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: ...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: ...., 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ... 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: ...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: ...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: ...'s complaint alleges a paramedic or paramedics employed or contracted by Defendant moved the unconscious Plaintiff, Alexis Mendez (“Plaintiff”), onto hot pavement prior to transporting her to the hospital. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. As a result, Plaintiff had two skin grafts and a very painful debridement procedure to remo...

Excerpt: ...of action: (1) Violations of California Civil Code §56.20(b); (2) Violations of California Civil Code §56.20(c); and (3) Fraud. This matter is on calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is OVERRULED in part and SUSTAINED with leave to amend in part. I. Legal Standard...

Excerpt: ...tiffs filed an opposition. On December 20, 2022, Plaintiff filed a request for dismissal as to Defendants Yeng Brooks, Tina Rivera and Christina Cramer, and for the cause of action of fraud as to Defendant County. Accordingly, only the causes of action for violations of Civil Code §56.20 against Defendant County of Sonoma (“Defendant County”) remain at issue in this demurrer. Plaintiff is a former employee of Defendant County who complains t...

Excerpt: ...t McKissock and Defendant Healy were employees of Defendant SVH working in human resources. On August 8, 2022, Plaintiff filed the now operative first amended complaint (“FAC”) adding Sonoma Valley Hospital Foundation (“Defendant Foundation”) as a defendant and alleging three causes of action for (1) violation of Civil Code §56.20(b); (2) violation of Civil Code §56.20(c) [1]; and (3) fraud. [2] The above-mentioned defendants are collec...

Excerpt: ...e. Defendants are Mark Thomas Home, LLC (“Entity Defendant”) and Mark Lasecke (“Lasecke”), the principal and owner of the Entity Defendant. Plaintiff asserts six causes of action: 1) Violation of Labor code (“Lab.Code”) section 970 for misrepresenting the character, length, and terms and conditions of employment; 2) Lab. Code Section 221 for forcing Plaintiff to pay back wages to recover a reimbursement which Defendants had agreed to ...

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: ..., the Complaint was dismissed as to Michael Lateef, as an individual. On October 12, 2022, Defendant Hanson Bridgett, LLP (“Defendant Law Firm”) filed this motion to compel arbitration and stay this action. Plaintiffs filed an opposition. Defendant Law Firm filed a reply. Relevant Facts Defendant Law Firm and Plaintiff Paul Bigham entered into an attorney-client relationship for Defendants to provide legal services regarding the sale of Plain...

Excerpt: ...stering the state-subsidized Home Safe program (“the Program”) providing housing assistance and other benefits, improperly and negligently deprived Richard Tonti (“Decedent”) of benefits, causing in his death, which otherwise could have been avoided. Specifically, she contends, Decedent was enrolled through the Program at PEP Housing and suffered from treatable health problems but Defendants required Decedent to vacate the PEP Housing on ...

Excerpt: ...er Code of Civil Procedure (“CCP”) § 2031.300. The motion is DENIED. Plaintiffs' request for sanctions is GRANTED. I. Relevant 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 ...

Excerpt: ... that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center (“SHC”) for recovery but Defendants' conduct resulted in her developing a Stage III pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community (“HSLC”) where Defendants allowed the wound to worsen, resulting ultimately in her death. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior ...

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...

Excerpt: ...im or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) The complaint in this matter was filed on March 17, 2022. It alleges that Defendant breached the terms of a workers compensation insurance policy and owes Plaintiff $96,343.38 together with interest. Proof of service of summons, complaint, and notice of assignment was filed on May 23, 2022. It states that Defendant was personally s...

Excerpt: ...453, 1457,1458, 1501, 1504, and 1505 and argues that counsel for the County has not provided Surety Bonds and have thus not shown that the County is not an illegitimate governmental entity. Government Code sections 1360 and 1363 relate to the oath taken by elected or appointed officers. Sections 1450, 1451, 1452, 1453, 1457, and 1458 pertain to official bonds. Sections 1501, 1504, and 1505 pertain to the condition and form of bonds. While no decl...