Excerpt: ...trial setting conference for May 13, 2021. At the trial setting conference, Plaintiff failed to appear. The Court continued the matter to the Order to Show Cause calendar set for July 22, 2021. The May 13, 2021 minute order was mailed to Plaintiff's counsel at 1401 Dove Street Suite 450, Newport Beach, CA 92660. Plaintiff failed to appear at the July 22, 2021 hearing, and the Court accordingly dismissed the matter without prejudice. Plaintiff fil...

Excerpt: ...he FAC (“Answer”) to assert new affirmative defenses pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(a)(1) and § 576. The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may b...

Excerpt: ...perty to Defendant Tuan Q. Phan (“Phan”) at public auction of the Property which the County conducted to collect delinquent taxes. In May 2019, this court granted the County's motion for judgment on the pleadings. By that time, Defendant had rescinded the sale and neither it nor Phan claimed any interest in the Property, and this court found that the circumstances rendered moot the quiet title cause of action. The court also found that the cl...

Excerpt: ...uthority for it to be applicable. The Court also declines to take judicial notice of the deposition excerpts of Plaintiff Brandon Carneiro. CCP § 438(d) limits the Court's review on a motion for judgment on the pleadings to that which is apparent on the face of the challenged pleading or a matter which the court is required to take judicial notice. Furthermore, the Court may not judicially notice deposition testimony because it is evidence that ...

Excerpt: ...iability under Govt. Code section 815.6. Defendant 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 in her first amended complaint (“FAC”) that she was employed by Defendant Servexo as a security guard at Charles M. Schulz-Sonoma County Airport (“STS”), ow...

Excerpt: ...ion of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) “Generally, leave to amend must be liberally granted (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939, 101 C...

Excerpt: ...s-defendant (Sweet Water); 5) Window Express, Inc., Defendant/cross-defendant (Window Express); 6) Serrano Stone & Plaster, Inc., Defendant/cross-defendant (Serrano); and 7) Panda Windows & Doors, LLC, Defendant/cross-complainants/cross-defendant (Panda). The motion of Panda Windows was filed only six court days before the hearing and is untimely. It is denied without prejudice. Plaintiffs have opposed the remaining motions, some on procedural gr...

Excerpt: ...tantial litigation since Plaintiffs filed it in June 2019. However, Plaintiffs filed a conditional notice of settlement of the entire action on October 21, 2021. Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) filed a motion for determination of good faith settlement regarding its settlement with John Doe 5. This court granted that motion on November 10, 2021. On January 11, 2022, Plaintiffs dismissed the claims against Defend...

Excerpt: ...lso, 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 conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43; see also, South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 7...

Excerpt: ...nt, and that Plaintiffs, as the Successors in Interest of Decedent, Sylvia Bracamonte, did not attach to the FAC a declaration under penalty of perjury establishing their standing to bring the action on behalf of the decedent, as required by CCP § 377.32. Plaintiffs filed a “Response” to the Defendants' motions in which they request leave of Court to file a Second Amended Complaint “to address the issues raised in demurrer.” In their res...

Excerpt: ...ught a Motion to Enforce Settlement in which they asserted that the parties entered into a written settlement agreement (“the Settlement.). They sought to enforce the Settlement between the parties and have the court enter judgment thereon, and recover attorney's fees and costs, arguing that Defendants had failed to perform. Defendants admitted that the parties entered into the written Settlement but contended that they had “substantially” ...

Excerpt: ...he Project”) in and for Defendant City of Santa Rosa (“City”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and comm...

Excerpt: ... of action for Violation of Song-Beverly Act section 1793.2. The motion is DENIED. The complaint filed by Plaintiff Michael Fortin (“Fortin”) alleges that on November 18, 2017, Fortin purchased a new 2018 Ford Fusion (“the Vehicle”) and that express warranties accompanied the sale by which Ford undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or p...

Excerpt: ...m or recalled or replaced the defective parts. Defendant moves the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration. It relies on an arbitration provision in the retail sales agreement between Plaintiff and Sanderson (“the Contract”). Plaintiff opposes the motion, arguing that Defendant admits that it is not a signatory to the Contract and that Defendant is not among those ...

Excerpt: ...D to May 18, 2022 at 3:00 p.m. in Department 18 for further ruling. Motion 1: Plaintiff's Motion to Compel Responses by Defendant Michael Hines to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion 2: Plaintiff's Motion to Compel Responses by Defendant James Mackenzie to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion...

Excerpt: ... for dismissal of a private condemnation claim under Civil Code § 1001 and that she has failed to provide any explanation of the basis of her costs so that Defendants cannot ascertain the reasonableness of said costs. The motion is DENIED. 1. Memo of Costs Plaintiffs/Cross-Defendants filed their Memorandum of Costs on December 16, 2021. The total costs are listed as $7,525 based upon the following: “Cross-Defendant Carol Groves Trustee of the ...

Excerpt: ... result of which Decedent was taken to the hospital facility of Defendants Kaiser Foundation Health Plan (“KFHP”) and Kaiser Foundation Hospitals (“KFH”) (collectively, “Kaiser”), where Kaiser employees negligently treated the condition, resulting in death on June 14, 2020. Plaintiff identifies the following causes of action: 1) general negligence against Satellite; 2) professional negligence; 3) breach of fiduciary duty; 4) gross neg...

Excerpt: ...mpact Fees”) but that Respondent must refund these pursuant to Gov. Code section 66001 (“section 66001”). Petitioner contends that Respondent must refund the Impact Fees because it did not make required 5-Year Nexus Study Findings (“the Findings”) and because “the funds are surplus funds not needed because the anticipated detrimental impact failed to materialize.” Petition ¶12. Originally, Plaintiff and Petitioner Norine T. Hamilto...

Excerpt: ...ion against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. (“CCP”) §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings must appear on the face of the challenged complaint or be based on facts which the court may judicially notice.” (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.App.4th 898, 911.) As relevant here, the es...

Excerpt: ...o disrespect is intended). The Complaint contains causes of action for: 1) general negligence against Austin for Austin's alleged tortious violations of Plaintiff's privacy rights; and 2) general negligence against Kimberly Hagel as Austin's mother and Moving Defendants as Austin's grandparents for alleged failure to exercise adequate reasonable care in preventing the cause of action pled against Austin. This matter is on calendar for Moving Defe...

Excerpt: ...exhaust their administrative remedies. The Board also argues that it did not proceed in excess of its jurisdiction, did not abuse its discretion by failing to proceed in the manner required by law, and its issuance of the Certificate of Registration is supported by substantial evidence. The Board further argues that it has no ministerial duty to investigate the alleged misrepresentations and has not abused its discretion by failing to revoke the ...

Excerpt: ...Court address the issue of Plaintiff's attorneys acting in the capacity of debt collectors as described in the Fair-Debt- Collection-Practices-Act, find that their conduct is prohibited under federal law, and dismiss Plaintiff's complaint. The motion is DENIED. Code of Civil Procedure (“CCP”) section 1008(b) provides: “A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on ...

Excerpt: ... forth in Plaintiff's first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, 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 objection. CCP § 2031.210(a). If only part of an item or category demanded is objectionable, the response must contain an agreement to comply with the remainder,...

Excerpt: ...cts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Cal. Rules of Court, Rule 3.1113(b).) Plaintiff's memorandum does not contain any legal authority in support of Plaintiff's requests. Nor does Plaintiff's declaration. Rather, the motion is a recitation of Plaintiff's point of view that the defendants' actions contradict the test...

Excerpt: ...'s motion pursuant to pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6 and the attached settlement agreement and release of claims (the “Agreement”) to order Defendants to pay Plaintiff the sum of twenty-five thousand dollars ($25,000) pursuant to the terms of the Agreement, plus a motion requesting sanctions in the form of attorney's fees of two thousand one hundred and seventy-five dollars ($2,175) and costs of one hundred and twenty d...

Excerpt: ...efendants were co-owners and tenants in common, with Plaintiff owning an undivided 1/3 interest, Defendant Nataline Buchignani (“Nataline”) an undivided 1/3 interest, and Defendants Gino Buchignani (“Gino”) and Gina Buchignani (“Gina”) together an undivided 1/3 interest. Plaintiff dismissed the entire action without prejudice on February 13, 2019. Defendants Gino and Gina move the court to compel Plaintiff, an entity named the Carli C...

Excerpt: ...ring the pendency of this action, defendants GSWM, Catone, and Curiel (“Defendants”) and their officers, agents, employees, independent contractors, and representatives are “enjoined and restrained from engaging in, committing, or performing, directly or indirectly, by any means whatsoever, any of the following acts: “1. Soliciting anyone who was a client of Plaintiffs as of July 1, 2020; “2. Having any further contact with anyone who w...

Excerpt: ...ntiff's deposition which shall be set on or prior to March 18, 2022. Sanctions are awarded in Pac Bell's favor against Plaintiff and his attorney of record, S. Sean Bral of Bral & Associates, jointly and severally, in the amount of $1,005.00. Pac Bell served Plaintiff with a notice of deposition for July 7, 2021. (Leach decl., ¶2.) Plaintiff's counsel questioned whether sufficient notice was given and stated he would check Plaintiff's availabili...

Excerpt: ...bitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability. (Marenco v. DirecTV LLC (2015) 233 Cal.App.4th 1409, 1416.) “Because arbitration is a matter of contract, generally ‘ “one must be a party to an arbitration agreement to be bound by it or invoke it.” ' (Molecular Analytical Systems v. Ciphergen Biosystems LLC (2010) 186 Cal.App.4th 696, 706; See Rodriguez v. Superior...

Excerpt: ... motion is DENIED. Plaintiffs' second cause of action for unfair competition is based upon a violation of Penal Code section 396(e), which provides, in relevant part: Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and c...

Excerpt: ...�) but although Plaintiff has fully performed, the Bessettes have failed to pay the amount agreed. It asserts for causes of action: 1) Foreclosure of Mechanic's Lien; 2) Breach of Contract; 3) for Work, Labor, Services, and Material Rendered; and 4) Unjust Enrichment. However, Plaintiff dismissed the first cause of action, as well as claims against Umpqua Bank. The Bessettes filed a cross-complaint against Plaintiff of breach of contract, breach ...

Excerpt: ...r Defendant (collectively, Meztger and Defendant are “Cross-Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two causes of action, both based on the assertion that Defendant's facility was not properly accessible to wheelchair users. The first cause of action was for violation of He...

Excerpt: ...r under submission, the Court adopted its previously published tentative ruling, explaining that Defendant met their prima facie burden of proving there was no triable issue of material fact as to causation, such that the burden shifted to Plaintiffs to establish such a triable issue of fact. Plaintiffs did not raise a triable issue regarding causation, thus the Court granted Defendant's motion based on the evidence provided which showed Defendan...

Excerpt: ... stated; quantum meruit; negligent misrepresentation; intentional misrepresentation; and violation of CCP § 8800 “prompt payment.” Defendants move to compel arbitration because the contract between the parties contains a provision that any dispute under the contract shall be resolved by arbitration. A party seeking to compel arbitration pursuant to CCP § 1281.2 must “plead and prove a prior demand for arbitration under the parties' arbitr...

Excerpt: ...volves claims, events, disputes, and other issues outside the scope of this action. In this lawsuit, Plaintiff is asserting claims for medical malpractice against health-care providers unrelated to the prison or his incarceration. In this motion, by contrast, Plaintiff requests counsel for claims or disputes involving guards, staff, and other inmates of the prison in which he is incarcerated, for events and with parties unrelated to the medical c...

Excerpt: ...ong-Beverly Consumer Warranty Act, Civ. Code §§ 1790 et seq. (the “Act”) (against Ford); 2) failure to repair under the Act (Civ. Code § 1793.2(d)) (against Ford); 3) failure to provide required parts under the Act (against Ford); 4) breach of express written warranty under the Act, Civil Code §§ 1791.2 and 1794 (against Ford); 5) breach of implied warranty of merchantability (against Ford); 6) fraudulent inducement (against Ford); and 7...

Excerpt: ...r the Act; 3) violation of §1793.2 under the Act; and 4) fraudulent inducement-concealment. 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”) after orders were made for said production on September 16, 2021. The motion is GRANTED. The Court orders Defendant to pay sanctions in the amount of $945 within 30 da...

Excerpt: ...t 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's actions or discipline him; Luna and La Prenda knew of Contreras's conduct and allowed it to occur, even endorsing the conduct, aiding and abetting him, and conspiring with him against Plaintiff; Luna and La Prenda terminated Pla...

Excerpt: ... on March 17, 2022 at 10:00 a.m. in Department #19. Plaintiff must file timely proof of service demonstrating proper service on Defendant of the OSC with full hearing information, as necessary for service of summons and complaint. The court, finally, finds that the evidence presented generally supports the requested imposition of sanctions pursuant to CCP section 177.5 but will make a final determination of the propriety of such an award at the s...

Excerpt: ...public record. A. Facts and History Plaintiff alleges that it was, and is, engaged in the business or producing and selling “premium” wines and that Defendants were, and are, merchants engaged in manufacturing, marketing, distributing, and selling microfiltration systems for processing and clarifying wine. It complains that after reviewing Defendants' representations about their filters (“Filters”) and the filtration system (“Filtration...

Excerpt: ...ch of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for Defendant's demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(a) for lack of jurisdiction, CCP § 430.10 (g) for failure to specify the form of a contract, CCP § 430.10 (c) for abatement, CCP § 430.10 (e) for statute of limitations, and CCP § 430.10(f) for uncertainty, as well as Defendant's motion to strike pursuant to CCP § 435 et ...

Excerpt: ...payments. Counsel for both parties requested oral argument at the February 2, 2022 hearing but only one side appeared; thus, this Court continued the matter to this calendar. The Court adopts its prior tentative ruling. As defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows...

Excerpt: ...nce with Rules of Court, Rule 3.1312. Analysis: In September of 2021, Plaintiff filed a motion to disqualify Defendants McCutchan, Sunderland and Sunderland/McCutchan LLP from representing Defendant Davis in the instant action due to Defendant McCutchan having previously represented both Plaintiff and Defendant Davis in their join action as plaintiffs in the following matter: Liebling v. Goodrich (SCV-245738). Plaintiff ‘s basis for the motion ...

Excerpt: ...o 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, circumstances, or law, make application to t...

Excerpt: ...il 8, 2018, but that Defendant improperly cancelled the Policy without notice to Plaintiffs on October 3, 2017, just 6 days before a fire destroyed the home on the Property. Defendant brought a motion for summary judgment or summary adjudication and Plaintiffs brought a counter motion for summary adjudication on the issue of the duty to provide coverage. The trial court in November 2019 denied Defendant's motion and granted Plaintiff's motion on ...

Excerpt: ...iff released and discharged Defendant from all claims against the Wilson Lane property; and, because Defendant has at all times been the legal owner of title since purchasing Wilson Lane and Plaintiff is unable to rebut, by clear and convincing proof, the statutory presumption that Defendant is its owner. The motion is DENIED. Plaintiff's objections are overruled. Quieting title is the relief granted once a court determines that title belongs in ...

Excerpt: ...n 2024.020, the motion is DENIED as untimely. On October 28, 2020, cross-defendant Broadhead served Babow by mail with his Request for Production of Documents, Set One, and Request for Response to Special Interrogatories, Set One. (Gavin decl., ¶¶2-4.) Responses were due by December 2, 2020. (Code of Civil Procedure sections 1013, 2030.260(a) [interrogatories], 2031.260 [inspection demands].) Broadhead argues that further responses are warrante...

Excerpt: ...LP. This matter is on calendar for the motion by DFLP, joined by Defendant Duggan and the other partner Kelly Moffat, to compel Plaintiff to post bond pursuant to Cal. Corp. Code (“Corp. Code”) § 15910.06 on the basis that there is no reasonable possibility that Plaintiff's suit will benefit the partnership or its partners. The Motion is DENIED. I. Relevant Law Corp. Code § 15910.06 provides in relevant part: (a) In any derivative action, a...

Excerpt: ...f quiet enjoyment; 5) breach of the implied warranty of habitability; 6) habitability tort; 7) nuisance; 8) statutory retaliation; 9) common law retaliation; and 10) unlawful business practices. This matter is on calendar for Defendant's motion to strike punitive damages from the Complaint pursuant to CCP §§ 435 et seq. The motion to strike is GRANTED with leave to amend. I. Legal Standards A motion to strike lies where a pleading contains “i...

Excerpt: ...f San Francisco (1966) 243 Cal.App.2d 710, 716.) This rule applies when a complaint undertakes to make substantive amendments to the pleadings but does not apply where the amendment merely substitutes the true name of a defendant sued and previously named in the complaint by a fictitious name. (Ibid.) Plaintiff's complaint was filed on November 15, 2021. It alleges a cause of action for malicious prosecution and names Paul A. Beck and Dean Bornst...

Excerpt: ... 2021, she was suffering from mild dementia with a history of neck and back surgeries, was able to walk but required assistance in daily activities, and was vulnerable to pressure ulcers and skin wounds. Eventually, she told her daughter that she did not feel good and it was discovered that Plaintiff was suffering pressure ulcers and skin wounds. She complains that Defendant Leah Archer (“Archer”) managed and operated the Facility and was ult...

Excerpt: ...include Gloria Egger (“Egger”), Mickey Henderson (“Henderson”), and Mickey Henderson's two children. (Def. Buchman's Statement of Undisputed Facts (SUF), 1.) Prior to 2007, Egger and Henderson owned the partnership in equal 50 % shares. (SUF, 2.) Plaintiff hired Defendant, Robert Buchman, an attorney, in 2004 to provide legal services related to the Restated and Amended Partnership Agreement which was the Agreement that reflected the buyo...

Excerpt: ...onstructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. Plaintiffs 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 the Garag...

Excerpt: ...est for Judicial Notice is GRANTED. Counsel for Defendants shall submit a written order to the Court that is consistent with the tentative ruling and in compliance with Rule of Court, Rule 3.1312. I. Underlying Facts Plaintiff Armando Bernal worked for Defendant Star Springs Ranch LLC (“Star Springs”) from 1986 until 2021, when his employment was terminated. Plaintiff was hired by Ellis Alden, the owner of Star Springs. Plaintiff alleges that...

Excerpt: ...d Answers, both appearing defendants are actively participating in the proceedings and this Court does not have reason to believe they will not file amened answers on time. Furthermore, Defendant Darin Shropshire has filed a cross-complaint against Rory Dane Shropshire and Barnett Green Enterprises, LLC for equitable indemnity and contribution. Ownership of Defendant Toe Hold Land Company and the residential property located at 4767 Burnside Road...

Excerpt: ...ent of $55,823.43 to Class Counsel for reimbursement of litigation costs and expenses; payment of $7,500.00 to the Claims Administrator CPT Group (“CPT”); enhancement payments of $3,000 to Plaintiffs as class representatives; and allocation of PAGA penalties in the amount of $2,500.00, with defendant Hansel Ford, Inc. to separately remit $7,500.00 to the CPT for the remaining PAGA penalties. The motions are GRANTED. The Court will sign the pr...

Excerpt: ...25. The State is awarded $460.50 in costs. On August 16, 2019, Plaintiffs filed an amendment to their complaint substituting in the State for DOE 2 thereby alleging causes of action against the State for negligence-breach of mandatory duties, violation of 42 U.S.C. section 1983, and violation of Civil Code section 52.1. The State filed its answer on October 28, 2020. On August 24, 2021, this Court entered an order granting the State's motion for ...

Excerpt: ...causes of actions, namely fraud claims. Both Cross-Defendants, 601 Main Street, LLC and Angela DeCarli, filed “conditional non-oppositions” in which they explain that they do not oppose amendment (recognizing that denial is rarely justified), but taking issue with certain language and causes of action included in Cross- Complainant's proposed amendment, which was attached as an exhibit to his declaration in support of this motion. In his repl...

Excerpt: ...to pay all wages earned, pay overtime, pay costs of transportation and other work-related expenses, provide or compensate for breaks, or furnish accurate wage statements. This matter is now on calendar for Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement. Contending that she and Defendant have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims...

Excerpt: ...ty”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; and that UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also ...

Excerpt: ...d to properly repair the roof on her home, causing water damage. 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 move for summary adjudicatio...

Excerpt: ...lure to prevent discrimination and/or retaliation, seventh cause of action for retaliation in violation of Labor Code sections 1102.5 and 6310, and eighth cause of action for wrongful termination alleged in Plaintiff Bob Middlestead's (“Plaintiff's”) First Amended Complaint (“FAC”). Defendant's motion for summary adjudication is GRANTED as to Plaintiff's third cause of action for Interference with CFRA Rights, and seventh cause of action ...

Excerpt: ...a complete defense to causes of action by Plaintiff. Plaintiff has not filed an opposition to the motion. The motion is GRANTED. The FAC alleges that on January 3, 2017, Plaintiff was legally on property located at 19323 Sonoma Highway, Sonoma, California 95476 (“the Property”). 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: ...�CCP”) §§ 2030.300, 2030.030, and 2033.290, and for monetary sanctions against Defendants and their counsel in the amount of $4,987.50. The motion is GRANTED. Defendant shall pay $3,187.50 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. I. Governing Law Untimely responses to requests for admission waive all objections. CCP § 2033.280. Failure to verify responses is equivalent to serving no re...

Excerpt: ... determine interests in, real property at 948 Leddy Ave, Santa Rosa (“the Property”), claiming that she owned the Property but Defendant County of Sonoma (“the County”) improperly imposed real property taxes and improperly sold the Property to Defendant Tuan Q. Phan (“Phan”) at public auction of the Property which the County conducted to collect delinquent taxes. This lawsuit has seen much litigation, numerous motions, and an appeal. ...

Excerpt: ...onding party provides responses in substantial compliance with the requirements by the time of the hearing. CCP section 2033.280(c) (the court “shall” deem the requests admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Plaintiff complains tha...

Excerpt: ...mpanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, [the court shall] vacate any… resulting default judgment… entered against his or her client …” (Code of Civil Procedure section 473(b).) After the parties' case was heard before the Labor Commissioner, an order was issued. (Zyromski decl., Exhibit A.) The cover page of the award against Defendant stated that he owed $127,162.78. (I...

Excerpt: ... 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. Insurer's matt...

Excerpt: ...esponded with a commensurate volume. However, the utility of this vast record remains elusive to the Court as presently configured. The Court therefore attempts to give some guidance to the parties how to focus their efforts in this regard. The Court also makes final determinations on some specific matters that it believes will facilitate that process. I. Request for Judicial Notice Plaintiff's initial request for judicial notice in support of he...

Excerpt: ...r was initially on calendar on December 15, 2021, and was continued first to January 26, 2022, and then to this calendar. As Defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows for an award of attorney fees and costs after the discharge of an interpleading party. Additional...

Excerpt: ... matter initially came on calendar on December 15, 2021, and was continued to allow Plaintiffs to address argument first raised in reply. Procedurally, the Court notes that Defendant did not contest this Court's December 15, 2021, tentative ruling as to Plaintiffs' first cause of action for professional negligence and third cause of action for fraud. Accordingly, this Court will adopt its previously published ruling denying the motion as to those...

Excerpt: ...��the Council”) approved in 2019. Petitioner seeks a writ of mandate ordering Respondents to set aside the Project approval and take no further action towards the Project without preparing an environmental impact report (“EIR”) in compliance with CEQA. The Project and Property The Project is located at the site of the Factory at 2 West Spain Street, Sonoma (“the Property”), a designated historic resource eligible for listing on the Cali...

Excerpt: ...n, 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 malpractice, and 2) b...

Excerpt: .... A motion to compel lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (CCP § 2030.300.) Notice of motion for an order compelling answers must be accompanied by a separate statement setting forth the text of each interrogatory to which further answer is sought; the text of each response; a statement of the factual and legal r...

Excerpt: ...rty at 1485 South Wright Road, Santa Rosa (“the Property”) but Defendant has breached her obligations by failing to take actions to complete the sale and informing Plaintiff that she has decided not to sell the Property. Upon answering, Defendant filed a cross-complaint against Plaintiff and Carlos Rivera (“Rivera”) for fraud, concealment, rescission, and declaratory relief. Alleging that Rivera was acting as an agent or principal of Plai...

Excerpt: ... in good faith because much of the information alleged is available through public records. Most of Defendants' answers claim that they “lack sufficient information to admit or deny said allegations”; however, in their almost identical oppositions, Defendants do not explain why they would not be able to obtain sufficient information to admit or deny the allegations upon reasonable inquiry into the public records pertaining to the property in ...

Excerpt: ...”). Plaintiff filed a notice of conditional settlement on October 21, 2021 and another notice on November 12, 2021. Plaintiff moves the court for approval of the PAGA settlement and for an award of reasonable attorneys' fees. It asks the court to approve the settlement for a gross payment of $5,000, appoint Defendant Karma Dog Construction, Inc. (“Karma”) as settlement administrator, approve the settlement award, direct distribution of the ...

Excerpt: ...of dissolution of Plaintiff's marriage to Salvador Lozada awarded her, as her sole separate property, two residential properties. The order stated that Mr. Lozada “shall cooperate in signing any and all documents necessary to confirm the real property…to Wife as her sole and separate property, including any quitclaim deeds or other documentation.” No such document was recorded until December of 2020. Defendant Excel Realty Partners obtained...

Excerpt: ...e 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”) from Defendant Farmers and that after a fire in 2015, he contacted Hunsaker and Farmers to ensure that he had adequate coverage and asked them to adjust the...

Excerpt: ...r documents, that if plaintiff did not comply within 10 days of service of the order, the Court would consider issuing terminating sanctions. (See minutes from 9/15/21 hearing.) As reflected in that ruling, and the ruling the following week compelling the deposition of the plaintiff, the Court was aware at that time that the parties had stipulated to continue the trial date. Plaintiff concedes he received the Court's order to compel discovery res...

Excerpt: ...dison (2009) 174 Cal.App.4th 646, 650 (discussing the validity of attorney's fees provisions in local ordinances under Govt. Code § 25845, and that it may be explicitly superseded by stipulation of the parties). The previous tentative ruling stated below is affirmed. Plaintiff County of Sonoma (the “County”) filed the complaint in this action against the property owners in this case, Ian Porter, Chelsea Porter (“Defendants”) and Does 1-3...

Excerpt: ...x, and has also suffered retaliation for reporting discrimination and harassment. He complains that he has not been paid for all the work he has performed, he has been forbidden from performing tasks as Athletic Director between 7am and 4pm, even though white colleagues were allowed to do so, he was not allowed to attend meetings at the district office, he was not paid during the same, he was not paid the same amount as white colleagues, and he w...

Excerpt: ...lease with Plaintiff (“the Lease”), complains that Defendant has failed to respond to Plaintiff's notice of termination of the Lease or indicate that it will comply with the expiration terms, and continues to solicit students to the School. Plaintiff explains that the School has been operating on the Property since about 1973, Plaintiff was formed in 2011 and purchased the Property in order to provide the School employees with an ownership st...

Excerpt: ... her termination from employment. Plaintiff alleges that she was wrongfully terminated by Defendant for reporting multiple unlawful labor and employment practices, such as failure to provide accommodations for lactating employees; interference with employees' rights to take family or medical leave; using discriminatory questions in job applications and interviews; failing to implement adequate health and safety measures during the Covid-19 pandem...

Excerpt: ...s” (“the Treats”). Plaintiff alleges that it is a Sonoma- based business and, because it has “enjoyed enormous success” with the Treats it has developed, especially its “cinnamon churro” (“Churro”) flavor, it contracted with Defendant to produce the System to provide continuous production of the Treats which would include proper, full coating of all sides of the Treats, especially the Churro flavor, but that the System which Def...

Excerpt: ...coverable on a contract action; and, that there is no statute or contract providing for attorney fees. The Cross-Complaint alleges that on December 4, 2020, Escalante was driving his Harley Davidson motorcycle at a high rate of speed while weaving in and out of traffic when he struck Jones's vehicle, driven by their daughter. Jones's vehicle was deemed a total loss. Jones alleges that the California Highway Patrol and Escalante's insurance compan...

Excerpt: ...s on calendar for two motions by Defendant for summary judgment of the Complaint and Cross- Complaint and the motion by the Cross-Defendant for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. Defendant's Motion for summary Judgment of the Complaint is MOOT. Defendant's Motion for Summary Judgment of the Cross-Complaint is DENIED due to the presence of triable issues of material fact. Cross- Defendant's Motion for Summar...

Excerpt: ...es and pay Kia $1,521.25 in sanctions within 15 days of the service of this order. Plaintiffs object that Kia did not attempt to meet and confer prior to filing their motions. On September 13, 2021, Kia's counsel sent a letter requesting additional responses to Form Interrogatories Numbers 12.4 and 17.1, and Special Interrogatories Numbers 4, 6, 13, 19, 23, 27, and 28. (Ramia decl., Exhibit B.) Plaintiffs' counsel responded the same day saying: �...

Excerpt: ...ndants' Property”) are encroaching on the Disputed Property without permission. Defendants served Plaintiffs with Requests for Production, Set One (“RFPs”) on September 2, 2021; after Defendants granted Plaintiffs' request for an extension, Plaintiffs served responses on October 12, 2021 but they produced no documents, even though Defendants sent an e-mail in order to resolve the matter informally and Plaintiffs' attorney had responded that...

Excerpt: ...that it entered into a written Commercial Lease Agreement (“the Lease”) with Defendant whereby Defendant agreed to lease to Plaintiff real property which Defendant owned at 3660 Copperhill Lane, Santa Rosa (“the Property”) for use as a concrete mixing and distribution company. It alleges that the parties added certain addenda to the Lease under ¶1.3, including an “Option to Review/Extend Lease” (“the Option”), dated November 19, ...

Excerpt: ...ck Decedent on September 22, 2020 at the intersection of South McDowell Boulevard and Baywood Drive (“the Intersection”) in Defendant the City of Petaluma (“Defendant” or “the City”). Plaintiffs assert that the City negligently designed, constructed, manages, owns, and maintains the Intersection and related improvements in the area of the injury (“the Location”) , and that they constitute a dangerous condition on public property, ...

Excerpt: ...tion in the FAC are barred by the statute of limitations. However, it is not apparent, for reasons stated below, that the Plaintiff is unable to plead the existence of a written contract, therefore leave to amend is appropriate. The Court notes that both the opposition and reply were untimely filed (presumably because counsel failed to account for January 17, 2022, being a court holiday). Plaintiff filed opposition only eight court days before th...

Excerpt: ...Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is SUSTAINED with leave to amend. Defendant Gillian also has filed a motion to strike, which is DENIED. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer,...

Excerpt: ...fendants”), Linwood Homes, Ltd. (since dismissed with prejudice), and American Contractors Indemnity Company (“ACI”). This matter is on calendar for the motion by Plaintiffs to compel Defendants to produce documents pursuant to deposition notices. The Motion is GRANTED in part. I. Procedural Posture Plaintiffs moved to compel deposition of Defendant Lucas. The deposition remains unfinished, but Plaintiffs allege that the documents produced ...

Excerpt: ...harvesting 267 acres of 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 contend...

Excerpt: ...judgment or adjudication. CCP sections 437c(a), (f). For summary adjudication, the party may seek adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty if the party contends that the cause of action has no merit or that there is no defense to the cause of action, or that an affirmative defense has no merit, or that there is no merit to a claim for punitive damages or that a party did or did not ...

Excerpt: ...he parties are ordered to meet and confer to obtain a mutually agreeable date and time for Plaintiffs' depositions, which shall occur on or prior to February 11, 2022. The motion to compel production of documents is DENIED. Sanctions in the amount of $920 are GRANTED in Kia's favor against Plaintiffs. On May 6, 2021, Kia served a notice to take Plaintiffs' depositions. (Ramia decl., ¶2, Ex. A.) Plaintiffs objected to the notice on May 21, 2021. ...

Excerpt: ...uant to Cal. Code Civ. Proc. (“CCP”) § 435. The motion is GRANTED with leave to amend. I. Facts Plaintiff's complaint filed on August 24, 2021, alleges one motor vehicle cause of action, one count of negligence and willful misconduct. It alleges Defendant Cummings had a vehicle to vehicle collision with Plaintiff, subsequently intentionally struck Plaintiff with the vehicle, then fled the scene. It alleges that Defendant Obrien allowed Defen...

Excerpt: ... on a credit account, Defendant failed to answer so Plaintiff obtained Defendant's default on September 27, 2021. Plaintiff then obtained a judgment against Defendant the same day. Defendant subsequently attempted to file an answer on October 18, 2021, the filing of which was vacated in light of the default. Defendant moves the court to set aside the default and default judgment as well as to quash the service of summons and complaint. He argues ...

Excerpt: ...ng that Defendant defaulted under the terms of the settlement. When a party seeks to enforce a stipulated settlement entered in writing or orally before the court, the court “may enter judgment pursuant to the terms of the settlement.” CCP §664.6. This seems to give the court discretion. In addition, when ruling on a CCP §664.6 motion, the court is a trier of fact and its ruling will be upheld if based on “substantial evidence.” Fiore v...