Excerpt: ... break and subsequent landslide that damaged Plaintiffs' property in Cloverdale, CA on February 18, 2017. Plaintiffs filed their operative first amended complaint on July 9, 2019 and assert causes of action for “improper removal of subjacent/lateral support” and nuisance against the Greenfield defendants (who were added as Doe Defendants 11, 12, and 13.) Specifically, Plaintiffs allege that Defendants “maintained their property in such a wa...

Excerpt: ...n the Original Action, and the complaint filed in this action. The copy of the purported stipulation and order lacks any indicia that it is from a court file, in contrast to the other documents. As a result, this copy technically does not appear to be judicially noticeable. However, Plaintiffs do not object or raise this issue and apparently accept it as a true and correct copy of the stipulation from the Original Action. The other documents on t...

Excerpt: ...as to a party, requires the approval of the court after hearing. (California Rules of Court, rule 3.769(a).) Any party to a settlement agreement may serve and file a written notice of motion for preliminary approval of the settlement. (Rule 3.769(c).) The settlement agreement and proposed notice to class members must be filed with the motion, and the proposed order must be lodged with the motion. (Ibid.) The court may make an order approving or d...

Excerpt: ...AC at ¶5.) Plaintiff alleges he “delivered the vehicle to the Manufacturer's authorized service and repair facilities, agents and/or dealers, including Seller, on at least three (3) occasions resulting in the vehicle being out of service by reason of repair of nonconformities,” including for the “check engine light, loss of power, and transmission failure leading to replacement on multiple occasions.” (Id. at ¶¶10-11.) Plaintiff claims...

Excerpt: ...h legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.”] (emphasis added); see also, Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 355 fn. 3 [“Of course, trial...

Excerpt: ...er contends “[i]t is generally recognized the summary unlawful detainer action is not a suitable vehicle to try complicated ownership issues involving assertions of fraudulent acquisition of title and deceptive practices” and therefore, Petitioner “seeks to consolidate these two relevant actions, which are not complex, in the interests of judicial economy, as both pertain to the same parties, facts, dispute, and evidence.” (Motion at 3:23...

Excerpt: ...f Civil Procedure section 2033.290(e). The motion is DENIED. Sanctions are awarded in Palmer's favor against Bisno and her counsel of record, Robert Bisno, in the amount of $5,000. On January 2, 2021, Bisno served Palmer with her Request for Production of Documents, Set One. (Robert Bisno decl., ¶4, Exhibit A.) Palmer served his responses on February 2, 2021. (Id. at ¶5, Exhibit B.) Code of Civil Procedure section 2031.300 is not applicable her...

Excerpt: ... produce documents responsive to Defendant's requests for production of documents. Defendant seeks sanctions in the amount of $5,229. Defendant's motion to compel is GRANTED as to Defendant's deposition questions and DENIED as to its request for production of documents. Sanctions are GRANTED in Defendant's favor in the amount of $1,680.75. This matter is also on calendar for Plaintiff's motion for a protective order precluding Defendants from con...

Excerpt: ...milarly situated, (“Plaintiff”) alleges that JRK Residential Group, Inc. (“JRK”) failed to maintain accurate time records and pay Plaintiff for all hours worked. Plaintiff further alleges that rather than keep “to the minute” records, JRK used an inaccurate accounting system which failed to account for all hours worked due to an inaccurate decimal conversion system, which resulted in transitional math errors, and a resulting system of...

Excerpt: ...g this matter as quickly as possible as required by Code of Civil Procedure section1048. The parties to these actions own neighboring parcels in Petaluma, CA. Plaintiffs Tomrose own the residential property at 121 Olive Street. Defendants Nelson and Doherty purchased a large undeveloped lot to the north of the plaintiff's property and defendants have been attempting to secure approval from the City of Petaluma to build homes on their lot. Over th...

Excerpt: ...rable pain. Plaintiff moved the court for a 60-day extension of dates due to the Coronavirus pandemic, an order requiring the prison in which he is incarcerated to transport him to all of his court hearings, an order appointing counsel on his behalf, and an order transferring Plaintiff to the jail in Sonoma County to allow him easier access to court hearings. The Court denied the motions without prejudice due to lack of proof of service or notice...

Excerpt: ...arious statutory immunities including those set forth in Health & Safety Code sections 1799.106 and 1799.107, and in Government Code sections 820.2, 855.6, and 815.2. The demurrer is OVERRULED. Plaintiff's FAC was filed on February 24, 2021. As against the City Defendants, it alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). In the FAC, Plaintiff alleges that on Febru...

Excerpt: ...compelling defendant to serve further amended, verified answers, to Special Interrogatories, Set No. 1, Nos. 9, 11, 13, and 14 served on defendant on August 19, 2020. When a propounding party is dissatisfied with responses to interrogatories or production requests, that party may move to compel further responses. Code of Civil Procedure sections 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, ...

Excerpt: ...tiff filed opposition briefs to both motions, and defendants filed reply briefs to both motions. As indicated above, defendants revised their motion to strike by withdrawing some of their original requests to strike certain language. The Court orders as follows: Demurrer Defendants demur to the seventh cause of action for failure to state facts sufficient to constitute a cause of action (CCP section 430.10(e)) is SUSTAINED WITHOUT LEAVE TO AMEND....

Excerpt: ...e FAC, Plaintiff alleges: ꞏ On or about February 16, 2007, Orr provided Wells Fargo, National Association (“Wells Fargo”) with her personal and private social security number by executing a Uniform Residential Loan Application - Fannie Mae Form 1003 (“1003”), a Note and First Trust Deed in the amount of $735,000 in favor of Wells Fargo; ꞏ Orr had a reasonable expectation of privacy when providing her personal social security number to...

Excerpt: ...days leave to file a second amended complaint. This action involves a dispute between a sister (Plaintiff) and brother (Defendant) arising from Defendant's alleged breach of a September 6, 2016 settlement agreement reached between Plaintiff, Defendant, and their late-mother, Yvette Poisson. (FAC at ¶¶5, 10, citing Ex. A.) Under the terms of the agreement, Plaintiff agreed to vacate a property where she had been living, that was owned by Yvette'...

Excerpt: ...and an Order Compelling Further Responses to Request for Admission of Facts; and for monetary sanctions; and (3) Motion to Compel Responses to Requests for Production of Documents, or in the Alternative, for an Order Compelling Further Responses to Requests for Production of Documents. Plaintiff/Cross-Defendant did not filed any opposition to any of the three motions. The Court Orders as follows: Motion Regarding Form Interrogatories The Court fi...

Excerpt: ...al and as trustee of the Paul L. Hamilton Trust (“Trust”) complain that Defendants, insurance companies and an insurance agent, negligently failed to provide the required amount of insurance coverage in an insurance policy covering Plaintiffs' real property at 205 Mountain Meadow Road, Santa Rosa (“the Property”), which suffered damage (“the Loss”) in the Nuns Fire of October 2017. They allege that Defendants had provided an insurance...

Excerpt: ...itioner]; and (2) Taking any action to evict, or otherwise remove, Petitioner from the Property pending trial in this action.” (May 18, 2021 Order at 1:8-13.) Initially, the Court notes that although the Order gave Petitioner an opportunity to file “additional moving papers” by June 1, 2021, Petitioner did not file any additional briefs or supporting evidence. On June 9, 2021, the Trustee filed an opposition to the OSC and supporting eviden...

Excerpt: ...erty”), brought this action for unlawful detainer on the basis that Defendants had ceased to pay the required rent. Plaintiff filed a motion to enforce settlement which was set for September 16, 2020. The Court continued it, however, due to lack of any evidence or proof of service, before ultimately denying it without prejudice on November 25, 2020 since Plaintiff had failed to cure the defects. Plaintiff again filed a motion to enforce the set...

Excerpt: ...) under the doctrine of respondeat superior or, alternatively, the nondelegable duty doctrine. The motion is DENIED. Plaintiffs' request for judicial notice is granted. The Court declines to rule on AFS's objections as they are not material to the disposition of the motion. (Code Civ. Proc., § 437c(q).) This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home of the Martinez Defendants. Plaintiffs al...

Excerpt: ... 430.10(f). Defendants argue that the First and Second Causes of Action for Breach of Contract alleges a written contract based on Exhibits A and B to the complaint, which in each instance is an unsigned draft contract. Defendants argue it cannot be ascertained whether the contracts are written, oral or is implied by conduct. 430.10(g). Plaintiff's FAC states that the first and second causes of action allege that the written documents existed and...

Excerpt: ...d all demurrers and motion to strike on March 10, 2021. It sustained all of the demurrers in full, with leave to amend only the causes of action for negligence and interference with rights under Health & Safety Code section 7100. It sustained the demurrers without leave to amend as to all other causes of action. The court required Plaintiff to file her new amended complaint “no later than Friday, April 02, 2021.” Plaintiff did not file a new ...

Excerpt: ...Civil Procedure, provides that items recoverable as costs include attorney fees when authorized by contract. (Code Civ. Proc. §1033.5(a)(10)(A).) The judicial proceedings covered by this provision include petitions to confirm or vacate an arbitration award. (Code Civ. Proc. §1285 [“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.”].) Thus, on a successful petition to...

Excerpt: ...ta Rosa, California); pay the County the total amount of civil penalties, costs, and attorney fees due in the amount of $316,398.55 within 10 days of service of the order on this motion; pay the County's attorney fees and costs in bringing this motion; pay sanctions to the Court in the amount of $1,000 for each violation of the Court's orders; and for a money judgment in County's favor for all civil penalties, attorney fees, and outstanding costs...

Excerpt: ...ended Complaint The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleadinCiv. Proc. §§ 473(a)). The general rule is “liberal allowance of amendments.” (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; see Lincoln Property Co., Inc. v. Travelers Indemnity Co. (2006) 137 Cal.App.4th 905, 916). The “policy of great liberality” a...

Excerpt: ...mant's request for sanctions is DENIED. While no proof of service showing service of the motion and supporting papers, Respondent State Farm (“Respondent”) filed opposition to the motion. This motion is based upon the parties' written agreement to arbitrate the matter. Claimant cites Exhibit 2, pg. 17 of the policy as the portion of the insurance contract providing for arbitration of this case. That page refers to a determination by an arbitr...

Excerpt: ... raised in both. For example, in addition to its claim for an implied easement over the AC Driveway, Plaintiff's complaint asserts causes of action for private nuisance and declaratory relief. Neither of these causes of action is specifically addressed in the motion. Additionally, Defendants' own cross-complaint asserts causes of action for injunctive relief, declaratory relief, trespass, damages to property, damages to fair market value of rent,...

Excerpt: ...CCP section 1987.2, Plaintiffs move the court to quash five deposition subpoenas which Defendants served on four schools and school districts seeking Alison's educational records, and the Petaluma/Rohnert Park Health Center (“PRPHC”) for medical records related to Alison. The records extend from August 2, 2009. Plaintiffs also seek monetary sanctions of $840. The educational records cover Alison's entire educational history going back to her ...

Excerpt: ...tend his deposition on November 13, 2020 and the court entered an order on that stipulation. The record indicates that Vallejo-Ruiz's attorney had lost contact with him around the time of the first deposition date but entered into the stipulation because the attorney had regained contact. However, Vallejo-Ruiz again failed to appear at his deposition so Defendants filed a motion for terminating sanctions but the court denied it on January 13, 202...

Excerpt: ...d 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 against Defendants Willia...

Excerpt: ...on by defendants Herc Holdings Inc. and Herc Rentals Inc. (“Defendants”) to compel further responses to Form Interrogatories, Set Two, Nos. 17.1, 11, 12, 13, 14, 15, 16, 17, 19; Special Interrogatories, Set Two, Nos. 45, 60, 61, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 80, 81, 82, and 83; and Request for Admissions, Set Two Nos. 11, 12, 13, 14, 15, 16, 17, 18 and 19 from Plaintiff Kimberly Hughes. Defendant argues that Plaintiff has failed, an...

Excerpt: ...Plaintiffs Lance Mugleston and the Muglestons, dba Muggs Construction (“Plaintiffs”) filed this action against Defendants and others alleging that in 2016 they entered into a written contract with Defendant REO Capital Fund 4, LLC (“REO”), to provide construction services at various properties including the Subject Properties. Plaintiffs allege that prior to beginning work on the Subject Properties, Defendant Civic recorded a deed of trus...

Excerpt: ...ests for admissions, and requests for production of documents. Defendants contend that Plaintiff's responses are “[w]holly inadequate” and “improperly assert[] nearly every objection permitted under the Code of Civil Procedure, despite the fact that most questions asked by Defendants were taken almost verbatim from Plaintiff's Complaint.” In their original motion, Defendants sought $1,985 in monetary sanctions however; Defendants request ...

Excerpt: ...n additional surgery to repair damage to her knee. (Silva decl., ¶2.) Thereafter, on January 9, 2020, Ms. Silva learned that she also sustained significant damage to her patella and had to have it completely removed. (Id. at ¶¶4, 5.) She had a third surgery on February 8, 2020. (Ibid.) On March 17, 2020, Ms. Silva went to SVH's administrative office to file a complaint regarding the July 2019 fall. (Id. at ¶5.) Ms. Silva received a written re...

Excerpt: ...Defendant negligently drove his vehicle by failing to keep his vehicle in his lane and driving it into oncoming traffic and Plaintiff's vehicle at the above time and place.” (Ibid.) Plaintiffs also allege that “[a]s a direct and proximate result, Plaintiffs suffered serious personal injury.” (Ibid.) Specifically with respect to their claim for punitive damages, Plaintiffs allege “[i]mmediately prior to the crash, Defendant…consumed beer...

Excerpt: ...redit card debt due and owing by Defendant to Plaintiff in the amount of $10,323.45. Plaintiff filed the underlying complaint on June 27, 2019 and asserts common count causes of action for open book and account stated. On August 8, 2019, Defendant filed her answer generally denying all material allegations in the Complaint and asserting a number of affirmative defenses. Defendant moves the court for summary judgment against Plaintiff's complaint ...

Excerpt: ...to the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. A. Factual and Procedural Summary Plaintiff alleges that Defendant has created and maintained code violations and the use of the real property, which include an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of S...

Excerpt: ...ief ‘becomes moot when some event has occurred which deprive[s] the controversy of its life.” (Roger v. County of Riverside (2020) 44 Cal. App. 5 th 510, 530.) The nonjudicial foreclosure sale extinguished the Junior Note, along with any chance of preventing the sale. The judicially noticeable documents in support of this motion establish that the property was sold in October 2020. (RJN, Ex. 5.) As such, there is no live, present controversy ...

Excerpt: ...ty of perjury listing detailed facts, as discussed below, which will allow this Court to understand his current circumstances so it can fashion an appropriate remedy. Plaintiff's motion for the appointment of counsel does not cite a decision by any court of the State of California. Instead, he cites federal decisions. However, there is an overlap between the federal and state constitutional rights to meaningful access to the courts. Under federal...

Excerpt: ...plains that when she was an employee of Defendants Fernando Ortiz Luna dba Luna Vineyards Management (“Luna”) and La Prenda Vineyards Management, Inc. (“La Prenda”), her supervisor, Defendant Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras's actions or discipline him; Lun...

Excerpt: ...l, and Harvey Rister, as Trustee of the Rister Family Trust. However, the FAC does not specifically state which of the fourteen causes of action is asserted against which defendant. Thus, even when the Court reads the FAC as a whole and liberally construes the allegations, the pleading is uncertain. (See, Code Civ. Proc. §430.10(f).) Because the FAC is “uncertain” and leave to amend has been granted, the Court need not address the remaining ...

Excerpt: ...ent (“the Agreement”) with Defendant, owner of real property at 5697 Starr Road, Windsor (“the Property”) by which Defendant would pay Plaintiff for services in developing a vineyard on the Property (“the Project”). It complains that although Plaintiff performed pursuant to the Agreement and send invoices to Defendant, Defendant failed to pay the money as agreed. Plaintiff identifies three causes of action: 1) breach of oral contract,...

Excerpt: ...er granting that motion. These documents are judicially noticeable, but the Court may not judicially notice the truth of assertions made therein. With this qualification, the Court grants the request. Defendants seek judicial notice of the first amended complaint (“FAC”) in this action as well as the declaration of William D. Hooker, Ph.D. (“Hooker”) in support of their motion to compel Plaintiff to complete neuropsychological examination...

Excerpt: ...n her property located at 17380 Keaton Avenue, Sonoma (“the Property”), in violation of Sonoma County Code Chapter 26 (Zoning). On October 28, 2020, Defendant, appearing in propria persona, filed her answer. The Defendant denied all allegations in the Complaint. As a defense, she states that the Complaint is a violation of her state and federal constitutional protections. She alleges that fines sought by the County are unreasonable, unconstit...

Excerpt: ...o agree on further responses. Following filing of the motion to compel, and in conjunction with the Discovery Referee process, the parties reached an agreement with respect to the interrogatory responses. As such, the motion to compel is moot. What is not resolved is the request by Plaintiff for monetary sanctions. The Court will grant this request, as more fully discussed below. The motion was filed on April 9, 2021. The objections lodged prior ...

Excerpt: ...and first amended complaint is GRANTED. On August 31, 2020, Plaintiff filed a doe amendment adding Mr. Sunderland as a defendant to the action. On October 14, 2020, Plaintiff filed a request for entry of default against Sunderland and the default was entered the same day. However, on November 16, 2020, i.e., after the default was entered, Plaintiff filed a first amended complaint. As Defendant points out, the first amended complaint makes substan...

Excerpt: ...is void for various reasons, and it seeks: 1) to vacate the judgment; 2) declaratory relief; and 3) injunctive relief. This matter is on calendar for the demurrer by GCFS to the Complaint, and each cause of action therein, pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) on the grounds that it fails to state facts sufficient to constitute a cause of action because the judgment in the Underling Action is valid on its face and therefore no...

Excerpt: ...laint”). After this Motion was filed, Plaintiffs filed the First Amended Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 472. The FAC, like the original complaint, contains causes of action for: 1) violation of the Consumer Legal Remedy Act (Cal. Code Civ. Proc. (“CC”) § 1750 et seq., the “CLRA”); 2) violation of the False Advertising Law (Cal. Bus. & Prof. Code (“B&PC”) § 17500 et seq. (the “FAL”); 3) violation of B...

Excerpt: ...ords in support of the motion. The Court has received and reviewed those documents and while there is no dispute that a criminal investigation is ongoing and no dispute the investigation involves many of the same allegations at issue here, Respondent has not shown that a blanket stay of the civil action is warranted in this case. Accordingly, Respondent's motion to stay is DENIED. With respect to Respondent's motion to quash, the Court notes that...

Excerpt: ...associated damages for denying the petitioner the right to a fair trial on the issues during the course of his Unemployment Insurance Appeal…” (Motion at 1:20-23.) No opposition has been filed to this Petition. The petition originally came for hearing on May 12, 2021 but due to technical difficulties, Petitioner was not able to present oral argument. The Court initially adopted its tentative ruling to deny the Petition but on May 19, 2021, af...

Excerpt: ...ure to state facts sufficient to constitute an affirmative defense. The demurrer is SUSTAINED with leave to amend. Defendants have leave to amend within 20 days of service of the notice of entry of this order. Defendants are to serve notice of entry of this order within 5 days of entry of this order. Plaintiffs' complaint alleges failure to pay minimum, overtime, meal period, and rest period wages; failure to pay reporting time pay; failure to pr...

Excerpt: ...nk (2009) 179 Cal.App.4th 535, 538 [holding that motion which failed to specify when it would be made rendered it defective.].) However, the Court agrees with Defendants that Plaintiff's addition of Linda C. Swatsenbarg to his prayer for relief for the second cause of action and his addition of an entirely new cause of action for breach of the covenant of good faith and fair dealing were beyond the scope of the leave to amend granted by the Court...

Excerpt: ...nt alleges causes of action for conversion and breach of Fiduciary Duty and 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, calculating wages, coordination and facilitation of transaction...

Excerpt: ...n their behalf, from accessing or causing or allowing access of, Plaintiffs' computers, computer servers, e-mail, or internet accounts; taking or altering in any way, or deleting, or using, or destroying, Plaintiffs' computer data, e-mails, files (“the Rowley Data”) or publishing, uploading, broadcasting, or otherwise disseminating the Rowley Data. The stated authority for such motion is Code of Civil Procedure (“CCP”) section 1008(b), mo...

Excerpt: ...he motion is GRANTED. Plaintiffs' request for judicial notice is granted. A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to prevail on the merits at trial, and (2) irreparable harm and/or that the interim harm to that party if an injunction is denied is greater than “the [interim] harm the [opposing party] is likely to suffer if the ... injunction is issued.” (Integrated Dyn...

Excerpt: ...to DOES 1-50 and a Request for Entry of Default against Defendant. The civil default hearing was scheduled for June 18, 2019, and judgment was entered that day against Defendant in the amount of $71,557. On November 4, 2019, Defendant filed a motion to set aside the default and default judgment, which was granted. Thereafter, on February 7, 2020, Plaintiff filed a motion to set aside the dismissal of the DOE Defendants. The motion was heard on Ju...

Excerpt: ...t conduct in the conditions at Defendant's skilled nursing and therapy facility at 4650 Hoen Ave., Santa Rosa (“the Facility”). She contends that at the time of injury, she was a resident of the Facility following surgery; an employee of Defendant allowed water to drip on to the floor; the employee negligently failed to clean the water from the floor; and then negligently led Plaintiff through the water towards her bed, causing her to slip an...

Excerpt: ...ed and raped by a minor boy (“the Boy”) who was also a resident of the CSU. She alleges that she was suicidal and Defendant negligently allowed her to be in unsupervised contact alone with the Boy, who was free to be alone with her in a room and also to follow her into an unlocked bathroom. Plaintiff moves the court to disclose the identity of the Boy. She notes that Defendant, in response to written discovery requests, refused to release the...

Excerpt: ...ranty Act, Cal. Civ. Code (“CC”) § 1790 et seq. (the “Act”). This matter is on calendar for: 1) the motion by GM to compel an inspection of the Vehicle; and 2) the motion by Plaintiff to compel further responses by GM to its first set of requests for production of documents, nos. 9, 18, 25-26, and 30-33. GM's Motion is GRANTED; Plaintiff shall produce the Vehicle for inspection on a mutually convenient date no later than June 2, 2021, if...

Excerpt: ...t Defendants made or published statements to non-governmental members of the community that Plaintiff used their doctor's license to unlawfully prescribe medications and that Plaintiff stole money and products from Defendants. Compl. ¶¶ 35, 90, 96. Defendants filed a cross-complaint against Plaintiff with causes of action for fraud, breach of contract, intentional interference with contractual relations, and negligent interference with prospect...

Excerpt: ...tion of documents, set one. Defendants seek sanctions in the amount of $1,035. As to Plaintiff Charlotte Souch, the motion to compel responses is, in part, MOOT as she has now provided responses to Defendants' discovery requests. However, as to Defendant H4H, the verifications were not signed by a member on behalf of H4H and are thus deficient. Accordingly, as to H4H, the motion is GRANTED. H4H is ordered to provide complete and verified response...

Excerpt: ...efendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three- tier U-Boat cart.” On March 24, 2021, this Court granted Plaintiffs' Motion to Compel Defendant's Responses to Request for Production of Documents subject to a protective order which Target had sought. Target's responses had contained objections but, in addressing the motion, Target then indicated that it would produce documents subject to a protective order. Th...

Excerpt: ...3) conversion (the “Complaint”). The Complaint alleges that Defendants failed to pay Plaintiff for services performed, including payments received by their insurer Nationwide Agribusiness Insurance Company (“Nationwide”) for the cleaning services. Defendants filed a cross-complaint against Plaintiff with causes of action for: 1) fraud in the inducement; 2) fraud- suppression of facts; 3) conversion; 4) unfair business practices; 5) violat...

Excerpt: ... outside investigator following a complaint lodged by Sonoma County Supervisor Linda Hopkins against Sheriff Essick on August 21, 2020 following an August 20, 2020 telephone call between the two. The subject PRA request seeks “[a]ny harassment complaints against Sonoma County Sheriff Mark Essick filed, reported or investigated in 2020, and any associated documents.” On December 16, 2020, the County informed Sheriff Essick that, absent a prote...

Excerpt: ...entative Service Award of $10,000; (4) approving Class Counsel's request for an award of attorneys' fees in the amount of $286,412.50, and reimbursement of litigation costs of $3,088.63; (5) approving Plaintiffs request for payment of the settlement administration costs to Phoenix Settlement Administrators in the amount of $9,500; (6) approving Plaintiffs request for payment to the LWDA in the amount of $15,000; and (7) entering final judgment as...

Excerpt: ...er is SUSTAINED, with leave to amend. Defendant's motion to strike is GRANTED, with leave to amend. Plaintiff has twenty (20) days from the date of the hearing to file and serve a third amended complaint. Plaintiff shall file a declaration with any amended complaint, identifying all allegations that are deleted from and added to the previous pleading, and where, by page, paragraph, and line number, those deletions and additions are located. Addit...

Excerpt: ...nnie; and Carol. (Id. at ¶¶2-3.) Over the following years, a series of amendments were made to the trust, and settlor Robert Gong executed a corresponding will. (Id. at ¶¶3-9.) The 2016 version of the will purports to distribute three $500,000 gifts to Jodie, Connie, and Carol but leaves 90% of the balance of the estate to Teejay, and the remaining 10% to the Lowe grandchildren. (Id. at ¶10.) Jodie filed this petition on January 8, 2021 alle...

Excerpt: ... warranty of merchantability under the Act; 3) violation of section 1793.2 of the Act; and 4) fraudulent inducement- concealment (the “Complaint”). This matter is on calendar for Defendants' demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)). This matter is also on calendar for Defendants' motion to strike the prayer for punitive damages ...

Excerpt: ... sections 430.10, et seq. Cortright demurs to the seventh cause of action pursuant to Code of Civil Procedure sections 430.10, and 430.30 through 430.70. The Hotel Defendants also move to strike portions of the FAC related to punitive damages. The demurrers by the Hotel Defendants and Cortright to the seventh cause of action for violation of California Civil Code section 51.9 are SUSTAINED without leave to amend. The Hotel Defendants' demurrer to...

Excerpt: ...efendant Patrinellis arising out of Decedent's death, which was consolidated with the present action per order entered on December 2, 2020. Pursuant to a stipulation and order, Mother Plaintiff's first amended complaint and Father's second amended complaint were filed; they are substantively identical complaints (the “Complaints”). This matter is on calendar for Defendant Patrinellis's (“Defendant's”) demurrer to the Complaints as follows...

Excerpt: ...ise to the level of a violation of a statute or rule as required in Labor Code section 1102.5; and 3) the cause of action for discharge in violation of public policy, asserting that it is not viable against a public entity. The motion for summary judgment and/or summary adjudication is moot in part, denied in part, and granted in part. The motion is moot as to summary judgment because plaintiff has added additional causes of action. The motion is...

Excerpt: ...endant Mr. Mosblech to respond to his post-judgment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is accompanied by a proof of service and no opposition has been filed. The unopposed Motion is GRANTED as to Mr. Patterson and Mr. Mosblech and DENIED as to Daniel Patterson, Inc., and moreover, as a pro per, Judgment Creditor may only recover the $ 90 i...

Excerpt: ...elevant information because Alison has not had medical insurance through that provider since prior to the incident which is the subject of this lawsuit. They admit that Plaintiff has put some of her medical information at issue, including that related to her alleged injuries involving a brain injury and neck complaints, but argue that the subpoenas seek much more information than here at issue. The right of privacy protects a party's medical reco...

Excerpt: .... The Court will first address the motion to set aside. 1. Motion to Set Aside Default Defendants argue that the default filed against them is void because the County failed to exercise due diligence to personally serve Defendants or to serve them by substituted service at their residences. The County also failed to make an attempt to serve Defendants at their UPS Store private mailbox, by mail at their home address, or at addresses out of state....

Excerpt: ...or judicial notice is granted as to exhibits A and D. The relevance of exhibits B and C is not clear. Additionally, information on websites is often subject to disputes and is inaccurate. The request as to exhibits B and C is denied. This action stems from the residency of Donna Githens at the skilled nursing facility Pine Ridge Care Center operated by San Rafael Operating Company, LP. Plaintiff Michael Potts is Ms. Githens' successor in interest...

Excerpt: ... breach of written agreement, breach of oral agreement, common counts, and promissory estoppel. This matter in on calendar for Plaintiffs' motion pursuant to Cal. Code Civ. Proc. (“CCP”) § 2025.450 to compel Defendant's deposition and for monetary sanctions. The Motion is GRANTED insofar as it seeks an order compelling Defendant's deposition and monetary sanctions but DENIED insofar as it seeks a future evidentiary sanction. Defendant's requ...

Excerpt: ...he case arises from Plaintiff's allegations that Defendant “failed to treat plaintiff within the standard of care required of California licensed dentists.” (Complaint at PLD-PI-001(2).) Specifically, Plaintiff alleges that “[o]n or about May 22, 2017 through June 14, 2017, defendant Field treated plaintiff for repair/replacement of crowns (implant crowns) on teeth Nos. 19 and 20.” [citation]. “Both crowns began to be loose and painful....

Excerpt: ...Talmage Road in Ukiah (“the Project Site”) on which Defendants were working and which was under Defendants' control. Plaintiffs allege that Defendants Ernest Wipf, Wipf Construction and Wipf construction, LLC (collectively, “Wipf”) were performing construction at the Project Site and negligently hired and supervised Defendant Ralph Gussman Lucero (“Lucero”), knowing that Lucero was a dangerous driver, and yet let Lucero drive a constr...

Excerpt: ...quested by the Defendants. Nonetheless, defense counsel appeared but failed to advise counsel for the opposing party of the requested appearance. At the hearing, defense counsel made the Court aware that Plaintiffs had filed a First Amended Complaint (“FAC”). The FAC had not been entered into the Court's system by the time of the hearing. However, it is now clear that Plaintiffs filed the FAC on April 1—the day before the hearing. The Court...

Excerpt: ...ch of contract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; 4) fraud; and 5) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”) (the “Cross-Complaint”). This matter is on calendar for Signoretti's demurrer to the Cross-Complaint on the grounds that the causes of action do not state facts sufficient to constitute a case of action and/or are uncertain. The Demurrer is OVERRULED...

Excerpt: ... attorney Eikenberry, refused to do so and proceeded with their efforts to enforce the judgment against Plaintiff's interest in the property. In opposition to the motion, Defendant points out that on February 24, 2021, Defendant filed a Notice of Appeal in this action, which is pending before the First District Court of Appeal (Case # A162277). Specifically, the appeal challenges the trial court's ruling to grant Plaintiff's request for a prelimi...

Excerpt: ... and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. Plaintiff moves the Court for leave to file a first amended complaint (“FAC”) in order to add two new causes of action, the new 6 th and 7 th causes of action for discharge without due process and discharge without due cause. She asserts that during this litigation she discovered that Defendant has no evidence tha...

Excerpt: ... for misusing the discovery process by destroying reports and documents in the possession of Farmers Insurance Agent Dayna Sibert. (2) Plaintiffs' three separate Code of Civil Procedure section 2031.310 motions seeking to compel Defendant Farmers Insurance Exchange (“FIE”) to fully comply with identified requests for the production of documents: a. Plaintiffs' Requests 1-2 and 7-12; b. Plaintiffs' Requests 1-3, 6-13 and 22; and c. Plaintiffs'...

Excerpt: ...operty”) , but that after Plaintiff performed Defendants refused to pay. It seeks to collect the money owed. Defendant Kobus ultimately filed a cross-complaint as First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred failing to perform its full scope of work on the Project and performing substandard construction. As a result, he complai...

Excerpt: ...des that to the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court may impose the sanctions listed in the statute against anyone engaging in conduct that is a misuse of the discovery process. The conduct that is the basis of this motion is Plaintiff's counsel's failure to pay court ordered sanctions. On December 18, 2020, this Court entered an order granting Defendant's motio...

Excerpt: ...d it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Judgment Creditor's motion to compel each of the Defendants to respond to his post-judgment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is accompanied by a proof of service establishing service on each of the Defendants and no opposition ha...

Excerpt: ...d for monetary sanctions. The Motion is accompanied by a proof of service establishing service on Defendant and no opposition has been filed. The unopposed Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $ 90 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. Cal. Code Civ. Proc. (“CCP”) §§ 708.0...

Excerpt: ...trative record, and in the exercise of its independent judgment, the Petition is DENIED. The weight of evidence supports the DMV's September 10, 2020 decision to re- impose the one-year suspension of Petitioner's driving privileges. Additionally, Petitioner has not met her burden to show the DMV exceeded its constitutional or statutory authority; that DMV conducted the case in an “arbitrary or capricious” manner; or that DMV's decision was ba...

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 Defendants' motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”...

Excerpt: ...tiff's loan to DSW in the amount of $250,000. (Id. at ¶5.) On January 3, 2016, Plaintiff loaned DSW an additional $100,000. (Id. at ¶6.) On January 16, 2016, Plaintiff loaned DSW $70,000. (Ibid.) DSW executed additional promissory notes for the second and third loans. (Ibid.) On October 8, 2015, Defendant executed a Guaranty Agreement (“Guaranty”) pursuant to which he personally guaranteed the October 2015 note. On February 27, 2016, Plaint...

Excerpt: ...rious court filings is GRANTED. For the reasons described below, the demurrer is OVERRULED as to COAs #1-6, and SUSTAINED WITH LEAVE TO AMEND as to COA #7. First and Second Causes of Action (Professional Negligence and Breach of Fiduciary Duty) Plaintiff's first and second causes of action are pled as claims belonging to decedent Ubaldo Tambellini, defendants' former client, for alleged breaches during the period of time that defendants represent...

Excerpt: ...s' behalf (the “FAC”). The FAC alleges that Plaintiff entered into a retainer agreement in February 2016 with Defendant Frank that was a “general services contract by the month” and that notwithstanding the fact that Defendant Frank terminated her (as an individual and as director of each entity defendant) Defendant Frank refused to sign a substitution of attorney and Defendants opposed her motions to withdraw from each litigation (forcin...

Excerpt: ...[Respondent] will raise other objections to [Petitioner's] ‘Amended Petition.'” (Motion at p.5, fn.3.) Respondent confirms in his reply that the demurrer, motion to strike and motion for a preliminary injunction were “superseded and rendered moot by the amended motion seeking only a change of venue…” (Reply at 1:24.) Thus, Respondent requests that the Court “disregard [Respondent's] superceded (sic) and moot demurrer and motion to str...

Excerpt: ...ges, a complaint must set forth the elements as stated in the general punitive damage statute, Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63, citing College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) “Malice” is defined in...

Excerpt: ...ved at the credit amount of $834.66. A supplemental declaration now having been filed establishing the amounts paid and the remaining balance owed, the motion is GRANTED. Upon filing a memorandum of costs, the Court will sign the proposed order and judgment which includes costs in the amount of $293. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for ...

Excerpt: ...hat a federally recognized tribe has sovereign immunity. The issue is whether SC, a separate company organized under the laws of this state, is also entitled to immunity because the conduct at issue in this case occurred on tribal land and while SC was performing services on behalf of the tribe. The sovereign immunity defense is reserved for the tribe and its entities. (Twenty-Nine Palms Enterprises Corp. v. Bardos (2012) 210 Cal.App.4th 1435, 14...

Excerpt: ...and writ of execution are VACATED. The demurrer attached to Defendant's declaration as his proposed response to the Complaint is deemed filed. There is good cause to expedite the hearing so the hearing on Defendant's demurrer is set for May 12, 2021 at 3:00 p.m. in Department 17, via zoom. Plaintiff's response to the demurrer shall be served and filed no later than May 5, 2021. Defendant's reply shall be served and filed no later than noon on Mon...

Excerpt: ...or the Project on the basis that the FEIR fails to comply with the California Environmental Quality Act (“CEQA”). Petitioners argue that the FEIR violates CEQA because Respondents approved a version of the Project which differed from that described and analyzed in the CEQA process; there is no “Accurate, stable, and finite” Project description; the FEIR failed to investigate and mitigate public safety impacts in the event of evacuation; t...

Excerpt: ...et forth the objectionable statement or material.”].) DeCarli's special motion to strike Frym's fourth cause of action for fraud and fifth cause of action for extortion is GRANTED. Although the notice of motion states that it is brought as to all five causes of action, the points and authorities only addresses the first three causes of action in passing. Those causes of action, for breach of contract and common counts, on their face, do not ari...