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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... and care met the standard of care and did not cause or contribute to any alleged injuries. There is no written opposition. Any party may move for summary judgment or adjudication. CCP section 437c(a), (f). A party is entitled to summary judgment if demonstrating “that the action has no merit or that there is no defense to the action or proceeding.” CCP section 437c(a). When a defendant moves for summary judgment, it has the burden of first m...

Excerpt: ...nsurance policy proceeds. Plaintiff asserts three causes of action his complaint: 1) wrongful interference with a contract; 2) fraud by intentional misrepresentation, and 3) common counts, money had and received. On November 18, 2020 Defendant filed a Petition for Probate of the Will and for Letters of Testamentary of the Estate of Decedent, Sonoma County Superior Court Case Number SPR-095168 (the “Probate Matter”), which is ongoing. Prior to...

Excerpt: ...ction is SUSTAINED with leave to amend. The demurrer to the remaining causes of action is OVERRULED. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California (collectively referred to as “JRK California Apartments”). JRK Residential is a subsidiary o...

Excerpt: ...ate for litigating the case. Here, the hourly rates being sought are $1,000 and $700 respectively, for partners Norman Pine and Scott Tillett, both of whom are certified appellate specialists by the California Board of Legal Specialization. In addition, the rate of $575 is being sought for their former associate, Chaya Citrin, and $450 for current associate, Christian Schlachte. As to Collier Law Firm (“CLF”), Mr. Sargent's trial attorneys wh...

Excerpt: ...l property at 473 Church St., Sonoma (“the Sonoma Property”), which he claims he and Defendant agreed to purchase together in some form of joint business venture. He alleges that he started with a 33% interest, and an agreement that his interest in the Sonoma Property 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 Plaint...

Excerpt: ...endants' Anti-SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16, and Defendants' Demurrer and Motion to Strike. The Anti-SLAPP Motion is DENIED. The Demurrer and Motion to Strike are continued to March 9, 2022. I. The Complaint The Complaint alleges that Defendant Murray knowingly and intentionally misappropriated funds due to the Plaintiffs as beneficiaries of a trust (the “Trust”) and that they refused to be accoun...

Excerpt: ...aintiff and Defendant Michael J. Hammer, Sr. (“Hammer”) from approximately 2004 to 2017. In her complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa (“the Property”), which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Defendant Western Construction Enterprises, Inc. (“Western”), a company she states the parties started in 2007. T...

Excerpt: ...receiver, namely Michael Brewer, to seize and sell liquor license number 521912 to satisfy the Judgment. 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 CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer ...

Excerpt: ...t”) in Petaluma on August 2, 2019, Plaintiff Alison R. O'Keefe (“Alison”) suffered injuries when an employee of Target, Defendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three-tier U-Boat cart.” This lawsuit has seen numerous discovery motions, from one series of which the instant disqualification motion arises. The underlying discovery dispute has centered on deposition subpoenas which Defendants served on two...

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...

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: ...ction for Bystander Negligent Infliction of Emotional Distress. Defendant also argues that Plaintiffs cannot demonstrate Defendant intentionally misrepresented or concealed any fact which he had a duty to disclose. The motion is DENIED as to Plaintiffs' causes of action for negligence and elder abuse and GRANTED as to Plaintiffs' cause of action for fraud. The motion is MOOT as to Plaintiffs' cause of action for Negligent Infliction of Emotional ...

Excerpt: ...g Plaintiff to immediately produce the original objection and verified accounting records, to cite Plaintiff's counsel for failure to comply with the Fair Debt Collection Practices Act, and for perjury for fabrications made in this action. Defendant takes issue with the allegations in Plaintiff's complaint and argues that Plaintiff has not cooperated with his requests for production of documents that show his indebtedness. Defendant argues that f...

Excerpt: ...tion. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The Amended Petition alleges that the California Regional Water Control Board, North Coast Region (“Regional Board”) issued an Administrative Civil Liability Complaint to the Resort. A notice of hearing was served and the hearing was held on December 11, 2020, via video-conference despite the Resort's objections that the hearing via Zoom was improper and violated the Resort's rights. The...

Excerpt: ...mises”) to Plaintiffs for use as a cannabis-oil-extracting business, have breached the lease agreement (“the Lease”) by failing to maintain the Premises or provide various upgrades or improvements required pursuant to the Lease. The Demurrers are sustained in part, and overruled in part. The Demurrer based on defect of the parties is sustained, but only to the extent that the trustee of the Trust must be named as a Defendant, and with lave ...

Excerpt: ...nt and then a first amended cross-complaint (“FACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, and a third cause of action for negligence. Plaintiff demurs to each cause of action in the FACC on the ground that it fails to state facts sufficient to constitute a cause of action. She contends that the first cause of action fails because it does not all...

Excerpt: ...guely that Defendant failed to prevent their home on the Property from being destroyed in a fire in 2004 and that since then, Defendants granted them permission to use the Property only to revoke it, have illegally “surveyed” the Property, and have imposed fines for alleged permit violations. Defendants demur to the complaint and each cause of action on the ground that it fails to state facts sufficient to constitute a cause of action and is ...

Excerpt: ..., 2021. This Motion is GRANTED in part in that Defendant is awarded $32,001 for successfully litigating the motion for judgment on the pleadings and for bringing this Motion. Defendant is entitled to attorneys' fees. Defendant has moved for attorneys' fees under Cal. Civ. Code § 1717. California Civil Code (“CC”) § 1717(a) provides in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fee...

Excerpt: ...roperty”) because the stipulated judgment entered in the parties' marital dissolution action conclusively determined that Plaintiff was responsible for completing full payment of the mortgage and Plaintiff is collaterally or judicially estopped from relitigating this issue. Defendant argues she does not have any duty to reimburse Plaintiff for taxes, expenses, or improvements made for the Ginny Property prior to December 1, 2013, as they are ti...

Excerpt: .... (“Defendant Stonecushion”) as a Cellar Hand. Following a jury trial in his criminal matter, Defendant Aguilera was convicted of one felony count of murder; one felony count of gross vehicular manslaughter while intoxicated; and one felony count of driving with a blood alcohol content of 0.08 percent or greater causing injury. The jury also found true several enhancement allegations, including that this was Defendant Aguilera's third driving...

Excerpt: ...y Calutech, and owned by Catalina. The cause of action for products liability alleges three separate counts for strict liability, negligence, and breach of warranty. Plaintiff also alleges a cause of action against Catalina Imaging alone for premises liability. This cause of action contains two counts, for negligence and for willful failure to warn. Defendant Catalina Imaging, Inc. here moves the Court for summary judgment, or in the alternative,...

Excerpt: ...mpensation; 2. Failure to provide meal periods and pay meal period premiums; 3. Failure to authorize and permit rest period and pay rest period premiums; 4. Failure to timely pay wages during employment; 5. Failure to provide accurate itemized wage statements; 6. Failure to maintain accurate records; 7. Failure to reimburse necessary expenditures; 8. Failure to pay vacation time; 9. Failure to pay sick time; and 10. Failure to pay all wages upon ...

Excerpt: ...ode § 1790 et seq. (the “Act”) (against Defendant); 2) failure to repair under the Act (against Defendant); 3) failure to provide required parts under the Act (against Defendant); 4) breach of express written warranty under the Act, Civil Code §§ 1791.2 and 1794 (against Defendant); 5) breach of implied warranty of merchantability (against Dealer); and 6) fraud by omission (against Defendant). This matter is on calendar for Defendants' mot...

Excerpt: ...�). This matter is on calendar for the motion by Defendant to compel arbitration pursuant to the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), and for a stay, on the grounds that Plaintiffs agreed to arbitrate any dispute arising out of the rental agreement. The Court has reviewed the moving papers, the opposition and the reply, along with the accompanying documentation. The Motion is GRANTED. I. Th...

Excerpt: ...lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (“DOT”) against two parcels of real property, identified as the “Ola Property” and “West Spain Property” (as security for the payment of the legal fees). Petitioner has not yet been paid for the services he provided, and he discovered that the West Spain Property was going to be sold. He therefore asked Respondent to submit to...

Excerpt: ...he Court grants leave to amend within 20 days of the hearing except that Plaintiff shall not re-plead a cause of action for indemnification. Dwaine's Request for Judicial Notice of the following documents is GRANTED: Ex. “A-1”: Articles of Incorporation for Ace Insulation Inc., filed May 18, 2011; Exh. “A-2”: Articles of Incorporation for Ace Garage Doors & Fireplaces, Inc., filed December 6, 2013. Underlying Facts: This case presents a d...

Excerpt: ...' motion for issue, evidence, and/or terminating sanctions (“the Terminating Motion”). Notice of the Terminating Motion was initially filed on June 7, 2021. It stated that the Terminating Motion was brought against Plaintiff Charlotte Souch (“Souch”). The initial notice did not mention H4H. An amended notice for the Terminating Motion was filed on July 6, 2021, indicating that the Terminating Motion was brought against both Souch and H4H....

Excerpt: ... subject to a partition judgment (“the Judgment”) in Wagner v. Messana, et al., SCV-260727 (“the Partition Action”), nominal Defendant TJRV & Boat Storage, LLC (“TJRV”) operates its business on the Property but has no ownership or lease interest in the Property, and Plaintiff, Russell, and Chris each own an equal one-third share in TJRV, of which Russell is manager. In her direct claims, Plaintiff complains that Russell and Chris owe ...

Excerpt: ... on calendar for Plaintiff's motion for summary judgment or in the alternative for summary adjudication in favor of Plaintiff on its own complaint against Defendant. As an alternative to summary judgment, Plaintiff seeks summary adjudication of two issues, each disposing of one of its two identified causes of action: 1) 1st cause of action for open book account, and 2) 2nd cause of action for account stated. There is no opposition. Any party may ...

Excerpt: ...this order. Foxworthy alleges that Castiglione began to work for it around March 2017 as an independent contractor. (Cross-Complaint [“CC”] ¶5.) She was paid $35 per hour. (Ibid.) Castiglione's duties included, but were not limited to secretarial, payroll processing, calculating wages, coordination and facilitation of transactions and operations, assurance of the safety and satisfaction of all customers and employees, scheduling and supervis...

Excerpt: ...Evelyn LaVine intended to bequeath a 10- acre ranch (“the Property”) to their four daughters, Ginny, Cheri, Linda, and Denise, by creating a trust (“the Trust”). (Complaint, ¶¶1, 8.) Their daughter, Ginny, became entitled to half the property as a result of a family agreement that if she paid Denise $100,000, then Ginny would receive half of the Property and that if Cheri paid Linda $100,000, then Cheri would receive the other half of t...

Excerpt: ...d Teachers Los Angeles (2012) 208 Cal.App.4th 322, 336.) After preliminary approval, the court determines whether the settlement is fair, adequate, and reasonable in a final fairness hearing. (CRC 3.769(g); Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; see also, Officers for Justice v. Civil Service Com. (9th Cir. 1982) 688 F. 2d 615, 625; Fed. Rule of Civ. Proc., Rule 23(e).) The trial court has broad powers to make this determination...

Excerpt: ...n violation of B&P Code § 17200, et seq; 4) negligence; 5) breach of written contract; 6) breach of oral contract; 7) intentional infliction of emotional distress; and 8) negligent infliction of emotional distress. This matter is on calendar for the motion by Moving Defendant to compel arbitration pursuant to the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), and for a stay, on the grounds that Plai...

Excerpt: ...ion is GRANTED as to the first cause of action and as to the sixth cause of action to the extent that it is against SSU. Summary adjudication is DENIED as to the second, third, fourth, and fifth causes of action, as well as the sixth cause of action to the extent that it is against Defendant Colton. Underlying Facts: SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff was a full time employee of SSU. Plaintiff was in...

Excerpt: ...intiffs' Third Amended Complaint alleges causes of action for medical negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of the admission of Linda Perkins (“Decedent”) to the Santa Rosa Memorial Medical Center beginning on June 28, 2017. Plaintiffs allege that Defendant breached the standard of care by failing to timely diagnose, treat, monitor, and timely refer Decedent for treatment....

Excerpt: ... subpoena served on non-party Hansel. On August 24, 2021, Plaintiffs personally served Hansel with a Deposition Subpoena for Personal Appearance and Production of Documents and Things which set a deposition for Hansel's Person(s) most Qualified and Custodian(s) of Record on September 8, 2021, at 11:30 a.m. (Colon decl., ¶3.) Plaintiffs named 15 subject matters for testimony and 6 document requests. (Id., Exhibit A.) On August 31, 2021, Hansel se...

Excerpt: ...enas by Individual Defendant served upon non-party Community First Credit Union (“Community”) under California Code of Civil Procedure (“CCP”) § 1985.3. The Motion is DENIED. I. Request for Judicial Notice The court notices the documents not for the truth of their contents, but for the previous statements of Plaintiff Prasad, to the degree they are relevant to this motion. II. Governing Law Although Code of Civil Procedure section 1985(b...

Excerpt: ...lus-McLemore, Kenneth Carter, Jr. and B. Metellus, a minor, by and through the minor's Guardian ad Litem, Nadine Metellus (“Plaintiffs”) filed the complaint in this action against Defendants, Wesley J. Leckner, Above the Bay Real Estate, Robert J. Miller, Miller Laundis Trust, and Does 1 through 100 (“Defendants”) for several statutory and negligence claims arising out of a tenancy agreement between the parties. On May 5, 2021, all partie...

Excerpt: ...endant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award to which Plaintiff was entitled, failed to allocate any of the award for fees and costs to Plaintiff, and has refused to pay back to Plaintiff a credit which he owes Plaintiff. More specifically, he complains that although the plaintiffs obtained a judgment in their favor against the defendants, Defendants in this action failed to...

Excerpt: ...and his attorney knowingly made false claims and arguments, bringing an action which the Court of Appeal called “groundless”. Defendant/Cross-Complainant's Motion for Attorneys' Fees, Costs, and Sanctions Pursuant to CCP section 128.5 and California Rules of Professional Conduct Rule 5-200(A)(B)(C) is denied. (2) Defendant/Cross-Complainant's Motion for Attorneys' Fees Pursuant to Civil Code § 55 Defendant seeks attorneys' fees as the prevai...

Excerpt: ...ion against Davis based on the existing allegations in the complaint. Defendant argues that the complaint must allege that the DOES were responsible for the acts complained of and argues there are insufficient allegations of such responsibility. Plaintiff opposes the demurrer, arguing the allegations in the complaint are sufficient as against Davis based on the agency allegations in the complaint. Defendant filed a reply on December 2, 2021, whic...

Excerpt: ...the entire FAC, and separately to each cause of action therein, on the ground that it fails to state facts sufficient to constitute a cause of action. It argues that the PSA is, in fact, “void and unenforceable for failing to include an agreed protocol concerning drug testing as required by Public Contract Code sections 2500 and 2501.” Plaintiff opposes the demurrer, arguing that Defendant applies section 2500 incorrectly because the PSA sati...

Excerpt: ...gence; 2) fraud; and 3) unfair competition. The first and third causes of action have been dismissed by Plaintiff. This matter is on calendar for Defendants' demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(d) for defect of joinder of parties, as well as Defendants' motion to strike pursuant to CCP § 435 et seq. I. Legal Standards...

Excerpt: ...rmination Act (“ICCTA”), 49 U.S.C. section 10101, et seq., which grants such jurisdiction to the Surface Transportation Board (“STB”). For causes of action 1 and 3, it also argues that Plaintiff has failed to allege compliance with the prelawsuit claims requirements of the Government Claims Act. Regarding cause of action 1, it also contends that Plaintiff has failed to allege the essential terms of the contract and that it cannot establis...

Excerpt: ...e, Defendant did not breach the agreement, and Plaintiff failed to perform. Any “party” may move for summary judgment if contending “that the action has no merit or that there is no defense to the action or proceeding.” CCP sections 437c(a). As the party moving for summary judgment, Plaintiff “has met [the] burden of showing that there is no defense to a cause of action if that party” produces evidence establishing each element for ea...

Excerpt: ...otions to compel further responses to special interrogatories is DENIED as to Request Numbers 4, 6, 7, 9, 10, 12-18, 20-23, 29-32, 44, 46, 57- 59, 61-63, 65-69, and 81; and GRANTED as to request Numbers 5, 8, 28, 33- 36, 53- 56, 60, 64, 71, and 73. The motion to compel further responses to Plaintiffs' requests for production of documents is DENIED. Special Interrogatories If a timely motion to compel has been filed, the burden is on the respondin...

Excerpt: ... to compel non-party Heffernan Insurance Brokers (“Heffernan”) to produce documents and a person most knowledgeable pursuant to two subpoenas issued May 2021 (“Second Subpoena”) and August 2021 (“Third Subpoena”). The Motion is GRANTED in part and DENIED in part. I. The Subpoenas and Objections Plaintiffs have served three subpoenas to Heffernan. The first subpoena was served and responded to and is not relevant to the issues raised i...

Excerpt: ...ding”—e.g., 30 days after service of the complaint or cross-complaint unless extended by court order or stipulation. (CCP § 435(b)(1).) Proof of service of the FACC states that it was served by email on August 5, 2021. Thus, this motion must have been filed by September 6, 2021. As it was not filed until September 17, 2021, it is untimely. CES's argument that the motion to strike was not ripe until the verification was served is not persuasi...

Excerpt: ...k owned by Defendant. It was later determined that defendant Hathaway was driving while intoxicated. Defendant Hathaway was charged and pleaded guilty to driving under the influence of alcohol and causing serious injury. Plaintiffs argue that since this was defendant Hathaway's second DUI, Defendant knew or should have known of his prior DUI. Plaintiffs served Defendant with its Requests for Production of Documents including Request Number 37 whi...

Excerpt: ...ant preliminary approval, and the notice proposed is largely adequate but the court finds that the notice requires slight modification for greater clarity as detailed below. I. 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 statemen...

Excerpt: ...ant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as well as Defendant's motion to strike pursuant to CCP § 435 et seq. I. Legal Standards 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). A demurrer...

Excerpt: ...rises from claims Defendant failed to pay its employees for all hours worked and failed to provide employees with off-duty or off-premises meal and rest breaks. Defendant disputes the claims. The parties conducted “comprehensive discovery” and engaged in 21 months of settlement negotiations, including an all-day, arm's-length mediation with Mark S. Rudy. Thereafter, the parties reached the present settlement (‘the Settlement”). The total ...

Excerpt: ... Motion is GRANTED in the amount of $100,802. I. Relevant Facts The County filed the initial complaint on January 16, 2020. Thereafter, this matter proceeded to court trial on March 4, 2021, involving 10 days of trial before the respective side rested their cases. Site inspection of the property at issue followed on March 22, 2021. 25 of Plaintiff's 37 exhibits were received into evidence, and the County produced multiple witnesses deemed credibl...

Excerpt: ...other references in the complaint to Petaluma Boulevard, it is clear that Plaintiff means 25 Petaluma Boulevard South). Plaintiff alleges that there were a number of different conditions which made the location a dangerous condition and which caused or contributed to her fall, including growth of vegetation, narrowing of the sidewalk, uneven nature of the grate, and the presence of bicycle racks, a vending machine, a bench, and shadows. Plaintiff...

Excerpt: ..., the court entered default against Defendant Melanie on December 10, 2015. Plaintiff requested entry of default and court judgment against both Defendant on April 12, 2016. On April 18, 2016, the court entered judgment in favor of Plaintiff on the default against both Defendants. On May 18, 2016, Plaintiff filed a stipulation for time payments after judgment between him and Melanie, who purportedly signed the stipulation. This stipulation in the...

Excerpt: ...anctions is granted in full, with sanctions of $2,375 awarded to Plaintiff against Defendant and counsel. 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”) executing a guaranty but that Defendants have breached their obligations by preventing Plaintiff from debiting Company's acc...

Excerpt: ...erence to the board, as referee, of any or all issues involved in the suit.” (Wat. Code, § 2000.) After the reference and the board's investigation, the board prepares a draft report setting forth “such findings of fact and conclusions of law as my be required by the court's order of reference” and which “may contain such opinion upon the law and facts as it deems proper in view of the issues submitted.” (Wat. Code §§2011, 2012.) Aft...

Excerpt: ...cel 163-172-001 (“the Property”) but Defendant have breached their payment obligations to purchase Plaintiff's interest in the Property. He asserts that they entered into a written agreement (“the Agreement”) by which Defendants agreed to pay the full mortgage payments, which the parties previously shared, and to pay Plaintiff either with a lump sum by a certain date or monthly payments, and Defendants have breached all of these terms. De...

Excerpt: ...accident that occurred on October 20, 2018 on Route 116 in Sonoma County. (Second Amended Complaint (“SAC”) at p.5.) In their complaint, Plaintiffs allege that “Defendant negligently drove his vehicle by failing to keep his vehicle in his lane and driving it into oncoming traffic and Plaintiff's vehicle at the above time and place.” (Ibid.) Plaintiffs also allege that “[a]s a direct and proximate result, Plaintiffs suffered serious pers...

Excerpt: ...gs (“the Property”). (FAC ¶5.) Bulloch and defendant Nathan Kern purchased the Property and transferred it into the Sweetwater Springs Trust. (Id. ¶15.) Beginning on or about August 2017, and continuing to August 2019, Permit Sonoma issued various Notices and Orders to Bullock for code violations existing on the Property. (Id. ¶18.) The violations included a dangerous structure damaged by fire, illegal commercial cannabis cultivation, unpe...

Excerpt: ...alings (the “Complaint”). The Parties also have a pending dissolution, Sonoma County Family law case SFL082060. This matter is on calendar for Moving Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(a)&(c) for lack of jurisdiction, as well as demurring on other bases, as well as Defendant's motion to strike pursuant to CCP § 435 et seq. In the alternative, Defendant requests a stay of this case so ...

Excerpt: ... protective order pursuant to CCP § 2034.250, Cal. Evid. Code (“EC”) § 723, and the Court's inherent authority, to preclude or limit Plaintiffs' designation of 51 treating physicians as non-retained experts. Moving Defendants' motion for a protective order is DENIED. I. Procedural History During discovery, Plaintiff disclosed a number of retained expert witnesses, including medical experts. Plaintiff also disclosed 51 treating physicians as...

Excerpt: ...s Motion is GRANTED in part in that Plaintiff is awarded $32,244.42 for prevailing on Plaintiff's 664.6 Motion and for bringing this Motion. Plaintiff is entitled to attorneys' fees. Plaintiff's unopposed motion for judicial notice of documents also filed within this case is GRANTED. The document Plaintiff sought to enforce as the settlement agreement (the “Document”) contains a provision that states: “Attorneys' fees. If any Party brings a...

Excerpt: ...ailure 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 actio...

Excerpt: ...tion for open book account and account stated. It seeks $16,953.12 as the fixed amount owed. Defendant was originally represented by counsel but in October 2020 this court granted the counsel's motion to be relieved, leaving Defendant self represented. Motion This matter is now on calendar for Plaintiff's Motion for Summary Judgment or in the Alternative for Summary Adjudication in favor of Plaintiff on its own complaint against Defendant. As an ...

Excerpt: ...limitations. Defendants argue that each of the causes of action accrued in 2013 when plaintiff was allegedly sexually assaulted by a male masseuse during a therapeutic massage at defendant Me Cotati's Massage Envy franchise, and that each of the applicable statutes of limitations expired no later than December 31, 2017, long before the complaint was filed. Defendants further argue that CCP section 340.16 does not revive any of plaintiff's lapsed ...

Excerpt: ...a)(1) and § 576. Plaintiff objects to the declaration of James Sansone, claiming the statements are hearsay, speculative and conclusive, lacking foundation and personal knowledge, and unsupported expert opinion. The court sustains the objection on the grounds of hearsay, lack of foundation and speculation and conclusory statements. Evidence Code § 1220 is unapplicable, as it applies to admissions of a party opponent, and this statement is offer...

Excerpt: ...tion is untimely. RFAs are due within 30 days of service extended for the manner of service pursuant to CCP section 1013. The deadline can be extended by agreement in writing. (CCP section 2033.260(a),(b).) Unless it expressly provides otherwise, an agreement extending time to respond reserves the right to object to any request. (CCP § 2033.260(c).) When requests for admission have been made, the responding party may promptly move for a protecti...

Excerpt: ... alleges that in May 2012, Plaintiffs contacted Defendant to procure insurance for their real property located at 577 Heights Rd, Santa Rosa, California 95104 (“the Property”). The Property consisted of their home and an outbuilding containing a workshop and a guest bedroom (“the Outbuilding”). Plaintiffs allege that they specifically requested insurance that would cover the cost to rebuild the Outbuilding in the event it was destroyed. I...

Excerpt: ...e manner in which it “operated, designed, constructed, maintained, inspected, repaired, and controlled this section of roadway... as well as the surrounding area,” and this dangerous condition caused the accident and injuries. SAC¶¶20-23. Plaintiffs assert four causes of action: 1) negligence against Toohey, 2) loss of consortium against all Defendants, 3) dangerous condition of public property against the State, and 3) violation of mandato...

Excerpt: ...hall file and serve an order in compliance with the court's order. Facts and History Plaintiffs Jefferson Garcia, Wilson Garcia, and other members of the general public similarly situated are former employees of Defendant Rustic Café who have filed a PAGA and class action lawsuit in which they allege that Defendants, their former employers, violated numerous wage and hour laws, including, among others, failure to pay minimum wage, and failure to...

Excerpt: ... on the Property. Plaintiffs allege that they performed the work but that Defendants failed to pay and in their first amended complaint assert causes of action for breach of contract and quantum meruit. Defendants answered on August 24, 2021. The matter before the court is Plaintiffs' Motion to Enforce Settlement in which they assert that the parties entered into a written settlement agreement (“the Settlement.). They wish to enforce the Settle...

Excerpt: ...ntiffs complain that Defendant breached a settlement agreement (“the Agreement”) resolving disputes between them. They allege that they operate a licensed commercial cannabis business with Plaintiff Jason Smith “(Jason”) as officer, board member, and shareholder of Plaintiff Piner Processing, Inc. (“the Business”), Defendant and several non-parties were also “partners” or members in the business in some fashion but Plaintiffs and ...

Excerpt: ...peared on August 26, 2021. At the conclusion of the hearing, the court dismissed the matter without prejudice. Plaintiff requests set aside of a dismissal but has not established either the error of a party or filed an affidavit of attorney fault. Therefore, Plaintiff has failed to establish the necessary requirements for relief under CCP § 473 (b). Relief upon CCP § 473 (b) is conditioned upon the “mistake, inadvertence, surprise, or excusab...

Excerpt: ...et that matter for hearing. The application is made on the grounds that on December 18, 2020, this Court entered a judgment permanently enjoining Defendant and his successors, assigns, and agents from maintaining any condition or use upon the Property contrary to the ordinances of the County (“the Judgment”). The Judgment also required Defendant to abate the SCC Chapter 26 zoning violation, including junkyard conditions. CCP section 177(b) gi...

Excerpt: ...mino Del Prada Way, Santa Rosa, CA that was improved with only a foundation. (SACC at ¶¶14, 18.) Plaintiff was a subcontractor for the foundation project; Gregory Mitchell was the general contractor; Sandhu was the buyer; Carmen Marinsik was the seller; Pearson Properties, Inc. was the broker; Nadine Reyes was the real estate agent; and Fidelity was the escrow company. (Id. at ¶¶1-8.) Stacey Ankrom was the assigned Escrow Officer for the Fide...

Excerpt: ...) elder abuse (Cal. Welf. & Ins. Code (“WIC”)) § 15600 et seq.; 3) wrongful death. This matter is on calendar for Moving Defendant's demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as well as Moving Defendant's motion to strike pursuant to CCP § 435 et seq. I. Legal Standards A demurrer can be used only t...

Excerpt: ...n is GRANTED. Defendant owns and operates twenty-four-hour residential-care facilities in California for the developmentally disabled and the elderly. Plaintiff worked for Defendant as a direct-care staff member from approximately March 2019 through July 2019. In her complaint, Plaintiff alleges that Defendant failed to provide employees with proper rest periods and meal periods, that it failed to list its complete address on wage statements, and...

Excerpt: ... substantial litigation since Plaitniffs filed it in June 2019. Motions This matter is now on calendar for the Motion for Determination of Good Faith Settlement of John Doe 5 whichone of the Clubs, Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) has filed. Sonoma Valley asserts that it has entered into a settlement of the entire action with the identified Plaintiff and seeks a determination that the settlement is in good faith...

Excerpt: ... (“CCP”) § 2033.280(b), and to compel answers to form interrogatories (“FIs”). I. Relevant Law Cal. Code Civ. Proc. (“CCP”) § 2033.280(a) provides in relevant part that if a party to whom requests for admission are directed “fails to serve a timely response,” the party to whom the requests are directed waives any objection. CCP § 2033.280(b) provides that “[t]he requesting party may move for an order that the genuineness of a...

Excerpt: ...rnia Code of Civil Procedure (“CCP”) § 2025.480 motion to compel a deposition answer to a question posed to the Responding Defendant's PMQ that Responding Defendant's counsel instructed the PMQ not to answer. Plaintiff also requests a protective order directing defense counsel from instructing any witness from answering a question absent a claim of privilege. Moving party also requests monetary sanctions for fees/costs incurred in bringing t...

Excerpt: ...ne-half interest in real property at 1581 Sanders Road, Windsor (“the Property”) and complains that Defendant has collected rent from the Property but failed to pay Plaintiff his share of the rent. He seeks partition of the Property and payment for his share of the rent as well as costs and other expenses. He filed this action on July 24, 2020. Plaintiff filed proof of service for the summons and complaint in May 11, 2021, asserting service o...

Excerpt: ...itration proceeding. Factual Background By order dated April 26, 2018, this Court granted the petition of Defendant Kaiser Foundation Health Plan, Inc. (“Defendant” or “Kaiser”) to compel arbitration. On May 15, 2018, pursuant to Code of Civil Procedure (“CCP”) section 1008, Plaintiff Andrea Adilene Perez (“Plaintiff” or “Decedent”) filed a motion for reconsideration of the April 26 order, which was denied. Then, on May 23, 20...

Excerpt: ...3.1312 setting the hearing on the OSC re: Contempt for January 14, 2022, at 8:30 a.m., in Department 16. 3-4. SCV-264558, Atrium Holding Company v. Chubb Custom Insurance Company This matter is on calendar for the motion of Plaintiffs Atrium Holding Company (“Atrium”) and PHF II Sonoma LLC (“PHF”)(together “Plaintiffs”) for summary judgment against Defendants Chubb Custom Insurance Company (“Chubb”), the Princeton Excess and Surpl...

Excerpt: ...m, causing damages. They assert that Kelly Jr passed away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust. I. Thomas's Cross-Complaint Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust be...

Excerpt: ...f preparing the Flints' case as one of the Bellwether cases. For the reasons stated below, this Court's September 1, 2021 ruling is hereby vacated, and the motion is DENIED. In this Court's September 1, 2021 ruling, it determined that Defendant's failure to obtain its agent's records was not willful. Therefore, nonmonetary sanctions were not appropriate. The Court then determined that the loss of evidence critical to the Flint case merited a reme...

Excerpt: ...E REQUIRED. The previously posted tentative ruling is as follows: Plaintiff China Page (“Plaintiff”) filed the complaint in this action against defendants Kristen Staley Griffith (“Defendant”) and Does 1-25 with causes of action for general negligence (the “Complaint”). The Complaint alleges that on September 17, 2016 Plaintiff was injured when Defendant struck Plaintiff in the head. This matter is on calendar for Plaintiff's motion t...

Excerpt: ...property at 7585 Valley Ford Road (“Plaintiffs' Property”) and that Defendant Two Rock Volunteer Fire Department (“Defendant” or “TRVFD”), owning an adjacent parcel of real property at 7599 Valley Ford Road (“Defendant's Property”), has improperly maintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They c...