Excerpt: ..."Youngs") to purchase alcoholic beverages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,265.08, plus interest. Defendant filed an answer denying the allegations and raising affrmative defenses. On August 30, 2022, Plaintiff served Defendant with a Request for Production of Dcmaments ("RFPs"), First Set of Special Interrogatories...

Excerpt: ...ion that occurred on or about September 7, 2020. (See, Complaint; Motion for Attorneys' Fees, 2:8-9; Declaration of Angela N. Markwth ["Markwith Decl. 'II, 2; Opposition, 2:11-12.) Trial was set on this matter for August 19 2022. (See Plaintiff's Opposition, 2:14-15). August 15, 2022, four days prior to trial, Plaintiff voluntarily dismissed the matter without prejudice due to Plaintiffs incarceration and lack of ability to communicate with couns...

Excerpt: ...al Hospital. Plaintiff alleges that she has an insurance policy with Defendant which includes underinsured motorist coverage in the amount of $5COO[n. On August 22, 2022, Plaintiff settled her claim with the underinsured motorist for her policy limit of $15,0W. Thereafter, Plaintiff demanded payment from Defendant in the amount of $485,0Cü Defendant has refused to pay. Plaintiff's complaint alleges causes of action for breach of insurance contra...

Excerpt: ...his is a "Lemon Law" case brought by Plaintiff concerning a 2016 Hyundai Sonata, VIN KMHE54L24GA021333 ("the Vehicle") which Plaintiff alleges she purchased on or about March 2016. (FAC 9.) Plaintiffs FAC alleges that the Vehicle is a 2016 Sonata Hybrid vehicle with a 2.0L 14F DOHC 16V GDI NU engine ("Nu engine"), instead of the Theta II 2.0 engine that was alleged in the original complaint and barred by res judicata as a result of class actions....

Excerpt: ...ent"); the Policy covered the Accident and included an underinsured-motorist provision with a coverage limit of $3COO[n; Plaintiff brought a claim against the other driver and settled that claim for the other driver's insurance limit of Plaintiff made written demand to Defendant to pay her the balance available under her Policy; it was clear that Plaintiff's damages exceeded the Policy limit; yet Defendant refused to settle Plaintiffs claim or ma...

Excerpt: ...ched the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,806.12, plus interest. Defendants failed to appear, so Plaintiff took their default on April 21, 2022, and obtained a default judgment against them on May 16, 2022 for $8,267.60. Plaintiff then brought a motion to appoint a receiver to take control of, and sell, Defendants' liquor license. The court denied the motion without prejudic...

Excerpt: ...., in Department 16, to allow Shep to address the merits of the demurrer. The FACC contains causes of action against Craft for (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Express Indemnity; (4) Contribution and Repayment; and, (5) Declaratory Relief. The court notes that Craft's demurrer does not include the third cause of action for express indemnity first raised in the FACC; and, the original cross-complaint is reference...

Excerpt: ...referred to as “Defendants”). The Prior Action involved 97 plaintiffs and 28 defendants. Plaintiff alleges that Defendants negligently mishandled the litigation which resulted in Plaintiff's award being diminished, allowed defendant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award Plaintiff was entitled to, failed to allocate any of the award for fees and costs to Plaintiff, and ha...

Excerpt: ...on for breach of contract alleges that Defendant agreed to rent 701 Bailey Avenue in Petaluma for $2,000 a month. On or about January 8, 2021, he vacated the property leaving extensive damage, unpaid rent, and debris. Plaintiffs allege that Defendant owes $4,000 in unpaid rent, property damage repairs in excess of $25,000, and debris removal in excess of $5,000. Plaintiff's cause of action for conversion alleges that Defendant took a $30,000 cash...

Excerpt: ...nts of breach of contract. Cross-Defendant demurred, and on July 13, 2022, the Court sustained the demurrer in part as to the first cause of action and overruled as to the second and fourth causes of action. Cross-Defendant served a notice of entry of order on the demurrer to the SACC on August 25, 2022. Cross-Complainants filed their third amended complaint (“TACC”) on September 21, 2022. This matter is on calendar for Cross-Defendant's moti...

Excerpt: ...rly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) and Negligent Repair. Plaintiff purchased a 2018 Dodge Ram 2500 (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 James P. Mayo in Support (“Mayo Decl.”), Exhibit A.) The RISC contains an arbitration provision...

Excerpt: ...einafter “Defendant”) during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Lawson in Support of Defendant's Amended Motion to Compel Arbitration and Dismiss Non-Individual PAGA Claims [“Lawson Decl.”], ¶ 3.) As part of the hiring process, Plaintiff signed an Arbitration Agreement (the “Agreement”), that was ...

Excerpt: ...elers Property Casualty Company of America (“Plaintiff Travelers”) also filed a complaint in the matter titled Travelers Property Casualty Company of America v. Jairo Lara Maldonado, et. al., Court Case Number SCV-269675. (See, Id. 6:18-21, Exhibit B.) Defendants state in their motion that the two matters arise from the same motor vehicle incident occurring on November 18, 2019 at Highway 121 near the intersection with 8th Street East in Sono...

Excerpt: ...ed a notice of lien against any judgment in Plaintiff's favor, pursuant to Labor Code (“Lab.Code”) sections 3850-3865, to recover workers' compensation insurance benefits which it paid to Plaintiff as a result of the accident. The matter went to trial and on July 5, 2022, the jury entered a verdict in favor of Plaintiff. Judgment in favor of Plaintiff was entered on August 3, 2022. Motions This matter has come on calendar now for four motions...

Excerpt: ...his action arose from a residential lease-rental agreement (“Agreement”) entered into between Cross- Defendants and Cross-Complainants on or about March 1, 2019, for residence at the property located at 7782 Sonoma Highway Unit B, Santa Rosa, California (“Subject Property”). (See, Cross-Defendants' Complaint for Damages [“Complaint”], ¶ 9; Cross-Complaint of Daniel O'Connor, Debra O'Connor, and O'Connor Properties, LLC [“Cross-Comp...

Excerpt: ...ruck and injured Antonio Perez (“Perez”), employee of Plaintiff's insured, Katz House of Color, Inc. (“Katz”) and that Plaintiff therefore paid funds to Perez under the workers' compensation insurance policy which it provided to Katz. Plaintiff seeks to recover the money owed from the alleged wrongdoer, Defendant. Plaintiff filed a proof of substituted service on Defendant on March 24, 2022. This shows that Plaintiff served Defendant by s...

Excerpt: ...e opposition. The Court does exercise its discretion to do so and has considered Plaintiff's opposition. This matter was recently before the Court on a motion filed by Plaintiff for which Plaintiff failed to follow the Rules of Court and the Court warned Plaintiff of the necessity to do so. The Court reiterates that admonition now and informs Plaintiff that any future filings that do not comply with the Rules of Court will not be considered by th...

Excerpt: ... of Documents and for Sanctions Against Joseph B. Reiter GRANTED in full, as set forth below, along with monetary sanctions of $1,121.10 for fees and costs plus $250 based on CCP section 2023.050. Facts and Procedural History In their First Amended Complaint (“FAC”), Plaintiffs allege that Michael Adams (“Adams”) and Dustin Gibbens (“Gibbens”) are managers of, and owners of a beneficial interest in, Plaintiffs' Piner Place, LLC (“Pi...

Excerpt: ... 437(c) 1) of the first cause of action in the Complaint (for breach of express warranty) under the Song-Beverly Act (the “Act”); 2) of the second cause of action in the Complaint for negligent repair. For the reasons set forth below, the motion for summary judgment is DENIED. The motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to the second cause of action is GRANTED. I. Evide...

Excerpt: ... reply on motions for summary judgment may not exceed 10 pages. Accordingly, the Court will consider only the first 10 pages of the memorandum. Objections: Plaintiffs' objection to Defendants' evidence is OVERRULED. The following objections made by Defendants are SUSTAINED: objection numbers 9, 10, 11, 12, 13, 17, 18, 19, 20, and Plaintiffs' additional undisputed material facts numbers 41 and 73. The remaining objections made by Defendants are OV...

Excerpt: ...an Order 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 action sought to inspect the records of Defendant/Cross- Complainant Shear Builders, Inc. (“SBI”). Alleging that he and Defendant...

Excerpt: ...tion arises from a motor vehicle collision that occurred on February 4, 2020. Plaintiffs allege that decedent Stephanie Miranda (“Decedent”) died on impact as a result of colliding with Defendants' tractor- trailer parked illegally on the Bicentennial Avenue off-ramp shoulder of the US-101 where Decedent was exiting the freeway. (See, Defendants' Memorandum of Points and Authorities Motion for Leave, at 3:16- 20; Plaintiffs' Complaint pg.4.) ...

Excerpt: ...s”). Perryman alleges that in 2018, he turned to Defendants for a private hard money loan. Under the terms of the installment note, starting June 30, 2018, Perryman was to make monthly payments of $500. Late payments were subject to a 5% late fee. On November 30, 2018, the entire unpaid balance, together with accrued interest at 12%, would become due. Thereafter, the parties entered into a January 14, 2019 agreement whereby Perryman would make ...

Excerpt: ...dant Marguerita Descalso (“Marguerita”) with the latter's permission, and in the accident caused injuries to Plaintiff's insured. Plaintiff paid the losses for its insured under an applicable uninsured motorist coverage and now seeks to recover that loss from Defendants. Plaintiff filed a proof of service for service of the summons and complaint upon Megan, showing substituted service as of July 2, 2021. In August 2021, Plaintiff filed proof ...

Excerpt: ...l Further Responses to Requests for Production, Set One, a Motion to Compel Further Responses to Form Interrogatories – General, Set One, and a Request for Judicial Notice. Plaintiff provides the declaration of attorney Megan Clark and attached exhibits in support of the motions. Defendants assert that on June 30, 2022, they served a Request for Production of Documents, Set One and Form Interrogatories – General, Set One on Plaintiff (“Disc...