability thereon. This matter is on calendar for BGSV's motion to strike the request for punitive damages from the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conform...

Excerpt: ...egal Standard CCP S 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 performance in full of th...

Excerpt: ...ice of motion states that Plaintiff seeks to appoint Michael Brewer as the receiver; however, the memorandum and declarations filed in support of the motion make clear that Plaintiff seeks to appoint Landon McPherson as the receiver. Appointment of a receiver is generally controlled by CCP SS 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code ("CCP") S 699.720(a)(1)), and t...

Excerpt: ...ing is GRANTED. Plaintiff John Doe ("Plaintiff") alleges in his complaint that Defendant operated a facility for the care of sexually and physically abused school age boys. (Complaint, 93.) Plaintiff alleges that he resided in Defendant's "Hurlbut" house, that Defendant hired Patrick Royce Gray ("Gray"), and that during Plaintiff's stay at the Hurlbut house, Gray "groomed" Plaintiff and sexually molested him. (Complaint, "4, 9, 11, 15, 16.) In 20...

Excerpt: ... the vehicle as required under the Warranties. They specifically allege that they both together purchased the Vehicle, received the Warranties, presented the Vehicle for repairs, and have been damaged. Comp., "7- 8, 11-12, 17-19, 26, 32. Plaintiffs assert that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") pursuant to Civil Code ("CC") secton 1790, et seq. Motion Defendant moves the court for judgment on the ...

Excerpt: ...with a conditional notice of settlement of the entire action. On March 21, 2022, the court entered an order dismissing the action pursuant to the Settlement and stating that the court retains jurisdiction pursuant to Code of Civil Procedure ("CCP") section 664.6. Motion Plaintiff moves the court to enter judgment on the terms of the Settlement, asserting that Defendants has defaulted and not paid the money agreed in the Settlement. When a party s...

Excerpt: ...of $20,645.75. This achon was filed by Plaintiff as a result of his default on a real estate loan and Defendant's foreclosure of Plaintiff's real property. As recorded in a secured promissory note, Plaintiff's prior company, Profit Recover Center LLC ("PRC"), borrowed from Defendant the principal sum of $350,CM, and agreed to repay that amount with interest at the rate of 14% per annum. (FAC, Exhibit A.) The note was personally guaranteed by Plai...

Excerpt: ...e doctrine of laches. Cross-Defendants also demur to the second cause of action on the basis that it fails to state a cause of action. The Court notes that Cross-Defendants did not file a reply to Cross-complainants' opposition to this moton. Legal Standard A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberall...

Excerpt: ...acts sufficient to constitute a cause of action. The Court previously sustained a demurrer by FATC to this same cause of action, with leave to amend. Plaintiffs subsequently filed an amendment to the original complaint which alleges facts to support the cause of action against FATC The complaint was originally devoid of any factual allegations to support the negligence cause of action against FATC. Plaintiffs have now alleged that FATC breached i...

Excerpt: ... harassed and discriminated against based upon her Mexican heritage and as a result of disclosing to her supervisors her diagnosis of borderline personality disorder ("bpd"). On or about March 7, 2023, Kaiser served a deposition subpoena and a notice to consumer seeking the production of employment/personnel records from Serenity Bean Therapy, Plaintiff's current employer. The subpoena seeks all documents/communications related to Plaintiff's job...

Excerpt: ... Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). Plaintiff purchased a 2022 Ford F-150 (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration of Trina M. Clayton in Support ("Clayton Dec...

Excerpt: ...e at 5775 Bluegate Rd., Santa Rosa ("the Property"), Defendants negligently caused a large chunk of concrete to strike Plaintiff in his back, causing injuries. He adds that this resulted from the negligent operation of a concrete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterpr...

Excerpt: ...ve the notce of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Alleging that they are married and owned several pieces of real property (the "Property"), Plaintiffs complain that Defendants fraudulently induce them to enter into short-term loan agreements (the "Loans") with balloon payments (the "Payments") secured against the Properties, in order to cause Plaintiffs to default so that Defend...

Excerpt: ... NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege that Plai...

Excerpt: ...tce of hearing on Respondent but Respondent never appeared. This court granted the petition on January 5, 2023, and entered judgment in favor of Petitioner on February 21, 2023. The order and judgment state that Petitoner requested pre-judgment interest and attorney's fees and costs as part of the petition. They state that Petitioner may file post-judgment motions to determine an award of pre-judgment interest and pre-judgment attorney's fees and...

Excerpt: .... Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption; (c) agency; (d) veil-pier...

Excerpt: ..., 2023. The Motion is RESOLVED. Plaintiff's request for sanctions is CONTINUED to June 23, 2023 at 3:00 pm in Department 19. Plaintiff's request for issue, evidence, and terminating sanctions are DENIED. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts t...

Excerpt: ...nding completion of arbitration. This action was filed as the result of an automobile accident pursuant to which Plaintiff John W. Alger ("Plaintiff") sustained serious injuries. At the time of the accident, Plaintiff had an insurance policy with CSAA which provided underinsured motorist coverage in the amount of $100mo. On March 1, 2022, Plaintiff settled his claim against the underinsured Motorist for $15,0W.OO, the limit of her insurance polic...

Excerpt: ...compliance with a subpoena, the moving party must first establish that the subpoena was properly served. Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (CCP S 2020.220(c).) Here, Shimadzu has not provided proof of service for any of the subpoenas that are the subject of t...

Excerpt: ...substantially impair fts use, value, and safety. Plaintiffs allegedly brought the Vehicle for maintenance or repair to Defendant Victory Auto Plaza, Inc. ("Victory"), an authorized repair facility for GM, but Defendants have failed to cure the defects and nonconformities, or reimburse Plaintiffs for the Vehicle price. Plaintiff asserts that Defendant's conduct violates the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC"...

Excerpt: ...310. The motion is GRANTED in part and DENIED in part. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an obj...

Excerpt: ... the $60 motion fee. In reply, Defendant requests sanctions be increased to $2,895.00. Defendant's motion to compel further responses to its form interrogatories and request for admissions, number 3, is GRANTED. The motion to compel further responses to Defendant's special interrogatories and requests for production of documents is DENIED. Sanctions are granted in the amount of $1,610.00. This is a malpractice action. Plaintiff alleges that he re...

Excerpt: ...n of Documents, Set One, numbers 3, 5, 7, and 9. Plaintiff requests sanctons in the amount of $2,060.00 on each moton. The motion is GRANTED. However, the court will order the parties to confer about the details of the Belaire-West process, including the timing and content of the notice to class members. The court will set a Case Management Conference for June 27, 2023, at 3:00 p.m., in Department 16, to allow the parties to report their agreed o...

Excerpt: ...rial date of February 16, 2024 is vacated. The Court will sign the proposed orders lodged with the moving papers. This matter arises out of a contract for the sale of a vehicle by Defendant Hansel Ford to Plaintiff. Defendant Ford Motor Company manufactured the vehicle. Plaintiff alleges several causes of action including, violations of Civil Code S 1793.2, breach of the implied warranty of merchantability, and negligence per se. Defendants move ...

Excerpt: ...declaratory relief, and unfair business practices. The FAC alleges that Freeman is an auto dealership located at 2875 Corby Avenue in Santa Rosa and that hired defendant Northwest General Engineering, LLC ("Northwest") in 2018 to excavate, clear, haul away, and dispose of construction spoils. (FAC, 95.) Northwest specializes in grading, paving, and underground site work. (FAC, 96.) Plaintiff alleges that Northwest contracted with Toby's Trucking,...

Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...

Excerpt: ...red into a written agreement (the "Agreement") to pay Plaintiff the amounts stated in the Agreement while Defendant, president of Borrower, entered into the written Guaranty as personal guarantor of Borrower to pay Borrower's debt in the event that Borrower defaulted on its payment obligations. Plaintiff alleges that it has performed or been excused from performance. It also alleges that Borrower was formally dissolved as of December 16, leaving ...

Excerpt: ...gency, but which were legally prohibited by the price-gouging statute, Penal Code ("PC") section 396; and 2) the third cause of action fails because Plaintiffs have no legal right to "recoup" rental increases which they claim to be "lost" during the declared state of emergency, but which were legally prohibited by the price-gouging statute, PC section 396. The court finds that Defendants have met their burden on both issues, as explained below, a...

Excerpt: ...This matter is on calendar for the moton by Scoble and Schaefer under California Code of Civil Procedure ("CCP") 1987.1 to quash production of documents under subpoenas by Plaintiff served upon non-parties Conner & Winters, LLP ("CW LLP") and JP Morgan Chase Bank ("JP Morgan") under CCP S 1985.3. Governing Law Although Code of Civil Procedure section 1985(b) states in part that "an affidavit shall be served with a subpoena duces tecum issued befo...

Excerpt: ...ndum of Points and Authorities in support of Motion ["Plaintiff's Motion"], 2:13-18.) On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the terms of the parties' agreement. (Plaintiff's Motion, 3:15-23.) The Settlement Term Sheet stated that Defendants agreed to list for sale their real property located at 4401 Price Avenue, Santa Ros...

Excerpt: ...lity to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC ("USILLC"), which is allegedly owned by Defendant LISI Advantage Corp. ("USIAC"). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions purporting to restrict their abili...

Excerpt: ...seeks to modify these orders to allow introduction of evidence regarding litigation (San Francisco Superior Court, Case No. CG-21-592997, hereinafter the "Wolfgang Acton") between Smash and Wolfgang Operations, LLC ("Wolfgang"), who manufactured Smash's products within their facility. Smash alleges in the Complaint that Tanis interfered with their contractual relations with Wolfgang. See Complaint at 953, 955-957, and 965. Tanis now moves the Cou...

Excerpt: ...iff alleges that Defendant owes it money on a promissory note and security agreement (the "Note") by which Plaintiff provided funding in return for payments and a security interest in a 2004 Ford F250. It complains that Defendant has failed to pay the amount owed. On March 13, 2023, Plaintiff filed a proof of service for the summons and complaint showing substituted service on Defendant at 549 Alta Ave., Rohnert Park, CA 94928 on October 16, 2022...

Excerpt: ...f the Fair Pay Act (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") S 1281.2. Defendant's petition to compel arbitration is GRANTED. Evidentiary and Procedural Issues Defendant's contention that Plaintiff's opposition is late under CCP S 1290.6 is inadequate to cause the Court to disregard the Plaintiff's opposition. Defendant has ...

Excerpt: ... (Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523.) It is a remedy which must be narrowly applied. (ld. at 524.) Therefore, the modern policy is to restrict lis pendens. (See Hilberg v. Sup.Ct. (Mendrin) (1989) 215 cal.App.3d 539, 542.) Only a "real property claim" can support a lis pendens. (CCP S 405.1.) A lis pendens "claimant" is "a party to an action who asserts a real property claim and records a notice of the pendency of the action." (...

Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...

Excerpt: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...

Excerpt: ...e parties dispute the suffciency of the meet and confer efforts regarding this motion. "A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (CCP S 430.41; Dumas v. Los Angeles County Bd. Of Supervisors (2020) 45 Cal.App.5th 348, 355.) Accordingly, the Court does not sustain the demurrer on this basis. Procedural History: This matter involves a long and complicated...

Excerpt: ...ED. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiff was deprived of rest breaks and/or was not provided timely rest breaks, and alleges on information and belief that these policies were also enforced on other employees. The Complaint c...

Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...

Excerpt: ..."RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to t...

Excerpt: ...ut that the Vehicle was defective and Defendants failed to repair or replace the Vehicle or refund the purchase price. She alleges that Defendants provided warranties ("the Warranties") for the Vehicle and knew that the Vehicle was defective and dangerous. On May 27, 2020, as Plaintiff was driving the Vehicle up her driveway, the Vehicle began to smoke so she left the vehicle, leaving her personal possessions in it, before the engine of the Vehic...

Excerpt: ...nd failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaintiff with a deposition notice setting her deposition for July 20, 2022, but Plaintiff failed to appear, so Defendant re-noäced the deposition for September 6, 2022, and Plaintiff again failed to appear. Van Zandt Dec. in support of Motion to Compel Deposi...

Excerpt: ...dmissions ("RFAs") admitted under CCP S 2033.280. The unopposed Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions admitted is GRANTED. Defendant shall pay $860 in sanctons to Plaintiff within thirty (30) days of notice of entry of the order on this Mohon. Governing Law Regarding the Fls, a party...

Excerpt: ...c facts show-ng 'good cause' justifying the discovery sought by the demand." (CCP Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of show-ng 'good cause' simply by showing that the requested documents are relevant to the case, i.e., that it is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence under CCP S 2017.010. (See al...

Excerpt: ..."MBSR"). On June 2, 2022, defendants MBSR and Mercedes-Benz USA, LLC ("M8," together "Defendants") moved to compel arbitration of the matter under the parties' lease agreement. On August 17, 2022, the court granted Defendants' motion and ordered the parties to arbitration. Plaintiff filed this motion on March 13, 2023, stating that Defendants have failed to respond to Plaintiff's arbitration request. This motion is brought pursuant to CCP section...

Excerpt: ...enjoining Defendant from maintaining any building or septic violation, or conduct any activity or use upon the Property contrary to the ordinances of the County of Sonoma; and 2. the order to: A) abate the code violations ; and 8) schedule inspection with the County entity, Permit Sonoma, to confirm the abatement of those violations. Plaintiff is required to serve the order granting this Motion, and the underlying moving papers and the underlying...

Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...

Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...

Excerpt: ...NIED. II. Applicable Law CCP S 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 performance in...