Excerpt: ... harassed and discriminated against based upon her Mexican heritage and as a result of disclosing to her supervisors her diagnosis of borderline personality disorder ("bpd"). On or about March 7, 2023, Kaiser served a deposition subpoena and a notice to consumer seeking the production of employment/personnel records from Serenity Bean Therapy, Plaintiff's current employer. The subpoena seeks all documents/communications related to Plaintiff's job...

Excerpt: ...ice of motion states that Plaintiff seeks to appoint Michael Brewer as the receiver; however, the memorandum and declarations filed in support of the motion make clear that Plaintiff seeks to appoint Landon McPherson as the receiver. Appointment of a receiver is generally controlled by CCP SS 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code ("CCP") S 699.720(a)(1)), and t...

Excerpt: ...ing is GRANTED. Plaintiff John Doe ("Plaintiff") alleges in his complaint that Defendant operated a facility for the care of sexually and physically abused school age boys. (Complaint, 93.) Plaintiff alleges that he resided in Defendant's "Hurlbut" house, that Defendant hired Patrick Royce Gray ("Gray"), and that during Plaintiff's stay at the Hurlbut house, Gray "groomed" Plaintiff and sexually molested him. (Complaint, "4, 9, 11, 15, 16.) In 20...

Excerpt: ... the vehicle as required under the Warranties. They specifically allege that they both together purchased the Vehicle, received the Warranties, presented the Vehicle for repairs, and have been damaged. Comp., "7- 8, 11-12, 17-19, 26, 32. Plaintiffs assert that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") pursuant to Civil Code ("CC") secton 1790, et seq. Motion Defendant moves the court for judgment on the ...

Excerpt: ...with a conditional notice of settlement of the entire action. On March 21, 2022, the court entered an order dismissing the action pursuant to the Settlement and stating that the court retains jurisdiction pursuant to Code of Civil Procedure ("CCP") section 664.6. Motion Plaintiff moves the court to enter judgment on the terms of the Settlement, asserting that Defendants has defaulted and not paid the money agreed in the Settlement. When a party s...

Excerpt: ...of $20,645.75. This achon was filed by Plaintiff as a result of his default on a real estate loan and Defendant's foreclosure of Plaintiff's real property. As recorded in a secured promissory note, Plaintiff's prior company, Profit Recover Center LLC ("PRC"), borrowed from Defendant the principal sum of $350,CM, and agreed to repay that amount with interest at the rate of 14% per annum. (FAC, Exhibit A.) The note was personally guaranteed by Plai...

Excerpt: ...e doctrine of laches. Cross-Defendants also demur to the second cause of action on the basis that it fails to state a cause of action. The Court notes that Cross-Defendants did not file a reply to Cross-complainants' opposition to this moton. Legal Standard A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberall...

Excerpt: ...acts sufficient to constitute a cause of action. The Court previously sustained a demurrer by FATC to this same cause of action, with leave to amend. Plaintiffs subsequently filed an amendment to the original complaint which alleges facts to support the cause of action against FATC The complaint was originally devoid of any factual allegations to support the negligence cause of action against FATC. Plaintiffs have now alleged that FATC breached i...

Excerpt: ...egal Standard CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of 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: ... Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). Plaintiff purchased a 2022 Ford F-150 (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration of Trina M. Clayton in Support ("Clayton Dec...

Excerpt: ...e at 5775 Bluegate Rd., Santa Rosa ("the Property"), Defendants negligently caused a large chunk of concrete to strike Plaintiff in his back, causing injuries. He adds that this resulted from the negligent operation of a concrete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterpr...

Excerpt: ...ve the notce of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Alleging that they are married and owned several pieces of real property (the "Property"), Plaintiffs complain that Defendants fraudulently induce them to enter into short-term loan agreements (the "Loans") with balloon payments (the "Payments") secured against the Properties, in order to cause Plaintiffs to default so that Defend...

Excerpt: ... NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege that Plai...

Excerpt: ...tce of hearing on Respondent but Respondent never appeared. This court granted the petition on January 5, 2023, and entered judgment in favor of Petitioner on February 21, 2023. The order and judgment state that Petitoner requested pre-judgment interest and attorney's fees and costs as part of the petition. They state that Petitioner may file post-judgment motions to determine an award of pre-judgment interest and pre-judgment attorney's fees and...

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

Excerpt: ...substantially impair fts use, value, and safety. Plaintiffs allegedly brought the Vehicle for maintenance or repair to Defendant Victory Auto Plaza, Inc. ("Victory"), an authorized repair facility for GM, but Defendants have failed to cure the defects and nonconformities, or reimburse Plaintiffs for the Vehicle price. Plaintiff asserts that Defendant's conduct violates the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC"...

Excerpt: ...nding completion of arbitration. This action was filed as the result of an automobile accident pursuant to which Plaintiff John W. Alger ("Plaintiff") sustained serious injuries. At the time of the accident, Plaintiff had an insurance policy with CSAA which provided underinsured motorist coverage in the amount of $100mo. On March 1, 2022, Plaintiff settled his claim against the underinsured Motorist for $15,0W.OO, the limit of her insurance polic...

Excerpt: ...compliance with a subpoena, the moving party must first establish that the subpoena was properly served. Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (CCP S 2020.220(c).) Here, Shimadzu has not provided proof of service for any of the subpoenas that are the subject of t...

Excerpt: ..., 2023. The Motion is RESOLVED. Plaintiff's request for sanctions is CONTINUED to June 23, 2023 at 3:00 pm in Department 19. Plaintiff's request for issue, evidence, and terminating sanctions are DENIED. Governing Law 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 efforts t...

Excerpt: ...310. The motion is GRANTED in part and DENIED in part. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an obj...

Excerpt: ... the $60 motion fee. In reply, Defendant requests sanctions be increased to $2,895.00. Defendant's motion to compel further responses to its form interrogatories and request for admissions, number 3, is GRANTED. The motion to compel further responses to Defendant's special interrogatories and requests for production of documents is DENIED. Sanctions are granted in the amount of $1,610.00. This is a malpractice action. Plaintiff alleges that he re...

Excerpt: ...n of Documents, Set One, numbers 3, 5, 7, and 9. Plaintiff requests sanctons in the amount of $2,060.00 on each moton. The motion is GRANTED. However, the court will order the parties to confer about the details of the Belaire-West process, including the timing and content of the notice to class members. The court will set a Case Management Conference for June 27, 2023, at 3:00 p.m., in Department 16, to allow the parties to report their agreed o...

Excerpt: ...f the Fair Pay Act (the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendant's petition to compel arbitration is GRANTED. Evidentiary and Procedural Issues Defendant's contention that Plaintiff's opposition is late under CCP S 1290.6 is inadequate to cause the Court to disregard the Plaintiff's opposition. Defendant has ...

Excerpt: ...iff alleges that Defendant owes it money on a promissory note and security agreement (the "Note") by which Plaintiff provided funding in return for payments and a security interest in a 2004 Ford F250. It complains that Defendant has failed to pay the amount owed. On March 13, 2023, Plaintiff filed a proof of service for the summons and complaint showing substituted service on Defendant at 549 Alta Ave., Rohnert Park, CA 94928 on October 16, 2022...

Excerpt: ...This matter is on calendar for the moton by Scoble and Schaefer under California Code of Civil Procedure ("CCP") 1987.1 to quash production of documents under subpoenas by Plaintiff served upon non-parties Conner & Winters, LLP ("CW LLP") and JP Morgan Chase Bank ("JP Morgan") under CCP S 1985.3. Governing Law Although Code of Civil Procedure section 1985(b) states in part that "an affidavit shall be served with a subpoena duces tecum issued befo...