Excerpt: ...ed as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. However, the Court recently sustained the demurrer as to all causes of action within the FAC with leave to amend. This matter is on calendar for Defendant's motion for protective order under CCP SS 2030.090, 2031.060, and 2033.080. The Motion is GRANTED until such time that the pleadings are settled. Governing Authorities "C...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...'s previous analysis. While such statement of non-oppositon alone would be sufficient basis on which to sustain the demurrer, the Court has still analyzed the sufficiency of the facts newly alleged in the Second Amended Complaint and finds that they do not adequately plead this matter outside of the Worker's Compensation Exclusivity Rule. The Court notes that Plaintiff did not file any opposition to the first orthe second demurrer. Defendant's co...

Excerpt: ...for ejectment, partition, quiet title, injunctive relief and unjust enrichment, for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC has a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals alleging causes of ac...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ... the Court must approve contracts with third parties before the partition referee enters them, pursuant to CCP S 873.110. This is inaccurate. The statute says that the Court may authorize or approve contracts of the referee with third parties. It is not required. Rather, the "referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court." (CCP S 873.060.) The Court sees no compelling reason to r...

Excerpt: ...ng the hearing on this motion, the motion will be GRANTED. The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Code Civ. Proc., S 2025.280(a).) The party noticing the dep...

Excerpt: ...ation agreement. (Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption...

Excerpt: ...mplaint contains causes of action for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendant's motion for stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote j...

Excerpt: ...at Delaware Law applies to this case and that Section 5712 does not prevent a party from renewing a request for reallocation of arbitration expenses. Thereafter, citing California authority, Plaintiff argues that the court has the inherent authority to modify the order to arbitrate as it sees fit. In its order to compel arbitration, this court noted that the parties' LPA states at secton 19.9 that it is governed by the Delaware Revised uniform Li...

Excerpt: ... to state facts sufficient to constitute a cause of action. No opposition was filed. The Demurrer is SUSTAINED with leave to amend. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP S 430.30(a). "On a demurrer a court's function is limited to testing the legal sufficiency of the complaint. [Citation.] 'A dem...

Excerpt: ...verly Consumer Warranty Act, Civ. Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Repair Facility). Plaintiff purchased a 2020 Nissan Sentra (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration...

Excerpt: ...sts whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclus...

Excerpt: ...are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestrawv. California Physicians' Service (2000) 81 Cal.App.4th 39, 43;...

Excerpt: ...lleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly paid under the Agreement u...

Excerpt: ...") admitted under CCP S 2033.280. Plaintiff only requests that answers be compelled to interrogatories if the RFAs are not deemed admitted. The unopposed Motion is GRANTED. Plaintiff's motion to deem admissions admitted is GRANTED. Defendants shall attend a properly noticed deposition from Plaintiff within thirty (30) days' notice of this order. Defendants shall pay $2,391.00 to Plaintiff within 10 days' notice of this order. Governing Law Regard...

Excerpt: ...ed grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges eight causes of action against all Defendants in this case: Whistleblower Retaliation; Gender Discrimination; Gender Harassment; Retaliation; Failure to Take Steps Necessary to Prevent Gender Discrimination, Harassment, or Retaliation; Negligent Hiring, Su...

Excerpt: ...issions is GRANTED. Plaintiff's request for sanctions is GRANTED but reduced to the amount of $1,500 total for costs and fees incurred in bringing both motions. The Court finds that $1,500 is reasonable compensation for the motions and reasonable deterrence for future discovery violations. Procedural History This action involves a breach of warranty claim pursuant to the Song-Beverly Consumer Warranty Act involving Plaintiffs vehicle. (Motion to ...

Excerpt: ...23. On November 23, 2022, Quantum Mechanical served its Document Requests, Set Two to Plaintiff. Plaintiff requested an extension of time to respond, to which Quantum Mechanical agreed, and Plaintiff provided responses on January 4, 2023. Plaintiff's responses to the items at issue in this motion stated that Plaintiff would produce responsive documents which were not privileged or protected. On January 11, 2023, after the cut-off for discovery pr...

Excerpt: ...nt under Code of Civil Procedure ("CCP") S 2031.310. The Mohon is DENIED in part. Plaintiff's request for sanctions is GRANTED in part. The matter is also on calendar for two motons to seal portions of certain filings and exhibits. Plaintiff has filed a motion to seal certain portions of their reply to the already adjudicated summary judgment motion, and their opposition to Defendant's motion for leave to amend. The motions are DENIED. Law Govern...

Excerpt: ...ch 10, 2023. See CCP Section 683.170(b)(60 days). Defendant adds five days for mailing pursuant to CCP section 1013(a). Sixty-five (65) days after March 10, 2023, is Sunday, May 14, 2023. This moton was filed on May 12, 2023—63 days after the notice of renewal of judgment was mailed. Without citing authority, Plaintiff argues that this motion had to be filed within 30 days. The applicable statute states otherwise. 2. Timeliness arguments on the...

Excerpt: ...0 San Simeon Drive in Rohnert Park ("the Property"). Petitioners state that on or around February 14, 2022, Statewide recorded a Claim of Mechanic's Lien against the Property. The Petition states that Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the l...

Excerpt: ...er responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. Prior to the filing of this motion, Plaintiff had provded a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension on the time to file their motion to...

Excerpt: ...022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Motion Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream's Dismantl...

Excerpt: ...ing under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties... (Italics added...