Excerpt: ...e of this order. Plaintiff shall pay $1,176.90 in sanctions to Defendants within thirty (30) days of notice of entry of the order on this Motion. I. Relevant Law CCP § 2025.450(a), provides: “If, after service of a deposition notice, a 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 unde...

Excerpt: ...he Complaint (violations of the California Family Rights Act (“CFRA”)); and 2) of the sixth cause of action in the Complaint (violations of the California Family Medical Leave Act (“FMLA”)) For the reasons set forth below, the Motion is DENIED. I. Underlying Facts SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff's Separate Statement of Facts in Support (“PSS”) ¶ 2. Plaintiff was a full time employee o...

Excerpt: ...Wilson (“James”) is the son of Cathy and Jeffrey and the latter's successor in interest. Plaintiffs assert causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petitioned the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation, or alternatively, to stay the action in order to allow...

Excerpt: ...ations. Cal. Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is OVERRULED. 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, the running of the statute must appear “clearly and affirmatively” from ...

Excerpt: ...erly 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 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 Propert...

Excerpt: ...tiffs allege that the Property in particular suffered from a mold infestation which damaged Plaintiffs' personal property and harmed Plaintiffs themselves, Plaintiffs informed Defendants and asked Defendants to remedy the situation, and Defendants instead evicted Plaintiffs and improperly retained their security deposit. Defendants filed a cross-complaint against Plaintiffs for breaching the lease agreement by failing to maintain the Property as ...

Excerpt: ...irst cause of action for premises liability, second cause of action for negligence, third cause of action for intentional misrepresentation, sixth intentional infliction of emotional distress, and seventh cause of action for fraud and deceit. The demurrer to the fifth cause of action for Breach of Warranty of Habitability is SUSTAINED without leave to amend. As to plaintiffs Latchmi Lala and Kevin Lala, the demurrer to the fourth cause of action ...

Excerpt: ...ross-Complainants”) for an order determining that the settlement between the Mosaic Entities and the Bisno Cross-Complainants was entered into in good faith and dismissing with prejudice all existing and further actions or claims against the Mosaic Entities and the Bisno Cross-Complainants for equitable comparative contribution and/or partial or comparative indemnity, based on comparative negligence or comparative fault. The motion is DENIED. I...

Excerpt: ...fendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §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 essential elements of a common c...

Excerpt: ...mend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Sup.Ct. (Morgan) (1959) 172 Cal. App. 2d 527, 530.) If delay in ...

Excerpt: ...action 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 GRANTED. Code of Civil Procedure § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that ele...

Excerpt: ...ing a Deposition on the Record, and Other Discovery Abuses. The only memorandum of points and authorities filed in support of the motion was filed as part of the ex parte application. That memorandum states that on September 10, 2021, Defendants' counsel sent the Notice of Deposition of Seth Broadhead with a Demand for Documents and Things. Plaintiff stated he would appear on October 5, 2021, and the new deposition notice was served. On October 4...

Excerpt: ...pecial supplemental interrogatories (“SIs”). The matter was previously continued for the Plaintiff to provide notice of the hearing to Defendant. Notice has been given and no opposition is filed. The Motions are GRANTED. Plaintiff's request for monetary sanctions are also GRANTED as covered below. I. Governing Law Regarding the SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as th...

Excerpt: ...d that he founded SBI but it is presently owned in equal shares by Ron and each of the Individual Defendants, and the FAC sought, among other things, involuntary dissolution of SBI. SBI invoked California Corporations Code (“CC”) § 2000 and an appraisal was ordered per orders entered on December 20, 2016 and January 25, 2017. An appraisal was conducted, and on December 19, 2018 the Court issued an order confirming the appraisal award. The ma...

Excerpt: ...��), claiming that he and Defendant Kathleen McCormick (“Defendant”) each own a 50% interest in the Property. He complains that he paid for the purchase of the Property with his own money before transferring title to himself and Defendant as joint tenants but that he filed a Declaration of Severance of Joint Tenancy and left the Property as a result of Defendant's conduct. He adds that he has paid for the Property expenses even though Defenda...

Excerpt: ...ally, it appears moving party is seeking an order “opening” discovery with respect to the underlying complaint and upon the first three causes of action (COAs) in the cross-complaint (to the extent those COAs still remain pending against any of the cross-defendants). Moving party states that plaintiff and cross-defendants have taken the position that all discovery is currently stayed. Within the motion, moving party acknowledges that, pursuan...

Excerpt: ... substantial factor in causing injury to Plaintiff. For the reasons stated below the motion for summary judgment is DENIED. Procedural Background On April 12, 2019, Plaintiff filed the instant lawsuit in Alameda County Superior Court bringing a single cause of action for professional medical negligence against defendants Sutter Santa Rosa Regional Hospital (SSRRH), Dr. Pride, and Dr. Prieto. (Declaration of Alexandra C. Seibert, Esq. (“Seibert ...

Excerpt: ...uries resulting from a “physical altercation” between the two and Jacobs tendered the defense to Defendant. The latter allegedly denied coverage. Jacobs allegedly then settled the Original Action with Plaintiff and entered into an agreement with Plaintiff by which he assigned all of his rights against Defendant to Plaintiff. Defendant answered on September 28, 2020, denying all allegations and asserting affirmative defenses. Defendant moved t...

Excerpt: ...rounds for the demurrer are: (1) the complaint is barred by the doctrine of res judicata (this Court interprets this ground to be made under CCP section 430.10(e) for failure to state facts sufficient to constitute a cause of action); (2) the complaint fails to state any facts sufficient to constitute any cause of action (CCP section 430.10(e)); and (3) the complaint is barred by the statute of limitations (this Court interprets this ground to be...

Excerpt: ...tly. With respect to the demurrer itself, Defendants demurrer to all causes of action in the complaint on the grounds there is a defect or misjoinder of parties; the complaint fails to allege sufficient facts to constitute a cause of action against Defendants; and the complaint is uncertain. Specifically, Defendants contend that the complaint fails to make any specific allegations against Defendants outside a vague reference that they are Hector'...

Excerpt: ... demurrer, since there was a good faith disagreement as to whether exceptional circumstances must be pleaded. Counsel for Cross-defendants shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. DISCUSSION: Cross-defendant's demur to Cross-Complainant's First Cause of Action for Breach of Contract on the grounds that it fails to state facts sufficient to constitute a cau...

Excerpt: ...e any basis for changing the court's ruling on the preliminary injunction and so denies the motion on that basis as well. However, the court exercises its right to modify the prior order as described below. Defendant/Respondent moves the court for reconsideration based on new facts and circumstances. It claims that he injunction has the potential to cause harm because, as a result of it, the exterior of the Garage is dark, making it difficult for...

Excerpt: ...e § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.” A defendant meets its burden by presenting affirmative evidence (such as declarations, discovery responses and/or deposition testimony) negating, as a matter of law, an essential element of plaintiff” s claim. (Guz v. Bechtel Na...

Excerpt: ...ies two purported causes of action: 1) medical malpractice, and 2) res ipsa loquitur. Plaintiff has filed no opposition to this motion and Defendant has filed a statement that he has received no opposition. I. Motion Defendant moves the court for summary judgment or, alternatively, summary adjudication of the following issues: (I) Plaintiff's first cause of action for medical malpractice because Defendant acted within the standard of car and no a...

Excerpt: ...ime 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”). Sanctions of $345 are awarded to the moving party. The Motion to Compel Discovery Responses and for Imposition ...

Excerpt: ... resolution of Ramos II. In the second motion, Defendant contends that Plaintiffs are actively preventing enforcement of the judgment in this case by failing to comply with the Court's Charging Order and by improperly transferring assets out of their own names and into their entities. Thus, Defendant seeks the following relief (A) for an assignment order assigning Plaintiffs' interest in all rents, contracts, income, commissions, and all rights a...

Excerpt: ...y the proceedings pending resolution of Defendant's related action against Plaintiff HOA, Simons v. Wild Oak Homeowners Assoc., SCV-268591 (“Defendant's Action”). Courts generally have power to stay actions when necessary for the interests of justice. Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4 th 1484, 1489 “[[t]rial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial e...

Excerpt: ...s follows: Item No. 8.b, expert fees for Jeff Mallan and Christine Davis in the amount of $3,700.00; Item No. 4, deposition costs of non- parties Michelle Richards and Deborah Tjaden in the amount of $1,638.01; Item 14, eFees from electronic filing service provider in the amount of $452.79; and, Item No. 1, filing and motion fees in the sum of $60.00. If the items appearing in a cost bill appear to be proper charges, the burden is on the party se...

Excerpt: ...ents with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.”]; see also, Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564 [A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, a...

Excerpt: ...action is SUSTAINED, with leave to amend, and the demurer to Plaintiffs' negligence cause of action is SUSTAINED, without leave to amend. Plaintiffs have thirty (30) days from the hearing to file a Third Amended Complaint. The motion to compel further responses to requests for production is DENIED on the grounds Hughes' separate statement is fatally defective. Hughes' request for sanctions is DENIED. 1. Facts Relevant to Both the Demurrer and Mot...

Excerpt: ...ber 2, 2020, by filing a Petition for Order Determining Trustee's Title to Real and Personal Property (“the Petition”). The Petition seeks confirmation that title to real property located at 19459 Hidden Valley Road, Guerneville, CA (“the Property”) and that certain cash, funds, and securities are assets of The Jennifer Ann Donovan Living Trust created on July 27, 2017 (“2017 Trust”). Petitioner is the current trustee of the 2017 Trus...

Excerpt: ... lis pendens and the 2007 judgment of dissolution in SFL-36906 is granted. This Court also takes judicial notice of the 2020 TRO filed in SFL-36906. Plaintiff's second cause of action is to quiet title to property located on Ginny Drive in Windsor, APN 163-110-001 (“the Ginny Property”). Plaintiff alleges that in 2011, he paid $20,000 towards the balloon balance of $65,000 on a loan secured by the Ginny Property. (Complaint, ¶¶21, 37.) He a...

Excerpt: ...”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“the Project”) on Plaintiffs' real property at 1128 Kennilworth Road, Kenwood (“the Property”), complaining that Defendants had breached their contractual obligations and negligently caused defects in the Project. Numerous subcontractors were named as cross-defendants, with the usual set of cro...

Excerpt: ... and Bradley Bergum (“Begum”) (collectively, “the Individual Defendants”), also members and officers of SEP, have breached their fiduciary duties and engaged in self-dealing in their capacities with SEP for their own gain at the expense of Plaintiffs as well as SEP and its subsidiary entities, Sports City Santa Rosa, LLC, Santa Rosa Realty Partners, LLC, and Santa Rosa Entertainment Company, LLC (collectively, “the Combined Entities”)...

Excerpt: ... accident on February 20, 2020. Plaintiff filed the instant complaint against defendants Gail Amundsen and Julie Anne Amundsen (together “Defendants”) on June 28, 2021. Moving Defendant was personally served on July 6, 2021. Defendants attempted to file a joint answer on August 6, 2021, which was rejected by the court due to failure to remit fees. Plaintiff requested entry of default on August 9, 2021, which was granted against Moving Defenda...

Excerpt: ...have violated their duty of candor to this court. The motion seeks sanctions from Vineyard at Fountaingrove, FM Santa Rosa Investors, LLC, Frontier Senior Living, LLC., and Tyler Mason, and their counsel Reuben B. Jacobson, Esq. and Miranda L. Bane, Esq.,jointly and severally. CCP section 128.5 gives the court discretion to order a party and/or attorney to pay “reasonable expenses, including attorney's fees, incurred by another party as a resul...

Excerpt: ... Plaintiff as a result. She alleges that Defendant hired her to as a “Direct to Consumer Manager” but gave her little authority over staff schedules, no authority to hire or fire, and instead gave her responsibility solely for running the Wine Club, tasting room and culinary program. Plaintiff alleges that on or about April 11, 2019, she told her manager, Dmitri Petropoulos (“Petropoulos”) that Defendant needed to comply with the law rega...

Excerpt: ...l negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of an admission 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. Plaintiffs allege that Defendant was aware that decedent was bleeding from her rectum but did nothing ...

Excerpt: ... or set forth the objectionable statement or material…”].) Power's Objections to Evidence in the opposition numbers 1-8 are OVERRULED. Power's motion for summary judgment or, in the alternative, motion for summary adjudication is DENIED, in its entirety. 1. General Rules for Summary Judgment and Summary Adjudication. “Summary judgment is properly granted when there is no triable issue as to any material fact and the moving party is entitled...

Excerpt: ...on”). Petitioner alleges that Respondent has failed to pay a sum of $60,000 for services rendered, and filed the instant motion to compel arbitration under the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), on the grounds that Respondent agreed to arbitrate any dispute arising out of the Agreement. Petitioner requests attorney's fees and costs. The Motion is unopposed. The Motion is GRANTED. A list...

Excerpt: ...GRANTED. Defendant Mary Rose is directed to provide responses, without objection, to Plaintiff's special interrogatories, set one, numbers 1 through 35, within 20 days of service of this order. As to special interrogatories, numbers 36-291, the motion is DENIED. Sanctions are DENIED. Plaintiff served his Special Interrogatories, Set One, on February 17, 2021. (Miller decl., ¶2.) Plaintiff's first set of special interrogatories consists of 291 qu...

Excerpt: ... Conditions, and Restrictions (“CC&Rs”). Specifically, it contends that the residents of the unit below Defendant's Property noticed mold and other signs of water damage evidently originating from water leaks in Defendant's Property; Defendant refused entry for inspection, after Plaintiff had given proper notice, in violation of the CC&Rs, Plaintiff properly conducted a violation hearing at which Defendant admitted to leaks in his bathroom an...

Excerpt: ... why it is an “attachment” or what it is an “attachment” to. This should be one of the core documents of the record. The petition includes an exhibit which Petitioners allege is the resolution. As far as the court can discern, it appears to be identical to the draft resolution in the record aside from the fact that it is simply the final, actual resolution. The court's ruling will be contingent on the clarification of this issue and the c...

Excerpt: ...ers”), Gavin McDOWELL (“McDowell”), and Does). This matter comes on calendar for defendants 434 CENTRAL AVENUE APARTMENTS LP's and WCGM PROPERTIES LLC's demurrer to Plaintiff's first cause of action for breach of contract. The grounds for the demurrer is that the complaint fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)). Specifically, Moving Defendants argue that Plaintiff has neither attached a copy of th...

Excerpt: ...mber 536905. The unopposed motion is GRANTED. 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 the debtor's interest in the license, unless the debtor est...

Excerpt: ...Properties filed a cross-complaint 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 subrog...

Excerpt: ...0.00, less $225.00 for the payments made to date, for a total judgment sum of $10,375.35. The motion is GRANTED. On December 30, 2019, the parties entered into a settlement agreement on the record before this Court. (Forbes decl., ¶2, Exhibit 1.) The settlement agreement provided, among other things, that judgment in the sum of $10,271.97 would not be entered against Defendant so long as Defendant paid Plaintiff a minimum of $45.00 on or before ...

Excerpt: ...ed to fulfill their contractual obligations regarding the Project and performed their tasks negligently, causing various problems, while claiming to have done everything that they were supposed to have done. Defendant Barber Construction, she adds, entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen...

Excerpt: ...341 Wilson Street (“the Property”). The parties ended their relationship in or around July 2019. Plaintiff filed the instant complaint for partition of the property on December 11, 2020. Defendant was personally served on January 19, 2021. II. Governing Law Under the discretionary relief provision of CCP § 473(b), “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal,...

Excerpt: ...ichalek”), or to provide Plaintiff his share of Michalek's recovery. This action has seen several demurrers and discovery motions. Michalek answered on April 21, 2020. Flahavan demurred eventually to every cause of action in the Fourth Amended Complaint (“4AC”). After a hearing on January 8, 2020, the court sustained the demurrer without leave to amend. Plaintiff appealed the order sustaining the demurrer without leave to amend. On November...

Excerpt: ...adeh and Faramarz Pirzadeh (“Pirzadehs”). (Complaint at ¶6.) Plaintiffs allege Defendant manufactured the generator and sold it to the Pirzadehs, who then sold the generator to Plaintiffs from a Craigslist advertisement. The Pirzadehs were initially named as defendants but on July 21, 2021, the Court granted their motion for summary judgment and entered their request for dismissal on August 16, 2021. The complaint alleges that after using th...

Excerpt: ...de Civ. Proc. (“CCP”) § 437(c) 1) of the first cause of action in the Complaint (violation of Labor Code § 1102.5); and 2) of the second cause of action in the Complaint (retaliation in violation of Govt. Code §12940 et. seq.) For the reasons set forth below, the Motion is DENIED. I. Underlying Facts Plaintiff was a Probationary Fire Captain working for CalFire. Defendant's Separate Statement (“DSS”) ¶ 1. Plaintiff received multiple r...

Excerpt: ...roduction of Documents on June 23, 2021; Defendants' law firm replied by e-mail confirming receipt of the discovery requests; the discovery included the standard 30-day deadline for responding but, although Defendants never requested an extension for responding, Plaintiffs did not receive a timely response. Plaintiffs move the court to compel Defendants to respond to the written discovery and to impose monetary sanctions. Defendants oppose the mo...

Excerpt: ...ed, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Sanctions of $390 awarded to Plaintiff against Defendant. Plaintiff moves the court pursuant to 2033.280 to deem the RFAs admitted and to recover monetary sanctions. When a party fails to respond in a timely manner to RFAs, the propounding party may seek to deem the matters admitted. CCP section 2033...

Excerpt: ...(CCP § 473(b).) Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, relief is mandatory. (Ibid.) Here, Defendant's counsel states that she was misinformed regarding the date of service on Defendant. Counsel states she thought Defendant was served on May 8, 2021, so that...

Excerpt: ...ng profit and loss ratios, and specific targeted capital account percentages. Loudmouth's amended notice of motion states that page 20 of Exhibit A contains highly confidential and proprietary trade secret information which it seeks to maintain under seal to avoid prejudice and competitive harm. The motion is DENIED. Unless confidentiality is required by law, court records are presumed to be open to the public (Cal. Rules of Court, Rule [“CRC�...

Excerpt: ...om “breaching” her “fiduciary duties.” Plaintiff also sought a preliminary injunction barring Defendant from breaching fiduciary duties to Plaintiff and the Company or exercising managerial control over, or acting on behalf of, the Company; and requiring her to turn over all keys, access codes, documents, records, or any other property or information” and the like belonging to, or used by, Plaintiff or the Company. At the hearing on the...

Excerpt: ...oad, Sebastopol (“the Property”) as well as related damages, claiming that Defendants have wrongfully and unlawfully foreclosed on a deed of trust (“DOT”) securing, against the Property, a loan (“the Loan”) with a promissory note (“the Note”). Defendants demurred on the ground that the complaint fails to state facts sufficient to constitute a cause of action, arguing that Plaintiff has no valid cause of action based on his allegat...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...iled the motion for judgment on the pleadings but after the hearing on August 18, 2021, the motion was continued because there was no proof of service or other demonstration of notice to Defendant. After the initial hearing, Plaintiff filed an amended notice of motion with the correct details of the current, new, hearing. It includes the full moving papers. Plaintiff also filed a proof of service showing proper service on Defendant, as required, ...

Excerpt: ... CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a lease agreement for the Subject Property for the initial term of June 1, 2009, through May 31, 2010. Jennifer Powell signed as the owner of the Property as agent for Karen Kardum. Karen Kardum died leaving George A. Kardum Jr., as Trustee of the George A. Kardum Jr. Trust,...

Excerpt: ...imited to obtaining the names and contact information for Defendants' employees during the relevant time period; but, only after issuance of a Belaire-West notice. Plaintiffs Jeferson Garcia (“Jeferson”) and Wilson Garcia (“Wilson”)(together “Plaintiffs”) filed their Class and Representative Action Complaint for Damages, Injunctive Relief, and Civil Penalties alleging that Defendants systematically failed to comply with the California...

Excerpt: ...estroy the subject property. No destructive testing will be performed.” The Motion to Compel Inspection of Real Property is granted; the Request for sanctions is denied. Plaintiffs complain that they rented from Defendants an apartment at 3737 Sonoma Ave #1, Santa Rosa (“the Property”), which Defendants owned and managed, but that Defendants knowingly or negligently maintained the Property in a substandard, uninhabitable condition and, afte...

Excerpt: ...��) in Sebastopol and the Laguna High School (“Laguna”) campus (“the Laguna Campus”) in Sebastopol, while transferring both the Laguna students, faculty, and staff as well as Respondent's district offices to the El Molino campus (“the El Molino Campus”) (“the Consolidation”); 2) finding that the Consolidation is exempt from the California Environmental Quality Act (“CEQA”); 3) approving a Notice of Exemption from CEQA (“NOE�...

Excerpt: ...ted arbitration between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the P...

Excerpt: ...denies the motion to the extent that Plaintiffs seek a judgment for the “high” amount of $2 million. The court instead determines that Plaintiffs are entitled to a judgment only for the “low” figure of $250,000. A. Procedural Posture As alleged by Plaintiffs, Defendant Mid-Century Insurance Company issued an insurance policy (“the Policy”) covering Plaintiffs' real property at 2130 Vintage Circle, Santa Rosa (“the Property”) with ...

Excerpt: ...a (“the Project”) but that Defendants failed to fulfill their contractual obligations regarding the Project. Plaintiff alleges that Defendant Barber Construction entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen Ghoreishi (“Ghoreshi”) is an officer of Kohan, Defendant Tyrone Barber (“Bar...

Excerpt: ...mons and complaint, and thus the deadline for responding, incorrectly, causing his attorney to try to file the answer a few days too late. CCP §473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP §473(b). The motion must be brought within 6 months and the grounds for seeking the relief do not affec...

Excerpt: ...dant filed this motion on July 2, 2021, that request is DENIED on the grounds Defendant has not sufficiently demonstrated that the Order was entered as a result of her “mistake, inadvertence, surprise, or excusable neglect” and she has not explained how she intends to address any “mistake, inadvertence, surprise, or excusable neglect” in further pleadings. Specifically, the Code states that “[t]he court may, upon any terms as may be jus...

Excerpt: ...f the entire action, stating that the parties entered into a settlement agreement providing for dismissal upon satisfactory completion of specified terms. It adds that Plaintiff will file a request for dismissal no later than November 3, 2021. On March 22, 2021, Plaintiff filed a written stipulated agreement signed by both Plaintiff and Defendant. This states that the court is to retain jurisdiction pursuant to CCP section 664.6; and that “Plai...

Excerpt: ... CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a lease agreement for the Subject Property for the initial term of June 1, 2009, through May 31, 2010. Jennifer Powell signed as the owner of the Property as agent for Karen Kardum. Karen Kardum died leaving George A. Kardum Jr., as Trustee of the George A. Kardum Jr. Trust,...

Excerpt: ...iled the motion for judgment on the pleadings but after the hearing on August 18, 2021, the motion was continued because there was no proof of service or other demonstration of notice to Defendant. After the initial hearing, Plaintiff filed an amended notice of motion with the correct details of the current, new, hearing. It includes the full moving papers. Plaintiff also filed a proof of service showing proper service on Defendant, as required, ...

Excerpt: ...irage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [a trial court has broad discretion to accept or reject late-filed papers.].) The Code provides that “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other ci...

Excerpt: ...m “breaching” her “fiduciary duties.” Plaintiff also sought a preliminary injunction barring Defendant from breaching fiduciary duties to Plaintiff and the Company or exercising managerial control over, or acting on behalf of, the Company; and requiring her to turn over all keys, access codes, documents, records, or any other property or information” and the like belonging to, or used by, Plaintiff or the Company. At the hearing on the ...

Excerpt: ...ss-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) breach of fiduciary duty. This matter is on calendar for the demurrers to the Cross-Complaint filed by Cross-Defendant, both on the grounds that Harold Petersen and Steve Petersen (“Responding Cross-Complainants”) have no standing to bring the cause...

Excerpt: ...2) retaliation (against SPLC); 3) common counts (against all Defendants); 4) breach of the covenant of good faith and fair dealing (against SPLC); 5) failure to page wages pursuant to Cal. Lab. Code (“LC”) §§ 200-203 and the FLSA (against SPLC and Singler); and 6) failure to pay all hours worked pursuant to LC § 1194 et seq. and the FLSA (against SPLC and Singler); 7) waiting time penalties pursuant to LC §§201-203 (against SPLC and Sing...

Excerpt: ...oad, Sebastopol (“the Property”) as well as related damages, claiming that Defendants have wrongfully and unlawfully foreclosed on a deed of trust (“DOT”) securing, against the Property, a loan (“the Loan”) with a promissory note (“the Note”). Defendants demurred on the ground that the complaint fails to state facts sufficient to constitute a cause of action, arguing that Plaintiff has no valid cause of action based on his allegat...

Excerpt: ...h of express warranty); 2) of the second cause of action in the FAC (for breach of implied warranty); 3) of the third cause of action in the FAC (for violation of Civ. Code §1793.2); and 4) adjudication of the issues of civil penalties under the Song-Beverly Act. For the reasons set forth below, the Motion is DENIED. I. Evidentiary and Pleading Issues “The opposition papers shall include a separate statement that responds to each of the materi...

Excerpt: ...s on calendar for defendant Brian McDonald's (hereinafter “Defendant”) motion for leave to set aside the default and any default judgment entered against him on complaint filed by plaintiffs Gino Medeiros and Antonio Medeiros (hereinafter “Plaintiffs”) pursuant to CCP § 473(b) on the basis that it was predicated upon allegedly invalid service. The Motion is GRANTED. I. Procedural History This case arises out of a series of disputes betwe...

Excerpt: ...f the entire action, stating that the parties entered into a settlement agreement providing for dismissal upon satisfactory completion of specified terms. It adds that Plaintiff will file a request for dismissal no later than November 3, 2021. On March 22, 2021, Plaintiff filed a written stipulated agreement signed by both Plaintiff and Defendant. This states that the court is to retain jurisdiction pursuant to CCP section 664.6; and that “Plai...

Excerpt: ...tion for summary judgment or, in the alternative, summary adjudication is DENIED, in its entirety. This action arises from a slip and fall at the Sandman Hotel in Santa Rosa, California. In her complaint, Plaintiff alleges that she was injured while working as a front desk clerk at the hotel when she slipped on a blanket/tarp that covered the floor in a construction zone at the hotel. (UMF 1.) It is disputed who Plaintiff's employer was at the ti...

Excerpt: ...mons and complaint, and thus the deadline for responding, incorrectly, causing his attorney to try to file the answer a few days too late. CCP §473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP §473(b). The motion must be brought within 6 months and the grounds for seeking the relief do not affec...

Excerpt: ... arbitration matters pending before the AAA is GRANTED. The motion for clarification of this Court's December 16, 2020 order is DENIED. Consolidation Code of Civil Procedure section 1281.3 provides, in full: A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exi...

Excerpt: ...ion. Plaintiff's request for sanctions covering his attorney's fees is DENIED. Initially, the Court rejects Plaintiff's argument that the Court lacks jurisdiction to rule on this motion based on the fact Plaintiff did not get proper notice. In fact, pursuant to the parties' stipulation, the Court continued the hearing to September 15, 2021 and the Court's Order was served to counsel for both parties. Thus, Plaintiff cannot credibly claim he did n...

Excerpt: ...e “Crossing”). This matter is on calendar for the motion filed by the Petitioner for severance of the seventh and eighth causes of action. The Petitioner's motion is denied. I. Governing Law CCP § 598 provides in relevant part that “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby” make an order no later than 30 days before the tria...

Excerpt: ...ion between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the Project, Plai...

Excerpt: ...a (“the Project”) but that Defendants failed to fulfill their contractual obligations regarding the Project. Plaintiff alleges that Defendant Barber Construction entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen Ghoreishi (“Ghoreshi”) is an officer of Kohan, Defendant Tyrone Barber (“Bar...

Excerpt: ...denies the motion to the extent that Plaintiffs seek a judgment for the “high” amount of $2 million. The court instead determines that Plaintiffs are entitled to a judgment only for the “low” figure of $250,000. A. Procedural Posture As alleged by Plaintiffs, Defendant Mid-Century Insurance Company issued an insurance policy (“the Policy”) covering Plaintiffs' real property at 2130 Vintage Circle, Santa Rosa (“the Property”) with ...

Excerpt: ...estroy the subject property. No destructive testing will be performed.” The Motion to Compel Inspection of Real Property is granted; the Request for sanctions is denied. Plaintiffs complain that they rented from Defendants an apartment at 3737 Sonoma Ave #1, Santa Rosa (“the Property”), which Defendants owned and managed, but that Defendants knowingly or negligently maintained the Property in a substandard, uninhabitable condition and, afte...

Excerpt: ... I. Underlying Facts Plaintiffs have filed a complaint based on injuries allegedly sustained during an automobile crash. Responding Plaintiff has alleged that he suffered “[s]evere physical, mental, and emotional harms and losses.” In subsequent discovery, Responding Plaintiff outlined specific mental injuries related to his mood, memory issues and the ability to write certain letters. Defendants move for an independent medical examination as...

Excerpt: ...sponsive records, preventing respondents from delaying their response; and, a declaratory judgment finding that the records requested by Petitioner are disclosable public records; that respondents violated the CPRA by failing to timely respond to Petitioner's requests and by improperly obstructing and denying the inspection and release of responsive records; that respondents violated the California Constitution by depriving Petitioner of access t...

Excerpt: ... Court's July 1, 2021 Order denied the Defendant's request to continue the trial date but shortened the time for a motion and set the hearing for September 10, 2021. The Court also stated that “[a]ny additional moving papers shall be filed and served by 7/16/21.” (Ibid.) Defendant did not file its moving papers until August 10, 2021, over three weeks late. Defendant has provided absolutely no explanation why it failed to comply with the Court...

Excerpt: ...y in the civil action and in a representative capacity in the probate action. Tanner also avers the two actions involve the same or similar claims, related to the same underlying property, and seeks the same relief based on the same evidence. Tanner concludes that keeping these cases on parallel tracks in different departments will risk inconsistent rulings and will expend unnecessary resources of the parties and the court. In her opposition to t...

Excerpt: ...he attorney-client privilege or the common-interest doctrine. (See, Code Civ. Proc. §2031.210, et seq.; see also, Costco Wholesale Corp. v. Superior Court of Los Angeles (2009) 47 Cal.4th 725, 733; Citizens for Ceres v. Superior Court (2013) 217 Cal.App.4th 889, 914.) Accordingly, Defendant is ORDERED to provide code-compliant responses and produce all non-privileged documents responsive to requests 1-30 within twenty (20) days of this hearing d...

Excerpt: ...tion, (5) negligence, (6) Violation of California Unfair Competition Law, Bus. & Prof. Code §17200, and (7) reformation, and his claim for punitive damages. The motion for summary judgment is GRANTED. Plaintiff does not contest Defendant Nationwide's motion for summary adjudication as to the Second Cause of Action for Fraud/Intentional Misrepresentation or the Third Cause of Action for Fraud/False Promise. However, Plaintiff argues that there ar...

Excerpt: ...Defendant and Plaintiffs relating to their adjoining properties and Defendant's alleged conduct. Plaintiffs filed the Complaint on November 30, 2020, alleging violations under the Tom Bane Civil Rights Act under Civ. Code §52.1, negligent and intentional infliction of emotional distress, nuisance, and declaratory relief eliminating Defendant's claims for prescriptive easement. Plaintiffs filed a proof of service showing substitute service on Def...

Excerpt: ...mend his complaint to cure the defects explained below, the Court will sign the proposed order lodged with the motion, WITHOUT LEAVE TO AMEND. This case arises from allegations of an unlawful non-judicial foreclosure sale of Plaintiff's property at 3520 Deer Meadow Lane, Occidental, CA. (Complaint at ¶11.) Plaintiff alleges that Defendants, who include the lender, servicer, agents, and others have improperly foreclosed on a loan and promissory n...

Excerpt: ...th Golf, LLC (“Loudmouth”) alleging Sexual Battery (against Jackson), Negligence (against Jackson and Loudmouth), Intentional Infliction of Emotional Distress (against Jackson), and Negligent Infliction of Emotional Distress (against Jackson and Loudmouth). The complaint is based upon Jackson's alleged groping of Plaintiff while she was at work as a waitress at the Mayacama Golf Club. Jackson was at the club during the course and scope of his...

Excerpt: ...ement.This matter is on calendar for Plaintiff's motion pursuant to pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6 and the attached mutual release and settlement agreement (the “Agreement”) to order Defendant to pay Plaintiff the sum of eleven thousand nine hundred and seventy-nine dollars and eighty-three cents ($11,979.83) pursuant to the terms of the Agreement, plus attorney's fees of four hundred dollars ($400) and costs of sixty d...