Excerpt: ...to compel further responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under Code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. II. Procedural History Prior to the filing of this motion, Plaintiff provided a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension ...

Excerpt: ...December 6, 2012, the court entered a judgment along with a stay of enforcement. 80th parties brought motions challenging the judgment. Defendants moved to vacate judgment and enter a new and different judgment or judgment notwithstanding the verdict. The court denied Defendant's motions. Plaintiff moved for a new trial and the court granted this on some causes of action, intentional and negligent misrepresentation, but otherwise denied the motio...

Excerpt: ...der to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri ("Plaintiff") to this acton sought to inspect the records of Defendant/cross- Complainant Shear Builders, Inc. ("SBI"). Alleging that he and Defendants Rod Matteri ...

Excerpt: ...red in the amount of $5,139.06 against the Defendant. Unless the parties request and appear for oral argument, the Court will sign the proposed order and judgment Plaintiff filed on April 18, 2023. Plaintiff brought this action against Defendant on June 10, 2022, to collect payment on a debt that Defendant owed to Plaintiff. On July 26, 2022, Plaintiff filed with this Court the Stipulation Agreement the parties entered into and signed, according ...

Excerpt: ... on calendar for the motion of Kevin Singer, the duly appointed partition referee ("Referee") for an order approving the Referee's final report, approving final fees and expenses of the Referee, approving Referee's recommended distribution of funds, terminating his appointment, exonerating all bonds, and retaining jurisdiction regarding matters derived from Referee's appointment. The motion is GRANTED. II. Analysis CCP section 873.010 governs app...

Excerpt: ...iff"), filed this action against Respondents/Defendants PHH Mortgage Corporation ("PHH"), Altisource Solution Inc. ("Altisource"), Realhome Services and Solutions Inc. ("Realhome"), Premium Title of California ("PTC"), and Raymond Jereza ("Jereza") (collectively, "Defendants"), apparently to quiet title to real property at 7319 Witter Road, Sebastopol ("the Property"). After she filed the original complaint, captioned "Quiet Title Suit," she file...

Excerpt: ...nalysis: l. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly plead...

Excerpt: ...y Complaint to allege causes of action for general negligence and intentional tort against Defendants (Amended Complaint, '1 10.) Plaintiff claims that she suffered wage loss, general damage, and as other damage, she specified "severe mental anguish, loss of consortium with son, depression, punitive damages, financial loss, loss of important time as well with son." (ld. at '1 11.) The Court notes, as Defendant points out in the demurrer, that tha...

Excerpt: ... Plaintiff filed this action in April 2012, alleging that in November 2009 he entered into an agreement, written and oral ("the Agreement"), with Defendant by which Defendant agreed to pay him $3,000 and take over payments of Plaintiff's 2002 Corvette ("the Car"), paying of the balance or obtsning her own financing, within 5 months. However, he complained, Defendant stopped making payments, causing the loan to go into default. Defendant did not r...

Excerpt: ...and Procedure The Complaint in this matter was filed on May 26, 2021. Thereafter, Defendant filed the Cross-complaint on February 8, 2022. The parties were set for trial on March 24, 2023. After the trial date was set, Plaintiff filed a motion for summary judgment of the Cross-complaint on December 7, 2022. On March 13, 2023, Defendant filed an ex parte Application for an order shortening time to file a First Amended Complaint. The Court denied t...

Excerpt: ...late 2020, the County performed an investigation of a complaint made against Plaintiff, a sworn peace officer as defined in Penal Code sections 830 and 830.1, by a member of the Board of Supervisors ("BOS"). The investigation was completed on December 11, 2020, and the BOS issued a Formal Notice of Outcome of Investigation. Thereafter, the Press Democrat requested the investigation documents pursuant to a Public Records Act request and the BOS in...

Excerpt: ...also known as, Assessor's Parcel Number 055-220-015) ("Subject Pro#rty"). (Memorandum of Points and Authorities in support of the County's Motion for Default ["MPA"I, 991-15.) The County then inspected the property, observed the unpermitted structure, and served a notice and order to stop work on constructon personally to Defendant Ricky Googins and mailed the same to their address. (Ibid.) After a lack of response or appeal from Defendants on th...

Excerpt: ...perties located at 3540 Oakhaven Court, Santa Rosa, formally known as APN 029-222-009 ("Oakhaven"), and 4064 Bayberry Drive, formally known as APN 029-222-010 ("Bayberry"), in the unincorporated areas of Sonoma County (together "the Properties"). The County alleges that the code violations on the Properties have created a public nuisance. The County states that, as of the time this motion was filed, it has incurred costs, attorney fees, and daily...

Excerpt: ...2. Plaintiff and Defendant were previously in a domestic partnership, during which time they had children and purchased real property together. (See generally, Complaint, Cross-complaint.) Their relationship deteriorated for various reasons alleged in the parties' pleadings and they agreed to end ft, after which they entered into a written agreement for joint legal and physical custody of their children, for support, and for payment on property o...

Excerpt: ...e disputed ownership of real property Imrated at 6580 Barbara Drive, Sebastopol, California, 95472 ("Subject Property"). (See, Complaint, "1 18.) Plaintiff and Defendants share equal ownership and are shareholders of Blackwell Home, ("8+41"). (See, ld. at "7-9.) BHI funds were used to purchase the Subject Property, which Plaintiff claims the property ought to have been owned by BHI only, but which Defendant secretly and fraudulently transferred t...

Excerpt: ...l, mandatory monetary sanctions in the amount of $460.00 is GRANTED, and shall be imposed on Defendant. Plaintiff brought this personal injury action against Defendant for general negligence and statutory liability, after Plaintiff was bitten repeatedly in the face by a dog Plaintiff believes was owned by Defendant. (See, Complaint, '110.) Plaintiff served set one of form interrogatories and request for production of documents on Defendant on Oct...

Excerpt: ...) Request for Admissions. Plaintiff requests sanctions in the amount of $6,282.50. The motion is MOOT. All requests for sanctions are DENIED. This action was filed by Plaintiffs against Defendants Douglas Raynor, Lasso Lane Development, LLC ("Lasso Lane"), and Raynor Electric ("Defendants") for various causes of achon based upon a residential lease agreement. Plaintiffs initially paid a $1,795.00 security deposit and a $1,000 pet deposit. They to...

Excerpt: ...aintiff Michael Forte ("Plaintiff") and killing his wife, Gail Marie Forte ("Decedent"). Plaintiff alleges that Defendant has type 1 diabetes but willfully chose to drive knowing he was hypoglycemic resulting from diabetes medication and a 12-hour fast without food or water. Defendant knew that if he went too long without eating, the medication would cause his blood sugar to drop so low that he would suffer from adverse effects, including dizzine...

Excerpt: ...d the petition on the basis that Petitioners had not met their burden of proving that the arbitrator exceeded her authority or that vacating the award was otherwise appropriate. Petitioners appealed this order of the Court and the Court of Appeal ultimately reversed it. The decision of the Court of Appeal only addresses the argument made pursuant to Civil Code S 1617 and no other argument raised in the petition. The Court stated, "We shall revers...

Excerpt: ...9 ("Subject Collision"). (Memorandum of Points and Authorities in support of Mohon to Strike ["MTS"], 4:22-26.) The initial complaint alleged that Plaintiffs suffered wage loss, loss of use of property, hospital and medical expenses, general damage, property damage, and loss of earning capacity, and requested relief in compensatory damages. (Declaration of Scott Lusby in support of Motion to Strike ["Lusby Decl."], Exhibit A, 11, 14.) Plaintiffs ...

Excerpt: ...dant. Prior to his employment at City Sports, Plaintiff had over 25 years in the health and fitness industry managing other commercial fitness facilities with similar business models as that of City Sports. In summary, Plaintiff alleges that City Sport's Regional Vice President of Fitness Sales, in part, made false promises to him; saddled him with work not required of other younger employees; failed to promote him as promised; promoted younger, ...

Excerpt: ...s evidence are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts On January 14, 2020, Plaintiff was seen by Defendant Peter Redko, DPM to discuss treatment for her right ankle. (Undisputed Material Facts "LJMF," 1.) (All dates hereafter referred to are in the year 2020 unless otherwise stated.) On that same day, Defendant Redko inject...

Excerpt: ...Code Division 4, governing "Workers' Compensation and Insurance," Part 1, Chapter 5, "Subrogation of Employer," governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' compensation or other similar benefits. Lab. Code 53852 gives employees and employers rights to bring a claim against a third party for compensation. In pertnent part, it states: "Any employer who pays,...

Excerpt: ...ervice of the moving papers as an exhibit in support of their reply, there is no proof of service provided to establish that the reply was served on Plaintiff. Therefore, the Court will not consider the reply. As such, there is no valid proof of service of any of the briefs supporting this moton in the Court's record. The motion is denied on this basis. The motion is also denied on a substantive basis. This Court previously denied a motion by Def...

Excerpt: ...approval of the class action settlement (the "Motion"). The Motion is GRANTED. II. Procedural History A. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, th...