Excerpt: ...this motion, which this court continued due to inadequate notice, the moving party filed only an unsigned, incomplete proposed order, with proof of service. Accordingly, nothing shows that Plaintiff was served with, or otherwise received, notice of the hearing. Prior to the new hearing date, the moving party, must file and serve complete, sufficient proof of service at least 10 court days prior to the new hearing, showing service of a notice of t...

Excerpt: ...e such that it allowed an uneven roadway to exist. Plaintiff alleges that she fell due to the uneven roadway and sustained severe and permanent injuries. Two causes of action are alleged: one for negligence and one for premises liability. Plaintiff filed a Claim Against The City of Petaluma on August 26, 2021 ("the Claim") which states that Plaintiff was lawfully riding a skateboard on Turtle Creek Lane when the wheel of her skateboard caught on ...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for the moton by Flint for summary judgment of the SAC or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). Summary judgment is DENIED. Summary adjudication is GRANTED in part and DENIED in part. l. Evidentiary and Pleading Issues...

Excerpt: ...mplaint for fraud (See Declaration of Amin Kazemini ["Kazemini Decl."l, Exhibit A, the "Cross-complaint"), as during discovery Plaintiff produced two seemingly conflicting copies of the underlying lease. Moving Defendant alleges that the Plaintiff has created a fraudulent copy. Plaintiff does not attach a copy of the Lease to the Complaint. Moving Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. l. Le I ...

Excerpt: ...ees and class representative enhancements. The Motions are GRANTED. Applicable A. Fairness of Settlement Standards After preliminary approval, the Court determines whether a class action settlement is fair, adequate and reasonable in a final hearing, often referred to as a "fairness hearing." Cal. R. Ct. 3.769(g); see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801. The purpose of this requirement is "the protection of those class me...

Excerpt: ... the notces served on Plaintiff It must also serve Plaintiff by proper means, not electronically unless it shows that Plaintiff has affrmatively agreed to electronic service. Facts and History Plaintiff complains that Defendant, who had previously towed her motorhome (the "Motorhome"), unlawfully and without her permission or notice to her, dismantled the Motorhome with all of her possessions inside. She seeks damages for the loss of the Motorhom...

Excerpt: ...ached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,312.27, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on January 3, 2023, and obtained a default judgment against them on March 6, 2023, for $3,047.15. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included on...

Excerpt: ... is DENIED. Plaintiff's complaint alleges five causes of achon based upon Defendants' foreclosure of real property located at 4424 Hazel Court in Rohnert Park ("the Property"). Plaintiff alleges causes of achon for: (1) Violation of Cal. Civ. Code section 2923.6; (2) Violation of Cal. Civ. Code section 2923.7; (3) Violation of Cal. Civ. Code section 2924c; (4) Wrongful Foreclosure; and (5) Violation of Business & Professions Code section 17200 et...

Excerpt: ...ntative ruling and in compliance with Rule 3.1312. If Plaintiffs ultimately choose to file an amendment, they shall not do so in the form of an "amendment to the complaint." Unless Plaintiffs are substituting the name of a Doe Defendant or changing a minor detail, "amendments to the complaint" are disfavored by this Court because they create a complicated and unorganized record. Plaintiffs have used the instant amendment to the complaint to alleg...

Excerpt: ...gs and these judicial proceedings pursuant to the parties' contract under CCP S 1717. Petitioners also argue they are entitled to attorney's fees as private attorney general under CCP S 1021.5. CCP S 1293.2 provides, "The court shall award costs upon any judicial proceeding under this title as provided by Chapter 5 (commencing with Section 1021) of Title 14 of Part 2 of this code." CCP S 1021 provides that attornevs fees are available as costs on...

Excerpt: ...ner Place, Santa Rosa ("the Piner Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph 8. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of Adams, advised Adams that the latter should, based on legal advice, form and transfer his assets t...

Excerpt: ...m the work properly or comply with his contractual obligations, ultimately abandoning the Project. Defendant allegedly informed Plaintiff that the latter should hire someone else to correct the defects in Defendant's work. Defendant filed a cross-complaint and first amended cross-complaint ("FACC") against Cross- Defendants The Coleman Company, Inc. ("Coleman"), Kevin Condon dba KC Home Services ("Condon"), and KC Home Services, Inc. ("KC lnc") (...

Excerpt: ...nna Joslin ("Joslin"), who were alleged to owe Plaintiff Citimortgage Inc. ("Plaintiff") money on a promissory note secured against real property, which the Yateses defaulted in paying. 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 purported terms of the parties' agreement (the "Settlement"). The Settlement Term Sheet stated t...

Excerpt: ... between Pe
Ÿ
Ÿoner and Respondent Priya Latchman contains an agreement to arbitrate her underinsured motorist claims but does not provide a method for appoin
Ÿng a neutral arbitrator. The par
Ÿes cannot agree on a neutral arbitrator. Pe
Ÿ
Ÿoner has provided a list of Þve candidates. CCP sec
Ÿon 1281.2 provides that on pe
Ÿ
Ÿon of a party a trial court must order the par
Ÿes to arbitra
Ÿon where it Þnds a wri
©en agreement exists be...

Excerpt: ...lthough Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $1,169.85, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on February 14, 2023 and obtained a default judgment against them on March 22, 2023 for $1,867.31. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on A...

Excerpt: ... party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the d...

Excerpt: ...fendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff filed a Mohon to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One which this co...

Excerpt: ...Plaintiff has had sufficient notce and opportunity to be heard. Accordingly, the court issues an order to show cause why the court should not dismiss this action and sets this matter on the law and motion calendar in this department, at 3:00 p.m., on October 25, 2023. Defendants must serve Plaintiff again with the moving papers as well as Order to Show Cause and notice of the new hearing at least 21 calendar days prior to the hearing and must fil...

Excerpt: ...fying that that each party shall bear its own attorney's fees and costs. Defendants cite Zamora v. Clayborn Contracting Grp., Inc. (2002) 28 Cal.4th 249, 258 in support of the argument that the mistake made was an excusable mistake that a reasonably prudent person under the same circumstances would have made. However, Zamora is not factually on point and Plaintiff has cited to two cases which specifically address the omission of an attorney's fee...

Excerpt: ... violated building codes. As a result, Plaintiff fell down the stairway and sustained serious injuries. In support of his request for punitive damages, Plaintiffs FAC alleges that Defendants were aware of the dangerous and defective condition of the stairway prior to Plaintiff's fall, that Defendants knew that previous individuals had fallen down the stairway, that several individuals had requested Defendants repair the stairway, and that Defenda...

Excerpt: ...at "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see also, Garamendi v. Golden Eagle Ins. Co. (2CN) 116 Cal.App.4th 694, 712, fn. 8.) "For disco...

Excerpt: ...ng ctxle violations at real property located at 7955 St. Helena Road in Santa Rosa ("the Property"). Defendants are alleged to be the persons that own, operate, possess, and/or control the Property and have maintained unpermitted structures and unpermitted uses on the Property. Defendants did not file an answer and their default was taken on June 2, 2023. The County maintains that Defendants have not abated all violations of the Sonoma County Cod...

Excerpt: ...a request to compel production of a document referred to as "the First Report" and a request for terminating sanctons in Plaintiff's reply. The Court will not rule on these requests as they were raised for the first time in reply and were not made by noticed motion. Plaintiff's objection to the entirety of Ms. McQuilla's declaration and to Defendant's opposition as a whole as being "plagued by hearsay" is OVERRULED. The Court further addresses Pl...

Excerpt: ...reach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Mohon is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in the deposit...

Excerpt: ...the hearing, the Court and counsel engaged in discussion and the Court heard argument from counsel regarding the motion to compel. As a result of arguments raised at the hearing, the Court set a new date for additional argument and requested supplemental briefing from the parties. The parties submitted supplemental briefs and the matter was scheduled for hearing on July 28, 2023. The Court, on its own motion, continued the July 28, 2023, hearing ...