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: ...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: ...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: ...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: ...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: ...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: ...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: ...he Property”) and that Defendant holds a deed of trust (“DOT”) on the Property securing a loan to Plaintiff (“the Loan”), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and other charges, and failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive r...

Excerpt: ...n Management, Inc., Vallen W. Cooper, CPM, Inc., Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") answer to the Complaint, and to affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 and 25. The demurrer is made pursuant to Code of Civil Procedure section 430.20 (a) on the basis affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 ...

Excerpt: ... distress, menace (extortion), and conspiracy (the “Complaint”). Defendant filed an Anti‐SLAPP motion pursuant to Code Civil Procedure (“CCP”) § 425.16. The Anti‐ SLAPP motion was a granted by this Court on April 13, 2022, (“Order”) and is presently on appeal. This matter is on calendar for Defendant's Motion for Attorneys' Fees and Costs. Judicial Notice Defendant requests the Court take judicial notice of the Complaint filed by...

Excerpt: ...ndividual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USI”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements with USI contain provisions purporting to restrict their ability to compete with USI once they had left USI's employ, and also re...

Excerpt: ...s‐Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger and Defendant are “Cross‐Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two cau...

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: ...hat Andrew breached an agreement (“the Agreement”) requiring him to give Catarina a right of first refusal in any sale of Andrew's Property. Instead, she contends, Andrew entered into an agreement to sell Andrew's Property to KS. Andrew filed a cross‐complaint, subsequently amended, against Plaintiff seeking an accounting plus forfeiture and return of trust assets. After protracted litigation, the matter went to bench trial in March 2022, a...

Excerpt: ...tal. 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. Plaintiff had two skin grafts and a very painful debridement procedure to remove dead tissue, and she has significant permanent scarring over a wide area of her back. Paramedics and other emergency rescue personnel are entitled to the benefit of the general rule that, absent a special relationsh...

Excerpt: ... July 8, 2022, Plaintiff's attorney substituted out of this action, leaving Plaintiff self‐represented. On January 6, 2023, this court granted the motion of Defendants Andrea van Voorhis and Barton White van Voorhis III (collectively, “the Voorhis Defendants”) to continue the trial in this action, continuing the trial to June 30, 2023. Motion The Voorhis Defendants move the court for summary judgment against Plaintiff's complaint on the bas...

Excerpt: ...he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid‐19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and Notice At the last hearing, the only proof of service which Plaintiff filed was the one it filed at the same time as...

Excerpt: ...dar for the motion by the Plaintiff for summary judgment and adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is CONTINUED to April 12, 2023, at 3:00 pm in Department 19. Defendant's cured Opposition papers shall be due by March 17, 2023. Plaintiff's updated Reply in Support, if any is necessary, shall be due March 30, 2023. 1. Evidentiary and Pleading Issues “The opposition papers...

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 ...

Excerpt: ...t without offering aid or providing her insurance information, in violation of Vehicle Code section 20002. Defendant's flight, they add, increased their injuries by adding additional emotional distress and was intentional and in conscious disregard of Plaintiffs' rights. Motion Defendant moves to strike the portion of the complaint seeking punitive or exemplary damages. They contend that Plaintiffs have failed to satisfy the requirements for reco...