Excerpt: ... of $46,604.35. A settlement agreement was entered into on April 15, 2021. (Hendrickson decl., Exhibit A.) Pursuant to the agreement, FCA agreed to pay Plaintiff $53,727.05 representing Plaintiff's cash down payment, payments made, registration payments for 2019 through 2021, and reimbursement for Defendant's goods and services. (Id., Exhibit A, ¶1.) In exchange, Plaintiff would turn over the subject vehicle to Defendant. (Id., Exhibit A, ¶2.) ...

Excerpt: ...aintiffs allege that part of the Agreement called for the deferral of $262,142.61 in debt, which was to be forgiven over the course of 3 years in the event timely payments were made by Plaintiffs. Deeming Plaintiffs to have complied with their obligations, Defendant Ocwen issued a 1099-C to Plaintiffs for the 2014 tax year in the amount of $262,142.61. After the Tubbs Fire later destroyed the Plaintiffs' home on their Property, Plaintiffs directe...

Excerpt: ...pground”) of Defendant San Francisco North/Petaluma KOA (“SFPKOA”) in Petaluma, she fell and suffered injuries as a result of a dangerous condition which Defendant negligently allowed or caused. She alleges that she was an invitee and, as she accompanied her grandchildren at dusk between two planters, she fell from the top of a retaining wall onto a roadway below because the hazard lacked proper warnings or lighting to make it evident, and ...

Excerpt: ...g 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 Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a...

Excerpt: ...iff filed suit against defendants Ford and Hansel Ford, Inc. dba Hansel Ford Lincoln Mazda (“Hansel Ford”) (collectively, “Defendants”) on August 12, 2019, alleging that Defendants breached their express and implied obligations under the Song Beverly Consumer Warranty Act related to Plaintiff's 2018 Ford Fusion (the “Vehicle”) that Plaintiff purchased on November 18, 2017 from Hansel Ford. Plaintiff alleges that during the warranty pe...

Excerpt: ...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, and judgments.].) Defendants' Request for Judicial Notice of Exhibit B (an unsigned and unfiled response to a petition for dissolution) and Exhibit C (excerpts from a September 8, 2020 hearing in the parties' dissolution action) is DENIED. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295, f...

Excerpt: ...Hess (hereinafter “Defendants”) to causes of action (“COA”) three, four and seven in plaintiff Mark Tambellini's (hereinafter “Plaintiff”) first amended complaint (“FAC”). Pursuant to CCP Section 430.10(e), defendants demurred to each of the causes of action on the grounds that plaintiff fails to state facts sufficient to constitute a cause of action. Plaintiff filed an opposition to the demurrer. Defendants' requests for judicial...

Excerpt: ...epayment and a guarantee by defendants Robert W. Rex (“RWR”) and Paulette J. Rex (“PJR”). (Ibid.) In her FAC, Plaintiff asserts causes of action for breach of contract and declaratory relief based on Defendant's alleged breach of the Note and the Rexs' failure to honor the guarantee. Plaintiff's original complaint was filed August 3, 2020 and her FAC was filed May 6, 2021. In this demurrer, Defendants challenge both causes of action under...

Excerpt: ...Plaintiff alleges that after the work was completed as agreed, and payment requested, Defendant refused to pay and renounced the agreement. Plaintiff asserts causes of action for 1) breach of contract, 2) quantum meruit, and 3) fraud. Defendant demurs to the third cause of action for fraud on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. In addition, Defendant moves to strike the request for...

Excerpt: ... an LLC. Under a long-standing common law rule of procedure, a corporation or LLC cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) It must be represented by licensed counsel in proceedings before courts of record. (Ibid.) Defendant Diaz canno...

Excerpt: ...ruling continuing the matter, the Court also observed: That being said, if the representations made in Petitioner's motion and supporting declarations are proven true by the exhibits hereinafter filed, and if indeed Respondents have not provided a code compliant accounting by the time of the hearing, as this Court has repeatedly ordered, the Court is inclined to grant Petitioner relief. It is often, and unfortunately, a repeated factual scenario ...

Excerpt: ... action for negligent misrepresentation, fifth cause of action for negligence, and sixth cause of action for violation of unfair competition law under Business and Professions Code section 17200. Defendant's motion for summary adjudication of each of Plaintiff's causes of action, and for summary judgment of Plaintiff's complaint, is GRANTED. Plaintiff does not contest Defendant's motion for summary adjudication as to the second cause of action fo...

Excerpt: ...e Analy Campus”) in Sebastopol and the Laguna High School (“Laguna”) campus (“the Laguna Campus”) in Sebastopol, while transferring 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”); 4) all associated decisions made on ...

Excerpt: ... of implied warranty under the Act; 3) violation of §1793.2 under the Act; and 4) fraudulent inducement-concealment. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. The court orders Defendant and Defendant's counsel to pay sanctions in the amount of $1,830 within 30 days of notice o...

Excerpt: ...nated based upon her protected gender status. The cross-complaint alleges causes of action for conversion and breach of fiduciary duty & duty of loyalty. Foxworthy alleges that Plaintiff began work as an independent contractor for Foxworthy in March 2017. (Proposed Cross-complaint [“XC”] ¶5.) Her agreement called for payment of $35 per hour. (XC ¶5.) Castiglione's duties included, but were not limited to, secretarial, payroll processing, ca...

Excerpt: ....m., in Department 16, to allow Plaintiffs' counsel to file documentation regarding the amount of costs incurred as a result of preparing the Flints' case. Timeliness The Farmers Defendants argue that this is an untimely motion to compel further. The Court finds it is a motion to compel compliance under Code of Civil Procedure section 2031.320 because Farmers would have had the subject documents if they had obtained them during their investigatio...

Excerpt: ...the time he was terminated. Specifically, Defendant argues that in order for commissions to be earned on construction or multi-disbursement loans, the 2020 Enhanced Base Pay Plan provides that residual commissions will not be paid until a recorded Notice of Completion is received and approved; for 504 loans, commissions are not earned until the second deed of trust debenture is fully funded and paid off; and, commissions can only be earned if the...

Excerpt: ...� facts and alternative theory of liability, i.e., that Terry's counsel only recently discovered facts purporting to show that Plaintiff and Cross-Defendant Greg Levy (“Levy”) made statements during his unrelated 2013 dissolution action that contradict certain positions he has taken in this case. Specifically, Terry states that “[i]n this case, Levy claims that he and Terry are business partners who leased real property from him (Levy) to o...

Excerpt: ...ants The Kohan Group, Inc. (“Kohan”) and Barber Construction, Inc. (“Barber Construction”) by which Defendants agreed to construct improvements on an office building for a dentistry office at 1301 South Point Boulevard, Petaluma (“the Project”) but that Defendants in various ways failed to fulfill their contractual obligations regarding the Project and performed their tasks negligently, causing various problems, while claiming to have...

Excerpt: ...s of action on the grounds that plaintiff fails to state facts sufficient to constitute a cause of action. Plaintiff filed an opposition to the demurrer. Defendants' requests for judicial notice of various court filings are GRANTED. For the reasons described below, the Defendants' demurrer is OVERRULED as to COAs #3 and 4, and SUSTAINED WITHOUT LEAVE TO AMEND as to COA 7. I. Request For Judicial Notice: Defendants request the trial court take jud...

Excerpt: ...afety Code, as well as a claim for civil penalties under PAGA for multiple Labor Code violations affecting employee safety at Aurora Santa Rosa.” (Motion at 7:12-15, citing Valerian Dec. at ¶8.) The parties actively litigated the case since it was filed on February 2, 2018 and participated in multiple mediations with at least two different mediators before finally reaching a preliminary settlement on April 26, 2021. (Id. at 7:19-8:23.) On June...

Excerpt: ...�James”) is the son of Cathy and Jeffrey and the latter's successor in interest. The assert identified causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petition the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation. They alternatively ask the court to stay the action pending th...

Excerpt: ...s warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendant HMA); 2) breach of implied warranty under the Act (against Defendant HMA); 3) fraudulent inducement-concealment (against Defendant HMA); and 4) negligent repair (against Defendant Manly) (the “Complaint”). This matter is on calendar for Plaintiffs' motions to compel answers to form interrogatories (“FIs”) and to special in...

Excerpt: ...r continued deposition and production of documents. Defendants seek to have the entire lawsuit struck and Plaintiff's complaint dismissed with prejudice as a terminating sanction for Plaintiff's misuse and abuse of the discovery process. Alternatively, they seek an evidentiary sanction precluding Plaintiff from testifying at trial on her own behalf or on behalf of plaintiff House 4 Homes, LLC (“H4H”), and evidence sanctions precluding any oth...

Excerpt: ...f of service for the summons and complaint on October 28, 2020, showing personal service on Lalit Goel (“Goel”), Defendant's agent for service, at Defendant's address on October 15, 2020. Defendant failed to appear so Plaintiff obtained Defendant's default on November 16, 2020. The default requested entry of clerk's judgment and for the amount of judgment, listed only costs of $490. At the case management conference of January 28, 2021, for w...

Excerpt: ...'s Motion Opposing Haddly Plumbing's Application for Determination of Good Faith Settlement is DENIED. In their first amended complaint (“FAC”), Plaintiffs complain that Defendants, a general contractor and other contractors, negligently performed construction work on improvements (“the Project”) on Plaintiffs' real property at 901 Robertson Road in Sonoma County (“the Property”), apparently also referred to as 1123 and 1125 London Ra...

Excerpt: ...�James”) is the son of Cathy and Jeffrey and the latter's successor in interest. The assert identified causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petition the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation. They alternatively ask the court to stay the action pending th...

Excerpt: ...f of service for the summons and complaint on October 28, 2020, showing personal service on Lalit Goel (“Goel”), Defendant's agent for service, at Defendant's address on October 15, 2020. Defendant failed to appear so Plaintiff obtained Defendant's default on November 16, 2020. The default requested entry of clerk's judgment and for the amount of judgment, listed only costs of $490. At the case management conference of January 28, 2021, for w...

Excerpt: ...n of the same cause of action in a second suit between the same parties or parties in privity with them.” (Ibid.) It arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” (Ibid.) By contrast, “[i]ssue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different causes of action....

Excerpt: ...on Opposing Haddly Plumbing's Application for Determination of Good Faith Settlement is DENIED. In their first amended complaint (“FAC”), Plaintiffs complain that Defendants, a general contractor and other contractors, negligently performed construction work on improvements (“the Project”) on Plaintiffs' real property at 901 Robertson Road in Sonoma County (“the Property”), apparently also referred to as 1123 and 1125 London Ranch Roa...

Excerpt: ...mmary judgment is DENIED. As to Deputy Jones, the motion is GRANTED. Objections Plaintiff has filed objections to Defendants' evidence. Objection numbers 1-8 are sustained for lack of relevance. Plaintiff's objection number 9 is overruled. Plaintiff has not provided evidence to support finding that Defendants did not comply with Code of Civil Procedure sections 2034.210 or 2034.300. Plaintiff's objection number 10 is overruled for the same reason...

Excerpt: ...a party to conduct additional discovery upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discover...

Excerpt: ...nection with that same action. Accordingly, Defendant is awarded a total of $122,916.00 in attorneys' fees as the prevailing party on appeal and in connection with his efforts to enforce the underlying judgment. In his motion, Defendant seeks attorneys' fees and costs incurred on appeal and during enforcement of the judgment. Defendant brings the motion pursuant to Rule of Court 8.278, which states in part that “the party prevailing in the Cour...

Excerpt: ...”) is included as a defendant to the first cause of action, sexual battery, and the second cause of action, conspiracy. Defendant Andreas Ramirez (“Ramirez”) is included as a defendant on only the second cause of action for conspiracy. This matter is on calendar for demurrers brought by Jahn Ehlers and Andreas Ramirez (“Moving Defendants”) to the entire Complaint on the grounds that the pleading is uncertain. Cal. Code Civ. Proc. (“CC...

Excerpt: ...anch Road, Glen Ellen. Plaintiffs contend that the Property and improvements violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheath...

Excerpt: ...ndum of points and authorities are all overruled. (See, Cole v. Town of Los Gatos (2012) 205 Cal.App.4th 749, 764 n.8 [objections to statements in memorandum of points and authorities are “ineffectual.”].) Plaintiff's Objections to the Declaration of Gregory Spaulding 1-3, 6-8, 10-17 are sustained and Objections 4-5, 9 are overruled. Plaintiff's motion for leave to amend is denied. Plaintiff has failed to comply with the applicable Rules of C...

Excerpt: ...Exhibit 7 is DENIED. It was served one day before the reply was due and was thus untimely, depriving defendant of an opportunity to address such. Defendant's demurrer to Plaintiff's Second Amended Complaint (“SAC”) and the causes of action asserted therein for insurance bad faith; breach of contract; false promise; and negligent misrepresentation is SUSTAINED. Unless oral argument is requested by Plaintiff for the purpose of, at least in part...

Excerpt: ...nal origin, and in retaliation for alerting Defendant's school board of poor management, fraud, and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. After a hearing on May 5, 2021, this court granted Plaintiff's motion for leave to amend her complaint and file a first amended complaint (“FAC”) in order to add new 6 th and 7 th causes of action for discharge without d...

Excerpt: ...r responses by Defendant to its first set of requests for admission (the “RFAs”), its first set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290, and for monetary sanctions against Plaintiff and their counsel in the amount of $...

Excerpt: ...ry note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. Preliminary Injunction GRANTED, conditioned on Plaintiffs posting an undertaking of $10,000. Upon Plaintiffs' positing of the undertaking the preliminary injunction will issue, prohibiting Defendants from conducting or attempting a foreclosure sale of the Property, and doing or engaging in any acts in furth...

Excerpt: ...��), and Request for Production of Documents (Set One) (“RFPs”) on February 17, 2021, with March 23, 2021 being the initial deadline for responding. Barnum Dec.; Adams Dec. Plaintiffs, at Defendants' request, extended the deadline for responding to May 11, 2021. Barnum Dec.; Adams Dec. Defendants served timely responses only on behalf of Defendant Rustic Bakery, Inc. (“Bakery”) and not those for Defendant Rustic Café, Inc. (“Café”)....

Excerpt: ...rt 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. Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a cross-complaint ag...

Excerpt: ...��Sechrist”), 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 Combin...

Excerpt: ...ty of San Francisco (2006) 142 Cal.App.4th 480, 487 fn. 3 [Court may take judicial notice on own motion.].) The Trustee's demurrer is SUSTAINED, without leave to amend, on the grounds her claim is barred by the doctrine of res judicata. The doctrine of res judicata has two aspects, claim preclusion and issue preclusion. (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824.) Generally, courts use the term “res judicata” to describe claim pr...

Excerpt: ...ith three causes of action (as labelled in the Plaintiff's Complaint): 5) negligence; 6) breach of express and implied warranties; and 7) strict liability (the “Plaintiff's Complaint”). The Plaintiff's Complaint alleges that Defendant was the designer, distributor, manufacturer, and supplier of a stainless steel wine blending tank for use at the Winery (the “Tank”), which had a failure in January, 2020 due to defects in the design and/or ...

Excerpt: ... rules as follows: Defendants' Request for Judicial Notice of Exhibits 1-2 in support of the demurrer is GRANTED. Plaintiff's Request for Judicial Notice of Exhibit A in opposition to the demurrer is GRANTED and Exhibit B is DENIED. The Court's February 28, 2020 order denying the HOA's motion for summary judgment to Johanna Szostak's cross-complaint is not relevant to this demurrer. (See, Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison ...

Excerpt: ...ng this motion, plaintiff has not shown that granting leave will result in any actual prejudice to Plaintiff. Trial in this case is set for October 15, 2021, nearly two and a half months away. At most, granting Defendant leave to file a cross-complaint will probably result in trial delay, which is not a sufficiently strong reason for denying the motion. In such situations, the case will no longer be at issue and could result in a continuance or l...

Excerpt: ...easonably related to his interest under Corporations Code section 17704.10(b) Factual and Procedural Background Plaintiff Daren Blonski (“Blonski”) alleged nine causes of action in his Complaint: (1) breach of fiduciary duty against all defendants; (2) breach of contract against all defendants; (3) fraud and continuing conspiracy to defraud against defendants Enso, DeCota, and Bailey; (4) unfair business practices, under Bus. & Prof. Code sec...

Excerpt: ...yees. Defendant BJ Lynn Enterprises, Inc. T/A “The Hideaway” answered, stating that it was erroneously sued as The Hideaway Bar. Defendant on January 6, 2021 served Plaintiff's employer, Wilhelm Tree Service (“Wilhelm”) with a deposition subpoena for production of business records seeking Plaintiff's entire personnel file, application for employment, description of position, performance reviews, training and education records, and payroll...

Excerpt: ...idual Defendants,” with the Association “Defendants”) for injunctive relief and for breach of fiduciary duty. This matter is on calendar for the motion by the Individual Defendants and the Association (together “Defendants”) for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c) 1) of the first cause of action in the FAC (for Injunction) on the grounds that this is not a cause of action; and 2) of the second cau...

Excerpt: ... of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, and 2031.310, and for monetary sanctions against Plaintiff and her counsel in the amount of $720. The unopposed Motion is GRANTED. Plaintiff shall serve verified code-compliant responses, within twenty (20) days of notice of entry of the order on this Motion. Plaintiff and/or her counsel shall pay $492.50 in sanctions to Defendants within thirty (30) days...

Excerpt: ...sert 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 Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a cross-complaint a...

Excerpt: ... Auto-Owners Ins. Co. (2015) 233 Cal.App.4th 783, 789, citing, Elkman v. National States Ins. Co. (2009) 173 Cal.App.4th 1305, 1312-1313.) The case arises from a $100,000 loan (the “Note”) that Plaintiffs made to Defendant's father, Hector Andrade (“Hector”). (Complaint at ¶6.) The loan was secured by real property located at 2425 Guerneville Road, Santa Rosa, CA, which was where Hector lived and which was co-owned and jointly owned by H...

Excerpt: ...fered with free access to Plaintiffs' Properties and created or allowed nuisance conditions to exist which damage, and impair the use and value of, Plaintiffs' Properties. Defendants allegedly include Octavio Diaz (“Diaz”) and his business, Mitote Food Park (“Mitote”), the tenant of real property at 665 Sebastopol Road, Santa Rosa (“Defendants' Property”), adjacent to Plaintiffs' Properties, and the Diaz's sub-tenants and occupiers of...

Excerpt: ...ession and control of the Property in order to correct the problems and abate the nuisance. The court issued an order to show cause regarding appointment of a receiver, abatement of nuisance, and injunctive relief, setting the hearing for May 15, 2019. The court thereafter granted Plaintiff's petition, imposing the injunction and appointing a receiver. The order provides, inter alia, that the receiver has the power to sell the Property in accord ...

Excerpt: ...bout May 26, 2019, Plaintiff fell while under the care and control of the Defendants. Compl. ¶ 1-2. The grounds for the Motion are that Moving Defendants' aver that their care complied with the applicable standard of care and did not cause Plaintiff's injuries. The Motion is DENIED. I. The Basis for the Motion The Motion is supported by a Statement of Undisputed Facts (“SUF”) with 56 facts. On a motion for summary judgment, the existence of ...

Excerpt: ...tion. A. Background of Class Action In this action, Plaintiff brings PAGA wage and hour claims individually and on behalf of all others similarly situated. In the operative first amended complaint, Plaintiff alleges that Defendant violated the Labor Code by “engaging in a uniform practice and procedure, with respect to Plaintiff and the Class Members, of, inter alia, failing to pay all overtime and minimum wages, failing to provide compliant me...

Excerpt: ...n belief as a trustee; (3) that Terry Allen Bremner has not signed the answer in his capacity as a trustee; (4) that Defendant's affirmative defenses are ambiguous and unintelligible; (5) that they fail to state sufficient facts to constitute a defense; (6) that they are immaterial; and, (7) that the 5 th affirmative defense of laches is not available against a governmental agency unless there are exceptional circumstances. The County has not dis...

Excerpt: ... as both cases can be tried as a single case. The case of Estate of Harriet Knott vs. Anabi Oil Corporation SCV-264463 names as defendant the Plaintiff in the current action. An order consolidating this action with the UD Action for all purposes is proper. The Motion is therefore GRANTED. Factual and Procedural Background: Plaintiff Anabi Oil Corporation (“Plaintiff”) filed the verified complaint in this action on or about October 6, 2020 aga...

Excerpt: ... [purported fact in a separate statement is not “evidence” and is not the proper subject of an evidentiary objection.].) Defendant's Objection to Evidence No. 3 is also OVERRULED because again, statements made in an opposition are not “evidence.” Defendants' motion for summary judgment is DENIED. However, Defendants' motion for summary adjudication as to Plaintiff's third cause of action for strict liability, which Plaintiff concedes “d...

Excerpt: ...ondent to submit a dispute between them to arbitration pursuant to a written agreement. He alleges that he and Respondent entered into a written agreement by which they agree that Petitioner would provide legal services to Respondent on behalf of the latter's father, and in return Petitioner would receive compensation but that, due to lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (�...

Excerpt: ...t any activity or use upon the Property which is a violation of Chapter 7 (Building) and Chapter 26 (Zoning) of the Sonoma County Code (“SCC”), or contrary to the ordinances of the County of Sonoma;” “[u]sing the Property in violation of SCC Chapter 7, by maintaining an unpermitted building and a nuisance in violation of SCC Chapter 7;” and “[u]sing the Property in violation of SCC Chapter 26, Section 26-02-140 by maintaining a junkya...

Excerpt: ...n January 27, 2021 but failed to foreclose on it within the 90-day time period required so that it became invalid by operation of law according to CC section 8460. Petitioners asserts that no extension of credit has been granted pursuant to CC section 8460, no action to enforce the lien is pending, and they have not filed for bankruptcy, while no other restraint prevents Respondent from commencing the action to enforce the lien. Petitioners alleg...

Excerpt: ...vidence, the Court rules as follows: Plaintiffs' Objections to Evidence Nos. 1-13 are OVERRULED and Defendants' motion for summary judgment is GRANTED. 1. Background Facts. This case arises from Mr. Shapiro's purchase of a generator from Defendants. (Complaint at ¶6.) Although not alleged in the complaint, Mr. Shapiro found the generator on Craigslist and “made contact with whom he was told was the seller, Nima Pirzadeh.” (Motion at 5:2-3.) ...

Excerpt: .... This action is based upon the breach of a Shopping Center Lease (“the Lease”) for premises located at 1425 Fulton Road, #301, Santa Rosa (“the Premises”) with a term of approximately five years. The Lease was entered into on March 2, 2010, between Plaintiff and defendants Philip Boatwright and Laurie Boatwright (together “the Boatwrights”). (Exhibit 1.) On March 16, 2011, the Boatwrights assigned the Lease to Awesome Food Services, ...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) 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 P...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...n for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (California Civil Procedure, section 437c(c).) A defendant meets its burden on summary judgment by “show[ing] that one or more elements of the cause of action . . . cannot be established, or that there is a complete defense to that cause of action...

Excerpt: ...on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding funds from UPA. They seek to perfect and enforce the stop notices. UPA filed a cross-complaint against City...

Excerpt: ... the grounds that the evidence establishes that there was no breach in the standard of care and no negligent act or omission by Defendant and, as to battery, Plaintiff is unable to establish all elements because he testified at his deposition that he consented to the treatment at issue. In Defendant's Reply, it indicates that it withdraws its motion as to the negligence claim, leaving only the request for summary adjudication of the medical batte...

Excerpt: ...The complaint alleges that Theresa was a resident at Defendants' assisted living facility, Muirwoods Memory Care (“the Facility”), from July 12, 2020, through March 20, 2021. Theresa suffered from dementia and was at a risk for falls. While at the Facility, Theresa suffered four falls, a fractured hip, was infected with scabies, and was left in clothing and bedding soiled with urine and feces. Plaintiff alleges that Theresa's injuries were th...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ...r recoverable attorney's fees. (See, Code Civ. Proc. §405.38 [“The 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 circumstances make the imposition of attorney's fees and costs unjust.”].) The Code states that “[a] party to an actio...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...ust instrument, by the court on its own motion, or on petition of a settlor, co-trustee, or beneficiary under Section 17200.” (Prob. Code §15642(a).) Section 15642(b) sets forth grounds for removal of a trustee, which include “[w]here the trustee has committed a breach of the trust” and “[w]here the trustee fails or declines to act.” (Probate Code §15642(b).) The breach of the duty of loyalty, or any of several other statutory duties,...

Excerpt: ...ng aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non-Industrial Timber Management Plan 1-15NTMP-007 SON (Kid Creek) (“the NTMP”), submitted by Real Parties in Interest (“RPIs”) Lytton Rancheria (“the Tribe”) and James Beyers (“Beyers”). The NTMP is for timber operations (“the Project”) on 579 acres of land (“the Project Site”) in the...

Excerpt: ...he SAC contains causes of action for: 1) elder abuse (Cal. Welf. & Ins. Code (“W&IC”)) § 15600 et seq.; 2) negligence and negligence per se; 3) wrongful death; 4) suppression/nondisclosure of facts; 5) fraud-intentional misrepresentation; 6) fraud-negligent misrepresentation; and 7) constructive fraud. The SAC alleges that Decedent, while a resident at Arbol Residences of Santa Rosa, received improper care which led to her developing a press...

Excerpt: ...on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding funds from UPA. They seek to perfect and enforce the stop notices. UPA filed a cross-complaint against City...

Excerpt: ...e complaint, on or about November 26, 2018, Merrill began working at defendant law firm Mauro, Archer, and Associates, PLLC; Mauro, Archer, O'Neill, LLP; Mauro, O'Neill & Archer, LLC; O'Neill Law, LLP; and/or Watts Guerra, LLP (“Defendant Law Firms”) as an Administrative Assistant. She answered the phone, and did filing and data entry. On or about December 3, 2018, Ingebrigtsen began working at Defendant Law Firms as a Content Specialist. He ...

Excerpt: ...rties settled this matter via an accepted CCP §998 Offer To Compromise on or about October 28, 2020. (Hendrickson Dec., Ex. A.) It was agreed that plaintiffs' attorney's fees would be decided by noticed motion. P, as the prevailing party, now moves for attorney's fees and pursuant to the Song-Beverly Consumer Warranty Act and the Compromise Agreement between the two parties, with FCA US, LLC, having the sole responsibility for P's attorney's fee...

Excerpt: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) 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 P...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...' third cause of action for negligence and fifth cause of action for violation of Civil Code section 52.1 are construed as a motion for judgment on the pleadings. That motion is GRANTED with leave to amend. Plaintiffs shall file any amended complaint within 10 days of the service of this order. The State's request for judicial notice is granted. This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home...

Excerpt: ...cedure section 437c, subdivision (c).) A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code of Civil Procedure section 437c(p)(1).) Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. ...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ...g memory problems, PTSD, depression, memory issues, and psychological problems. (Id., Exhs. B- C, J, K, L, P, and Q.) P allegedly has an extremely complex preexisting psychiatric history as is outlined and supported by her medical records. (Oberst Dec., Exh. P.) P's Complaint seeks general damages, which include damages for emotional distress as a result of multiple skull fractures. By this motion, D seeks an order compelling P to submit to an IP...

Excerpt: ...in Marin County). The cases are as follows: 1. Andrew Rowley v. Joseph Louordeaux and Shana Lourdeaux filed on May 16, 2018, Marin County Superior Court before the Hon. Andrew Sweet, Case No. CIV-1801662 (“Marin County case”); 2. The present case, Monica Rowley v. Sports Equity Partners, LLC, et al., filed on May 17, 2019 before this court (the “Lead case”); 3. Andrew Rowley and Monica Rowley v. Joseph Lourdeaux, Wallace Lourdeaux, Bradle...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...or service of an out-of-state defendant, because the individual with whom the complaint was left, Pi Lee, is not a relative of D, and the address was not the D's usual abode. In addition to those facts, D's counsel has since learned through defendant's sister, Heeran Schultz that HEE KYU PARK, eighty years old, died on May 17, 2021 in Korea.(1) Due to defective service, D asks that the court grant the motion to quash. (1- Since the filing of the ...

Excerpt: ...ts documents that are not likely to lead to the discovery of admissible evidence. I. Factual Background Lynn Pardini is one of two surviving children of Decedent, Myrtle D. Simons, who was the surviving Trustor and Settlor of the Robert Simons and Myrtle D. Simons Trust, dated March 19, 1995 (the “Trust.) (See Request for Judicial Notice (“RJN”) filed concurrently hereto of the Petition to Determine Validity of Purported Trust Instrument; C...

Excerpt: ...text, and presumed to be true. (Kaiser Foundation Health Plan, Inc. v. Superior Court (2012) 203 Cal. App. 4th 696, 705. Plaintiffs' request for judicial notice in opposition to this motion is denied. Reference to HUD policies is not relevant to the outcome of this motion, which determines whether factual allegations on the face of the FAC are sufficient to support a prayer for punitive damages. Civil Code § 3294 authorizes the recovery of punit...

Excerpt: ... the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, a...

Excerpt: ...ntiffs' water pipeline located on the Kemerait property or otherwise altering or interfering with Plaintiffs' pipeline and pipeline easement, and requiring Defendants to disconnect the manifold box tapped into Plaintiffs' water pipeline. The motion is DENIED, except that this Court hereby orders Defendants not to intentionally cut-off or diminish the water supply running through the subject disputed pipeline to Plaintiffs' properties until such t...

Excerpt: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...

Excerpt: ...ment are void because the summons and complaint were not properly served in strict compliance with Code of Civil Procedure section 415.50. Alternatively, Defendant moves under Code of Civil Procedure section 473.5 on the grounds that the summons by publication did not result in actual notice to Defendant in time to defend the action because Defendant first learned of the case in March 2021, after the judgment was entered. In the second motion, De...

Excerpt: ...he presiding judge of the court where the litigation is proposed to be filed. The motion is GRANTED. Plaintiff is ordered to post security with this Court in the amount of $15,000.00 per defendant within 45 days of the service of this order. If security is not posted within this timeframe, upon Defendants filing proof of service of this order, this action will be dismissed. Additionally, pursuant to Code of Civil Procedure section 391.7(a) this C...

Excerpt: ...erence with economic interest. On March 8, 2021, Plaintiff changed counsel to Ethan A. Glaubiger, Esq. Upon review of the pleadings, Glaubiger concluded that the complaint should be amended to eliminate several of the causes of action and delete a number of allegations deemed unnecessary. On April 9, 2021, Glaubiger provided a copy of the proposed amended complaint to defendant and asked if he would stipulate to an order for leave to file the ame...

Excerpt: ...ots in Unit 8 of the Irish Beach subdivision (“Subdivision”). They are: Irish Beach Clusterhomes Association, William Moores, Tona Moores and Jessica Olsen. The individual plaintiffs in this action (“Homeowners”) own the remaining lots in the Subdivision, all of which are improved with residences. Defendants and Homeowners have been in litigation with one another for most of this decade over control of the Irish Beach Clusterhomes Associa...

Excerpt: ...) a monetary sanction imposed against Plaintiff, and her counsel of record, in the amount of $2,497.50 for the attorney's fees and costs associated with bringing this motion. Plaintiff complains that Defendant Gene Schallert (“Gene”) entered into a written lease agreement (“the Lease”) whereby he agreed to lease from Plaintiff real property at 4303 Sonoma Mountain Road, Santa Rosa (“the Property”) but he and the other defendants cause...