Excerpt: ...onal distress, third cause of action for fraud, fourth cause of action for wrongful distribution of dead bodies violation, fifth cause of action for breach of contract, sixth cause of action for interference with civil rights, seventh cause of action for intentional infliction of emotional distress, and eighth cause of action for negligence liability for being uncertain and failing to state facts sufficient to constitute a cause of action. This m...

Excerpt: ... serve a second amended complaint. In this lemon law action, Plaintiff Raymond Fields (“Plaintiff”) purchased a “new 2011 Chevrolet Silverado 2500” from Victory Chevrolet in Petaluma, CA on August 24, 2012. (First Amended Complaint at ¶9.) “Express warranties accompanied the sale of the vehicle to Plaintiff by which [Defendant] undertook to preserve or maintain the utility or performance of Plaintiffs vehicle or to provide compensation...

Excerpt: ...ncealment) (the “Complaint”). This matter is on calendar for Defendant's demurrer to the third cause of action for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)) and for uncertainty (CCP § 430.10(f)). This matter is also on calendar for Defendant's motion to strike pursuant to CCP §§ 435, 436 paragraph 70 of the Complaint which alleges that Defendant's conduct “is oppress...

Excerpt: ...s broad discretion to permit or deny an amendment of the pleadings “[i]t is well established that California courts have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163; see also, Lincoln Property Co., N.C....

Excerpt: ...Court need not address Defendant's remaining, largely factual, arguments. This case arises from a contract “for the installation of a Dammann Risohorse Ebb and Flow System (“Risohorse System” or “System”) as part of a new [horse] arena (“Arena”) Plaintiff was building on her private property (“Subject Property”).” (FAC at ¶7.) “The System is a product designed to maintain consistency in the footing of a horse [A]rena by add...

Excerpt: ...nts); 2) retaliation in violation of LC § 6310 (against all Defendants); 3) wrongful termination in violation of public policy (against HBC); 4) age discrimination under the Fair Employment and Housing Act (“FEHA”) (against HBC); 5) sex discrimination under FEHA (against HBC); and 6) promissory estoppel (against HBC and Miller). This matter is on calendar for Defendants' demurrer for failure to state facts sufficient to constitute a cause of...

Excerpt: ...against all Defendants); 2) retaliation in violation of LC § 6310 (against all Defendants); 3) wrongful termination in violation of public policy (against HBC); and 4) age discrimination under the Fair Employment and Housing Act (“FEHA”) (against HBC). This matter is on calendar for Defendants' demurrer for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)) as follows: by the Ind...

Excerpt: ...dants); 2) retaliation in violation of LC § 6310 (against all Defendants); 3) wrongful termination in violation of public policy (against HBC); 4) age discrimination under the Fair Employment and Housing Act (“FEHA”) (against HBC); and 5) promissory estoppel (against HBC and Miller). This matter is on calendar for Defendants' demurrer for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 4...

Excerpt: ...ng water flow onto Plaintiff's land and causing erosion. He contends that he has repeatedly, in vain, asked Defendant to stop the offending conduct and that the Sonoma County Permit and Resources Management Department (“the County”) has issued citations to Defendant regarding this conduct, requiring her to take remedial and corrective action to repair the changes and damages she has caused. Plaintiff specifies that Defendant's activities incl...

Excerpt: ...end, or revoke the prior order. Code of Civil Procedure §1008(a). Timeliness is not an issue. The motion for reconsideration must be brought within 10 days of the service of notice of the entry of order. Code of Civil Procedure § 1008. Plaintiff filed her motion 4 days before the Court issued the final order and an amended notice of motion 10 days after the Court issued the final order. A party seeking reconsideration must first demonstrate new...

Excerpt: ...endent and superseding conduct of Plaintiff and or third parties, and not the conduct of Defendant; the Seventh affirmative defense asserts that the conditions complained of were not dangerous conditions, and did not create a dangerous condition when used with due care in a reasonably foreseeable manner; and the Eleventh affirmative defense states that at the time of the accident, Plaintiff was in the course and scope of employment with Defendant...

Excerpt: ...tion as follows: 1) on the first cause of action; 2) on the third cause of action; and 3) on the claim for punitive damages. The Motion is GRANTED. I. The Complaint The Complaint alleges that on or about March 21, 2014, Plaintiffs purchased the property located at 3795 Coffey Lane, Santa Rosa, CA 95403 (the “Property”), which includes a home (the “Main Home”) and a barn-style dwelling unit (“Barn Unit”) and on the same day obtained an...

Excerpt: ...Premises from the Defendants Mahrt and he complains that they fraudulently promised to Plaintiff that they would rebuild the house and extend the lease with Plaintiff but, although they rebuilt the house, they refused to allow him to occupy it and lease it to him. Plaintiff alleged two causes of action against Defendants Mahrt Family Trust (“the Trust”), Steven P. Mahrt (“Steven”), and Judith Mahrt (“Judith”): eleventh for fraud and t...

Excerpt: ...e actions despite knowing that the alternations were likely to interfere with the natural flow of water across the parties' properties. Plaintiffs allege that Defendants took these actions “intentionally, maliciously, and with knowledge of the adverse consequences.” Plaintiffs' complaint asserts causes of action for private nuisance, trespass, and negligence, and seeks punitive damages. Defendants move to strike the prayer for punitive damage...

Excerpt: ...; and an additional $16,840.52 as against Michael Trillo only. The SRACGSL argues that Michael Trillo's Anti-SLAPP motion and Sonoma County Superior Court action SCV-264785 were frivolous. The motion is GRANTED, in part, and DENIED, in part, as discussed below. The imposition of sanctions for a frivolous anti-SLAPP motion is mandatory; a court must use the procedures and apply the substantive standards of general sanctions statutes in deciding wh...

Excerpt: ...OVERRULED as to Petitioner's fourth cause of action for promissory estoppel. The demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND, as to the fifth cause of action for intentional interference with a contract. 1. Petitioner's First and Third Causes of Action Fail Because the Underlying “Family Agreement” is Unenforceable Under Former Probate Code Section 150. Petitioner's first cause of action is brought under Probate Code section 850 and is base...

Excerpt: ...f, and seeks injunctive relief, indemnification, civil penalties, costs, and attorneys' fees. Defendants filed the presently operative verified second amended answer (the “Answer”) pursuant to Cal. Code Civ. Proc. (“CCP”) § 446(a), which responds to each allegation with an admission, denial, or statement that Defendants “lack sufficient information and belief sufficient to answer the allegations, and basing denial on this ground” (CC...

Excerpt: ...ns, plaintiffs do not have standing to enforce County ordinances against the County, and the writ of mandate is not proper. The County also demurs to the first and second causes of action for failure to state sufficient facts to constitute a cause of action. The County's request for judicial notice of sections of the Sonoma County Code and the letter dated March 18, 2019 attached as Exhibit 1 to the Schmid Complaint is GRANTED. The demurrer is OV...

Excerpt: ...endent and superseding conduct of Plaintiff and or third parties, and not the conduct of Defendant; the Seventh affirmative defense asserts that the conditions complained of were not dangerous conditions, and did not create a dangerous condition when used with due care in a reasonably foreseeable manner; and the Eleventh affirmative defense states that at the time of the accident, Plaintiff was in the course and scope of employment with Defendant...

Excerpt: ...fee total of $4,032.00 in advance of his stay. (Ibid.) The purpose of booking the Cline Villa “was to procure lodging for himself and his guests in preparation of getting married to the love of his life, Sandy Reynolds.” (Id. at ¶11.) Plaintiff arrived at the Cline Villa on November 21, 2019, a few days prior to getting married to Ms. Reynolds. (Id. at ¶12.) On November 22, 2019, plaintiff fell down a set of stairs at the Cline Villa and ob...

Excerpt: ...nt counsel's pursuit with diligence in seeking this relief merits a reopening of discovery.” The Motion is DENIED without prejudice. Defendant may bring a narrowly tailored motion specifying the particular discovery sought to be conducted, following a substantive meet and confer between counsel, as further set forth below. The basis for the Motion is CCP § 2024.050, which provides that the Court may grant leave to complete discovery or reopen ...

Excerpt: ...aration of fault, the relief is “mandatory” and the trial court has no discretion to deny a motion.]; see also, Abers v Rohrs (2013) 217 Cal.App.4th 1199, 1210; SJP Ltd. Partnership v City of Los Angeles (2006) 136 Cal.App.4th 511, 516–517.) Here, the Declaration from Erin B. Carlstrom is sufficient to establish that the defaults in this case were entered as a result of attorney error in calendaring the date for a response and therefore, re...

Excerpt: ...and its rights to Plaintiff. Plaintiff asserts two causes of action for the same debt, open book account and account stated. Plaintiff identifies Defendant as “Jose Carillo aka Jose Carrillo aka Jose Martin Carrillo aka Martin Carillo as an individual and dba Carillo Painting aka Carrillo's Painting.” Defendant answered on behalf of all of the named identities as Martin Carrillo. The Motion for Summary Adjudication Plaintiff moves for summary...

Excerpt: ...case is set for a Case Management Conference on Thursday January 14, 2021 at 3:00 P.M. in Department 18. No appearances will be required at the Case Management Conference if the case has been transferred by that time. 1. Venue is Proper in Orange County. The Probate Code states that the proper county for commencement of a proceeding “[i]n the case of a living trust, is the county where the principal place of administration of the trust is locat...

Excerpt: ...he facility of Defendant Jersey City Medical Center/RWJ Barnabas Health in Jersey City, New Jersey, on June 21, 2018. Motion Defendants RWJ Barnabas Health (“RWJ”), Jersey City Medical Center (“JCMC”), Dhruv Vasant, M.D. (“Vasant”), Catherine Lushbough, M.D. (“Lushbough”), and Siva Teja Jetty, M.D. (“Jetty”) move the court to quash service of the summons an complaint and dismiss the action on the ground that there is no person...

Excerpt: ... Plaintiff Houses 4 Homes, LLC (“H4H”), or negligently failed to provide loans to achieve what Plaintiffs requested, ultimately causing Plaintiffs to run out of money, default on the Loans, and face foreclosure of the Properties. Plaintiffs allege that Plaintiff Charlotte Souch (“Souch”) is the sole managing member of H4H, which owns the Properties, consisting of two parcels of real property at 10161 Green Meadow Road, Sebastopol (“Gree...

Excerpt: ..., LC § 2698 et seq. (the “Complaint”). This matter is on calendar for Plaintiff's unopposed motion for conditional certification of the class and preliminary approval of the class action settlement (the “Motion”). The Motion is GRANTED. I. The Complaint The Complaint alleges that LC § 226(a) requires employers to provide accurate itemized wage statements to its employees that identify all applicable hourly rates in effect during the pay...

Excerpt: ...g to file and serve a first amended cross-complaint. 1. Tenant Alleges Sufficient Facts to State a Cause of Action for Implied/Equitable Indemnity. In this case, Plaintiffs purchased the commercial property from sellers in February 2019 and Broker acted as the dual agent for the sale. (First Amended Complaint at ¶¶5, 8-9.) As of the date of the sale, Tenant was a commercial tenant who operated a body shop on the property. (Id. at ¶¶ 10, 13.) ...

Excerpt: ... as well, to eliminate any threat of prejudice. Plaintiff moves the Court for leave to amend the complaint and file a first amended complaint (FAC”). She claims that she wants to “add factual allegations related to Defendant's prior knowledge and ratification of [Cortright's] misconduct and add a cause of action for sexual harassment in defined relationship in violation of [Civil Code] §51.9 and Premises Liability….” The factual allegati...

Excerpt: ... facts sufficient to state a cause of action and/or the pleading is uncertain. With respect to plaintiffs' causes of action for fraud and nuisance, Defendants further argue these causes of action are barred by the applicable statutes of limitation. The demurrers are SUSTAINED, in part, and OVERRULED, in part, as discussed below. This matter is a landlord-tenant dispute over property located at 483 Bettencourt Street, Sonoma, CA (“the Subject Pr...

Excerpt: ...' Fees pursuant to CCP § 425.16(c), which seeks $314,115 in attorneys' fees (plus $14,160 in connection with the reply) and $5,061.91 in costs, which is the total amount of fees and costs incurred in this case. The Motion is GRANTED; however, because the court finds that Defendant seeks fees and costs which are not recoverable under CCP § 425.16(c), and because certain fees are not reasonable, Defendant is awarded reasonable attorneys' fees in ...

Excerpt: ...l date and transfer the action from unlawful detainer to the regular civil calendar because Defendant had vacated the Property so that possession was no longer an issue. No new trial date has been set since. Plaintiff now moves the Court for leave to amend the complaint in order to reflect the fact that possession is no longer at issue and the case is now a regular civil action for money owed and damages. It attaches a proposed first amended comp...

Excerpt: ...re granted in the amount of $18,298.91. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of th...

Excerpt: ...employer, USI, and its ultimate parent company, USI Advantage, notwithstanding having signed various agreements containing post-employment restrictive covenants they allege are not enforceable under California law. USI filed the presently operative First Amended Cross-Complaint against the Individual Plaintiffs and Kenneth A. Keeney with causes of action for: 1) breach of the duty of loyalty; 2) breach of fiduciary duty; 3) intentional interferen...

Excerpt: ...pute about the order after hearing. On May 14, 2020 the 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...

Excerpt: ...emic, the matter was continued to May 13, 2020, at 3:00 p.m. in Department 17. Since no request for oral argument was made, the tentative ruling granting the motion to lift the stay of proceedings was confirmed as the order of the court. However, Defendant successfully moved to vacate the order on the grounds that he did not receive notice rescheduling the hearing to May 13, 2020. The court's August 12, 2020 ruling on Defendant's motion to vacate...

Excerpt: ...e provisions as well as the Court's inherent power to set aside a judgment based on mistake under section Code of Civil Procedure 128(a)(8) and Code of Civil Procedure section 86(b)(3). However, the memorandum contains only two terse paragraphs citing the law and it provides no analysis or explanation of any sort and provides no evidence at all. In opposition, Plaintiff argues that Defendant has provided nothing to carry her burden of demonstrati...

Excerpt: ... infliction of emotional distress on January 27, 2020. Defendant has not filed a cross- complaint. On August 17, 2020, defendant Maria Dwyer Biggs filed a Notice of Settlement of Entire Case (“Notice”). The Notice indicates that the parties entered into a settlement agreement and that a request for dismissal would be filed no later than November 15, 2020. Plaintiff argues that the Notice was wrongfully filed by defendant Biggs. Judgment has n...

Excerpt: ...use of action against GGB. The demurrers are OVERRULED. In her SAC, Plaintiff alleges she worked for Taco Bell, wholly owned and operated by GGB, for more than 20 years before Defendants unlawful terminated her employment on July 11, 2018. During that time, she endured verbally abusive treatment from Robert Millhouse, her former supervisor and GGB's former Director of Operations. In February 2016, she was assaulted at work by a coworker whom she ...

Excerpt: ... with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.”]; see also, Stewart v. Seward (2007) 148 Cal.App.4th 1513, 1516, 1522–1523 [decedent orally promised to execute a w...

Excerpt: ...erty from Johanna Szostak. Shortly after purchasing the property, Plaintiff discovered extensive problems with the Property, including a roof that was in need of repair. (First Amended Complaintat ¶11.) Plaintiff alleges that since purchasing the property, “the roof collapsed, forcing Plaintiff and his then—fiancée (now wife) to have to move out of the Property Plaintiff has had to spend tens of thousands of dollars addressing the condition...

Excerpt: ... or, in the alternative, summary adjudication of each cause of action therein on the grounds that there is no defense to any of Defendants' causes of action. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to each of Plaintiffs' causes of action with the exception of the cause of action for retaliatory eviction, as to which the motion is DENIED. Defendants' motion for summary judgment/a...

Excerpt: ...the motion by Plaintiff Jadee Koliopoulos for leave to file a cross-complaint against her co-plaintiff Plaintiff de la Espriella for motor vehicle negligence and general negligence on the grounds that Plaintiff Koliopoulos was the passenger in the car and Defendant has taken the position that Plaintiff de la Espriella was at fault for the accident. The unopposed Motion is DENIED without prejudice, as there is no proof of service in the court file...

Excerpt: ...5.420. The Motion seeks an order that: 1) Defendant Fritschi's deposition be no longer than ninety minutes per day, due to his cognition and condition; and 2) that Plaintiff not receive any information, including documents, regarding Defendant Fritschi's financial status, including how much money he has ever had, what companies and/or assets he has ever owned, how he has spent his money, and his tax history, on the grounds that such information i...

Excerpt: ...age for Plaintiffs' property destroyed in the October 9, 2017 Tubbs Fire, as well as bad faith in connection with the adjustment of Plaintiffs' claim. Among other things, the Complaint alleges that Defendant Rosetti failed to obtain separate dwelling insurance for a separate barn-style dwelling unit (the “Barn Unit”) on the property along with the main residence, resulting in limited and insufficient “other structures” coverage when the B...

Excerpt: ...nts' Request for Judicial Notice is GRANTED. Plaintiff's request for judicial notice is granted as to the existence of Exhibit 1. Defendants' demurrer to Citi's first cause of action for breach of contract is OVERRULED. The demurrer to Citi's second cause of action for judicial foreclosure and deficiency judgment, and third cause of action for declaratory relief is SUSTAINED without leave to amend. Citi filed its initial complaint in this action ...

Excerpt: ...under appeal. Defendant's alternative request for an undertaking in the amount of $652,380.78 is DENIED. Finally, Plaintiffs' request to stay enforcement of the entire judgment is DENIED. When the Court considers the likelihood that Plaintiff will prevail in Ramos II; the amount of recovery that Plaintiffs are likely to obtain in Ramos II; and Defendant's ability to satisfy a potential judgment in Ramos II, Plaintiffs have simply presented insuff...

Excerpt: ...eby STAYED pending a resolution of the arbitration. “California has a strong public policy in favor of arbitration and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.” (Howard v. Goldbloom (2018) 30 Cal.App.5th 659, 663, citing Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 890.) “[W]hen considering a motion to compel arbitration, the court must initially determine whether the parties agreed ...

Excerpt: .... In light of the difficulty counsel has had in communicating with Lonich, the Court will allow Lonich additional time to respond to Ananda's requests. Lonich shall provide further responses no later than January 15, 2021. Sanctions are reserved. In response to Ananda's special interrogatories and request for production of documents, Lonich responded, as follows, to each of the 104 interrogatories and 69 requests for production: Responding Party ...

Excerpt: ...egligence; 6) breach of bailment agreement; and 7) conversion (the “FAC”). This matter is on calendar for the continued hearing on CannaCraft's discovery motions, directed at Plaintiff, to compel: 1) responses to requests for admission and for sanctions; and 2) responses to requests for production of documents and for the production of documents, responses to special interrogatories, responses to form interrogatories, and for sanctions. The h...

Excerpt: ...'s requests for admissions are DEEMED ADMITTED. Mr. Sechrist's request for $3,538.00 in monetary sanctions is GRANTED. Plaintiff is ORDERED to pay the sanctions within twenty (20) days of service of the Court's final ruling. Code of Civil Procedure section 2030.290 provides that if a party to whom interrogatories were directed fails to serve timely responses, the responding party waives all objections, including those based on privilege and work ...

Excerpt: ... Fritti Action”). Plaintiffs oppose the motion, arguing that consolidation with the later Fritti Action is likely to delay the set trial date in this action, causing prejudice. The Fritti Plaintiffs have also filed opposition, reiterating the objections to consolidation. Under Code of Civil Procedure section 1048(a), a party may seek to consolidate separate actions “involving a common question of law or fact ... pending before the court ....�...

Excerpt: ...sion; 5) ejectment; and 6) claim and delivery (the “Complaint”). This matter is on calendar for Defendant's motion to strike the punitive damages allegations, which are sought in connection with the causes of action for slander of title and conversion, pursuant to Cal. Code Civ. Proc. (“CCP”) § 435. The Motion is GRANTED with leave to amend. I. The Complaint The Complaint alleges that the National Grange is the highest level of a nationw...

Excerpt: ...iser. He contends that in March 2019 a fire damaged his real property (“the Loss”) at 121 Mary Paige Lane, Santa Rosa (“the Property”), he had an applicable insurance policy through Respondent which covered the Property (“the Policy”), he made a claim, and Respondent agreed that the Policy covered the Loss. However, he disputed the actual cash valuation of the claim so he hired a public adjuster, who also disputed the valuation. He de...

Excerpt: .... Code Civ. Proc. (“CCP”) § 425.16, and Moving Defendant's Demurrer. The anti-SLAPP Motion is GRANTED, which renders the Demurrer MOOT. I. The Complaint The FAC alleges that Defendants knowingly and intentionally prepared, filed, and recorded a knowingly false abstract of judgment against Plaintiff (the “Abstract”) and that they refused to be accountable or investigate it. Defendants were the attorneys of record for the plaintiff/judgmen...

Excerpt: ...he complaint on the same grounds as the demurrer is MOOT. The Court refers Plaintiff to Code of Civil Procedure section 372(a) which provides in part that “[w]hen a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding...

Excerpt: ...Civil Procedure section 430.30; Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The grounds for a demurrer are set forth in Code of Civil Procedure section 430.10. The grounds, as alphabetically identified in the statute, are: (a) the court lacks subject-matter jurisdiction; (b) the person filing the complaint lacks legal capacity to sue; (c) another action pending between the same parties on the same cause of action; (d) defect or misjoinder of parti...

Excerpt: ... and it joins improper parties. The Motion to Strike seeks an order striking the FAC's prayer for punitive damages and striking various portions of the FAC. The general demurrer is SUSTAINED with leave to amend. The special demurrer is OVERRULED. The motion to strike is MOOT. CCP section 430.41 requires the demurring party to meet and confer “in person or by telephone” prior to filing a demurrer. (CCP section 430.41(a).) The demurring party m...

Excerpt: ...The parties do not dispute that Plaintiffs are entitled to attorneys' fees under Civil Code section 1794(d), however, Defendant contests Plaintiffs' attorneys' hourly rates and the time they expended in this action. While the Court finds that some of the various hourly rates charged by Plaintiffs' fifteen attorneys from two different law firms are generally “reasonable,” some are far in excess of those of the local community. Regardless, the ...

Excerpt: ...onstructive Trust; 6) Unjust Enrichment; 7) an Accounting; and, 8) Declaratory Relief. It would also add additional facts to the cause of action for breach of fiduciary duty against cross-defendants sales brokers Carter Asefi (“Asefi”) and Franbiz Network for failure to disclose material facts to buyers; and it would add additional facts to the cause of action for breach of fiduciary duty against cross-complainants Elizabeth McGovern (“McGo...

Excerpt: ... papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c subd. (c).) A court also may grant summary adjudication of a cause of action, a claim for damages or an issue of duty. (Code Civ. Proc., § 437c subd. (t)(l).) “From commencement to conclusion,” the moving party bears the burden of persuasion and production to make a...

Excerpt: ...Defendants covering the Hotel, Plaintiffs complain that after the Hotel was damaged and largely destroyed (“the Loss”) in the Tubbs Fire of October 2017 (“the Fire”), Defendants in bad faith failed to comply with their obligations under the insurance policies. They contend that Defendants have consistently lowballed the claim estimates by millions of dollars, far below the policy limits. Plaintiffs note that five of the buildings of the H...

Excerpt: ...er of ways and Defendants failed to correct the problems properly in accord with the applicable warranty. Plaintiff served Lithia with Form Interrogatories, Set No.1 and Special Interrogatories, Set No.1, on April 29, 2020; responses were due May 31, 2020. Plaintiff's evidence is not clear but Plaintiff apparently received responses, without verifications or promised documents, on May 29, 2020, Lithia promising to provide both “shortly”; on J...

Excerpt: ...pervision, and unfair business practices (the “Complaint”). This matter is on calendar for Defendants' motion to strike two paragraphs of the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 435, 436 on the grounds that they are “irrelevant” and “privileged.” The Motion is GRANTED with leave to amend. I. The Portions of the Complaint CCP § 436(a) provides in relevant part that the court may “[s]trike out any irrelevant, ...

Excerpt: ...tion is DENIED and Defendants' Motion is GRANTED. I. The Complaint Plaintiff's Complaint alleges that for the past 35 years she has owned and lived in the real property commonly known as 2204 Seminole Court in Santa Rosa, APN 147-012-023 (“Plaintiff's Property”), and that Defendants have owned the real property commonly known as 2208 Seminole Court in Santa Rosa, APN 147- 012-022 (“Defendants' Property”) since December 2018. The two parce...

Excerpt: ...fact knew of the potential claim against it because it was the licensee of the facility. It claims that there will be no prejudice to Plaintiff because the statute of limitations has not run and Plaintiff may therefore file a separate action against it instead of forcing it to litigate in this case without time to prepare for trial. Plaintiff opposes the motion, arguing that there is no authority allowing a party to quash service of summons and c...

Excerpt: ...nt which is not a shining example of pleading, Plaintiffs CQ Innovations, LLC (“CQ”) and James Clay (“Clay”), one of its managing members and owners, complain that Defendant Jesse Quiles (“Quiles”), the other managing member and owner of CQ, has breached his loyalty and business obligations to Plaintiffs as set forth in CQ's Operating Agreement (“the Agreement”). Clay and Quiles are allegedly founders and, currently, the only owne...

Excerpt: ...dgment discovery to Defendants by first-class mail on March 10, 2020; responses were due by April 17, 2020; Defendants have failed to provide responses although Plaintiff made an effort to resolve the matter informally on June 24, 2020 and again on July 6, 2020. Plaintiff moves the Court to compel Defendants to respond to the discovery. He also seeks monetary sanctions of $300 plus a $90 filing fee. Judgment creditors may propound written post ju...

Excerpt: ...y), which Defendants had manufactured, distributed, and sold, exploded when he was carrying it in his pocket, causing severe burns. He claims that he had bought the electronic cigarette, Battery, charger, and related parts (“the Items”) from Defendant Ecig 101 Digital Cigarettes, dba E-Cig 101 (“E-Cig 101”) but does not indicate when. He claims that the explosion and injury occurred on September 11, 2016 at Home Depot in Oklahoma City, Ok...

Excerpt: ...rd Cause of Action for Violation of the Song-Beverly Act Section 1793.2, Fourth Cause of Action for Fraudulent Inducement — Concealment, Fifth Cause of Action for Fraudulent Inducement — Intentional Misrepresentation, Sixth Cause of Action for Fraudulent Inducement — Negligent Misrepresentation, and Seventh Cause of Action for Negligent Repair against Defendants remain barred by the applicable statutes of limitations and fail to plead entit...

Excerpt: ...r an insurance policy in December 2016, Defendants promised to provide a policy with enough coverage and Defendants' agent promised that the policy provided would be sufficient to cover the Property “so that it all gets rebuilt”; Plaintiffs relied on Defendants and their agent to determine the proper amount of insurance coverage needed; Defendants knew of Plaintiffs' needs and reliance; Defendants were aware of the large number of homes which...

Excerpt: ...s to Plaintiff's causes of action, the motion is denied without leave to amend. The Code provides that a plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings mu...

Excerpt: ...nied. A defendant seeking summary adjudication need only “negate plaintiff's theories of liability as alleged in the complaint; that is, a moving party need not refute liability on some theoretical possibility not included in the pleadings” (emphasis in original); Johnson v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636. Plaintiffs allege that they rent real property located on Timber Cove Road from the Defendants; and that they initiated...

Excerpt: ...elated declaratory relief. This matter is on calendar for: 1) the motion by Plaintiffs for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that the undisputed facts establish that under California law, “all Grange property must remain with the Grange”; and 2) the motion by Defendant for summary judgment or, in the alternative, summary ad...

Excerpt: ...) harassment; 4) interfering with the exercise of civil rights (Cal. Civ. Code § 52.1); 5) intentional infliction of emotional distress; 6) negligence/premises liability; and 7) breach of fiduciary duty. The Complaint alleges that Plaintiff suffered injuries and damages as a result of a physical and verbal altercation on June 22, 2017 with an employee named Anjelica Solorio, AKA, Martha Soloriolara at the Metro PCS store in the City of Healdsbur...

Excerpt: ...ns under CCP section 473(b), which must be filed within 6 months of the entry of the order or default or judgment, whichever is at issue. Section 473.5 provides relief where service may have been proper but did not result in actual notice in time to defend the action. See Randall v. Randall (1928) 203 Cal.462, 464-465. The defendant or respondent is thus entitled to relief as long as the party did not receive actual notice, and imputed or constru...

Excerpt: ...d contribution. This matter is on calendar for the motion by Defendant/Cross-Defendant Dan Herrera, Jr. (“Herrera Jr.”) to stay this action, or in the alternative, to stay discovery on the ground that a felony criminal complaint was filed by the Sonoma County District Attorney's Office against him on March 13, 2019 alleging violation of B&PC § 7028.16. Herrera Jr. asserts that the criminal complaint arises out of the same operative events, t...

Excerpt: ...owever, on June 27, 2019, Day filed forms for substitution of attorney, substituting out and leaving each Defendant self-represented. Plaintiff now moves the court to strike the answer of Union on the basis that it is a business entity which may not appear without counsel. Although it has capacity to sue and defend, a corporation is not a natural person and therefore cannot appear in an action in propria persona. Merco Const. Engineers, Inc. v. M...

Excerpt: ...rt that Defendant “negligently failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for Plaintiff with respect to his custodial and medical needs, as set forth in this complaint, as a proximate result of which Plaintiff sustained injury to his body, and in his health, strength, and activities, and sustained injury to his mental health and shock and injury to his nervous system, all of which ...

Excerpt: ...rt, which was not the trial court, has the ability to hear and determine the motion.” (See, Court's July 15, 2020 Minute Order.) The Court stated that it's “[v]iew is that the parties have the right under CCP section 635 to request the Presiding Judge, or his designee, enter judgment in conformity with the trial judge's Statement of Decision, and nothing more. However, as this issue was not addressed by the parties, the matter is continued to...

Excerpt: ...�Application” for an “RTO”) pursuant to Cal. Code Civ. Proc. (“CCP”) § 483.010 et seq., which was filed on January 17, 2020. This matter has been continued multiple times due to Plaintiff's failure to comply with the procedural requirements of the statutes. However, the Court finds that the moving papers have now been properly served and the Application is GRANTED. I. Procedural Issues The Application has been plagued by various proced...

Excerpt: ...ludes 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 abuse (against Empire); and 6) conspiracy (against Nationwide, Amco, Vega, and Empire). This matter is on calendar for the demurrer by Na...

Excerpt: ...f authority to grant fees related to the ex parte application that was filed in this court. The unopposed motion is GRANTED. This case concerned the failure of the owner and general contractor to pay retention monies owed to subcontractor MBO for work that was performed for a residential construction project, including infrastructure, located in Healdsburg, California (the "Project"). The Project is owned by defendants Jeffrey Aresty and Patricia...

Excerpt: ... final ruling. 1. Abbott Fails to Allege Sufficient Facts to State her Fourth and Fifth Causes of Action for Fraud and Negligent Misrepresentation. The elements of a cause of action for fraud are (1) a misrepresentation, meaning false representation, concealment, or nondisclosure; (2) knowledge of falsity; (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4t...

Excerpt: ...ted Parties by registered mail. Plaintiff filed proof of service on August 21, 2014 for the petition, notice, and claim form showing service that day on one named Interested Party, Hongxia Li (“Li”) by mail. Plaintiff filed a new proof of service on April 14, 2015, showing service on both named Interested Parties, that day, by mail. The same day, Plaintiff filed a declaration explaining that the Property had been seized from the Interested Pa...

Excerpt: ... by the settlement administrator after the moving papers were filed, andcontingent uponPlaintiff filing a corrected Cohen Declaration attaching the referenced Exhibit 4, the Motions would be granted but that the requested service award to Plaintiff would be reduced to $6,000 and Plaintiff's attorneys' fee award would be reduced to $62,500, with a corresponding increase of $ 22,333.33 to the Net Settlement Fund available to the participating membe...

Excerpt: ...g pursuant to CCP § 1030 on the grounds that Plaintiff resides outside of the State of California and Defendant has a reasonable probability of prevailing in the case (the “Undertaking Motion”). The Anti-SLAPP Motion, the Demurrer, and the Undertaking Motion were all heard on May 20, 2020 and on May 27, 2020 the Court issued an order: 1) granting the Anti-SLAPP Motion and dismissing the Complaint; 2) dropping the Demurrer on the basis that i...

Excerpt: ... that Defendant Virginia Pasini (“Pasini”) owns the Property, Pasini entered into a master lease with Defendant Ridgeway Distribution (“Ridgeway”) for the Property, Ridgeway subleased the Property to Piner on November 1, 2017 (“Master Sublease”). The disputes and uncertainty have led to problems, including Ridgeway serving a notice of termination on Piner and Plaintiffs for defaults, leading Plaintiffs instead to pay rent directly to ...

Excerpt: ... payments Plaintiff made on behalf of its insured. Defendant Faletto filed a cross-complaint against Defendant Hernan. At the August 8, 2019 Case Management Conference, at which the parties were required to appear, the court addressed Plaintiff's failure to file a CMC Statement and sanctions were ordered against Plaintiff's counsel, Lee Mendelson, in the amount of $250.00, payable within 10 days. The minutes reflect that the matter was continued ...

Excerpt: ... are named as officers, directors or shareholders and agents of the business entity Defendant. Procedural History Plaintiff filed separate proofs of service for the summons and complaint for each Defendant. Plaintiff filed one such proof of service showing personal service on Defendant Park at 105 Toyon Lane, Union City, California, on September 13, 2014, and stating that the “Notice to Person Served” identified Park as an individual defendan...

Excerpt: ...Although the complaint refers only to one station and underground storage tank at 525 East Washington Street, Petaluma, the stipulated judgment covers all stations which Defendants own and operate (“the Stations”), which apparently included, as set forth in Plaintiff's motions to enforce judgment, 101 North McDowell Boulevard, Petaluma; 483 East Washington Street, Petaluma; and 532 East Washington Street, Petaluma (“the Petaluma Stations”...

Excerpt: ...'s responses to Moving Defendants' first set of form interrogatories and special interrogatories, for monetary sanctions in the amount of $1,064, and for evidentiary and issue sanctions. The request to compel responses is DENIED as MOOT; the request for issue and evidentiary sanctions is DENIED; and the request for monetary sanctions is GRANTED. Plaintiff and/or her counsel shall pay Moving Defendants $620 within ten (10) days of notice of entry ...

Excerpt: ...attas Tona fell while lawfully upon Defendant's premises. It alleges that Defendant owed Plaintiffs a duty of care to maintain their premises up to code and free of hazardous conditions. The complaint specifically mentions Defendant's failure to have “adequate lighting and failing to comply with state codes, ordinances and laws regarding their premises including but not limited to proper illumination in the area and on the landings, steps/stair...

Excerpt: ...n behalf of Defendants Ryan Agrella and Chris Agrella (collectively, “the Sons”), are OVERRULED. To the extent that the Court has sustained the demurrer, Plaintiff has leave to amend within 20 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. Defendants Ryan Agrella and Chris Agrella are required to answer within 10 days of service of the n...

Excerpt: ...st 2007 until October 2014, when CVHA terminated Defendant's contract. (UMF Nos. 7, 15, 23 and AUMF No. 1.) Plaintiff purchased a residential property that was part of CVHA in December 2015, i.e., approximately 14 months after Defendant was terminated. (UMF Nos. 1-4, 8-10, 16-19.) Subsequent to the purchase, Plaintiff alleges that he discovered “extensive problems with the Property that were known to defendant Seller, but not disclosed to Plain...

Excerpt: ...age for Plaintiffs' property destroyed in the October 9, 2017 Tubbs Fire, as well as bad faith in connection with the adjustment of Plaintiffs' claim. Among other things, the Complaint alleges that Defendant Rosetti failed to obtain separate dwelling insurance for a separate barn-style dwelling unit (the “Barn Unit”) on the property along with the main residence, resulting in limited and insufficient “other structures” coverage when the B...

Excerpt: ... to bifurcate the trial so Plaintiff must “first establish the subject release was obtained through fraud, in the first phase of trial, with the second phase being liability and damages, if necessary.” Moving Defendants further request an order requiring “two separate juries to hear each phase and an order setting the phases two to three months apart.” Notice of Motion at 1:21-26. Defendants Herc Rentals, Inc. and Herc Holdings, Inc. file...

Excerpt: ...d renewed judgment accordingly. Such motion shall be filed on or before October 16, 2020. If no such motion is timely filed, the parties are hereby given notice that the Court will, sua sponte, correct the renewed judgment to $2,183.34 to reflect the amount of the Judgment minus the $6,583.02 credit reflected in the Acknowledgment described below. Plaintiff obtained a default judgment against defendant Karma N. Matheson (“Defendant”) in the a...

Excerpt: ... limitations under Government Code section 12960, Plaintiff has presented sufficient evidence to show disputed issues of fact with respect to her claim of equitable tolling of all causes of action. Based on this evidence, a reasonable trier of fact could find that Plaintiff has met the elements for equitable tolling and thus, her action would be timely. Therefore, the motion for summary judgment or summary adjudication is denied. “The statute o...

Excerpt: ...y via a regular sale. Following demurrer, the FAC contains causes of action for: 1) wrongful foreclosure (monetary damages); and 2) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”). This matter is on calendar for the motion by Defendant for summary judgment or, in the alternative summary adjudication of both remaining causes of action on the grounds that they have no merit. The Motion is DENIED. I. The Complaint A...