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: ...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: ...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: ...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: ...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: ...) 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: ...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: ... 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: ...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: ...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: ...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: ...24- 25.) Plaintiffs explain that Defendants recently acquired a permit to convert a residential property to a cannabis cultivation facility and “[a]llowing such use would increase the amount of traffic on the road, change the type of traffic from passenger to commercial vehicles, and expand the hours that the road is in use.” (Id. at 4:9-11.) Plaintiffs spend the majority of their motion arguing the merits of their underlying claims to limit ...

Excerpt: ...venue for City services and projects. (Declaration of Damien O'Bid (“O'Bid Dec.”), at § 2; Ex. 1. Measure G amended Chapter 3.05 of the City's Municipal Code to add a 1% transactions and use tax. (Id. at Ex. 1, pp. 2-4.) Measure G's operative date was October 1, 2014 and terminated on the “ninth anniversary of the operative date; the tax rate was set at 1%; the terms provided for an annual audit and public report during its operative years...

Excerpt: ...ated in part that “the property subject to the Writ of Possession has a market value of approximately $10,000.00” and any bond should be “in an amount not to exceed $10,000.” (Original Reply at 2:4-5 and 5:18-19.) In its minute order, the Court stated as follows: The appropriate bond amount is addressed only for the first time in the reply, giving the defendants no opportunity to respond. This is particularly unfair as a substantial porti...

Excerpt: ...led. Plaintiffs have leave to amend within 10 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. The Complaint Plaintiffs complain that Defendants misrepresented the net result or effect of loans or mortgages (“the Loans”) which Defendants provided to Plaintiffs and which were secured against two parcels of real property (“the Properties�...

Excerpt: ...ction 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 Empire's Demurrer to the fifth and ...

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: ...and joined Defendant Golden State Wealth Management, LLC (“GSWM”), founded and run by Defendant Patrick Catone (“Catone”) (collectively, “the GSWM Defendants”) and in so doing misappropriated trade secrets which Defendants now use to compete with Plaintiffs. They contend that Curiel was assigned more than 200 high-net-worth clients when working with Plaintiffs; Curiel developed a personal relationship with Plaintiffs' clients but did ...

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...

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: ...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: ...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: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...50 which she incurred to object to Keel's motion and $1,402.50 to bring this motion for sanctions. Keel has not filed an opposition to the motion. Darling's motion is GRANTED. Keel is ORDERED to pay $1,402.50 total in sanctions to Darling, which includes $676.50 related to Darling's objection to the initial motion and $726 in attorney's fees (3 hours at $165/hour and .6 hours at $385/hour). The Court finds this amount reasonable under the circums...

Excerpt: ...ntiff's briefs. Ford claims that the information in these documents is confidential and the documents were disclosed in violation of multiple stipulated protective orders entered between the parties in three other cases. Ford contends it has not produced these documents to Plaintiff in this litigation and Plaintiff could have only acquired them through other proceedings that are subject to a protective order. (Ford filed a third motion to exclude...

Excerpt: ...ion for: (1) Breach of Fiduciary Duty; (2) Intentional Fraud; (3) General Negligence; (4) Negligent Misrepresentation, Concealment; (5) Declaratory Relief; and (6) Common Counts. Only the fifth cause of action for declaratory relief is alleged against Defendant. The 4AC provides that Defendant Michalek is named only to establish the validity of the Attorney Client Contingency Fee Agreement (“ACCFA”) and Attorney Lien Provision. (4AC ¶3.2.) O...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...mental opposition brief are sustained with respect to those portions going beyond the issues which this court presented, for the reasons explained below, but this has no impact on the outcome of these rulings. Respondents' objection to the first amended petition (“FAP”) which Petitioner filed is overruled, for the reasons explained below. That said, this court will, if Respondent or RPIs so request, instead vacate the filing of the FAP, requi...

Excerpt: ...matters. This matter is on calendar for the demurrer by the County of Sonoma (“County”) to the two causes of action which relate to it, the seventh and eighth causes of action, on the grounds that they do not state facts sufficient to constitute a cause of action (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)), including because they are time-barred. The Demurrers are OVERRULED. I. The Petition The FAP contains causes of action for: 1) declar...

Excerpt: ...venue for City services and projects. (Declaration of Damien O'Bid (“O'Bid Dec.”), at § 2; Ex. 1. Measure G amended Chapter 3.05 of the City's Municipal Code to add a 1% transactions and use tax. (Id. at Ex. 1, pp. 2-4.) Measure G's operative date was October 1, 2014 and terminated on the “ninth anniversary of the operative date; the tax rate was set at 1%; the terms provided for an annual audit and public report during its operative years...

Excerpt: ... limits, deductible amount, prior payment amounts by said carrier, non-covered items or other provision of the above described policy, which might affect the existence and/or amount of the Insurer's liability thereunder.” (Petition at Ex. B.) Thus, the Court's judgment will be expressly limited to the valuations stated in the award. (See, Lee v. California Capital Ins. Co. (2015) 237 Cal.App.4th 1154, 1165-1166 [“The function of appraisers is...

Excerpt: ...egligence because “there is no evidence that Plaintiff was harmed by Defendants' grill brush” and on the second cause of action for product liability “and all counts therein because there is no evidence that the grill brush was defective.” The Motion is DENIED. I. The Complaint The Complaint alleges that on or about August 1, 2015 Plaintiff used the Mr. Bar-B-Q double grill brush, item number 0606QSSX (the “Brush”) to clean his grill ...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...ider. Petitioner, an unincorporated association, seeks a writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. The Project and Property The Project is loc...

Excerpt: ... is on calendar for the demurrer by SMART to the entire FAP and to each cause of action therein on the grounds that it does not state facts sufficient to constitute a cause of action (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)) and that it is uncertain (CCP § 430.10(f)). SMART also demurs to the sixth, ninth, and tenth causes of action on the ground that the Court lacks subject matter jurisdiction (CCP §430.10(a)). The Demurrers to the sixth...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...on a final draft. (Id. at Exs. A-E.) In this motion, Plaintiffs seek an order compelling Defendants to sign Plaintiff's most recent draft. (Id. at Ex. E.) Defendants have not filed an opposition to the motion. After reviewing Plaintiffs' brief and supporting documents, the Court rules as follows: Plaintiffs' Request for Judicial Notice of the “Sonoma County Superior Court Closure Due to COVID-19 Local Emergency Press Release, dated March 16, 20...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ...er granting this Motion. Plaintiff shall further pay sanctions to Defendant in the amount of $1,620 within thirty (30) days of notice of entry of the order granting this Motion. If a party fails to serve timely responses to requests for production of documents, the responding party waives all objections, including those based on privilege and work product, and “[t]he party making the demand may move for an order compelling [a] response to the d...

Excerpt: ...T&T Telecommunications Company (“AT&T”), and Pacific Bell Telephone Company (“PacBell”) negligently controlled, maintained, or caused the condition. City moves for summary judgment, or summary adjudication, to the only identified cause of action, for “Negligence/Dangerous Condition of Public Property.” It argues that Plaintiff cannot state a cause of action for negligence, the Property was not in a dangerous condition because it did n...

Excerpt: ...s GRANTED under CCP § 473(b). The Court's ruling made on May 13, 2020 granting Plaintiff's Motion to Lift Stay of Proceedings filed on November 27, 2019, as reflected in the Order After Hearing entered on June 23, 2020, is hereby VACATED. The hearing on Plaintiff's Motion to Lift Stay of Proceedings is CONTINUED to October 21, 2020 at 3:00 p.m. in Department 17. No further briefs may be filed. The tentative ruling which was posted on February 20...

Excerpt: ...that considerable time and expense was invested in the property; and that the property has always been accessed via a private road on the Bordessa property, predecessor to LRR. The complaint further alleges that, inter alia, the road access was used as a matter of right; the septic system for the cabin was used as a matter of right; and that well water was obtained from the Bordessas for a nominal charge as a matter of right. LRR cross-complained...

Excerpt: ...that “there are no facts as statements of misrepresentation,” the allegations do not state who made the misrepresentation but claims that the contract itself is a fraud and “[t]his fails because its there [sic] was going to be no intention of the terms, the landlords would not have returned any funds form [sic] the deposits, as the plaintiffs admit did occur,” no facts show that Defendants “did not intend the terms they agreed to [sic],...

Excerpt: ...ion (CCP § 430.10(e)) and that it is uncertain (CCP § 430.10(f)). The Demurrers are OVERRULED. I. The FAC The FAC alleges that a parcel of real property in Kenwood was subdivided in 1990 into four parcels and that parcels 2-4 became subject to the Via Bella Vista Declaration of Covenants, Conditions and Restrictions (“VBV CC&Rs,” Pet. Ex. A). Plaintiffs Boschetto and Dinner are the owners of parcels 4 and 3, respectively, and Defendants are...

Excerpt: ...r Judgment on the Pleadings filed on November 25, 2019, and Motion for Summary Judgment filed on September 20, 2019. Plaintiffs also seek an award of attorney fees for bringing the instant motions. The motion for sanctions brought as a result of defendants' Motion for Summary Judgment is DENIED. The motion for sanctions brought as a result of Defendants' Motion for Judgment on the Pleadings is GRANTED. By presenting to the court, whether by signi...

Excerpt: ...rrer and demurrer for uncertainty by Travelers to the second cause of action for negligence (Cal. Code Civ. Proc. (“CCP”)) §§ 430.10(e), (f)) and the motion by Travelers to strike the punitive damages allegations from the FAC (CCP § 435). The Demurrer is OVERRULED and the Motion to Strike is GRANTED with leave to amend. The Court is within its discretion to decline to consider the reply briefs inexplicably filed two days after the deadline...

Excerpt: ...resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Here, the parties' respective ownership interest in the manufactured home is disputed and is not capable of “immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Thus, judicial notice is not proper. (See, Herrera v. Deutsche Bank Nat'l Tr. Co., 196 Cal.App.4th 1366, 1374 [trial court could not take judicial notice of dis...

Excerpt: ... 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 owners and co- managers of CQ, which has its principle place of business in Cotati and allegedly owns a patent on a folding doorstop called “The Pocket Stop” (“the Doorstop”). Allegedly, Clay is a 53.3% member ...

Excerpt: ...f to provide the proposed answers for review and approval prior to the deposition. Plaintiff moves the Court to compel Defendant John Casey (“John”) to attend deposition under certain conditions or, as Plaintiff says in the moving papers, “to establish some reasonable and humane manner to take a sworn statement from [him] before he dies.” In general, under the Discovery Act a party has the automatic right to depose all other parties. See,...

Excerpt: ...gatories, and Form Interrogatories (Sets One); after an extension, Defendants provided largely identical responses on October 15, 2019; Plaintiffs found these deficient and Defendants provided supplemental responses on December 9, 2019; Plaintiffs found these still to be deficient and raised the issue with Defendants, warning of a motion to compel which Plaintiffs brought and which was heard on May 29, 2020; the Court granted the motion as to com...

Excerpt: ...nt, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants. (Tech-Bilt, Inc. v. Woodward-Clyde &...

Excerpt: ...ith Code of Civil Procedure section 340.1. The order with details supporting this order will be filed under seal. The order containing the ultimate rulings will not be under seal and will provide reference to the full order under seal. Plaintiff complains that in 1978 when he was a minor, he was sexually molested by Father Gary Timmons (Timmons), a priest of Defendant Doe 1, running youth activities at a summer camp of Defendant Doe 2. Plaintiff ...

Excerpt: ...and CSAA's motion to quash or obtain a protective order regarding the subpoena, which were both heard on March 4, 2020. The Court finds that Plaintiffs' position as reflected in the present motions is generally consistent with the Court's intentions in issuing the March Order, as set forth below, and as such Plaintiffs' Motion is GRANTED and CSAA's Motion is DENIED, as further clarified below. I. Procedural History The operative Third Amended Com...

Excerpt: ...f President Miramontez and Vice President Carr, an investigation into the SRACGSL financials was launched. Defendants allegedly discovered questionable expenses and incorrect accounting, in addition to discovering multiple checks for significant sums written to the President and Vice President, by the President and Vice President/Treasurer with no indication why such checks had been drawn, which is a departure from all other checks as well as aga...

Excerpt: ...ler”) with a Request for Production of Documents, Set 3 on March 5, 2020; Muller responded on March 16, 2020; Plaintiffs found the responses deficient and attempted to resolve the matter informally by e-mail on April 9, 2020; Muller responded by reiterating objections and the parties did not resolve the dispute. Fladseth Dec. Plaintiffs move the Court to compel Muller to provide a further response to Request No. 59 in the set. Muller opposes th...

Excerpt: ...jury, often equated with an “inadequate legal remedy.” Code of Civil Procedure section 526(a)(2); Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084. The requirement that the injury be “imminent” simply means that the party to be enjoined is, or realistically is likely to, engage in the prohibited action. Korean Philadelphia Presbyterian Church, supra. The irreparable injury will exist if the...

Excerpt: ...s Motion for Summary Judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c on the basis that there are no triable issues of material fact and it is entitled to judgment as a matter of law because the causes of action lack merit. In the alternative, Defendant seeks summary adjudication on a number of specified issues. The Motion is GRANTED on the basis that breach cannot be established (Issue Nos. 1 and 2). Summary adjudication on the seco...

Excerpt: ...ants James Mackenzie, Michael Hines, and Paul Harper (collectively “Defendants” or “individual Defendants”) demurrer to the second cause of action for fraud/misrepresentation; seventh cause of action for intentional infliction of emotional distress (IIED); eighth cause of action for conspiracy; ninth cause of action for invasion of privacy; and tenth cause of action for defamation on the grounds Plaintiff fails to allege sufficient facts ...

Excerpt: ...r to Plaintiff's first cause of action for Violation of Labor Code section 226 is SUSTAINED, with leave to amend, for failure to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e). Defendant's request for judicial notice is granted. Rafael Escobar, individually and on behalf of all others similarly situated filed a class action complaint against defendant Huneeus Vintners, LLC, for (1) Violation of Labor Code se...

Excerpt: ...ED. I. The Complaint The Complaint alleges that on September 5, 2018, Plaintiff was administered lidocaine by Defendant's agents (“student doctors”), despite Plaintiff advising them not do so because of a prior adverse reaction, and that Plaintiff in fact suffered an adverse reaction. It further alleges that for “months” after the incident Defendants represented to Plaintiff that he was required to arbitrate his claims and that as a resul...

Excerpt: ...epartment, violated her civil rights by disregarding her complaint about being attacked, falsely claiming that Plaintiff was the aggressor and seeking to file baseless charges against her, and threatening her, all based on various improper motives including racial or other discrimination. Defendants include the chief of police Kevin Burke (“Burke”) and four police officers (“the Officers”), Teygan Mason (“Mason”), Darryl Erkel (“Erk...

Excerpt: ...g a corrected Cohen Declaration attaching the referenced Exhibit 4 no later than July 29, 2020,the Motions are GRANTED. HOWEVER, the service award to Plaintiff is reduced to $6,000 and Plaintiffs' attorneys' fees are reduced to $62,500, with a corresponding increase of $ 22,333.33 to the Net Settlement Fund available to the participating members of the Class. As the moving papers acknowledge, the postmark deadline for members of the putative clas...

Excerpt: ...g requests for judicial notice are granted. Plaintiffs filed a First Amended Complaint as a class action, on behalf of a geographically defined area of those who suffered personal and emotional injuries, wrongful death, and loss of personal and real property resulting from wildfires occurring in October 2017. As contained in paragraph (8) of the FAC, the allegations refer to Chapter 10 of the Sonoma County Municipal Codes, at sections 10-1 throug...

Excerpt: ...y relief; 2) injunctive relief; 3) an accounting; and 4) general negligence (the “Complaint”). On January 14, 2020, this Court issued an order granting Plaintiffs' request for a Temporary Restraining Order (“TRO”) and Order to Show Cause (“OSC”) why a preliminary injunction should not issue to enjoin Defendants from selling the property commonly known as 5386 Blue Ridge Trail, Santa Rosa, California (the “Property”) pending a fina...

Excerpt: ...tiffs consider the response to request No.51 defective. Plaintiffs move the court to compel Defendant Abdallah to provide further responses, a privilege log, and documents in response to request number 51 in Plaintiffs' request for production. When a propounding party is dissatisfied with responses to interrogatories or production requests, that party may move to compel further responses. CCP sections 2030.300, 2031.310. The moving party must mak...

Excerpt: ...on defendant First Tech Federal Credit Union's cross-complaint for fraud and finding that for the purposes of CCP § 1032(a)(4) that Ms. Hogan is the prevailing party on the cross-complaint. As relevant here, Ms. Hogan and her husband Ronald Hogan brought a complaint against First Tech Federal Credit Union (“First Tech”), a lender on a Home Equity Line of Credit (“HELOC”). The court sustained demurrers to a number of the causes of action ...

Excerpt: ... in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. The Motion for Relief is GRANTED. Defendant's counsel has sufficiently established the failure to properly number the responses one through seven was a result of inadvertence. Plaintiff Richard Abel moves for an order compelling Defendant Sunderland/McCutchan to serve full and complete code-compliant verified responses, without objections, to Plaintiff'...

Excerpt: ... Petition seeks to compel the City to set aside its decision of June 17, 2019 in the matter of Resolution No. 2019-095 N.C.S. of the City of Petaluma. The Petition alleges that the City abused its discretion and acted in excess of its jurisdiction in concluding that the Nelsons' proposed project was in compliance with the Woodridge Planned Unit Development (“PUD”), which governs Petitioner's residence and the subject lots, which total 2.7 acr...

Excerpt: ...ers around plaintiffs' homeowners' insurance policy for their home that was destroyed in the 2017 wildfires. Plaintiffs contend that defendant FIE underinsured their home. The insurance contract/policy was reformed after the home was destroyed. Plaintiffs contend the reformation was inadequate and a further reformation should be ordered. The current complaint alleges two causes of action: Insurance Broker Negligence and Reformation of contract/po...

Excerpt: ...ions 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, once a timely, proper motion to compel further responses has been made, the responding party has the burden to justify objections or incomplete answers. Coy v. Superior Court (1962) 58 Cal.2d 210, 220- 221. A party moving to compel further responses to a production request, however, must demonstrate “good cause" for seeking the items. Code...

Excerpt: ...r into the determination of this motion to compel. Defendants argue that a factual response to No. 4.1 is not required as the "action will not be tendered to any carrier by defendants" and that "defendants are essentially handling their own defense of the case as if they are self- insured." Defendants further state that they are financially able to pay the judgment. Based upon this, Defendants argue that information about insurance is "beyond irr...

Excerpt: ...January 15, 2020. The Motion is GRANTED. I. Procedural History Plaintiffs Asha Prasad, Kevin Lala, and Latchmi Lala (altogether “Plaintiffs”) filed a complaint against defendants Lucas Wharf, Inc. and Toby Skinner for negligence, battery, and premises liability. On August 9, 2019, Lucas Wharf filed a cross-complaint against Plaintiffs as well as Life is Amazing, LLC, alleged to be an alter ego of Plaintiffs, for negligence and “intentional ...

Excerpt: ...ntiff and the Aggrieved Employees to take their meal periods and rest periods in violation of California Law. Defendants also failed to pay Plaintiff and the Aggrieved Employees all earned and unused and accrued vacation time at their final rate of pay at the time of their termination.” (Complaint at ¶13.) Plaintiff also alleges that “[t]hroughout the time period involved in this case, Defendants have implemented policies and practices which...

Excerpt: ...e a cause of action, is SUSTAINED with leave to amend for the reasons explained below. The demurrer to the cross-complaint for uncertainty is OVERRULED for the reasons explained below. Request for Judicial Notice Plaintiff/Cross-Defendants seek judicial notice of the complaint in this action (Ex. 1), a Google Maps aerial photograph form the public domain (Ex. 2), notices and orders and other documents purportedly sent to Defendants/Cross-Complain...

Excerpt: ...erty. (Id. at ¶11.) However, on June 25, 2016, McChesney told Plaintiffs they should contact Janice Cader-Thompson (“Defendant”) because Defendant was McChesney's “advisor.” (Id. at 12.) Plaintiffs spoke with Defendant who explained that she was concerned about certain terms in the sale agreement and she would set up a meeting with McChesney to “try to renegotiate [a] reverse mortgage with the mortgage company…before escrow was close...

Excerpt: ...smissed his cross-complaint. This matter is on calendar for Plaintiffs' unopposed motion for conditional certification of the class and preliminary approval of the class action settlement (the “Motion”). The parties are REQUIRED TO APPEAR to address why payments to the members of the class are being made on a strictly pro rata basis based on weeks worked regardless of their positions and rate of pay, even though members of the class were empl...

Excerpt: ...their complaint, Plaintiffs assert causes of action against Owner, Dede, and Sterling for negligent breach of the implied covenant of habitability (First COA); intentional breach of the implied covenant of habitability (Second COA); nuisance (Third COA); breach of the covenant of quiet use and enjoyment (Fourth COA); negligent violation of statutory duties (Fifth COA); intentional violation of statutory duties (Sixth COA); breach of the implied c...

Excerpt: ... exist; and (2) if such agreements are found to exist, the court will GRANT the motions and compel arbitration. The Court also finds it is appropriate to order limited mutual discovery on the issue of the execution of the arbitration agreements in anticipation of the evidentiary hearing. This matter is stayed in all other regards and calendared on the Case Management Calendar on September 22, 2020 at 3:00 p.m. for setting of the evidentiary heari...

Excerpt: ...ative ruling granting Defendants' anti-SLAPP motion, and denying Plaintiff's request for a continuance, was posted and that no appearances were made such that it was adopted without objection. A written order after hearing conforming to the tentative ruling was entered on October 22, 2019. Plaintiff filed an appeal of the order granting the anti-SLAPP motion, but subsequently filed an abandonment of appeal. This matter is now on calendar for the ...

Excerpt: ...ed that he founded SBI but it is presently owned in equal shares by Ron and each of the Individual Defendants, and the FAC sought, among other things, involuntary dissolution of SBI. SBI invoked California Corporations Code (“CC”) § 2000 and an appraisal was ordered per orders entered on December 20, 2016 and January 25, 2017. An appraisal was conducted, and on December 19, 2018 the Court issued an order confirming the appraisal award. This ...

Excerpt: ... set forth below. Cross-Defendant Loanvest VII, L.P.'s Motion to Expunge Lis Lindens and Request for Attorney Fees GRANTED as set forth below. Motion to Set Aside Default Code of Civil Procedure section 473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed six months from the date the order was entered. Code of Civil Procedure section 473(b). Code of ...

Excerpt: ...s “court records” pursuant to Evidence Code section 452(d) is denied. Defendants fail to provide a basis for finding that the transcripts fall under the category of court records. And, even if the Court were to take judicial notice of reporter's transcripts, it would not be of the truth of “facts” therein so the relevance of the transcripts is then questionable. (See e.g., Ross v. Creel Printing & Publishing Co. (2002) 100 Cal.App.4th 736...

Excerpt: ...damages. The Court grants this request. Defendant moves the Court to quash services of the summons and complaint or, alternatively, to set aside the default and judgment. Relying on Code of Civil Procedure section 473(d), it argues that service is void because service failed to comply with the requirements. It also argues that the Court should set aside the default and judgment based on Code of Civil Procedure section 473(b) since it allowed the ...

Excerpt: ...nto a binding arbitration provision covering this dispute and Plaintiff's claims. The Court granted the motion after the May 29, 2019 hearing. Plaintiff contends that after the order for arbitration, the parties stipulated to the selection of retired Judge Scott Snowden (“Snowden”) with JAMS as arbitrator but that Defendants have now withdrawn that consent unilaterally and wish to obtain a different arbitrator. Facts and History of the Arbitr...

Excerpt: ...m bifurcated and tried first before the Court pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 598 and 1048. Plaintiffs' brief contains a lengthy discussion of the merits of their claim, which is outside the scope of the Court's inquiry on this Motion. However, Plaintiffs also oppose the Motion on the basis that the Motion is untimely because it was set for hearing fewer than 30 days before the then-scheduled trial date, as well as on the basis ...

Excerpt: ...ppearing on the face of the complaint, exhibits thereto, and judicially noticeable matters. Code of 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. One of the grounds, in subdivision (e), is the general demurrer that the pleading fails to state facts sufficient to constitute a cause of action. Demurrer for failure to state facts sufficie...

Excerpt: ...ays due to discovery disputes, they were set for May 20, 2020. However, due to a scheduling conflict with Petitioner's attorney, the parties in march 2020 stipulated to a continuance to June 24, 2020. As a result of the stipulation, however, the court order setting the new hearing date required the reply papers to be filed by May 8, 2020. The reply papers on these matters were filed on June 17, 2020. The moving parties claim that this lateness wa...

Excerpt: ...at the time she was evacuated. [Decedent] was taken by City bus to Finley Center in Santa Rosa and, from there, she was at some point moved by Defendants to another facility in Alameda County, with which she was not familiar. Due to the anxiety and stress of Defendants' acts and omissions alleged herein, and the failure of Defendants to provide [Decedent] with the care for which she contracted with Defendants following the fire, [Decedent] passed...