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2557 Results

Location: Sonoma x
2024.04.05 Motion for Entry of Default 873
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.05
Excerpt: ...least March 24, 2010. As of the date of the motion, $54,733.82 has been incurred in costs, fees, and penalties. Th e m o t io n is D EN IED . The court hereby sets this matter for a default pro ve -up hearing for Tuesday, April 16, 2024, at 4:00 p.m., in Department 16. Counsel, the parties, and the witnesses are required to appear in person. On August 4, 2023, County filed a Complaint to Abate Public Nuisance; to Enforce Septic and Zoning Code Vi...
2024.04.05 Demurrer to FAC 522
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.04.05
Excerpt: ...second amended complaint. West of Temperance is a winery. John King (“King”) and Brian Ojalvo (“Ojalvo”) are managers and/ or members of Plaintiff. King mainly manages the finances and Ojalvo mainly operates the winemaking process. Plaintiffs allege that they purchased wine corks from Defendant which contained “cork taint,” a fungus which can be present in natural cork that ruins the wine. The FAC alleges causes of action for breach o...
2024.04.05 Demurrer 916
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.05
Excerpt: ...s sufficient to constitute a cause of action. The Demurrer is SUSTAIN ED w it h leave to amend. I. 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 § 430.30(a). In the event a demurrer is sustained, leave to amend should be granted where the complaint's defect can be cured by amendment. Th e Swahn Group, I...
2024.04.05 Motion for Certification of Class and Final Approval of Class Action Settlement, for Attorney Fees 587
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.04.05
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2024.03.27 Motion for Summary Judgment 469
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.27
Excerpt: ...g forth plainly and concisely a ll m a t e r ia l f a c t s that the moving party contends are undisputed.” (Emphasis added.) “The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” ( Ib id .) Defendants' separate statement makes no mention of the Collective Bargaining Agreement (CBA) between Brendon Barraclough and the Iron Workers Union ...
2024.03.27 Motion for Discovery of Financial Condition 825
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...cted with malice, fraud, or oppression. I. P la in t if f 's r e q u e s t s f o r ju d ic ia l n o t ic e Plaintiff's request for judicial notice of the IRS “Ministers' Compensation & Housing Allowance” web page is granted pursuant to Evid. Code § 452(c). Plaintiff's request for judicial notice of the transcript of John Bucher's interview on January 9, 2020 (mistakenly designated “January 9, 2022”) is denied. P la in t if f 's statement...
2024.03.27 Motion for Leave to Amend Complaint 508
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...“Defendant”) request for judicial notice is GRAN TED , per Evidence Code section 452(d). FACTS & P RO CED URE Plaintiff claims discrimination, retaliation, and violations by Defendant under the Fa ir Em p lo y m e n t a n d H o u s in g Ac t (“FEH A”) in t h e c o m p la in t . D u r in g P la in t if f 's deposition, Plaintiff's counsel noticed the word “age” was inadvertently left out of the complaint regarding the cause of action f...
2024.03.27 Motion for Preliminary Injunction 302
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...quently repossessed by defendant. The complaint alleges that defendant w r o n g f u lly r e p o s sessed the vehicle and failed to comply with vehicle repossession la w s . The complaint further alleges that defendant has unlawfully refused to release the vehicle back to plaintiff. The complaint requests a preliminary injunction ordering defendant to: (1) not engage in any further attempts to repossess the vehicle; (2) release the vehicle to pla...
2024.03.27 Motion for Leave to Amend Complaint 839
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...tember 30, 2022. She alleges that David caused the accident b y in t e n t io n a lly and knowingly operating a motor vehicle while under the influence of drugs and crossing over a double yellow line into oncoming traffic and into the path of Plaintiff's vehicle. She further alleges that David was at the time acting within the scope of hi s employment with, and as agent of, Defendants D a v e S o ila n d C o m p a n y (“D S C ”) a n d N o r c...
2024.03.27 Motion for Summary Judgment 818
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...nst DOE defendants. The complaint alleges causes of action for general negligence and strict liability pursuant to Civil Code section 3342(a). The complaint alleges that on September 11, 2019, Garretson was employed at PetSmart, Inc. as a pet groomer. Garretson alleges that she was bitten by a dog owned by DOE defendants. On August 24, 2021, Garretson substituted Murillo as DOE 1. Murillo owns a Husky named Ta h o e . 1. Assumption of the Risk Se...
2024.03.27 Motion to Compel Further Responses 479
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27
Excerpt: ...�SIs”) and requests for admission (“RFAs”) pursuant to CCP §2033.290(d) (relating to requests for admission) and CCP § 2030.300(d) (relating to interrogatories) and for monetary sanctions. The motion is GRANTED. I. Legal Authority Regarding the FIs and SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and...
2024.03.27 Motion to Dismiss on Grounds of Forum Non Conveniens 638
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.27
Excerpt: ...A”) and violations of the Song -Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”). This matter is on cale ndar for Defendants' motion on the basis of forum non conveniens. The motion is DENIED. I. Go ve r n in g Au t h o r it ie s A. Forum Non -Conveniens Eve n if a court has subje ct matt e r and pe rsonal jurisdict ion, it may st ay or dismiss an action on the grounds that the court is an inconvenient forum. CCP § 418....
2024.03.27 Motion to Enforce Settlement Agreement 842
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.27
Excerpt: ...ves. Defendant argues this even though the request for dismissal specifically states, “The Court shall retain jurisdiction over the Parties, pursuant to Code of Civil Procedure section 664.6, to enforce the Settlement Agreement until performance in full of the terms therein. Any and all terms of the Settlement Agreement may be e nforce d pursuant to a motion brought under Code of Civil Procedure section 664.6, and the Court may retain jurisdict...
2024.03.27 Motion to Set Aside and Vacate Dismissal, for Entry of Judgment Pursuant to Stipulation 397
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.27
Excerpt: ...'s fees for this motion. As e xp la in e d b e lo w , because Plaintiff is entitled to attorney's fees for this motion pursuant to the Stipulation, and because Plaintiff clearly requested them in the moving papers, the court wi ll award such fees to Plaintiff absent an objection or explanation persuading the court why it should not do so. However, because Plaintiff has failed to provide any evidence whatsoever for the much larger amount claimed, ...
2024.03.27 Petition to Compel Arbitration 794
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2024.03.27
Excerpt: ... a r b it r a t io n . P RO CED URAL H ISTO RY Plaintiff Robert Kourik brought this action against Kaiser and other defendants for medical malpractice after he ended up having severe functional issues, nerve damage, and chronic following a shoulder surgery. Plaintiff was enrolled as a “Senior Advantage ” member of Kaiser for Medicare healthcare benefits. The agreement for Senior Advantage membership included an arbitration provision. The prov...
2024.03.20 Motion to Set Aside and Vacate Stipulated Judgment 445
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.20
Excerpt: ...3. Judgment was entered that day. Plaintiff argues that he agreed to the stipulated judgment without having be en given correct information from the Defendant. Defendant's owner, Jorge Fernandez (“Fernandez”), disclosed that he had a $500,000 insurance policy with Mercury and stated that he did not know of any other in s u r a n c e p o lic y t h a t m ig h t p o t e n t ia lly c o v e r t h e incident in this case. However, Defendant actuall...
2024.03.13 Petition for Writ of Mandate, Demurrer 798
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...ges in the Petition that he owns a timber harvest site in Sonoma County that burned in the Walbridge Fire. (Memorandum of Points and Au t h o r it ie s [“M P A”], 3 :2-5.) Bareilles filed a notice of Emergency Timber O p e r a t io n s w it h t h e Ca lif o r n ia D e p a rtment of Forestry and Fire Protection (“CAL FIRE”) and got approved to harvest timber in accordance with the “Categorical Waiver” and water control plan of the regi...
2024.03.13 Motion to Vacate 424
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...t, and another and different judgment entered, for e it h e r o f t h e f o llo w in g c a u s e s , m a t e r ia lly a f f e c t in g t h e s u b s t a n t ia l r ig h t s o f t h e party and entitling the party to a different judgment: “1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and correc...
2024.03.13 Motion to Compel Further Responses 240
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...15 days of this order and to pay sanctions in the amount of $3,500 within 30 days of this order. 1. Form Interrogatory 17.1 and Requests for Admissions Plaintiff seeks to compel further responses to FROG No. 17.1 as to RFA Nos. 2 -5 , 9, 11 -12, 14, 17- 18, 26, 29-35, 46, 51, 53- 54, 62-65, 72, 74 -75, 77, 79 -81, 89 - 90, 94- 100, and 102 -104, and to Special Interrogatory Nos. 3, 6 -7, and 65. Th is m o t io n is b a s e d la r g e ly o n P la ...
2024.03.13 Motion to Compel Answers to Post-Judgment Discovery 226
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...pecial interrogatories (“SIs”) against Defendants under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed M o t io n is GRAN TED . Defendants shall serve verified code -compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions ...
2024.03.13 Motion for Undertaking Pending Appeal 721
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13
Excerpt: ...s e l shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As an initial matter, the Court notes that this matter previously came on for hearing in Department 19 and the Court issued a tentative ruling prior to the hearing which required the parties to submit further briefing on the applicability of CCP § 917.4. H owe ve r, prior t o t he he aring, t he Honorable Oscar A. Pardo recused from the m...
2024.03.13 Motion for Terminating Sanctions 245
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the e ffort s t o e nforce it . In re Ma rria ge of Nikla s (1989) 211 Cal.App.3d 28, 35- 36. A. Sa n c t io n s CCP § 2030.300(d), §2031.310(h); §2033.280(c) provides monetary sanction “shall” be imposed against the party l...
2024.03.13 Motion for Protective Order 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2024.03.13
Excerpt: ...t cont ains cause s of action for: 1) bre ach of e xpre ss warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Ac t ”) (a g a in s t M a n u f a c t u r e r ); 2 ) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). This matter is on calendar for the motion by Manufacturer for a protective order under Cal. Code Civ. Proc. (“CCP”) 2031.060. I. Governi...
2024.03.13 Motion for Leave to File Amended Complaint 409
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2024.03.13
Excerpt: ...idually and as Trustee of the 1998 Trust. The amendment would also add and delete various parag r a p h s , in c lu d in g a lle g a t io n s that Collision Center is an alter ego and successor in interest to defendant Auto Bo d y. The motion is GRANTED as to Fischers Collision Center, LLC and the new causes of action against it, and is DENIED as to Gertrude Reynaud and Simone Reynaud. Plaintiff seeks to include the landlord in this action due to...
2024.03.13 Demurrers 886
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2024.03.13
Excerpt: ...H LEAVE TO AM EN D . Counsel for either defendant shall submit a written order consistent with this ruling and compliant w it h Ca lif o r n ia Ru le s o f Co u rt, rule 3.1312. I. Gove rning law A demurrer tests whether the complaint sufficiently states a valid cause of a c t io n . ( 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, 31...

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