Excerpt: ...other requests for summary adjudication are DENIED. Defendant's objections numbers 2, 5, 9-16 to Plaintiff's evidence are SUSTAINED. All other objections are OVERRULED. Counsel for Defendant Richard Cardiff shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts In 1994, Defendant Cardiff began running youth group tennis classes or tennis camps at Ragle Park during the s...

Excerpt: ...d, Sebastopol. After she filed the original complaint, captioned "Quiet Title Suit," she filed a "First Amended Petition" ("FAP") on March 18, 2022. Plaintiff filed an ex parte motion to seal the FAP on March 22, 2022 which was denied. Defendants demurred to the FAP but the court continued the demurrer from its original hearing because petitioner had appeared without giving notce to the court or other parties. At the second hearing on November 9,...

Excerpt: ...ng other vehicles with the same components. Plaintiffs brought the Vehicle for maintenance or repair issues but Defendant did not disclose the true problems and failed to cure the defects. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC") section 1790, et Plaintiff eventually filed a notice of conditional settlement ofthe entire action. He later filed a moton to enf...

Excerpt: ...ve to amend, Defendants' concurrently filed motion to strike is GRANTED without leave to amend, as to the entre complaint. . Procedural History This action arises from Plaintiffs default on his mortgage and subsequent foreclosure on his home located at 9688 Barnett Valley Road, Sebastopol, California, 95472. (Complaint, 3, 11-21; Demurrer, 13:24-28, 14:1-13.) Plaintiff brought two separate, nearly identical actions in this Court regarding the sam...

Excerpt: ...ng and in compliance with Rule 3.1312. The Court thanks the appointed demurrer facilitator for his detailed and informative report. Analysis: 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. superiorcourt ...

Excerpt: ...rete 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 Enterprises, Inc., ("Worden"), Gallagher Construction, Inc. and William Gallagher (collectively, the Gallaher defendants"), Redwood Empire Concrete Pumping Equipment ("Redwood"), and Tire & Company ("Goodyear") Meanwhile, the Shep D...

Excerpt: ... their complaint against defendants Hang "Henry" Chen ("Chen"), Yin "Carlson" Chan ("Chan"), Kawana Santa Rosa Holdings, LLC ("Holdings"), Yu "Pierson" Pan ("Pan"), Ying Gao aka Ivy Chenn ("Gao"), Propriis LLC, DL Propriis Construction LLC, and DL Propriis Construction, Inc. (collectively, "Defendants"). Plaintiff Wu, alleging that she is sole owner of Coulombe and that the owns a 24.59% interest in nominal Defendant Kawana Meadows Development, L...

Excerpt: ...Defendant"), arising initially out of the County's refusal to grant Plaintiffs a building code exemption. This matter is on calendar for County's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. l. Legal Standards A demurrer can be used only to challenge defects that a...

Excerpt: ...r is OVERRULED. Cross-Defendant Pepper Shack's motion to strike is MOOT due to the sustaining of the demurrer to the Fourth Cause of Acton as to this cross- defendant. Cross-Defendants The Design Build Company, LLC, Robert Auger, and Jon Currier have not filed a joinder to the motion to strike nor their own motion to strike. Counsel for Cross-Defendant Pepper Shack Consulting, LLC shall submit a written order consistent with this tentative ruling...

Excerpt: ...filed with the court on April 27, 2022, for payment of the entire amount. The entire case was dismissed without prejudice on May 9, 2022, on the condition that the court would retain jurisdiction under Code of Civil Procedure ("C.C.P.") section 664.6 to enforce the settlement. Per the Agreement, Defendant agreed to pay "a downpayment of $180.48 on or before March 25, 2022, followed by a minimum of $180.56 on the 25th day of every month with the f...

Excerpt: ...ndividually and as successor and heir of her daughter, Vanessa French ("Decedent") filed the original complaint in this action against Defendants Andrew Patrinellis, M.D. and Napa Valley M.D. arising out of Decedent's death. Meanwhile, after Wendy had filed her complaint in this action, Decedent's father Patrick French ("Patrick" or "Father Plaintiff") filed a separate action against Defendant Patrinellis ("Defendant") arising out of Decedent's d...

Excerpt: ...dication is GRANTED in part and DENIED in part. Summary adjudication of Plaintiff's Second Cause of Action for Breach of Covenant of Good Faith and Fair Dealing and Fourth Cause of Action for Negligent Misrepresentation is GRANTED in favor of Defendants. Summary adjudication is denied as to all other causes of action. Defendants' request for judicial notce is GRANTED. The following objections raised by Defendants are sustained: objection to SSLJF...

Excerpt: ... at 5687, 6685, and 6683 Sonoma Highway in Santa Rosa ("the Property") on September 23, 2020, they entered into the Contract and obtained the Policies covering the Property. They add that they own and operate a winery, flower farm, vineyard, and wedding venue on the Property. Plaintiffs allegedly had begun the process of obtaining insurance coverage for the Property through Defendant Cheda Insurance Agency ("Cheda") and its producer, Defendant Ja...

Excerpt: ... 2020 in Sonoma County at the intersection of State Route 12 ("SR-12") onto Arnold Drive. (Complaint, "1 1-15fPA11 .) The State supplied a traffic collision report prepared by the California Highway Patrol regarding the subject collision, attached as Exhibit 2 to the declaration of Skitch W Crosby in support of the motion for summary judgment ("Decl. Crosby"). Per the traffic collision report, the investigating California Highway Patrol officer T...

Excerpt: ...f his conditions. He allegedly was admitted to the Facility for rehabilitation following an emergency hospital treatment, he suffered from Parkinson's disease, and he was accordingly unable to care for himself. Defendants, however, allegedly neglected him and mistreated him, failing to care for his basic needs and provide for his safety, causing injuries. Among other things, Plaintiffs allege, Thomas was allowed at least twice to fall and suffer ...

Excerpt: ... on Plaintiff's cellphone on the date of the subject accident. Sanctions are granted in the amount of $1,050. Defendant argues that good cause exists to compel further response from Plaintiff requiring Defendant to produce his cell phone for inspection under Cal. Civ. Proc. Code SS 2031.310, 2016.040 because Defendant is only seeking relevant information that is admissible in evidence and reasonably calculated to lead to the discovery of admissib...

Excerpt: ...intiff by her motion seeks this Court to deem that Defendants' have waived all objections by untimely service of responses to Plaintiff's Request for Admission. Plaintiff mainly argues that the responses were only e-served by email on the agreed upon deadline on July 22, 2022, in violation of the Discovery Act at code of Civil Procedure ("C.c.p.") sections 2033.240(a), 2033.250(a), 2033.270(a), and 2033.280(a), and that hard copies were not timel...

Excerpt: ... engaged in discovery, and appeared for a settlement conference in 2015. (ld. at 3:19-28.) Ford filed a motion for summary judgment but took it off calendar when Plaintiff represented that it would accept an offer for settlement. (ld. at 4:1-10.) Plaintiff thereafter filed a conditional notice of settlement on February 16, 2015, representing that a request for dismissal would be filed no later than "March 24, 2016," but Plaintiff failed to do so,...

Excerpt: ...granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 2. 3. 4. 5. 6. 7. 8. Age Discriminaton in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from unlawful Discriminatory Conduct (Acrisur...

Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...

Excerpt: ... and Order dated January 22, 2021 and the County's determination of penalties in the amount of $17,500. Respondents County of Sonoma and Permit Sonoma (the "County") posted a Notice and Order on Petitioners' property on January 22, 2021 for Unlawful Commercial Cannabis use in violation of Sonoma County Code ("SCC") Chapter 26. The County issued this Notice and Order following a code inspector's ins#ction of the property and finding of cannabis cu...

Excerpt: ... already denied that moton. Nick Turner's Motion to Vacate (Cancel) Judgment DENIED. There is no proof of service. As explained below, the moving party must file a proof of service demonstrating service of the moving papers and notice of the hearing. The moving party also has failed to demonstrate good cause as required for the relief sought. Facts and History Plaintiff claims that Defendants Heather Corona, Bonnie Schultz, Mike Schultz, Nicholas...

Excerpt: ... and Leave to Defendant Acton ["Motion"], 1:25-27.) Plaintiff later filed an amended complaint on June 30, 2022, and filed a proof of service of process on September 8, 2022, on the amended complaint. (Mohon, 1:28, 2:1.) Due to lack of response, Plaintiff requested for entry of default against Defendant on September 21, 2022. (Motion, 2:2- 6,) Defendant has filed this Motion on the grounds that, due to the excusable neglect of their counsel, Defe...

Excerpt: ...quest, Defendant has waived all objections to it. (CCP S 2031.300) Defendant is ordered to respond to these special interrogatories, without objections, within 30 days of notice of entry of an order on this motion. Plaintiff has requested sanctions in the amount of $7,250.50 for this motion alone. This is based on Plaintiff's counsel's declaration that counsel spent 17.9 hours on the motion and on attempts to meet and confer with Defendant. Plain...

Excerpt: ... in the court's file. 2. Mental Examination Plaintiff does not object to the mental examination; he had stipulated to it and agrees that he put his mental state at issue. However, his dispute is over the conditions, scope, and nature of the mental examination. Plaintiff has requested that defense expert Dr. Sharon Perlman Berry's raw data materials be sent directly to his counsel; that his examination be audio recorded; and, that the scope and li...