Excerpt: ...Procedure section 1032, which provides, in subdivision (b), that ‘[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Santisas v. Goodin (1998) 17 Cal.4th 599, 606 (“Santisas”).) “For the purpose of determining entitlement to recover costs, Code of Civil Procedure section 1032 defines ‘prevailing party' as including, among others, ‘...

Excerpt: ...idelity”) filed this action for interpleader on September 7, 2021, subsequently amending the complaint to the operative second amended complaint (“SAC”). In the SAC, Fidelity names Defendant William R. McCarty, Jr. (“McCarty”), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 (“Della 2019 Trust”), Defendant Heidi Darling (“Darling”) as successor trustee to the W.R. McCarty Re...

Excerpt: ...rdinances and a use permit. This matter has a lengthy procedural history, so the court has only included procedural history as relevant to this motion. On March 7, 2022, Plaintiffs filed a complaint in SCV-270339. On July 27, 2022, the court ordered case number SCV-270339 be consolidated with the previously consolidated case numbers SCV-266225 and SCV-266731, with the lead case number for these consolidated cases being SCV-266225. On August 23, 2...

Excerpt: ...l abuse that occurred at its school. The Complaint alleges four causes of action: 1) unfair business practices (Bus. & Prof. Code § 17200); 2) violations of California's false advertising law (Bus. & Prof. Code § 17500 et seq.); 3) constructive fraud (Civ. Code § 1573); and 4) fraud by concealment. On September 7, 2022, Defendant filed this demurrer to the Complaint. Defendant demurs generally to each cause of action on the grounds that they f...

Excerpt: ...it a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Defendant's Request for Judicial Notice: Defendant requests the Court take judicial notice of the following: 1. Defendant's assertion that Consuelo Enriquez never agreed to the written agreement alleged and attached as Exhibit A to Plaintiff's SAC as to any property. 2. Defendant's assertion that Consuelo Enriquez never agreed to any oral agreement with P...

Excerpt: ...d by authority. Furthermore, Defendant's motion is not frivolous. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: 1. Legal Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (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...

Excerpt: ...dication of each of Plaintiff's three causes of action alleged against them. In her opposition, Plaintiff has agreed to withdraw her First Cause of Action for Premises Liability on the theory of dangerous condition of public property and her Second Cause of Action for General Negligence. Plaintiff is only pursuing her Third Cause of Action for Breach of Mandatory Duty. Therefore, the motion for summary adjudication of the First and Second Causes ...

Excerpt: ...and operated by Sunita Ram and Mohammad Salim Ibrahim, both individually and doing business as Sam's Market #8, a business located that the Property (“Sam's Market Defendants”), when he was struck by a vehicle that was backing out of the parking lot of the Property, driven by Michelle Williams (“Defendant Williams”). Plaintiff further alleges that the Ghanayem Trust Defendant and the Sam's Market Defendants were negligent in their design,...

Excerpt: ...plaint filed by Plaintiff Daniel Hester (“Plaintiff”). The demurrers to Plaintiff' first cause of action for negligence, fourth cause of action for vicarious liability for employees, and fifth cause of action for liability of government employees pursuant to Government Code section 840.2 are SUSTAINED without leave to amend. The demurrers to the second cause of action for dangerous condition of public property and third cause of action for no...

Excerpt: ...nt alleges that defendant John Randall Hayslip (“Hayslip”) was riding his bike when he suddenly turned directly into Plaintiff's path while she was riding on her Vespa. The collision caused her to fall from the Vespa and hit her head on the ground. As a result, she sustained serious injuries including traumatic brain injuries. With respect to Defendant, the complaint alleges that she negligently entrusted the bike with Hayslip despite knowing...

Excerpt: ...ees and costs pursuant to Cal. Civ. Code (“CCP”) § 386.6 (s). The Motion is GRANTED, in the amount of $10,746.42. Cross‐Complainants also have filed a motion to set aside clerical error with a date already assigned to it. The form of this motion did not comply with Sonoma County Local Rule of Court 5.1 (C), and had attempted to assign the instant date to their motion filed in late December. Due to a clerical error on the part of the Clerk'...

Excerpt: ...tar” fees as requested but a modifier of 1.4. The court will make a final determination as to the exact amount of fees once it has clarified and determined the amount to be subtracted from the total for the work on the appeals. Facts and History Petitioner seeks a writ of mandate setting aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non‐Industrial Timbe...

Excerpt: ...mpose sanctions on Defendants/Cross‐Complainants pursuant to Code of Civil Procedure section 128.7, consisting of striking causes of action 1‐5 in the cross‐complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. This court denied the motion and also denied Defendants' request for sanctions. Motion Defendants move the court for leave to file a first amende...

Excerpt: ...nification as to the claims of Plaintiffs Latchmi Lala and Kevin Lala (together “Lala Plaintiffs”) per the contractual terms of the subject lease agreement entered into between Plaintiffs and Defendants. The motion is GRANTED. Plaintiffs filed their complaint on May 26, 2021, alleging causes of action against Defendants for (1) Premises Liability; (2) Negligence; (3) Intentional Misrepresentation; (4) Breach of Contract; (5) Breach of Warrant...

Excerpt: ...al assault of Plaintiff while undergoing a psychiatric hold (the “FAC”). This matter is on calendar for the motion by Universal to compel further answers to special interrogatories (SIs) against Plaintiff under Code of Civil Procedure (“CCP”) § 2030.300. The Motion is DENIED. 1. The Discovery Requests Universal served special interrogatories on Plaintiff on June 29, 2022. Plaintiff provided unverified responses with objections on August ...

Excerpt: ...d Fradelizio are the “Individual Plaintiffs”), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the busin...

Excerpt: ...II 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 Living Community (“Pacifica”) has been served with the summons and complaint or appeared in this action. Deposition On August 8, 2022, Plaintiffs served Defendants wi...

Excerpt: ... and again on February 25, 2022. The Motion is GRANTED in part as to compelling production, DENIED as to the non‐monetary sanctions, and GRANTED as to monetary sanctions. The court orders Defendant and/or their counsel to pay sanctions in the amount of $2,730.00 within 30 days of the court's order. 1. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was err...

Excerpt: ...tlement amount. The parties are ordered to APPEAR. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the se...

Excerpt: ...o believe Plaintiff was subject to the childhood sexual abuse alleged in the Complaint. The Court reviews the certificates of merit in camera to determine if there is a “reasonable and meritorious cause for the filing of the action” against each particular defendant, and if such finding is made, the duty to serve that defendant arises. (CCP § 340.1(i).) The fact that the certificates of merit are reviewed in camera before the complaint may b...

Excerpt: ... Care & Children's Health Initiative” (the “Initiative”) to submit signatures for qualification of the Initiative for the November 2024 election, and to allow the Registrar of Voters to accept and examine additional signatures, notwithstanding the requirements that all sections of initiative petitions be submitted to county officials at the same time and that no further action be taken on a petition that initially fails to qualify. Petition...

Excerpt: ...iv. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on August 11, 2019. Plaintiff filed the instant suit on October 5, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Ryan Buoscio in Support, Exhibit C (the “Decemb...

Excerpt: ...Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure This matter arises out of a series of business transactions between the Plaintiff, Defendant, and the Company. Plaintiff and Defendant are the only shareholders within the Company. The parties have all signed a shareholder agreement, which includes various terms regarding the operation of the Company. See ...

Excerpt: ...n against Defendants Harold Petersen, Steven Petersen and Bethany Zoe (together “Defendants”) arising out of a right of first refusal in a lease agreement for real property located at 801 E. Washington Street, Petaluma (the “Property”). The Estate of Harriet Knott (the “Estate”), through its administrator Patrick Galligan (“Galligan”), filed a complaint against Plaintiff which has been consolidated into this case with a cause of a...

Excerpt: ...y to cure the defects, Defendant failed either to cure the defects or repurchase the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song ‐Beverly Consumer Warranty Act (“Song‐Beverly”) is at Civil Code (“CC”) section 1790, et seq. Discovery Plaintiff served Defendant with a First Set of Requests for Production of Documents (“RFPs”) on June 30, 2022 and Defendant served unverified ...