Excerpt: ...he court "shall" deem the requests admitted "unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220"). Sanctons of $590 awarded to Defendant against Plaintiff, as explained herein. Motion to Compel Discovery Responses from Plaintiff Karishma Crooke and Request for Mon...

Excerpt: ... beverages which it had purchased. Defendants never appeared so the original Plaintiff then obtained a default against them on May 5, 2017, followed by a judgment against them on May 15, 2017. The Plaintiff later brought a motion to compel responses to post-judgment discovery, which the court granted in February 2018. The court issued an order for examination ("OEX") for September 17, 2018, but the judgment debtors failed to appear for the OEX an...

Excerpt: ... the real property commonly known as 2814 Audubon Court, Santa Rosa, CA 95403. (undisputed Material Fact "LIME" 1.) Green Rock II, LLC assigned the beneficial interest under the DOT to Defendant, IRP Fund II Trust 2A ("IRP Fund") in September 2018, via an Assignment of Deed of Trust, which was recorded on May 28, 2019. (UMF, 2.) IRP Fund substituted Entra Default Services, LLC ("EDS") as the foreclosure trustee under the DOT, Via a Substitution o...

Excerpt: ...August 1, 2022, they entered into a Retail Installment Sales Contract — Simple Finance Charge with Arbitration Clause (the "Contract") and Redwood assigned the Contract to Defendant Community First Credit Union ("CFCU"). However, the Truck allegedly began suffering from electrical malfunctions within one day of purchase so on August 2, 2022, August 8, 2022, and August 22, 2022, they tendered the Truck to Redwood for repair. Redwood, however, ha...

Excerpt: ...ll be brought to trial within five years after the action is commenced against the defendant." CCP S 583.310. "An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article." CCP S 583.360 (a). "The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expr...

Excerpt: ...ard as a class, defined as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Defendant's demurrer to Plaintiff's First Amended Complaint is SUSTAINED with leave ...

Excerpt: ... action. (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 sufficiency 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 plea...

Excerpt: ...urrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is SUSTAINED without 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 cour...

Excerpt: ... Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this achon to collect the debt, allegedly $3,209.31, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on March 30, 2021 and obtained a default judgment against them on April 2, 2021 for $4,649.36. Plaintiff brought a motion to amend the judgment to correct the names of judgment debtors and the court eventually gra...

Excerpt: ...tion for summary adjudication of Plaintiff's cause of action for negligence based upon theories of vicarious liability, negligent hiring and retention, and negligent training is GRANTED. The motion as to the issues of negligent and negligence based upon duties imposed by the parties' special relationship are DENIED. Plaintiff John Dæ ("Plaintiff) alleges in his complaint that Defendant operated a facility for the care of sexually and physically ...

Excerpt: ..., or "Defendant") arising out of a contractual dispute. Defendant has subsequently filed a cross-complaint (the "Cross-complaint") against Plaintiff. This matter is on calendar for the motion by Defendant pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.420 for a protective order. The Motion is DENIED. The request for sanctons by Plaintiff are GRANTED. Governing Authorities "California law provides parties with expansive discovery rights." Lopez v...

Excerpt: ... of clarity, and no disrespect is intended. The underlying action here stems from the complaint filed by Oak Grove Construction, Inc. for alleged professional malpractice on the part of Thomas P. Kelly, Jr. ("Decedent"). Derived from that, Thomas P. Kelly, Ill ("Cross-complainant" or "Thomas") filed the presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, J...

Excerpt: ...ng date to consider Plaintiff's motion for final approval of the settlement and entry of the judgment, and Plaintiff's motion for approval of attorneys' fees, litigation expenses, and service payments. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for October 25, 2023, at 3:00 p.m., in Department 16. 1. Legal Standards A settlement or compromise of an entire class action, or of a cause of action in a class action, or a...

Excerpt: ...nd Plaintiffs Matthew McKelvey and Reinan Nulud ("Plaintiffs") was entered into in good faith within the meaning of Code of Civil Prmædure ("CCP") sections 877 and 877.6, and moves for an order dismissing with prejudice and/or barring any and all present or future complaints against the Defendant relating to this matter. Defendant's moton is GRANTED. Procedural History Defendant became involved in this construction defect matter due to its work ...

Excerpt: ..., as distribution or deposit of net proceeds to be determined at a later date. Plaintiffs, alleging that they "are 1/3 owners" of several parcels of real property (collectively, the "Complaint Properties"), two parcels at 5350 and 5366 Sebastopol Road, Santa Rosa, APN and APN (collectively, the "Shop") and 17267 and 17281 Highway 12, Sonoma, APN 056-251- 009, 056-251-010, and 056-251-011 (collectively, "Boyes Hot Springs"), seek partition by sale...

Excerpt: ...s ("Steve") (collectively, "Defendants") by which Defendants agreed to make certain payments to Plaintiff in return for Plaintiff's consulting services, complains that Defendants failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the allege...

Excerpt: ...d him "from exercising his lawful property rights." He alleges that they have threatened him and others with improper fines and penalties for exercising those rights, which included flying an American flag and maintaining political signs on his Property. He also alleges that Defendants have taken action to prevent him from organizing other owners and residents of the Estates to challenge Defendants. Defendant Fairway View Estates Homeowners Assoc...

Excerpt: ...lainant"). Cross-complainant has in turn filed a cross- complaint ("Cross-complaint") against both Plaintiff and Angela DeCarli (together with Plaintiff, "Cross- Defendants"). This matter is on calendar for Cross-complaint's moton which seeks relief from mistake related to the filing of the first amended cross-complaint ("FACC") pursuant to California Code of Civil Procedure ("CCP") S 473(b). The motion is DENIED. Procedural History On February 2...

Excerpt: ...ement of the settlement agreement is resolved, either of the parties may seek to have this matter reinstated and to have the current pending motions placed back on calendar. Analysis: Uponor has moved for a stay of the current proceedings pending the outcome of the related case in SCV- 272688, wherein Uponor has filed a complaint for enforcement of the settlement agreement purportedly reached between Uponor and the Plaintiffs. The purported settl...

Excerpt: ....1312. Underlying Facts: The underlying matter arises out of a contract between Plaintiff, Michael Papenhausen (hereafter "Papenhausen"), and Defendants, Michael Funez and Linda Pardini (hereafter "Owners") for Papenhausen, as the general contractor, to reconstruct Owners' residence following the Tubbs Fire. In preparation for this project, Papenhausen entered into a subcontract with Cross-Defendant, Henris Supply, Inc. dba Henris Roofing Co. (he...

Excerpt: ...from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022 with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant to respond was September 13, 2022, and Defendant has ser...

Excerpt: ...n", together with 275, "Defendants"), and Does 2-20 with one cause of achon for declaratory relief (the "Complaint"). Walden moves to quash service of summons under Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that the Court cannot proceed without Walden, and the Court lacks personal jurisdiction over 275 due to its status as a terminated business entity. Walden has been added as Doe 1 after this motion was filed. Governing Law T...

Excerpt: ...aring, or provides them at the hearing, however, Plaintiff must demonstrate to the court at the hearing that this has been satisfied. The court notes that if Plaintiff files the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should Plai...

Excerpt: ...s for admission ("RFAs") against Defendant under Code of Civil Procedure ("CCP") SS 2030.300, 2031.310, and 2033.290. Governing Law Under CCP S 2024.020, the discovery cut-off is based on the date initially set for trial, and as such, a trial contnuance or postponement of the trial date does not operate to reopen discovery. See Pelton-Shepherd Industries, Inc. u Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1575. Discovery is to be ...

Excerpt: ...ndant, BGCA and BGSV, "Defendants") along with Does 1-100, arising out of alleged sexual abuse and vicarious liability thereon. This matter is on calendar for BGSV's motion to strike the request for punitive damages from the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conform...