Excerpt: ...approval of the class action settlement (the "Motion"). The Motion is GRANTED. II. Procedural History A. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, th...

Excerpt: ...47.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency 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 impssible in law. (Rakestrawv. Californi...

Excerpt: ...ner filed this action against Respondent pursuant to Welfare & Institutons Code section 15657.03. The prevailing party in an action brought under this section may be awarded court costs and attorney s fees, if any. (Welf. & Inst. Code, S 15657.03(t).) Code of Civil Procedure section 1032 indicates that when a party recovers other than monetary relief, the court determines the prevailing party. Here, Petitioner is the prevailing party as, after a ...

Excerpt: ...o state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of parties. Defendant's demurrer to Plaintiff's Second Amended Complaint is OVERRULED . II. Analysis A. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are...

Excerpt: ...ation between it and Respondent. Petitioner alleges that it and Respondent entered into an Asset Purchase Agreement ("the Agreement") in Santa Rosa, California, by which Respondent agreed to purchase property and rights related to "Public Adjuster Marketing" and agreed to pay Petitoner a specified amount, but breached the Agreement by failing to pay the full amount owed, resulting in a dispute. It contends that the Agreement included an arbitrati...

Excerpt: ...he owns 1% of the Property. He began living at the Property in approximately 2006. At that time, he paid rent to Enrique. In 2014, Enrique informed his children, including Onel, that he agreed that his interest in the Property belonged to Onel's mother, Juana Ramirez ("Ramirez") and that Onel should pay rent to her, which Onel states he has done. However, One' alleges that Enrique later devised a scheme to deprive Ramirez of her interest in the P...

Excerpt: ...) Violation of Sonoma County Code 526-92-150 and 526-92- 260; (4) Violation of Sonoma County and Plumbing Code; (5) Violation of Sonoma County Code 526-06- 040, setback; (6) Public Nuisance; and (7) Private Nuisance. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there i...

Excerpt: ...pposition does not comply with the California Rules of Court. Pursuant to the Rules of Court, memorandums in opposition may not exceed 15 pages without permission of the Court and if the memorandum exceeds 10 pages, it must be accompanied by a table to contents and table of authorities. (Cal. Rules of Court, Rule 3.1113(d) & (f).) "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-f...

Excerpt: ... already passed. Accordingly, this request is moot. Plaintiff has requested the Court contact the prison where he is housed and inform them of all future scheduled court hearings as well as make arrangements for him to be able to appear at the hearings for this matter via telephone. Plaintiff is responsible for keeping himself apprised of the scheduled hearings in this matter. Furthermore, as outlined in the Court's tentative rulings webpage, all...

Excerpt: ...stic Bakery International, Inc. as a named defendant. The motion is GRANTED. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, ...

Excerpt: ...n a water leak, Plaintiff was denied insurance coverage when looking to repair the damage. (ld. at 15-16.) Plaintiff complains that Defendant PIA and Defendant Chuck Elvert as an agent of PIA breached their duty in failing to procure insurance for Plaintiff, to notify Plaintiff insurance was not obtained, or to notify Plaintiff of a gap or cancellation of coverage. (ld. at '1 2.) Defendant disputes this claiming that it did obtain coverage for Pl...

Excerpt: ... Defendants at the Colibri Grill Café ("CGC") she suffered sexual harassment, a hostile work environment, and discrimination based on her gender. Plaintiff alleges that Defendant Alberto Gomez ("Gomez") owns and operates CGC and is the one who engaged in the alleged wrongful conduct. On August 18, 2022, Plaintiff served Defendant Gomez with Form Interrogatories—General Set One; Form Interrogatories — Employment, Set One; Special Interrogator...

Excerpt: ... consolidation will avoid unnecessary costs and delay as both cases can be tried as a single matter, eliminate the cost and expense of a second trial on the same facts, and promote judicial economy. This action involves plaintiffs Luisa Florencio Rivera ("Rivera"), Joanna Florencio ("Florencio"), and minor Felipe Carapia ("Carapia"), and defendants Thomas Louis Salazar ("Salazar") and David Michael Sullivan ("Sullivan"). The complaint alleges tha...

Excerpt: ...for any action brought relating to the Project. (ld. at 3:1-4.) Plaintiffs David Pelayo, Roberto Hernandez, Edmond Andre, Bryan Munoz, and Brian Medeiros (together "Plaintiffs"), who were employed by UPA to work on the Project, were paid less than the required rate and filed their complaint alleging violations of various California Labor Code, among other causes of action, and naming as defendants UPA and the City. (ld. at 3:1-4; Plaintiffs' Comp...

Excerpt: ...y's moton pursuant to Cal. Code Civ. Proc. ("CCP") S 664.6 to enforce settlement. The Motion is DENIED. I. Underlying Facts The parties participated in multiple settlement conferences. On November 10, 2022, the parties appeared before the Honorable Judge Zuniga, and the parties came to a framework of terms which were orally recited before the Court. See generally Declaration of Michael King in Support ("King Decl"), Exhibit 2 ("Transcript"). Duri...

Excerpt: ...ew reply papers must be filed and served by May 19, 2023. Alternatively, the parties may resolve this matter by stipulating to a new Complaint-in-Intervention or they may appear and attempt to resolve the matter at the hearing. The court will continue the matter as specified above absent resolution. Facts and History Plaintiff complains that on May 28, 2021 he suffered injuries as a result of Defendants' negligence in maintaining safety on a cons...

Excerpt: ... memorandums to 10 pages without leave of Court. Defendant did not seek leave of Court to submit an oversized brief. Accordingly, in fairness to Plaintiff, the Court will not consider the last two pages of Defendant's reply memorandum. Furthermore, Defendant submitted a notice of errata with its reply papers which submits the 2011 and 2012 editions of its constitution and membership requirements. Plaintiff has not had the opportunity to respond t...

Excerpt: ...the Property, the Referee determined that the minimum price for the Property set out in the settlement agreement is grossly excessive. He provides the following reasons why he believes the Property is worth less than half of the amount set out in the settlement agreement. It is a faux winery that has been converted to vinegar production, which is incompatible with wine production. All existing equipment would have to be removed and replaced to re...

Excerpt: ...de Civ. Proc. ("CCP") S 435. The motion is GRANTED with leave to amend. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 43...

Excerpt: ...compel Plaintiffs to submit their claims to arbitration and to stay this pending litigation, alleging that Defendant Kaiser Foundation Health Plan, Inc. ("Health Plan") is a non-profit public benefit corporation and licensed health care service plan under the Knox-Keene Health Care Services Plan Act of 1975("the Act") at H&S Code section 1340, Plaintiffs were, through Tammy's employment, enrolled in Health Plan with an Evidence of Coverage ("EOC"...

Excerpt: ...ir depositions, Defendants previously gathered that Plaintiffs were alleging the following: 2. 3. 4. Hall: Ongoing pain in shoulders, knees, lower back, and neck. (MTC, 2:24-27; Declaration of Adrianne C. Duncan ["Duncan Decl."], "2, 4-6, Exhibit A, Exhibit B.) Noakes: Ongoing pain in lower back and left leg. (MTC, 3:2-6; Duncan Decl„ 4, Exhibit C.) Williams: Ongoing pain in back, neck, left leg, and headaches. (MTC, 3:7-11; Duncan Decl., 95, E...

Excerpt: ...ng other vehicles with the same components. Plaintiffs brought the Vehicle for maintenance or repair issues but Defendant did not disclose the true problems and failed to cure the defects. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC") section 1790, et Plaintiff eventually filed a notice of conditional settlement ofthe entire action. He later filed a moton to enf...

Excerpt: ... their complaint against defendants Hang "Henry" Chen ("Chen"), Yin "Carlson" Chan ("Chan"), Kawana Santa Rosa Holdings, LLC ("Holdings"), Yu "Pierson" Pan ("Pan"), Ying Gao aka Ivy Chenn ("Gao"), Propriis LLC, DL Propriis Construction LLC, and DL Propriis Construction, Inc. (collectively, "Defendants"). Plaintiff Wu, alleging that she is sole owner of Coulombe and that the owns a 24.59% interest in nominal Defendant Kawana Meadows Development, L...

Excerpt: ...rete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterprises, Inc., ("Worden"), Gallagher Construction, Inc. and William Gallagher (collectively, the Gallaher defendants"), Redwood Empire Concrete Pumping Equipment ("Redwood"), and Tire & Company ("Goodyear") Meanwhile, the Shep D...

Excerpt: ...ng and in compliance with Rule 3.1312. The Court thanks the appointed demurrer facilitator for his detailed and informative report. Analysis: l. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superiorcourt ...

Excerpt: ...ve to amend, Defendants' concurrently filed motion to strike is GRANTED without leave to amend, as to the entre complaint. . Procedural History This action arises from Plaintiffs default on his mortgage and subsequent foreclosure on his home located at 9688 Barnett Valley Road, Sebastopol, California, 95472. (Complaint, 3, 11-21; Demurrer, 13:24-28, 14:1-13.) Plaintiff brought two separate, nearly identical actions in this Court regarding the sam...

Excerpt: ... Defendants negligently left a b-cycle rack on their car protruding into a pedestrian area at 860 Gravenstein Highway in Sebastopol, knowing that it was not readily visible to pedestrians, so that as Plaintiff walked by, she struck the rack and suffered injuries. Plaintiff's attorney filed a motion to be relieved as counsel, which the court granted on February 9, 2022. The order granting the motion was entered on April 18, 2022. Defendants Rachel...

Excerpt: ...d, Sebastopol. After she filed the original complaint, captioned "Quiet Title Suit," she filed a "First Amended Petition" ("FAP") on March 18, 2022. Plaintiff filed an ex parte motion to seal the FAP on March 22, 2022 which was denied. Defendants demurred to the FAP but the court continued the demurrer from its original hearing because petitioner had appeared without giving notce to the court or other parties. At the second hearing on November 9,...

Excerpt: ...other requests for summary adjudication are DENIED. Defendant's objections numbers 2, 5, 9-16 to Plaintiff's evidence are SUSTAINED. All other objections are OVERRULED. Counsel for Defendant Richard Cardiff shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts In 1994, Defendant Cardiff began running youth group tennis classes or tennis camps at Ragle Park during the s...

Excerpt: ... this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). l. Facts and Procedure This action arises from the employment of Plaintiff Roberto Caballero (hereinafter "Plaintiff) with Defendant Jackson Family Wines, Inc. (hereinafter "Defendant") during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Laws...

Excerpt: ...al Hist This achon arises out of business and employment agreements between Plaintiffs Tatum Trantham, Whitney Morris, and Sue Carol Trantham (together "Plaintiffs") and Defendants Kim Lichter Gardner and William Cody Leck (together "Defendants"), in regards to Defendants' business Two Rocks of Two Rock LLC. (Memorandum of Points and Authorities in support of Motion to Compel ["MTC Leck"], 1:22-26.) Plaintiffs served Form Interrogatories, Set One...

Excerpt: ...24, 2022. Following his arrest, Petitioner requested an administrative hearing on March 1, 2022 and after the hearing before a hearing offcer, Respondent on June 27, 2022 issued an Order of Suspension for one year. He contends that on his detention, he rejected a breath test and instead chose to undergo a blood test, but that when the staff at the hospital to which he was taken were unable to find a suitable vein, the arresting officer simply aba...

Excerpt: ...et, LLC, ("601") to recover back rent from its tenant, Defendant David Frym ("Frym"), under case number SCV- 267300 (the "underlying action"). (Memorandum of Points and Authorities in support of Motion to Strike Complaint ["ant-SLAPP Motion"], 7:7-9.) Frym, through his counsel Defendant Cory Birnberg ("Birnberg"), then filed a cross-complaint in the underlying action against 601, as well as its representative Angela DeCarli ("DeCarli") and fts co...

Excerpt: ...Defendant"), arising initially out of the County's refusal to grant Plaintiffs a building code exemption. This matter is on calendar for County's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. l. Legal Standards A demurrer can be used only to challenge defects that a...

Excerpt: ...r is OVERRULED. Cross-Defendant Pepper Shack's motion to strike is MOOT due to the sustaining of the demurrer to the Fourth Cause of Acton as to this cross- defendant. Cross-Defendants The Design Build Company, LLC, Robert Auger, and Jon Currier have not filed a joinder to the motion to strike nor their own motion to strike. Counsel for Cross-Defendant Pepper Shack Consulting, LLC shall submit a written order consistent with this tentative ruling...

Excerpt: ...filed with the court on April 27, 2022, for payment of the entire amount. The entire case was dismissed without prejudice on May 9, 2022, on the condition that the court would retain jurisdiction under Code of Civil Procedure ("C.C.P.") section 664.6 to enforce the settlement. Per the Agreement, Defendant agreed to pay "a downpayment of $180.48 on or before March 25, 2022, followed by a minimum of $180.56 on the 25th day of every month with the f...

Excerpt: ...ndividually and as successor and heir of her daughter, Vanessa French ("Decedent") filed the original complaint in this action against Defendants Andrew Patrinellis, M.D. and Napa Valley M.D. arising out of Decedent's death. Meanwhile, after Wendy had filed her complaint in this action, Decedent's father Patrick French ("Patrick" or "Father Plaintiff") filed a separate action against Defendant Patrinellis ("Defendant") arising out of Decedent's d...

Excerpt: ...dication is GRANTED in part and DENIED in part. Summary adjudication of Plaintiff's Second Cause of Action for Breach of Covenant of Good Faith and Fair Dealing and Fourth Cause of Action for Negligent Misrepresentation is GRANTED in favor of Defendants. Summary adjudication is denied as to all other causes of action. Defendants' request for judicial notce is GRANTED. The following objections raised by Defendants are sustained: objection to SSLJF...

Excerpt: ... at 5687, 6685, and 6683 Sonoma Highway in Santa Rosa ("the Property") on September 23, 2020, they entered into the Contract and obtained the Policies covering the Property. They add that they own and operate a winery, flower farm, vineyard, and wedding venue on the Property. Plaintiffs allegedly had begun the process of obtaining insurance coverage for the Property through Defendant Cheda Insurance Agency ("Cheda") and its producer, Defendant Ja...

Excerpt: ... 2020 in Sonoma County at the intersection of State Route 12 ("SR-12") onto Arnold Drive. (Complaint, "1 1-15fPA11 .) The State supplied a traffic collision report prepared by the California Highway Patrol regarding the subject collision, attached as Exhibit 2 to the declaration of Skitch W Crosby in support of the motion for summary judgment ("Decl. Crosby"). Per the traffic collision report, the investigating California Highway Patrol officer T...

Excerpt: ...f his conditions. He allegedly was admitted to the Facility for rehabilitation following an emergency hospital treatment, he suffered from Parkinson's disease, and he was accordingly unable to care for himself. Defendants, however, allegedly neglected him and mistreated him, failing to care for his basic needs and provide for his safety, causing injuries. Among other things, Plaintiffs allege, Thomas was allowed at least twice to fall and suffer ...

Excerpt: ... on Plaintiff's cellphone on the date of the subject accident. Sanctions are granted in the amount of $1,050. Defendant argues that good cause exists to compel further response from Plaintiff requiring Defendant to produce his cell phone for inspection under Cal. Civ. Proc. Code SS 2031.310, 2016.040 because Defendant is only seeking relevant information that is admissible in evidence and reasonably calculated to lead to the discovery of admissib...

Excerpt: ...intiff by her motion seeks this Court to deem that Defendants' have waived all objections by untimely service of responses to Plaintiff's Request for Admission. Plaintiff mainly argues that the responses were only e-served by email on the agreed upon deadline on July 22, 2022, in violation of the Discovery Act at code of Civil Procedure ("C.c.p.") sections 2033.240(a), 2033.250(a), 2033.270(a), and 2033.280(a), and that hard copies were not timel...

Excerpt: ... engaged in discovery, and appeared for a settlement conference in 2015. (ld. at 3:19-28.) Ford filed a motion for summary judgment but took it off calendar when Plaintiff represented that it would accept an offer for settlement. (ld. at 4:1-10.) Plaintiff thereafter filed a conditional notice of settlement on February 16, 2015, representing that a request for dismissal would be filed no later than "March 24, 2016," but Plaintiff failed to do so,...

Excerpt: ...granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 2. 3. 4. 5. 6. 7. 8. Age Discriminaton in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from unlawful Discriminatory Conduct (Acrisur...

Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...

Excerpt: ... and Order dated January 22, 2021 and the County's determination of penalties in the amount of $17,500. Respondents County of Sonoma and Permit Sonoma (the "County") posted a Notice and Order on Petitioners' property on January 22, 2021 for Unlawful Commercial Cannabis use in violation of Sonoma County Code ("SCC") Chapter 26. The County issued this Notice and Order following a code inspector's ins#ction of the property and finding of cannabis cu...

Excerpt: ... already denied that moton. Nick Turner's Motion to Vacate (Cancel) Judgment DENIED. There is no proof of service. As explained below, the moving party must file a proof of service demonstrating service of the moving papers and notice of the hearing. The moving party also has failed to demonstrate good cause as required for the relief sought. Facts and History Plaintiff claims that Defendants Heather Corona, Bonnie Schultz, Mike Schultz, Nicholas...

Excerpt: ... and Leave to Defendant Acton ["Motion"], 1:25-27.) Plaintiff later filed an amended complaint on June 30, 2022, and filed a proof of service of process on September 8, 2022, on the amended complaint. (Mohon, 1:28, 2:1.) Due to lack of response, Plaintiff requested for entry of default against Defendant on September 21, 2022. (Motion, 2:2- 6,) Defendant has filed this Motion on the grounds that, due to the excusable neglect of their counsel, Defe...

Excerpt: ...quest, Defendant has waived all objections to it. (CCP S 2031.300) Defendant is ordered to respond to these special interrogatories, without objections, within 30 days of notice of entry of an order on this motion. Plaintiff has requested sanctions in the amount of $7,250.50 for this motion alone. This is based on Plaintiff's counsel's declaration that counsel spent 17.9 hours on the motion and on attempts to meet and confer with Defendant. Plain...