Excerpt: ...im. It alleges that Plaintiff was a print advertising customer of the AT&T yellow pages until about 2010 and that Defendants, who had AT&T's customer list, operated a “slamming” operation whereby they published an obscure publication online which lists the services of prior AT&T customers without the customers' knowledge or consent and then sells the purported debt for advertising to a collection agency. Plaintiff alleges that if Defendants a...

Excerpt: ....15 jury award was a sufficient incentive for Plaintiff to respond to the appeal. Section 1021.5 states in relevant part that “[u]pon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or...

Excerpt: ...intiff with causes of action for fraud, breach of contract, intentional interference with contractual relations, and negligent interference with prospective economic relations.This matter is on calendar for the motions by Defendants: 1) to compel Plaintiff to provide further responses to the third set of requests for production of documents (the “RPOD Motion”); and 2) to compel Plaintiff to provide further responses to the third set of specia...

Excerpt: ...r is SUSTAINED with leave to amend. Cross-Complaint has leave to amend within 20 days of service of the notice of entry of this order. Cross- Complaint is to serve notice of entry of this order within 5 days of entry of this order. The SACC contains causes of action for Breach of Contract, Misrepresentation, and False Promises. It alleges that Maleki contracted with BTL to purchase an “Emsculpt” machine. (SACC ¶13.) She paid $29 a month. (Id...

Excerpt: ... in the ongoing custody action. The only allegation of an intentional or negligent misrepresentation states “SEE EXHIBIT 1” which is a Request for Change of visitation motion that Plaintiff filed in the family law matter on July 30, 2020. (See, Complaint at ¶FR-2.a., citing Ex. 1.) Thereafter, Plaintiff alleges “Defendant had phone in option for CCRC attendance that was intentionally ignored to delay hearing into March 2021, See Exhibit 1....

Excerpt: ...§ 12940(m)); 3) disability discrimination- failure to engage in good faith interactive process (GC § 12940(n)); 4) retaliation (GC § 12940(h)); 5) harassment based on disability (GC §§ 12940(a) and 12940(j)); and 6) failure to prevent harassment, discrimination or retaliation (GC § 12940(k)). This matter is on calendar for Defendant's demurrer to each cause of action on the grounds that it fails to state facts sufficient to constitute a cau...

Excerpt: ... is DENIED. Defendant is to file an answer to the complaint within 10 days of notice of entry of this order This action arises out of the purchase of a 2017 Kia Sportage (“Subject Vehicle”) on May 14, 2016. Plaintiffs Rebecca Driscoll and Michael Daniel Driscoll (“Plaintiffs”) allege that during the warranty period, the Subject Vehicle contained or developed defects including but not limited to, latent defects causing oil flow to become r...

Excerpt: ...ries and servicers, and their agents, of a mortgage loan (“the Loan”) secured against the Property with a deed of trust (“DOT”), Plaintiffs complain that Defendants have improperly instituted foreclosure proceedings and recorded a notice of default (“NOD”) and notice of trustee's sale (“NOS”). Plaintiffs assert that Defendant have incorrectly claimed that Plaintiffs are in default based on incorrect payment requirements, failed to...

Excerpt: ...ts”) benefitting the Paulsen Property; the Easements are necessary for the viable use of the Paulsen Property and operation of the Village; the Easements burdened property at 665 Sebastopol Road (the Commission Property”) adjacent to the Paulsen Property; Defendant Sonoma County Community Development Commission (“the Commission”) purchased the Commission Property in about 2011; use of the Easement on the Commission Property for ingress, e...

Excerpt: ...fs allege that they requested, and Defendants promised to provide, an insurance policy with sufficient coverage limits to cover the replacement costs of the Loss. Defendants, they complain, promised to make an accurate determination of the replacement costs and coverage required but failed to do so, failed to inspect the Property to make the determination, and misrepresented their calculations and the adequacy of the coverage provided. A. Summary...

Excerpt: ...ses liability. The motions are DENIED. On November 6, 2019, Plaintiffs filed their complaint for wrongful death against Defendants City, Foundation, and Rhoten Productions, LLC (“Rhoten”). The complaint alleges causes of action for negligence and premises liability as a result of Decedent Lilla Weinberger (“Decedent”) falling down stairs at a theatre located at 476 1st Street East in Sonoma, California (“Premises”). Said fall is alleg...

Excerpt: ...perty to Plaintiffs and that Defendant Stacy Cooper-Galluzi also acted as Plaintiffs' agent in connection with the sale, and that Individual Defendants falsely represented that there was no history of flooding of the Property on the Real Estate Transfer Disclosure Statement, which Plaintiffs relied on, that Defendants did not inform Plaintiffs of the importance of the Natural Hazard Disclosure Report (which indicated that the Property was in Zone...

Excerpt: ...w in his footsteps, and to manage the business for them; Plaintiff and Leon were each to be a 50% shareholder. However, “almost immediately” after becoming an officer and shareholder and obtaining her shares in the Company, Leon abandoned the practice of law. Despite that, she continues to draw a $90,000 annual salary and has kept full control over all financial record-keeping and client database system, while failing to process payroll in a ...

Excerpt: ... Proc. (“CCP”) § 425.16 (the “Anti-SLAPP Motion”); and 2) Defendants' demurrer to the entire Complaint, and each cause of action therein, on the grounds of uncertainty (CCP § 430.10(f)) and failure to state facts sufficient to constitute a cause of action (CCP § 430.10(e)) for several different reasons. The Anti-SLAPP Motion is DENIED and Defendants and their counsel are ordered to pay $8,800 in attorneys' feesfor filing a frivolous an...

Excerpt: ...s served and filed beyond the deadline without a prior court order finding good cause for late submission.].) On its own motion, the Court STRIKES Plaintiff's Third Amended Complaint on the ground it was filed without leave of court and without stipulation by the parties. (See, Code Civ. Proc. §436 [“The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any i...

Excerpt: ...ocated at 1928 Camino Del Prada Way, Santa Rosa, CA that was improved with only a foundation. (FACC at ¶¶14, 17.) Plaintiff was a subcontractor for the foundation project; Gregory Mitchell was the general; Sandhu was the buyer; Carmen Marinsik was the seller; Pearson Properties, Inc. was the broker; Nadine Reyes was the real estate agent; and Fidelity was the escrow company. (Id. at ¶¶14- 18.) Plaintiff initiated the suit by filing an action ...

Excerpt: ...yee liability (negligence) pursuant to Cal. Gov't Code (“GC”) §§ 815.2, 815.4, 820 et seq.; 2) dangerous condition of public property (GC § 835); 3) general negligence (against Doe defendants); and 4) government employee liability (negligent infliction of emotional distress- bystander claim) (GC §§ 815.2, 815.4, 820 et seq.) (the “Complaint”). The Complaint arises out of an incident whereby Plaintiff Doe, at least on or around Octobe...

Excerpt: ...d provisions, while negligently and fraudulently handling foreclosure proceedings against real property which Plaintiff owns at 9688 Barnett Valley Road, Sebastopol. Plaintiff alleges that Defendants claim to be beneficiaries of the mortgage loan (“Loan”) secured with a deed of trust (“DOT”) against the Property and wrongly instituted foreclosure proceedings without demonstrating that they indeed have a beneficial interest or authority to...

Excerpt: ...hat the Complaint was filed on September 4, 2020 and that remote work, staffing changes, and issues pertaining to the 2020 fires disrupted the firm's ordinary calendaring procedures such that jury fees were not lodged until January 29, 2021, which is the day after the initial case management conference. Trial is not scheduled until January 7, 2022, and counsel estimates that having a jury trial will add no more than three days to the current esti...

Excerpt: ... recover damages in this action for losses connected with the flood, property damage, and consequential damages, including lost profits and other economic losses; Plaintiffs Friedeman Wines, The Nectary, Community Market, Andrea Kenner, and Tamarind Clothing cannot prevail on their claims for intentional and negligent misrepresentation; finding that Plaintiffs' cause of action for intentional interference with prospective economic relations fails...

Excerpt: ...R”) in handling Plaintiff's request for a loan modification, thereby leading to foreclosure proceedings against the Property. He contends that during the modification transactions, Defendant misrepresented that foreclosure proceedings would not go forward; improperly scheduled a trustee's sale and foreclosed the on the Property when the Loan modification application was pending; failed to provide notice of deficiency; failed to provide a workin...

Excerpt: ...ound that Defendant has refused to provide complete, non- evasive, code-compliant responses to Plaintiff's Requests for Production No.'s 35-50, 53, 57-59, 62-64, 69-70, 81-85, and 91. The motion is DENIED. Plaintiff filed suit against Defendant alleging violations of the Song-Beverly Act in connection with Plaintiff's 2017 Nissan Sentra. Specifically, Plaintiff experienced a Check Engine Soon illumination, difficulty or inability shifting gears, ...

Excerpt: ...ot contain certain information) and after she reported conduct by her supervisor she reasonably believed to constitute sexual harassment. Compl. ¶¶ 13-24. The Complaint contains causes of action for: 1) retaliation in violation of Cal. Health & Safety Code § 1278; 2) retaliation in violation of FEHA; 3) violation of Cal. Lab. Code § 1102.5; and 4) wrongful termination in violation of public policy. This matter ison calendar for the motion by ...

Excerpt: ...breach of written agreement, breach of oral agreement, common counts, and promissory estoppel. This matter in on calendar for Defendant's motion: 1) to deem the facts set forth in his first set of requests to admission admitted by Plaintiffs; 2) to compel responses by both Plaintiffs to form interrogatory no 17.1 from his first set of form interrogatories; 3) to compel Plaintiffs to provide a “further supplemental production of documents, so as...

Excerpt: ...that unopposed motion was granted on April 7, 2021, in its entirety. In this motion, Plaintiff contends Defendants' responses to the same discovery are incomplete and evasive and that their objections are inapplicable and inappropriate. Additionally, Plaintiff asserts that despite agreeing to produce certain documents, Defendants have failed to provide those documents to Plaintiff. Defendants filed a joint opposition on April 1, 2021 but the oppo...

Excerpt: ...ied covenant of good faith and fair dealing; 3) specific performance; 4) quiet title; and 5) declaratory relief. This matter is on calendar for the demurrers to the Complaint filed by Defendant Steven Petersen and by Defendant Harold Petersen (together “Moving Defendants”), both on the grounds that the Complaint “fails as a matter of law as the exhibits [to the Complaint] do not disclose subsequent addendums to the lease in question which e...

Excerpt: ...ed on March 26, 2021 is hereby stricken for failure to obtain leave of court. Defendant's demurrer to the eighth cause of action is OVERRULED. Defendant's demurrer to the fourth, fifth, sixth, and seventh causes of action is SUSTAINED. As to the sixth cause of action for Violation of Labor Code section 1102.5, the demurrer is sustained WITH LEAVE TO AMEND. Regarding the remaining causes of action against PCC, there does not appear to be any way P...

Excerpt: ...rder. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. California Rules of Court (“CRC”) 3.1320(g). A. Facts and History This matter is a landlord-tenant dispute over property located at 483 Bettencourt Street, Sonoma, CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a leas...

Excerpt: ...st of the Trust (altogether “Defendants”), with two causes of action, both for breach of contract and quasi-specific performance (the “Complaint”). This matter is on calendar for the demurrers by Defendants to both causes of action on the grounds that: they do not state facts sufficient to constitute a cause of action because they fail to allege whether the contract at issue is written, oral, or implied by conduct; they are barred by the ...

Excerpt: ...time of the allegedly negligent medical treatment, and that plaintiff received the treatment free of charge as a benefit of her employment. Defendants claim that they are entitled to summary judgment as a matter of law because plaintiff's exclusive remedy against both defendants is workers' compensation, as set forth in the Worker's Act (Lab.C.Sec.3200 et seq.), and therefore this civil action is barred. Specifically, defendants argue that the un...

Excerpt: ...erty”). Contestant/Petitioner Ric Salvati (“Ric”) filed a will contest, amended on November 14, 2019 and amended a second time on August 6, 2020, alleging that he is the informally adopted son of Decedent, named as a beneficiary in Decedent's will of 2015, and complaining that Launay used his position of trust and confidence over his spouse Decedent, to pressure Decedent into creating a new will naming Launay as primary beneficiary. He alle...

Excerpt: ... City of Santa Rosa (“City”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages 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. Plaintiff...

Excerpt: ... in conduct that devalues or otherwise negatively affects the valuation of Enso. The motion is DENIED. Plaintiff's request for judicial notice is granted. Plaintiff's complaint was filed on January 16, 2020. Plaintiff alleges therein that he and defendant Jim DeCota were the original founding members of Enso, which provides investment advisory services. The remaining defendants are members of Enso. The relationship between Plaintiff and DeCota be...

Excerpt: ...deposition and that it was completed on February 25, 2021, and that he was never actually served with the subpoena. Kyle A. Withers, counsel for Anthony Gressak, submitted a declaration in support of this motion to compel and for sanctions. In it, Mr. Withers asserts that a deposition subpoena was served; over a two-month period in 2020 counsel for the nonparty deponent “unilaterally” took the deposition off calendar; and on March 9, 2020, th...

Excerpt: .... (Freeman decl., ¶4, Exhibit B.) On February 4, 2021, Landa responded by email stating that she had asked about a few dates, including February 19, 2021, and was waiting for the approval of the PMQs. (Id., Exhibit C.) On February 8, 2021, Freeman emailed a Notice of Taking Zoom Depositions and Request for Production of Documents (“Notice”) setting the depositions for February 19. (Id., Exhibit D.) On February 15, 2021, Landa responded with ...

Excerpt: ... GRANTED. Plaintiff is ordered to provide further response to Defendant's special interrogatory, set one, number 10, within 10 days of the service of this order. Sanctions are awarded in the amount of $8,144.30. A motion to compel lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (Code Civ. Proc., § 2030.300.) On August 24, 2...

Excerpt: ...nt to his claims in this case and that Defendant's responses are incomplete and evasive and that his objections are not justified. Defendant has not filed a timely opposition to the motion. The Court notes that on April 1, 2021, defendants Hines and Harper filed a joint opposition to the motions set for April 14, 2021 but defendant MacKenzie did not file a timely opposition addressing the present motion. To the extent Defendant intended the April...

Excerpt: ...ffs sustained when their property was “severely damaged and destroyed by fire” and their allegations that Defendant, their insurer, failed to make policy payments in a timely manner and failed to pay all amounts due under the policy. (Complaint at ¶¶2, 16.) Plaintiffs further allege that Defendant “breached the contract by failing to pay promptly, by stonewalling, and by failing to abide by the implied covenant of good faith and fair deal...

Excerpt: ...l is mandatory when accompanied by an attorney affidavit of fault. However, the statute is clear that relief under CCP § 473(b) is only available if the motion is made “within a reasonable time … ” that “in no case exceed[s] six months” (for discretionary relief) and “no more than six months after entry of judgment” (for mandatory relief). This Motion was brought more than twenty six months after the dismissal. Plaintiff acknowledg...

Excerpt: ... fraud and that Defendant never owed the debt. Code of Civil Procedure (“CCP”) section 473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP section 473(b). An order setting aside the default is discretionary where based on mistake, inadvertence, surprise, or excusable neglect. Id. There is also a ...

Excerpt: ...tiff filed a reply brief As discussed in more detail below, the request for a preliminary injunction is GRANTED. Plaintiff's Request for Judicial Notice Plaintiff's request for judicial notice of three court documents is GRANTED. However, the Court is giving no weight to the fact that a Judicial Officer in another proceeding questioned Defendant's credibility on certain matters in that case. Plaintiff's Objection to Defendant's Exhibit #4 (as Con...

Excerpt: ...into contracts with Plaintiffs (“the REO Contracts”) by which they agreed to pay Plaintiffs to perform improvements on the REO Properties, but that although Plaintiffs performed, Lendinghome and REO breached the REO Contracts by failing to pay the money owed. Plaintiffs recorded a claim of mechanic's lien (“the REO Liens”) against the REO Properties on July 28, 2020 and they seek to enforce the REO Liens. Plaintiffs also allege that Defen...

Excerpt: ...ire (“the Loss”) of October 2017, and the insurance policy provided (“the Policy”) was inadequate to cover the Loss. Defendants include American Family Connect Property and Casualty Insurance Company, formerly IDS Property Casualty Insurance Company (“AFC”), the alleged insurer, and Marshall & Swift/Boeckh, LLC (“MSB”), allegedly the provider of a software program, RCT Express (“RCT”) which AFC used to value the Property and d...

Excerpt: ...e demurrer to the second cause of action for Negligence per se is SUSTAINED without leave to amend. The demurrer to the third cause of action for Negligent Infliction of Emotional Distress is SUSTAINED with leave to amend. The demurrer to the fourth cause of action is OVERRULED. The motion to strike punitive damages is GRANTED with leave to amend. Malcolm Barrack was appointed demurrer facilitator in this matter. While the issues were not resolve...

Excerpt: ...cuments,” Plaintiffs state that they move the Court to compel Defendant to produce documents for the responses served on November 13, 2020 to Plaintiffs' third request for production (“RFPs”) served on October 7, 2020. Plaintiffs also move the Court to compel Defendant to respond to the request for production of documents in the deposition (“Depo RFPs”) of Defendant's Person Most Qualified (“PMQ”) regarding U-Boats, Mick Jones (“J...

Excerpt: ...� (Cal. R. Ct. 3.769(a).) In the motion, Plaintiff seeks an order (1) granting preliminary approval of the class action settlement; (2) conditionally certifying the class for settlement purposes; (3) preliminarily appointing Plaintiff as class representative; (4) preliminarily approving Lawyers for Justice as class counsel; (5) approving the proposed notice to the class; (6) directing the mailing of the notice to class members; (6) approving the ...

Excerpt: ...��). On or about May 15, 2020, Soligent assigned its rights to the claim to L.A. Commercial Group, Inc. (“Plaintiff”). Plaintiff filed this action on July 29, 2020 against Defendant and its CEO, Thomas Angeley (“Angeley”). Plaintiff served Angeley on August 8, 2020 and Defendant on August 11, 2020. Neither party responded so on September 19, 2020, a default was entered against Defendant only. Angeley was later dismissed from the action on...

Excerpt: ...feet at a property negligently owned, maintained, and controlled by Defendants located at 541 Martin Street, Rohnert Park (the “Property”), which had a landing without a railing in violation of codes, ordinances and standards and in a dangerous condition. This matter is on calendar for Defendants' motion for summary judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c on the grounds that they “neither owed no breached any legal dut...

Excerpt: ...l further responses to Requests for Production of Documents is GRANTED, in part, and DENIED, in part. The motion is DENIED as to Request Numbers 1, 3, 9, 45, and 48-50. The motion is GRANTED as to request numbers 37-42, and 51. Defendant is ordered to provide further response to Plaintiff's Request for Production of Documents, Numbers 37-42 and 51, within 20 days of the service of this order. Plaintiff is further ordered to provide verifications ...

Excerpt: ...ents, numbers 4, 24, 25, and 26. The motion is DENIED as to Defendant's request to order Plaintiff's general objections waived. Sanctions are awarded in Defendant's favor in the amount of $2,095. Defendant served Plaintiff with form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one, on April 30, 2020. (Szela decl., ¶2, Exhibits A-D.) Responses were provided on May 23, 2020. (Id. at ¶3,...

Excerpt: ...ss in Texas on November 5, 2019. Defendant Stenberg, on the other hand, was served by publication pursuant to an ex parte application granting leave to serve by publication entered on December 24, 2019, as reflected in the proofs of service filed on January 29, 2020. This matter is now on calendar for Defendant Stenberg's motion to set aside the default pursuant to CCP §473.5. The Motion is GRANTED. I. Governing Law CCP § 473.5(a) provides: “...

Excerpt: ...judicial mistakes,” which cannot be corrected under section 473(d) and “clerical mistakes,” which can be corrected.].) The motion is CONTINUED to the extent it seeks to set aside the Order under Code of Civil Procedure section 473(d) on the grounds the Order is void for lack of subject matter jurisdiction. The Court will address the jurisdiction issues at trial, together with the underlying Petition and Respondent's August 18, 2020 Oppositi...

Excerpt: .... A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor establishes that the amount of delinquent taxes...

Excerpt: ...t A to the 2/22/20 Petition is a photocopy of the final page of the 2011 Trust attached as Exhibit B to the 2/22/20 Petition” is DENIED. This is not a “fact” that is “not reasonably subject to dispute and [is] capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Respondents' motion for judgment on the pleadings is GRANTED, with leave to amend. Petitioner has te...

Excerpt: ...ntiff performed, Defendants refused to pay. It seeks to collect the money owed. Defendant Martin Kobus (“Kobus”) filed a cross-complaint, followed by a First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus in part seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred's failing to perform its full scope of work on the Project and performing substandard construction. As a result, he compla...

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

Excerpt: ...Defendants shall file and serve an answer within 10 days of service of the Court's order denying the demurrer and motion to strike. Plaintiff shall, within five days of the date of this ruling, submit a proposed conforming order for approval on each other party or parties to the action. The proposed order shall be submitted to this Court after a five day review period, or following written approval, in conformance with California Rules of Court, ...

Excerpt: ...titled to those fees already incurred, i.e., $1,237.50. Thus, the Court will enter judgment against Defendant in the total amount of $51,237.50. This action arises from an agreement between Plaintiff and Defendant whereby Defendant would supply two 120-barrel brite beer jacketed tanks for $35,000 each and one 220-barrel brite beer jacketed tank for $53,000. (Motion at 1:27-2:1.) When the tanks were delivered, Plaintiff “noticed that the 220-bar...

Excerpt: ...n appropriate remedy. (CCP § 128).” The notice of motion indicates that it is based on… Code of Civil Procedure § 2031.320 and Code of Civil Procedure § 128.” Code of Civil Procedure section 2031.320 provides, in essence, that a party that files a response to an inspection demand, but thereafter fails to permit the inspection in compliance, the demanding party may move for an order compelling compliance. This action has seen several demu...

Excerpt: ...nd in pain. Plaintiff's presently operative third amended complaint contains causes of action for: 1) direct and vicarious negligence; 2) battery; and 3) physical abuse of an elder (Cal. Welf. & Ins. Code (“W&IC”) § 15600 et seq.) (the “TAC”). This matter is on calendar for Defendant's motion pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c for summary judgment or, in the alternative, summary adjudication as to each cause of action i...

Excerpt: ... Complaint contains causes of action for: 1) retaliation in violation of Cal. Health & Safety Code § 1278; 2) retaliation in violation of FEHA; 3) violation of Cal. Lab. Code § 1102.5; and 4) wrongful termination in violation of public policy. This matter ison calendar for: 1) the motion by Plaintiff to compel further responses to employment form interrogatories and requests for production of documents directed at Defendant and for sanctions (�...

Excerpt: ...person appointments due to the COVID- 19 shutdown, making it difficult to retain an attorney. This, asserts Defendant, delayed his efforts to respond to the complaint, leading to the default. He states that he contacted “multiple” attorneys who were either unable or unwilling at the time to take him on as a client. He also learned of the document-preparation services of LDA4You too late to prevent the default. He provides a proposed answer. P...

Excerpt: ...on to the present motion was filed by an attorney purporting to represent the plaintiff. However, no substitution of counsel has been filed. The Court does not strike the opposition and does consider it on its merits. However, if counsel intends to represent the plaintiff going forward, a substitution of counsel must be filed, or future documents may be ordered stricken. On the merits, Defendant's motion to set aside the entry of default filed No...

Excerpt: ... negligence against: 1) Dr. Daniel Hersh; 2) St. Joseph Health Medical Group and its employees/agents; 3) Queen of the Valley Medical Center and its employees/agents; and 4) St. Joseph Health Northern California, LLC and its employees/agents. This matter is on calendar for the motion by St. Joseph Health Northern California, LLC dba Queen of the Valley Medical Center, erroneously sued separately as St. Joseph Health Northern California and Queen ...

Excerpt: ...this action. Kulvinskas also moves pursuant to CCP § 396b(b) to recover her attorney fees and costs in the amount of $4,310 for having to file this motion. CCP § 396b(a) allows this Court to order the proceeding transferred to the proper court if it appears it was not commenced in the proper court. Plaintiff alleges Kulvinskas committed malpractice with respect to her representation of him in an underlying trust case here in Sonoma County. Kulv...

Excerpt: ..., LC § 2698 et seq. (the “Complaint”). The Court granted a motion for conditional certification of the class and preliminary approval of the class action settlement on October 28, 2020 and a written order was entered on November 9, 2020. This matter is on calendar for Plaintiff's unopposed motion for final approval of the settlement, approving distribution of the settlement funds pursuant to the terms of the settlement, approving Plaintiff's...

Excerpt: ... to file a timely Government Claim with sufficient facts to support his claim for unpaid wages. The demurrer is OVERRULED on all other grounds. Plaintiff has twenty (20) days from service of the notice of entry of order to file and serve a second amended complaint. This action arises from Plaintiff's employment for Department of State Hospitals (“DSH”) from September 7, 2010 through October 19, 2018. (FAC at ¶¶6-8.) During his employment, P...

Excerpt: ...sufficient to constitute a cause of action. Tom, Sheldahl, Russo, and Calix demur to the fifth cause of action for race/ancestry/color harassment in violation of FEHA and the sixth cause of action for disability harassment in violation of FEHA on the ground that Plaintiff fails to plead facts sufficient to constitute a cause of action. Calix demurs to the fifteenth cause of action for violation of Labor Code section 232.5 (retaliation for reporti...

Excerpt: ...igations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages 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...

Excerpt: ...AM vehicle. The parties reached a settlement whereby the issue of reasonable attorneys' fees, costs, and expenses to be awarded would be determined by the Court, and this matter is on calendar for Plaintiff's motion wherein Plaintiff is seeking $57,227.31, comprised of $43,051.00 in attorney fees; $4,218.66 in costs and expenses; a lodestar multiplier enhancement of 0.15 which adds $6,457.65; and (d) an additional $3,500.00 for estimated time spe...

Excerpt: ... of action aside from one cause of action for negligence and one cause of action for violation of Health & Safety Code section 7100. Plaintiff may, as part of these causes of action attempt to plead a basis for damages for negligent infliction of emotional distress. Plaintiff does not have leave to amend to seek any damages for intentional infliction of emotional distress or any punitive or exemplary damages of any sort. Plaintiff does not have l...

Excerpt: ...ation, i.e., Vineyard Luxury Apartments in Petaluma, CA. Plaintiff brings this motion under Rule of Court 3.769 which states in part that “[a] settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing.” (Cal. R. Ct. 3.769(a).) In the motion, Plaintiff seeks an order (1) provisionally certifying the proposed class; (2) preliminarily approvin...

Excerpt: ...tion is accompanied by a proof of service, and there is a proof of service accompanying the Notice of Continued Hearing setting forth the present hearing date, yet no opposition was filed. The unopposed Motion is GRANTED with respect to the form interrogatories and demands for production but DENIED with respect to the requests for admission, and the request for sanctions is GRANTED but only in the reasonable amount of $800. Defendant shall serve ...

Excerpt: ...87.1 on the grounds the subpoena seeks “confidential information that is protected from production by the attorney client privilege and work product doctrine.” (Id. at 3:27-28.) Respondent points out that prior to Myrtle's death on January 5, 2020, Mr. Fisher drafted the trust in question, as well as four amendments thereto, and Respondent concedes that these documents are discoverable. However, Respondent contends that after Myrtle's death, ...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ...ons in the amount of $5,561 and, (4) for any further sanctions deemed appropriate by this Court for Plaintiff's failure to obey the Court's prior order. The motion is granted, in part, and denied, in part. The motion to compel Plaintiff's deposition is GRANTED. The Court will order the parties to meet and confer and pick a date for Plaintiff's continued deposition, which shall occur no later than Wednesday, March 24, 2021. As to Defendant's reque...

Excerpt: ...sure request for the former Tosco/Unocal Bulk Terminal No. 0201 in Eureka, California (the “Site”). In the writ, TRC argued that the Non-Concurrence did not comply with the Board's own Low-Threat Closure Policy (“LTCP”), which enables the Board to close sites with historic petroleum releases where risks to human health and the environment have been effectively controlled and further investment of resources is unwarranted. Additionally, TR...

Excerpt: ...the ruling on Defendant's Demurrer to the First Amended Complaint, once again, the SAC realleges the very same defective three-day notice that caused the First Amended Complaint to be deficient…” (Demurrer at 3:7-12.) Second, Defendant contends that “the SAC fails to include a proof of service of a 30-day notice in Exhibit 3” and therefore, it is “fatally defective and cannot support an unlawful detainer action.” (Id. at 3:15-16.) Thi...

Excerpt: ...er is on calendar for Plaintiff's Motion for a New Trial pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 657 and 659, filed on January 8, 2021, on the basis of “[a]ccident or surprise, which ordinary prudence could not have guarded against” and “[i]nadequate damages” (CCP § 657(3), (5)). The Motion is DENIED. Preliminarily, there is no proof of service of the moving papers in the court file. CCP § 659(a) requires that “each adverse ...

Excerpt: ... on February 24, 2021. The Court thanks Mr. Meyer for his time and service in this matter. On November 25, 2020, Plaintiff filed his FAC. Defendant filed her demurrer on December 29, 2020. Thereafter, without leave to amend, Plaintiff filed a second amended complaint. The second amended form complaint does not contain any factual allegations. As it was filed without leave to amend, the Court hereby strikes Plaintiff's second amended complaint and...

Excerpt: ...udgment is to delimit the scope of the issues' ” and to frame “the outer measure of materiality in a summary judgment proceeding.” ( FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367.) “The materiality of a disputed fact is measured by the pleadings [citations], which ‘set the boundaries of the issues to be resolved at summary judgment.' [Citations.]” ( Conroy v. Regents of University of California (2009) 45 Cal.4th 1244, 1...

Excerpt: ...information that may be used against Plaintiff in this action. As indicated in the memorandum of points and authorities, the motion is brought pursuant to Rules of the State Bar of California, Rule 1.9. The motion is DENIED. Rule 1.9(a) reads, in part: “A lawyer who has formally represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materi...

Excerpt: ...“Agreement”), the Court would retain jurisdiction to enforce the Agreement. This matter is on calendar for Plaintiff's motion pursuant to CCP § 664.6 “to order [Defendant] to pay Plaintiff the sum of Fifty-seven Thousand Five Hundred Dollars ($57,500.00) plus interest in accordance with law” pursuant to the terms of the Agreement. Notice of Motion at 2:2-6. The Motion is DENIED without prejudice to Plaintiff bringing a CCP § 664.6 motio...

Excerpt: ... motion specifying the particular discovery sought to be conducted, following a substantive meet and confer between counsel (the “November Ruling”), and the present motion followed. The Motion is GRANTED with respect to the requests for production (Smith Decl. Ex. A), the interrogatories (Smith Decl. Ex. B), and the depositions of Plaintiff Cody Molica (“Plaintiff”) and James Shubert (Smith Decl. Exs. C and D). CCP §2024.050. The Motion ...

Excerpt: ...information that may be used against Plaintiff in this action. As indicated in the memorandum of points and authorities, the motion is brought pursuant to Rules of the State Bar of California, Rule 1.9. The motion is DENIED. Rule 1.9(a) reads, in part: “A lawyer who has formally represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materi...

Excerpt: ...Court issued an Amended Order After Hearing granting in part and denying in part the motion to amend the judgment. The Court's May 14, 2020 Order directed Mr. Abel to take certain actions in connection with preparing the second amended judgment consistent with the Court's ruling, including entering his total damages (which amounts were to include both his own damages and the damages of other plaintiffs/judgment creditors who assigned their claims...

Excerpt: ...mpanied the sale by which Ford Motor Company undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or provide compensation if there was a failure in such utility or performance. (Id. at ¶9.) The Truck was delivered to Plaintiff with serious defects and nonconformities to the warranty and developed other serious defects and nonconformities to the warranty including, but not limited to a defective engine, transmission...

Excerpt: ...he Complaint In this lemon law action, Richard Bell (“Plaintiff”) purchased a new 2020 Chevrolet Silverado 1500 on or about January 31, 2020. (Complaint at ¶5.) Plaintiff alleges he has brought the vehicle in for servicing three times to address “defects, malfunctions, misadjustments, and/or nonconformities” with the vehicle, including “defects and malfunctions, specifically with check engine light, loss of power, transmission issues, ...

Excerpt: ... tort and contract law and does not state facts sufficient to allege any exception to the prohibition on importing tort liability into contract actions. Defendant also moves to strike paragraphs 70 and 71 and the prayer, all seeking punitive damages, as the facts as alleged in the complaint fail to warrant the imposition of punitive damages. Last, Defendant seeks to strike the verification for failure to comply with CCP § 2015.5. John Geary was ...

Excerpt: ...of Plaintiffs' new single-family home on Plaintiff's property at 1974 Sobre Vista Rd., Sonoma, causing substantial defects and problems consisting of settlement, differential movement, distress to the structure, and resulting damages. It is contended that Defendant PJC negligently performed soils and geotechnical services, specifically investigating and reporting the soil condition and addressing the need to combat soil expansion; the plans calle...

Excerpt: ... the probability that the moving party will prevail on the merits and (2) the interim harm to the respective parties if an injunction is granted or denied. (Sahlolbei v. Providence Healthcare, Inc. (2003) 112 Cal.App.4th 1137, 1145.) The moving party must prevail on both factors to obtain an injunction. (Ibid.) 1. Probability of Success on the Merits Plaintiff's complaint alleges causes of action for (1) violation of California Usury Law; (2) Vio...

Excerpt: ...de further responses to Plaintiff's special interrogatories, set one, numbers 69-92, as well as further responses to Plaintiff's request for production of documents, set one, numbers 10-14, 19-27, 43, and 44, within 10 days of the service of this order. Sanctions are awarded in Plaintiff's favor as against Defendant and Defendant's counsel, Michael Smith, in the total amount of $3,370.00. Special Interrogatories This motion is brought pursuant to...

Excerpt: ...rnatively, Plaintiff moves for an order summarily adjudicating its second cause of action for an account stated. Plaintiff contends that its evidence establishes every element of each cause of action. This matter initially came on calendar on November 4, 2020, but was continued at the request of Defendant's counsel in order to provide further briefing and evidence. The motion for summary adjudication is DENIED. Plaintiff alleges that Defendant, o...

Excerpt: ...s, in breach of the Lease. Defendants, as Cross-Complainants, filed a cross-complaint against Plaintiff/Cross-Defendant for numerous alleged violations stemming from Plaintiff/Cross-Defendant's duties as owner and landlord of the Property. These include breach of the warranties of habitability and quiet enjoyment; nuisance; negligence; constructive eviction; violation of CC sections 1940.2, 1942.5, and 1950.5; intentional infliction of emotional ...

Excerpt: ...y from this notice once a hearing date is assigned…” (See, December 7, 2020 Notice of Motion.) The motion was set for February 24, 202, however, Respondent never filed a memorandum of points and authorities or a supporting declaration. It appears that Respondent has abandoned that “motion” though the Court received no notice of that fact. Subsequently, on January 25, 2021, Respondent filed an “amended” notice of motion for an order de...

Excerpt: ...ment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. A proof of service was filed and there is no Opposition. The 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. C...

Excerpt: ...ocuments, set one and two. Defendants request sanctions in the amount of $5,610 for Plaintiffs' failure to provide any responses to the supplemental interrogatories or requests for production of documents. Plaintiffs having now provided responses, the motion to compel responses is moot. However, sanctions are awarded in Defendants' favor in the amount of $960. Additionally, the matter is CONTINUED to Friday, June 4, 2021, at 3:00 p.m., in Courtro...

Excerpt: ...ual Defendants,” with the Association “Defendants”) for injunctive relief and for breach of fiduciary duty. This matter is on calendar for competing motions by Defendants and by Plaintiffs to enforce the parties' settlement pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6. Defendants move for an order entering judgment “in accordance with the parties' oral settlement agreement entered on the record February 7, 2020 [the ‘Oral Agree...

Excerpt: ...ses 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) intentional infliction of emotional distress; 5) suppression/nondisclosure of facts; 6) fraud- intentional misrepresentation; 7) fraud-negligent misrepresentation; and 8) constructive fraud. This matter is on calendar for Defendants' demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) §...