Excerpt: ...r proceed further with the sale. Plaintiff attaches a copy of the purported Agreement as Ex. A. to the FAC, referring to it also as a “memorandum of understanding.” This is called a “Sale/Purchase Agreement” and states that it is between Defendants as sellers and Plaintiff as buyer; Plaintiff agreed to pay a total of “90,000.00” in return for immediate possession, with the purchase price to be paid in specified installments upon Plain...

Excerpt: ... seq.)”; 2) Plaintiffs are entitled to judgment as a matter of law on Defendant's 48th affirmative defense of “Payment and Release”; 3) Plaintiffs are entitled to judgment as a matter of law on Defendant's 49th affirmative defense of “Receipt of all Sums and Benefits”; and 4) Plaintiffs are entitled to judgment as a matter of law on Defendant's 67th affirmative defense of “Accord and Satisfaction.” The “Defendant” to whom Plaint...

Excerpt: ...ranted on February 10, 2021 and is apparently already set for arbitration with JAMS on March 1-3, 2021. This matter involves the Petitioner's representation of Respondent in the appellate portion of the dissolution matter, which is subject to a separate legal services agreement, also with an arbitration provision. The legal services agreement at issue here was effective May 5, 2013 and includes an arbitration provision which states in part that �...

Excerpt: ...enth causes of action for Intentional Interference with Prospective Economic Advantage and eighth cause of action for Aiding and Abetting Interference with Prospective Economic Advantage. As to Plaintiff Gregory Schoepp, individually, the demurrer is MOOT. As to Plaintiffs Schoepp Construction, Inc. and Eagle Eye, the demurrer is SUSTAINED with leave to amend. To the extent the Court has sustained the demurrer, Plaintiffs have leave to amend with...

Excerpt: ...ply with those claims presentation requirements. The demurrer is SUSTAINED without leave to amend for failure to allege compliance with the claim presentation requirements of the Government Tort Claims Act. This is a personal injury action. Plaintiff Patrick Joseph Lynch, Jr., alleges he sustained personal injuries while involved in an activity sponsored by the Sonoma County Junior College when he was struck by a vehicle driven by Gemperline. Gem...

Excerpt: ...On or about June 28, 2016, McChesney backed out of the deal and litigation ensued between Plaintiffs and McChesney for breach of contract and specific performance. (Id. at ¶17.) That case was heavily litigated and on February 13, 2019, Plaintiffs dismissed their complaint against McChesney, with prejudice, as to all parties and all causes of action. Nine months after Plaintiffs dismissed their action against McChesney, Plaintiffs filed the prese...

Excerpt: ...500.00, finding it to be within the range of reasonableness for a settlement; (2) conditionally certify the class for settlement purposes as “all current or former non- exempt employees of Defendant in the State of California who were paid overtime wages during the period of April 1, 2019 through October 3, 2019” (“the Class”); (3) appoint Plaintiff Class Representative; (4) appoint Larry W. Lee, Kristen M. Agnew, and Nicholas Rosenthal o...

Excerpt: ...nant P.A. Schaefer Co., Inc.'s Cross- Complaint against HomeServices of America, Inc. dba Berkshire Hathaway HomeServices/Drysdale Properties and Dan Pearson (“Schaefer Cross-Complaint”); and (3) Defendant/Cross-Complainant Charles Scoble's Cross-Complaint against HomeServices of America, Inc. dba Berkshire Hathaway HomeServices/Drysdale Properties; Pearson Properties, Inc.; and Dan Pearson (“Scoble Cross-Complaint”). Defendants and Cross...

Excerpt: ...irement is to force the parties and their lawyers to reexamine their positions and to narrow their discovery disputes to the irreducible minimum before calling upon the court to resolve the matter. See, e.g. Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17 (meet and confer requirement is designed to encourage the parties to work out their differences informally so as to avoid the necessity of a formal order). “This, ...

Excerpt: ...erviews of Deputies Wenger and Jones referenced in IA 18-C-003” and the “disc of video showing the incident in a ‘clear, unobstructed point of view' as referenced in IA 18-C-0003.” The motion for an in- camera review of the video recordings is GRANTED. The custodian, the Sonoma County Sheriff's Office, is hereby ordered to appear with the recordings for an in- camera inspection. Evidence Code section 1043 requires a motion seeking peace o...

Excerpt: ...d potential delays at the trial and appellate levels, arbitral finality is a core component of the parties' agreement to submit to arbitration.” (Richey v. AutoNation, Inc. (2015) 60 Cal.4th 909, 916.) “[I]t is the general rule that parties to a private arbitration impliedly agree that the arbitrator's decision will be both binding and final” and thus they agree to bear the risk of an arbitrator's mistake “in return for a quick, inexpensi...

Excerpt: ...atter is on calendar for the motion by Defendant to transfer venue pursuant to Cal. Code Civ. Proc. (“CCP”) § 397 on the grounds that Sonoma County is not the proper court, as pursuant to CCP §395.5 its principal place of business is in the County of San Luis Obispo, and because the Complaint “states no cause of action in the County of Sonoma and [Plaintiff] cannot amend the complaint to state a cause of action in Sonoma County.” Notice...

Excerpt: ...special and form interrogatories, requests for admissions, and requests for production of documents. County seeks sanctions in the amount of $966 against Trustee and $1,104 against Stavrinides. The motion to compel Stavrinides to provide a further response to County's form interrogatory number 17.2 is GRANTED. The motions are otherwise DENIED. Defendant Elias Stavrinides, individually, is ordered to provide a full and complete verified response, ...

Excerpt: ...merely a procedural requirement,” but is a condition precedent to the claimant's ability to maintain an action against the public entity. (Shirk v. Vista Unified Sch. Dist. (2007) 42 Cal.4th 201, 209.) The Code states that “no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented…until a written claim therefor has been presented to the public entity and has been a...

Excerpt: ...fendant and related declaratory relief. Earlier in the case, the National Grange filed a motion for summary judgment and Defendant filed a motion for summary judgment directed at the California Grange, and both were denied. Then, on September 23, 2020, the Court ruled on: 1) Plaintiffs' summary judgment motions; and 2) Defendant's summary judgment motion directed at the National Grange, and a written order was entered on November 9, 2020 in accor...

Excerpt: ...se only “contemporaneous” arrest records for arrests occurring in the last 30-day period, and would not produce prior information which it considers “criminal history” outside of the public record. Respondents and Defendants the City of Sebastopol (“City”) assert that the CPRA must be considered along with the California Constitution and Penal Code Section 13300 et seq. According to City, the official collection, retention, and dissem...

Excerpt: ...foreclosure sale of Plaintiffs' property on August 10, 2020, with the trustee's deed upon sale being recorded on August 21, 2020. (Complaint at ¶¶15, 17 and Ex. G.) Plaintiffs claim that the trustee's sale was “illegal, fraudulent, or willfully oppressive” and that the sale is “void.” (Id. at ¶¶20-21.) Plaintiffs appear to base these claims on two allegations: (1) that “[a]t the time of the sale [on August 10, 2020], Plaintiff, Gary...

Excerpt: ...use on the real property located at 823 Slater Street, Santa Rosa, California.” (FAC at p.4.) Plaintiff was living at the property when on February 2, 2019, she slipped and fell down the stairs and “grasped for the right side handrail when it came loose because it was not securely attached with support brackets which were missing screws.” (Ibid.) Plaintiff alleges that the stairway “violated the California Building Code in numerous ways w...

Excerpt: ...together “Defendants”). The Complaint alleges that the senior lender foreclosed on the Property and took possession of the Property on March 14, 2011 (the “Foreclosure”). It alleges that payment on the Agreement was not made and that as of March 1, 2020 the outstanding debt on the Agreement, including accrued interest and fees, is $465,830.59. This matter is on calendar for Defendants' general demurrer to the Complaint pursuant to Cal. Co...

Excerpt: ...on of Rach's duty to defend “against the claims of Plaintiff…as alleged in the Sixth Cause of Action for Express Indemnity and Third Cause of Action for Declaratory Relief in Aaction Rent's [] Cross-Complaint.” (Notice at 2:3-6.) Aaction Rents' third cause of action for declaratory relief identifies the “actual controversy” as Rach denies “(a) [t]hat the responsibility, if any, for the damages incurred by plaintiff rests entirely or p...

Excerpt: ...Bennett performed surgery on Plaintiff's thumb but forgot to include the pin required for the thumb to heal correctly. As a result, it is alleged that Plaintiff's thumb did not heal correctly, causing considerable 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...

Excerpt: ...dgment creditor Richard Abel, who had previously been represented by attorney McCutchan. The minutes of the January 15, 2020 hearing on the Amendment Motion show that the Court adopted its tentative ruling granting in part and denying in part the Amendment Motion. A written order was entered on February 21, 2020. Thereafter, on May 14, 2020 the Court entered an amended order after hearing (the “May 2020 Order”). The May 2020 Order directed Mr...

Excerpt: ...s for admissions, as well as other discovery, must provide “all the information necessary to understand each discovery request and all the responses to it that are at issue…[t]he separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.” (Cal. R. Ct. 3.1345(c)...

Excerpt: ... to form and special interrogatories is GRANTED. Within 20 days of this order, NCCS is ordered to provide further responses to Defendant's first set of form interrogatories, excluding subparts as directed below, and to Defendant's first set of special interrogatories. The motion to compel further responses to Defendant's requests for production of documents is DENIED without prejudice. Sanctions are DENIED. The Court thanks Discovery Facilitator ...

Excerpt: ...o enforce their stipulation for conditional entry of judgment (the “Stipulation”) until performance in full of its terms. The Motion is GRANTED in part and DENIED in part. The Motion is granted insofar as the dismissal shall be vacated and judgment entered. However, for the reasons set forth below, judgment shall be entered in the amount of $26,500 (rather than the $72,990.02 sought), plus costs. The parties' Stipulation (Penuela Decl. Ex. A)...

Excerpt: ...located at 208 Vista Court, Sebastopol, California (“Vista”). The motion is made on the grounds that Plaintiffs failed to comply with the service, recording, and filing requirements set forth in California Code of Civil Procedure section (“CCP §”) 405.22, making the lis pendens void ab initio pursuant to CCP § 405.23. A second ground for the motion is that the operative complaint does not contain a cause of action which affects title or...

Excerpt: ...�”) 1985.3 and 1987.1 on the grounds that Cross- Complainant Jeanette Ann Bisno (“Bisno”) failed to comply with the procedural requirements for a subpoena under § 1985.3. Palmer argues Bisno violated CCP § 1985.3(b) by serving the Notice to Consumer by email on the same day Bisno served the subpoenas on the deponents, also by email, and by failing to serve Palmer with the subpoenas. Palmer requests sanctions in the amount of $11,165. The ...

Excerpt: ...igned thirteen years ago, on July 10, 2008. The Court notes that Petitioner has filed another Petition to compel arbitration against Respondent in another matter also in this department (SCV-265536), arising from Petitioner's representation of Respondent in the appeal of the dissolution matter. The motion to compel arbitration in SCV-265536 is on the Court's February 19, 2021 Law & Motion calendar, together with Respondent's motion to consolidate...

Excerpt: ...nswered, admitting some allegations but denying specified allegations, including the core allegations of the common counts or the money owed. Plaintiff moves for summary judgment in its favor on its complaint against Defendant, or for summary adjudication of the cause of action for open book account and the cause of action for account stated. There is no opposition. Any party may move for summary judgment or summary adjudication. Code of Civil Pr...

Excerpt: ...ts previously filed a demurrer to Plaintiff's first amended complaint and that demurrer was sustained in part, with leave to amend, and overruled in part. Plaintiff filed the SAC on October 10, 2020 and Defendants again demurrer under Code of Civil Procedure section 430.10(3) and on the grounds that the SAC fails to alleged sufficient facts to state a valid cause of action. As an initial matter, the Court disregards Plaintiff's “supplemental op...

Excerpt: ... fire on January 7, 2014 which destroyed the third floor and damaged most of the second floor of her home. The TAC, like the SAC, includes causes of action for: 1) breach of contract (against Nationwide, Amco, and Vega); 2) breach of the implied covenant of good faith and fair dealing (against Nationwide, Amco, and Vega); 3) financial elder abuse (against Nationwide, Amco, and Vega); 4) breach of contract (against Empire); 5) financial elder abus...

Excerpt: ...thin 10 days of service of notice of entry of this order. The Court thanks Robert A. Murray for his services as Demurrer Facilitator in this matter. On September 17, 2020, Plaintiffs Gregory Schoepp, an individual, Schoepp Construction, Inc. (together “Plaintiffs”), and Eagle Eye, LLC (“Eagle Eye”) filed their 2AC for Specific Performance, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Fraud, Interferen...

Excerpt: ...they continued to cohabitate and hold each other out as husband and wife. He alleges that the parties entered into a verbal and implied agreement to share in all properties and income they accumulated during their post-divorce relationship. The current motion relates to real property located at 488 Ginny Drive, Windsor (“the Property”). In his complaint, Plaintiff alleges that money he earned was used to partially pay down the balloon balance...

Excerpt: ...ions are accompanied by proofs of service, yet no oppositions were filed. The Motion to compel is GRANTED. Plaintiff shall serve full and complete verified responses, without objections, to the Supplemental Special Interrogatory and the Supplemental Request for Production of Documents, within fourteen (14) days of notice of entry of the order on these Motions and shall pay Defendant monetary sanctions in the amount of $660, within thirty (30) day...

Excerpt: ...eet their burden to show Plaintiffs' entire action “has no merit” or that Defendants have a complete defense thereto. (Code Civ. Proc. §437c(p)(2); see also, Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendants' motion for summary adjudication as to plaintiffs Thomas A. Giacinto's and Claudia A. Giacinto's first through fourth causes of action based on standing is GRANTED. 1. Plaintiffs' Claims Are Not Barred by Street &...

Excerpt: ...�CDC”) to compel further responses, filed on September 11, 2020 and heard January 22, 2021. The Court is therefore not addressing that portion of the motion here but instead is addressing it in the order on the Commission's motion to compel. This ruling, as a result, only encompasses the portion of this motion seeking to compel responses and production of documents from the Commission. Plaintiffs' Discovery Requests Plaintiffs personally served...

Excerpt: ...ment, LLC (“GBWM”) pursuant to an Operating Agreement dated May 21, 2004. Pursuant to a Separation Agreement dated August 25, 2017, Mr. Burleson acquired control of GBWM and renamed it Burleson & Company LLC, and Mr. Greenleaf resigned and disassociated from it. The Complaint alleges that Mr. Greenleaf formed Enso Wealth Management, LLC prior to his separation from GBWM and arranged to have Plaintiffs' trade secrets and confidential non-publi...

Excerpt: ...roduction of Plaintiff's medical records is GRANTED in part. With respect to Defendant's procedural argument that the motion is untimely, the Court exercises its discretion to consider the motion on its merits. With respect to the merits of the motion, the motion is GRANTED to the extent the subpoena seeks Plaintiff's medical records between January 1, 2016 and January 1, 2018 and is GRANTED in its entirety as to Plaintiff's “gynecological reco...

Excerpt: ...ests for Equitable Relief and Declaratory Relief at 15:16-17.) Judge Hardcastle continued that “[i]n this case, everyone was a loser: The parties, the Court, the attorneys and especially the citizens of Sonoma County.” (Id. at 15:17- 18.) Thus, Judge Hardcastle clearly considered the “prevailing party” issue and rendered a finding based on his extensive involvement in this case, including five years of litigation and two trials. Shortly a...

Excerpt: ...spondent has recorded against real property which Petitioner owns at 1929 Eleanor Avenue, Santa Rosa (“the Property”). Petitioner contends that Respondent recorded the Lien against the Property on September 25, 2020 but failed to foreclose on it within the time required so that as of December 24, 2020, it became invalid by operation of law according to CC section 8460. Petitioner asserts that it contacted Respondent on December 30, 2020 to in...

Excerpt: ...ewed the declaration of Peter Mallon explaining the late opposition and in light of the fact that Plaintiffs have filed a reply addressing the merits of the opposition, the Court will exercise its discretion to accept the late opposition and consider it on the merits. (See, Cal. R. Ct. 3.1300(d) [court has discretion to accept late papers]; see also, Mann v. Cracchiolo (1985) 38 Cal.3d 18, 29-30 [“Due to the “drastic nature” of the summary ...

Excerpt: ...nded petition does not state facts sufficient to establish a resulting trust; (4) the amended petition does not state sufficient facts to impose a constructive trust; (5) the amended petition does not state facts sufficient to state a cause of action for financial elder abuse; and (6) the claims are barred by the statute of limitations. 1. The Statute of Frauds Does Not Apply to Petitioner's Claims Based on a “Resulting Trust.” “A ‘result...

Excerpt: ...as adopted on October 7, 2020 without objection, granted the anti-SLAPP Motion and held that it rendered the demurrer moot, and a written order conforming to the ruling was entered on October 22, 2020. This matter is now on calendar for Defendant Dunst's Motion for Award of Mandatory Attorneys' Fees and Costs pursuant to CCP § 425.16(c), seeking “at least $17,010.00 in attorneys' fees and $548.25 in costs” incurred in connection with her suc...

Excerpt: ... is GRANTED. This matter initially came on calendar on October 7, 2020. The matter was continued to this calendar to allow the County to file and serve mandatory form CIV-100 requesting a default judgment. The County's Request for Court Judgment was filed and served on December 14, 2020. The County alleges that Defendant has created and maintained code violations on the subject real property, which include an unpermitted retaining wall, dangerous...

Excerpt: ...leges that Defendant was the designer, distributor, manufacturer, and supplier of a stainless steel wine blending tank for use at the Winery (the “Tank”), which had a racking door that failed and popped open in January, 2020 due to defects in the design and/or manufacture in the Tank, causing more than 100,000 gallons of wine to leak and damage the Winery's real and personal property and that this damage was compensated by Plaintiff. This mat...

Excerpt: ...documents evidencing Judgment Debtor's ownership in RWR Homes, Inc., and RWR Brokers, Inc. (“together “RWR”). The motion is GRANTED. Judgment in this action was entered on August 20, 2010. The judgment was renewed on May 7, 2020. The total outstanding judgment is for $1,029,219.86, in addition to post-judgment interest. Based upon filings with the California Secretary of State, Judgment Creditor believes that Judgment Debtor is an officer o...

Excerpt: ...atment she will lose the tooth. For the reasons stated below, the petition is DENIED. The petition is brought pursuant to Welfare and Institutions Code (“Welf. & Inst. Code or “WIC””) section 10962 and Code of Civil Procedure (“CCP”) section 1094.5. Welfare & Institutions Code section 10962 allows this Court to review proceedings of the DHCS under the provisions of CCP section 1094.5 within a year of notice of that department's final ...

Excerpt: ...ents, the 2019 California Energy Code Including All-Electric, Low-Rise Residential Reach Code (“the Reach Code” or “the Project”), adopted November 19, 2019. In his first cause of action, Petitioner contends that Respondents improperly adopted the Reach Code without conducting required review under the California Environmental Quality Act (“CEQA”). He asserts that Respondents improperly found the adoption of the Reach Code to fall wit...

Excerpt: ...o satisfy the Judgment. 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 amou...

Excerpt: ...ioners' actual service of the Petition, which appears to have been served by email to Respondents' attorney in the arbitration proceeding, the Court finds that this service is sufficient for the Court to obtain jurisdiction and rule on the merits of the motion. Specifically, the Code states that “[a] copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall...

Excerpt: ...plaint is a violation of her state and federal constitutional protections (the “Answer”). This matter is on calendar for Plaintiff's motion for an order striking the answer and entering default or, in the alternative, striking the denial and the defense, pursuant to Cal. Code Civ. Proc. §§ 435-436 on the grounds that it contains irrelevant, false and improper matters, is a “sham pleading,” is improper because it is not verified and does...

Excerpt: ...tions. The Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the FIs and RPODs on Defendant on July 7, 2020, and that despite making efforts to meet and confer, Defendant has failed to provide any responses. (Looney Decl. ¶¶ 1-4 & Exs. A- C.) Judgment Creditor also establishes that the discovery at issue does not viol...

Excerpt: ... Civ. Proc., § 430.10(a). The demurrers to the first, fourth, and sixth causes of action are OVERRULED. The demurrer to the seventh cause of action is SUSTAINED without leave to amend. Defendant is to file an answer to the First Amended Complaint within 10 days of notice of entry of this order. This matter was referred to the Demurrer Facilitator Program and assigned to Demurrer Facilitator D. Douglas Shureen. Mr. Shureen filed his report on Jan...

Excerpt: ...fs”) to “provide full and complete, verified responses” to Special Interrogatories, Set One, and Requests for Production of Documents, Set One, served on each of the Plaintiffs. The notice of motion asserts that no responses had been received as of the time the motion was filed, and it sought an order that all objections to the discovery have been waived. The notice did not seek imposition of sanctions. The motion was set to be heard on Oct...

Excerpt: ...cause of action for violation of Civil Code section 798.30, based on Defendant's failure to give the required 90 days' notice of a rent increase, Plaintiffs have failed to show that they will incur irreparable damages if the injunction is not issued. (See, Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1110; see also Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, ...

Excerpt: ...anctions in the amount of $2,368.00 against Plaintiffs' counsel of record, Abbey, Weitzenberg, Warren & Emery, P.C. The motion is GRANTED as to Medi-Cal records recently obtained by the Plaintiffs. Sanctions are DENIED. The Court hereby orders the parties to meet and confer in order to provide a stipulation for the Court's signature regarding the Plaintiffs' psychological records. On December 12, 2019, AFS propounded written discovery to Plaintif...

Excerpt: ...cond cause of action in the FAC for negligence and a motion to strike the punitive damages allegations. The Court's tentative ruling, which was adopted on August 5, 2020 without objection, overruled the demurrer and granted the motion to strike with leave to amend, and a written order conforming to the ruling was entered on September 8, 2020 (the “Prior Order”). Plaintiff filed the presently operative second amended complaint (“SAC”) on S...

Excerpt: ...es a $50,000 initial deposit into escrow which becomes “nonrefundable” upon “completion of zoning changes and annexation period through one of the two paths as described in 6d of the LOI and is released to the sellers (60 days). Buyer pledges to work diligently towards securing said entitlements.” (Scheg Dec. at Ex. I.) Additionally, the purchase is made “contingent upon property's entitlement, including City must adopt a resolution cer...

Excerpt: ...ude an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of Sonoma County Code (“SCC”), Chapters 7 (Building), 11 (Construction, Draining, Grading), and 26 (Zoning). Defendant has not complied with the Decision and Administrative Order dated May 13, 2019, (“2019 ORDER”), which compelled abatement of the violations within certa...

Excerpt: ...ailing Party” Under Code of Civil Procedure Section 1032. As to the motion to strike or tax the costs claimed by the State of California Coastal Conservancy, the Court rules as follows. After reviewing the briefs and related authorities, the motion is GRANTED and the Court strikes the Conservancy's memorandum of costs, in its entirety. “Generally, the prevailing party in ‘any action or proceeding' is entitled to costs as a matter of right.�...

Excerpt: ...ller (“Dr. Muller”). Plaintiff's Amendment to Complaint filed on June 6, 2019, names Team Health as DOE 1 and Chase Dennis Emergency Medical Group, Inc. (“Chase Dennis”) as DOE 2. Team Health argues that as a Tennessee limited liability company with its principal place of business in Tennessee and with limited contacts in California, it is not subject to either general personal jurisdiction or specific personal jurisdiction in California....

Excerpt: ...nt. 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 tax...

Excerpt: ...verage 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 and claims of prior creditors exceed the probabl...

Excerpt: ... interest in real property at 17955 Sweetwater Springs Road, Guerneville (“the Property”). He seeks to quiet title to his share of the Property, partition of the Property, and damages for money and time invested in the Property. In December 2018, before plaintiff filed the instant action, Defendant Angela filed in this court SFL-81784 (“the Family Action”), a family- law action against the Plaintiff in this action, seeking marital dissolu...

Excerpt: ... and Details overcharged Plaintiffs for work that was never performed, defrauded them, and perpetrated elder abuse in connection with a home build project, and that Lucas and Details were Linwood's agents and/or Linwood facilitated their fraud. As relevant here, following Linwood's demurrer to the FAC and the Court's May 13, 2020 ruling thereon, and the lack of a further amended complaint by Plaintiffs, the only causes of action remaining against...

Excerpt: ...� (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 “[a]t the time of the crash Defendant…drove his vehicle with a [Blood Alcohol Content] of greater than .20, in violation of California law, and placing the motoring public in grave and severe danger.” (Id. at p.6.) In granting the...

Excerpt: ...endant on the grounds that she was driving while intoxicated when the collision occurred, thereby demonstrating malice. The Motion is GRANTED. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. At...

Excerpt: ...ota Excavator, model U55-4R31, serial number 27165 (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant Hansen. The file contains proofs of service by personal service on both Defendants, which show service of the Complaint and the moving papers, and no opposition has been filed. The Application is ...

Excerpt: ...uest for judicial notice of recorded documents, as listed in its request, is granted. The Complaint Plaintiffs' complaint stems from an alleged loan modification agreement between the parties. Part of the agreement called for the deferral of $262,142.61 in debt, which was to be forgiven over the course of 3 years in the event timely payments were made by Plaintiffs. Deeming Plaintiffs had complied with their obligations, defendant Ocwen issued a ...

Excerpt: ...roc. §§ 430.10 (e), (f), and (g).) Additionally, Defendant moves to strike portions of the FAC which contain the statements that Defendant failed “to provide accurate itemized wage statements” and refer to penalties under California Labor Code section 226. Defendant's demurrer to the first cause of action is SUSTAINED without leave to amend; its demurrer to the third cause of action is OVERRULED. Defendant's motion to strike is GRANTED. Def...

Excerpt: ... such documents is not subject to judicial notice.”]; citing Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482; see also Stewart v. Rolling Stone LLC (2010) 181 Cal.App.4th 664, 689, fn. 22.].) Respondent's Objections to the Declaration of Robert Pulido 1-20 are SUSTAINED; the Objections to the Declaration of Julie Divita 1-11 are SUSTAINED; and the Objections to the Declaration of Dianne Wagner 1-12 are also SUSTAINED...

Excerpt: ...dard “boilerplate” language, despite the fact there was nothing “standard” about the events of July 2020, given the Covid-19 pandemic. The Court's experience is that when a tentative ruling contains anything substantially objectionable to a party, oral argument will be requested and the matter discussed. Plaintiffs did not request oral argument and alert the Court that the addition of the requirement for a personal appearance posed any is...

Excerpt: ...e at trial. In addition, Defendants move for an order imposing monetary sanctions, reasonable attorneys' fees, and costs in the amount of $1,150.00, $1,050.00, or $1,155.00. Different amounts are addressed in the points and authorities. The Court notes that the Notice of Motion states that Defendants request monetary sanctions, fees, and costs against “Jelani Freitas and Plaintiff's counsel, Law Offices of Brian L. Larsen.” The motion for ter...

Excerpt: ...$19,574.51 invoice, and for attorney fees and costs. Based upon the evidence and argument provided, the motion is DENIED. Plaintiff filed its complaint for fraud, breach of contract, and negligence against Defendant on December 15, 2016. The complaint stems from a dispute over a 2008 construction contract (“the Contract”). The Contract contains an original six-year term for the renovation of ten multi-unit townhouse buildings, 88 garages and ...

Excerpt: ...e “Crossing”). This matter is on calendar for the demurrer by SMART to the sixth and tenth causes of action in the SAP on the ground that each does not state facts sufficient to constitute a cause of action, including because it is not ripe (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)), and on the ground that the Court lacks subject matter jurisdiction (CCP §430.10(a)). The Demurrers are SUSTAINED WITHOUT leave to amend. I. Procedural Hist...

Excerpt: ...the covenant of good faith and fair dealing, and reformation, and against the Rogers Defendants for negligence. This matter is on calendar for the motion by the Rogers Defendants for summary judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 473c on the grounds that the single cause of action against it, for negligence, “fails as a matter of law.” The Motion is DENIED. I. The Complaint The SAC alleges that the individual plaintiffs own ...

Excerpt: ...; and 8) declaratory relief (the “FAC”). This matter is on calendar for Plaintiffs' motion pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 1985.8, 1987 and 2025.480, directed at a non-party Marc Durand. The caption states that Plaintiffs seek an “order directing compliance with deposition subpoena requiring production of documents; request for order awarding monetary sanctions including for non-production and intentional spoliation of doc...

Excerpt: ....10(e) on the grounds the FAC fails to state facts sufficient to demonstrate a constitutional violation and that it fails to state facts sufficient to constitute a valid cause of action for public waste. The Demurrer is SUSTAINED WITHOUT leave to amend. I. The Complaint The FAC is a taxpayer lawsuit which seeks to enjoin Defendants from enforcing CCP § 425.16(i) and CCP § 904.1(a)(13), which provide that an order granting or denying a special m...

Excerpt: ...hbritt and two other entities, but dismissed his cross-complaint. This matter is on calendar for Plaintiffs' unopposed motion for final approval of the class action settlement and motion for an award of attorneys' fees and costs, and award of an enhancement payment to Plaintiffs. The Motions are GRANTED. I. The Complaint The SAC alleges that Defendants misclassified Plaintiffs—current and former laborers, equipment operators, or other construct...

Excerpt: ...t”) (the “FAC”). The FAC is a judicial council form complaint (PLD-PI-001) which refers to personal injuries, property damage, and conversion, attaches two blank cause of action sheets entitled General Negligence (PLD-PI-002) and Intentional Tort (PLD-PI-003), and attaches a declaration by Plaintiff Tony Sampson (“Plaintiff”). Plaintiff's declaration attached to the FAC contends that on May 1, 2018 he occupied a structure used as his do...

Excerpt: ...together the “Franchisor Defendants”) and defendants Prestige Foods Inc., Gurjit Singh aka Gary Singh, Jasvinder Kaur, Grizzlyz, Inc., and Arashjot Pawar (together the “Prestige Defendants” and altogether with the Franchisor Defendants, “Defendants”). The FAC contains causes of action for: 1) failure to pay minimum wages; 2) failure to pay overtime wages; 3) failure to provide meal and rest breaks; 4) failure to pay split shift premiu...

Excerpt: ...PP”); and (4) Defendant's motion to strike Plaintiff's PAGA claims. 1. Motion to Compel PMQ Testimony Plaintiff's motion to compel Signature to designate the Person(s) Most Knowledgeable to testify regarding the topics referenced below is DENIED. In this motion, Plaintiff moves to compel Signature to designate a Person Most Qualified (“PMQ”) witness(es) to testify regarding a number of topics relating to Signature's corporate history of hea...

Excerpt: ... Wednesday, March 24, 2021, at 3:00 p.m. in Courtroom 16 because there is no proof of service or other indication of proper notice, as explained herein. The Action Plaintiff alleges that it loaned Vintage Oaks on the Town Green, LLC (“Borrower”) a loan amounting to $29,804,871.59 (“the Loan”) by a written agreement and promissory note (“the Note”); Defendants Dan S. Palmer, Jr. (“Palmer”) and Jeanette Ann Bisno (“Bisno”) (coll...

Excerpt: ...q., also known as the “Right to Repair Act,” apply in this case, which was not “original construction intended to be sold as an individual dwelling unit.” (Civ. Code §896, emphasis added.) Additionally, Uponor has not cited sufficient authority to show that, even if the Right to Repair Act applies, Uponor, as a product manufacturer, would have a right to stay or dismiss the action, or quash service of summons for lack of personal jurisdi...

Excerpt: ...se by residing on the Property when the Lease states that the Property was leased to Defendant “for the purpose of operating an abalone farm and fishery, and for related and incidental commercial and office operations.” The Motion Defendant moves the Court for summary judgment, claiming that he has not breached the Lease because he has continually operated the abalone farm as required and Plaintiff has waived the right to bring this action by...

Excerpt: ...demurrer. (Cal. Rules of Court, rule 3.1320(c).) Here, Respondent filed a Notice of Demurrer and a “Demurrer” which appears to in fact be a memorandum of points and authorities. However, Respondent has not filed a separate document that clearly identifies the specific claims challenged and the grounds for the challenge. Accordingly, the demurrer is technically defective. Notwithstanding this technical defect, the Court has considered the meri...

Excerpt: ...se report. The Complaint includes causes of action for: 1) defamation; 2) fraud; 3) negligence; 4) intentional infliction of emotional distress; and 5) tortious interference with economic interest. This matter is on calendar for Defendant's demurrer to the Complaint on the grounds that it fails to state a cause of action because: “1. There is no subject matter jurisdiction for the claims made in the Complaint, the matter being entirely subject ...

Excerpt: ... as Deutsche Bank National Trust Company (“Deutsche Bank,” together with Ocwen “Defendants”) to the Second Amended Complaint (“SAC”) filed by plaintiffs James J. Oswald and Carole De Angelo Oswald (together “Plaintiffs”). The Demurrer is SUSTAINED WITHOUT leave to amend. I. Procedural History Plaintiffs filed the initial complaint in this action on August 15, 2019, which brought several causes of action based upon allegedly uncons...

Excerpt: ...lass Representative's Enhancement. The parties shall send the proposed class notice in accordance with the procedures and timelines set forth in the moving papers. The Action Plaintiff, alleging that he has been a non-exempt employee of Defendant since 2013, complains that it has been violating Labor Code section 226(a) by consistently providing incorrect wage statements which improperly reduce the employees' overtime pay in violation of state la...

Excerpt: ...tion to maintain the exterior walls and pipes of the structure. She adds that the problems prevent her from repairing her Unit or being able to sell it as she now desires to do. The Motion Plaintiff seeks a preliminary injunction ordering Defendant to repair the alleged leak in her Unit by November 1, 2020, in preparation for anticipated wet winter weather. Defendant opposes the motion, arguing that it “was under the impression that the leak co...

Excerpt: ...showing that one or more elements of each of these causes of action cannot be established or there is a complete defense to that cause of action. (Code Civ. Proc., § 437c(o)-(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 845.) Further, when the Court liberally construes Terry' evidence and resolves all doubts in her favor, Terry has presented sufficient evidence to show there are disputed questions of material fact on a number ...

Excerpt: ...s admonition to do so. The Motion Plaintiff now moves the Court to seal records of “an ex parte hearing requesting a restitution order for payment on behalf of the victims compensation benefit which was awarded by the California government claims board victims compensation office.” She relies on California Rules of Court, rules “2.550 et seq.” but offers no other explanation, discussion, information, or evidence of any kind in her motion,...

Excerpt: ...Mays Canyon Road, Guerneville (the “Property”). In addition to Doe defendants, the Complaint also identifies as parties UnionBanCal Mortgage Corporation and MUFG Union Bank, N.A., formerly known as Union Bank of California, N.A.; the Complaint alleges that the Property is collateral for a line of credit extended by these defendants and requests that the indebtedness to them be deducted from Defendant's proceeds of the partition sale. Compl. �...

Excerpt: ... written agreement and promissory note (“the Note”); Defendants Dan S. Palmer, Jr. (“Palmer”) and Jeanette Ann Bisno (“Bisno”) (collectively, “Defendants” or “Guarantors”) each executed a Guaranty Agreement (“the Guaranty”) guaranteeing to pay Borrower's obligations and they did so in order to induce Plaintiff to make the Loan. Plaintiff complains that after Borrower defaulted on the Loan by failing to pay the amounts owed...

Excerpt: ...ring, the matter was continued to September 23, 2020. Thereafter, the matter was continued by stipulation first to October 28, 2020, and then to January 13, 2021. The hearing was continued, in part, to address the current motions to compel depositions. On September 10, 2020, Respondent's agent personally served subpoenas to appear for deposition on petitioner Jane Doe, Rosaura Ortiz Garcia, and Luis Abarca setting the depositions for September 21...

Excerpt: ...rical system defects. This matter is on calendar for Plaintiff's motion to compel further responses from Defendant to her first set of requests for production of documents pursuant to Cal. Code Civ. Proc. (“CCP”) § 2031.310. The Motion is GRANTED in part and DENIED in part as set forth below. This matter was referred to the discovery facilitator program and assigned to discovery facilitator Sarah Baxter Kaplan. Ms. Kaplan filed a report on D...

Excerpt: ...fendants filed a cross-complaint against “Roe” Defendants for indemnity, contribution, and declaratory relief, claiming that the Roes are responsible for Plaintiff's injuries. Related Action: SCV-263228 In a related separate action filed earlier (“the First Action”), Defendant Amy Smith (“Amy”) filed a complaint against Carl Joseph Bowers (“Carl”), regarding the same accident and claiming that Carl, father of Plaintiff Seth and dr...

Excerpt: ...mental expert designation timely or, in the alternative, augment their expert witness list (the “Expert List Motion”); and 2) Defendants' motion pursuant to CCP §§ 2034.410 and 2025.450 to compel the depositions of Plaintiff's experts (the “Expert Deposition Motion”). As to the latter, Plaintiff's Opposition and Defendants' Reply both refer to a motion to compel the depositions of Plaintiff's experts having been filed and served on Nove...

Excerpt: ...rk's office was closed due to the COVID-related pandemic from March 16, 2020 through April 14, 2020. On April 15, 2020, Defendant's default and a default judgment in the amount of $8,872.23 (the “Judgment”) were entered. The court's docket reflects that Defendant attempted to file an answer on April 23, 2020 but that it was rejected due to the prior entry of the default. On October 13, 2020 Defendant filed the present motion to set aside the ...

Excerpt: ... Defendant's demurrer was not filed until September 23, 2020, i.e., over nine months after service. Furthermore, the demurrer fails on its merits because the complaint alleges sufficient facts to state all causes of action. This case arises from a loan and promissory note whereby Plaintiff agreed to lend $20,000 to Advance Auto Finance, LLC (“AAF”) in return for 10% per annum interest payment over 36 months. (Complaint at p.3 and Ex. A.) The ...