Excerpt: ...fects and nonconformities to warranty regarding Plaintiff's 2019 Chevrolet Silverado 1500 (“Subject Vehicle”). (Motion, 3:2- 1 3 . ) Plaintiff served GM with a notice of deposition of its PMQ with a demand for document production. ( Id . at 3:14-22.) The topics for examination included: (1) G M 's p r e -lit ig a t io n a n a ly s is a s t o w h e t h e r t h e 2 0 1 9 Ch e v r o le t Silv e r a d o 1 5 0 0 should be repurchased; (2) all repa...

Excerpt: ...n. Th e m o t io n is D EN IED . 1. Co m p la in t Plaintiff's complaint alleges it is the owner of real property located at 23250 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Prope rty alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escrow closed on March 31, 2021. On May 7, 2021, Arthu...

Excerpt: ...e was a minor. (Motion, 1:21-25. ) After Defendant Roman Catholic Bishop of Santa Rosa filed for bankruptcy protection, a case management conference was set in this matter for June 1, 2023, which Plaintiff failed to appear at because Plaintiff's counsel failed to calendar the hearing. ( Id . at 1:26- 28, 2:1-2.) The Court set an Order to Show Cause hearing for July 13, 2023, for which Plaintiff's counsel filed a case management statement, but fai...

Excerpt: ...class representative; appointing Matern Law Group, PC as Class Counsel; appointing Phoenix Class Ac t io n Ad m in is t r a t io n So lu t io n s a s t h e settlement administrator; directing Defendants to furnish certain information about proposed class members; and scheduling the final approval hearing. Th e hearing is CONTINUED to May 8, 2024, at 3:00 p.m., in Department 16, to allow Plaintiff to address the issues raised below. “A trial cou...

Excerpt: ...M o t io n , 2 : 5 -10.) The jury also awarded attorney's fees plus prejudgment interest an d punitive damages. ( Id . at 2:11-1 6 .) P la in t if f n o w seeks prejudgment interest per Civil Code 3287(a) for the total amount of $666,075.01 against Defendant. ( Id . at 2:17-18.) EVID EN TIARY O BJ ECTIO N S “All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion....

Excerpt: ...in Napa County. Defendants have not yet answered, or appeared in this action in any way. On October 31, 2023, Plaintiffs filed the instant motion for venue change, averring that “This suit was inadvertently and erroneously filed in Sonoma County Superior Court.” II. Napa County is the appropriate venue for this lawsuit “[I]f a defendant has contracted to perform an obligation in a particular county, the superior court in the county where th...

Excerpt: ...��P la in t if f ”) b r o u g h t t h is a c t io n a g a in s t Defendant for violations of Sonoma County Municipal Code Chapter 13 Section 1, private nuisance, and public nuisance, after Defendant cleared a certain number of dead and dyi ng trees that had been burned during the Tubbs fire through Defendant's lands pursuant to the directions from California's Department of Forestry and local officials. (Motion, 2:15 -2 4 .) Ultimately, without...

Excerpt: ...D. Cross -Co m p la in a n t Th o m a s Ke lly , III (hereafter, “Thomas”)'s objection to John's oversized opening brief is SUSTAINED. While John's opening brief is only one page over the limit of the Ru le s o f Court, there is a pattern of John filing oversized briefs without first obtaining leave of Court. Thus, the Court exercises its discretion not to consider the last page of John's opening brief. Thomas's request for judicial notice is...

Excerpt: ...nd Does 1 -50 arising out of alleged misconduct in representing Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of contract; 2) negligence; 3) negligent misrepresentation; 4) fraud; 5) failure to disclose; 6) violations of Business and Professions Code § 17200 (“UCL Claim”); 7) rescission; and 8) b r e a c h o f f id u c ia r y d u t y . This matter is on calendar for Buye...

Excerpt: ... Evide nt iary and Proce dural Issue s The Court notes that Defendant's reply is over length, presenting 12 pages of substantive argument, where the page limit for replies is 10 pages. Cal. Rule of Court Rule 3.1113(d). The Court, on its own motion, strikes pages 12 -1 3 fo r f a ilin g t o c o m p ly w it h the Rules of Court. II. Procedural Hist ory Plaintiff brought this action against Defendant on or about August 5, 2020, alleging she suffere...

Excerpt: ...lowing Smashmallow to conduct limited discovery to determine whether VADO has the minimum contacts with California necessary for this court to have jurisdiction over it. VADO opposes the motion arguing that Smashmallow's discovery is not limited to the issue of jurisdiction. Smashmallow served a Notice of Deposition of Defendant VADO Beheer B.V. by and through Person or Persons Most Knowledgeable Pursuant to CCP § 2025.230. (“Depo Notice”) (...

Excerpt: ...iginal beneficiary of the Deed of Trust (DOT) for this property, Defendant Deutsche Bank National Trust Company (Deutsche) is the current beneficiary of the DOT, Defendant Nationstar Mortgage LLC dba Mr. Cooper (Mr. Cooper) is the servicer of the loan secured by the DOT, and Defendant The Mortgage Law Firm, PLC is the Trustee of the DOT. After Plaintiff's wife passed away, Plaintiff's daughter began managing Plaintiff's financial matters. After r...

Excerpt: ...2 and 2572 ½ Bodega Avenue, Petaluma, California (APN 021-041- 025) (the “Subject Property”). (Undisputed Material Fact [“UMF”], ¶ 1.) The parties dispute the size of the Subject Property. Mendonca says it is ½ acre. Linsenmeyer claims it is larger. Both agree it is improved by a main residence and accessory dwelling unit (“Unit 2572 ½”). (Ibid.) The parties inherited the Subject Property from Mendonca's father Johnnie Lear (“Le...

Excerpt: ... Underlying facts Plaintiff M.A. Silva Corks (“Silva”), a manufacturer of wine packaging, began leasing a warehouse in north Santa Rosa from defendant Ursus Development (“Ursus”) in 2014 with an option to buy. Ursus agreed to make improvements to the building, including modification of the roof and installation of batt insulation under the roof. Ursus hired defendant and moving party DES Architect and Engineer (“DES”) to provide the a...

Excerpt: ...regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts to enforce it. In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 35-36. CCP § 2025.450(g)(1) provides that a monetary sanction “shall” be imposed against the party losing a motion to compel deposition unless the court finds “...

Excerpt: ...(Motion, 1:2-4.) The sales contract Plaintiff entered into with Bone contained an arbitration provision covering claims that arose out of the purchase or condition of the Nissan Rogue. (Id. at 1:9-13.) Plaintiff and Bone were signatories of the sales contract but not Nissan, and the contract expressly applied to Bone and its agents. (Ibid.) The relevant portions of the arbitration provisions read as follows: “You agree to the terms of this cont...

Excerpt: ...ht surety companies and insurers, relating to breach of contract, construction defects, and negligence (the “DXC”). The Hollys have thereafter filed a cross-complaint for indemnity and breach of contract against the ten subcontractors named in the DXC, along with eleven more subcontractors not named therein (the “HXC”). This matter is on calendar for the motion by the Hollys to designate the case complex under Cal. Rules of Court (“CRC�...

Excerpt: ...arranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; and 3) violation of §1793.2 under the Act. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respon...

Excerpt: ... Two, Nos. 34, 36, and 43. The motions are DENIED as to all other discovery. Jacoby requested sanctions of $13,050.00 against Defendant. Sanctions are partially GRANTED for the reduced amount of $6,525.00. Procedural History Jacoby commenced this wage and hour class action against Defendant for alleged violations of various Labor Codes. (Motion to Compel Further Responses re Production Requests [“MTCFR PROD”], 3:25-27.) Jacoby served set one ...

Excerpt: ...tion-free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of entry of order. Procedural History This Court previously entered a default judgment against Defendants. Afterwards, Plaintiff propounded written interrogatories and demands for production on Defendants, and Defendants never responded, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff br...

Excerpt: ... Inc. (“Eno”) (all together “Defendants”), as well as Does 1- 40, arising out of alleged breach of contract and construction defects. Cross- complaints from Wahidi, Eno, and SR Iron have each followed. This matter is on calendar for a motion by the Plaintiff to designate the matter complex under Cal. Rule of Court (“CRC”) Rule 3.400. The Court has also continued the Case Management Conference (“CMC”) from February 1, 2024, to the ...

Excerpt: ...n or in her counsel's declaration. Nellessen simultaneously moves to compel the deposition of Defendant's person most knowledgeable (“PMK”) and requests leave to reopen discovery. The Court GRANTS leave to reopen discovery and also the motion to compel the deposition of Defendant's PMK. Procedural History Defendant served Nellessen's counsel with the five depositions subpoena production of business records on the Subpoenaed Entities and notic...

Excerpt: ..., LLC (“CES LLC”) and the Oregon Corp. The cross- complaint alleges that CES LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell CES LLC certain scientific equipment. Shimadzu alleges that CES LLC has failed to pay all invoices. In addition, Shimadzu alleges that CES LLC transferred its personal property to the Oregon Corp., including the scientific equipment that is the subject of this case without receiving the reasonab...

Excerpt: ...ourt of the status of the Goodwin action. Unless ordered otherwise, the parties shall attend a status conference on August 27, 2024, at 3:00pm. The parties may attend the status conference remotely. Defendant shall prepare the order for the Court in compliance with CRC 3.1312. I. Governing law A. 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....

Excerpt: ... to take her son out of a car which Defendant was driving. Only one Plaintiff, Jeanine Grider (“Plaintiff” or “Jeanine”) is identified as a party, and she is self-represented, but the FAC appears to assert claims on behalf of minor son, William Grider (“William”). Defendant answered the FAC and later brought a special motion to strike the sixth cause of action pursuant to Code of Civil Procedure section 425.16. The court granted that ...

Excerpt: ...mnity. The 1XC incorporates the allegations of the complaint which allege that defendants PG&E, Mountain, and Moreno Consulting Group, Inc. (“Moreno”) in 2020 owned, possessed, supervised, operated, maintained, leased, occupied, and/or otherwise controlled a worksite in Santa Rosa near 6101 Cleland Road in Santa Rosa. (Complaint ¶10.) On October 12, 2020, while Plaintiff was at the property, Defendants' alleged negligence caused a tree to fa...

Excerpt: ... Nathaniel Engquist is OVERRULED. The motion to strike is MOOT. 1. Note regarding combined motions The County has filed three motions as one. The County should note that it is the practice in this court for demurrers and motions to strike to be filed as separate motions. 2. Complaint This action involves property owned by the Howard Jay Engquist 2010 Revocable Trust. On March 24, 2010, Howard recorded a deed granting real property located at 250 ...

Excerpt: ... TRVFD, “Defendants”), arising initially out alleged violations of the Court's orders in another case, SCV- 266225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of...

Excerpt: ...tentative ruling and in compliance with Rule 3.1312. Analysis: CCP § 1048 states that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (CCP § 1048(a).) “The court...

Excerpt: ... any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” Plaintiff argues that Defendant's motion to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appea...

Excerpt: ... pay Plaintiff the full amount owed after Plaintiff suffered a loss (the “Loss”) to the Property. Motion Defendant moves the court for a protective order shielding it from the burden and expense of responding to Plaintiff First Set of Requests for Admission (“RFAs”), First Set of Requests for Production (“RFPs”), and First Set of Special Interrogatories (collectively, the “Discovery”). Alternatively, it asks the court to extend th...

Excerpt: ...verages 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 $6,381.54, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on November 16, 2021, and obtained a default judgment against them on January 12, 2022 for $9,249.34. Post-Judgment Discovery Plaintiff served Defendants by mail wit...

Excerpt: ...ng to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $15,795.66, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on May 25, 2023, and obtained a default judgment against them on June 23, 2023 for $20,425.41. Post-Judgment Discovery Plaintiff served Defendants by mail with post-judgment discovery on July 25, 2023; the discovery included one set of production de...

Excerpt: ...Sonoma County but does have an office in San Francisco and that, according to Revenue and Taxation Code (“RTC”) section 6933, venue is proper only in a county where the Attorney General maintains an office. There is no opposition to the motion. When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a pro...

Excerpt: ...lying Facts: Carmen Marinsik (hereafter, “Marinsik”) was the owner of 1928 Camino Del Prado, Santa Rosa, California. (Undisputed Material Fact “UMF”, 1.) This residence was destroyed in the October 2017 Tubbs Fire. (UMF, 2.) Marinsik intended to rebuild the residence on the Camino Del Prado property and hired Defendant Gregory Mitchell dba Mitchell and Company as her general contractor to handle all aspects of rebuilding the residence. (U...

Excerpt: ....050, Defendant requests monetary sanctions in the amount of $2,700 and the amount of attorney fees and costs incurred to bring this motion. As Plaintiff has now provided a signed authorization to release the footage, the discovery issue is MOOT. Sanctions are granted in the amount of $1,435 for Cloverdale having to bring this motion. Plaintiff's complaint alleges that she was injured due to a dangerous condition of public property located near M...

Excerpt: ... issuing water well permits for groundwater extraction; and adopt and implement policies and procedures to ensure consideration of the impacts of water well permits on public trust resources and uses and also to prevent harm from the impacts of such permits. Petitoners set forth two identified causes of action, both seeking a writ of mandate: 1) Violation of CECA, and 2) Failure to Comply With Mandatory Duties Under the Public Trust Doctrine. In ...

Excerpt: ...: Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of achon. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read asa whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not...

Excerpt: ...pports recovery for a stale mechanics lien claim under a nuisance cause of action. The demurrer based upon standing and the economic loss rule is OVERRULED. The demurrer to the second cause of action for nuisance is SUSTAINED. On September 18, 2023, Plaintiff filed his complaint against Defendants alleging that they failed to use a professional level of skill when they performed certain land surveying services. Plaintiff alleges that in depositio...

Excerpt: ... costs be stricken. The motion is GRANTED as to expert fees and attorney fees. The motion is otherwise DENIED. 1. Lee is a prevailing party pursuant to CCP section 1032 A "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that def...

Excerpt: ...earing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to awid unnecessary costs or delay." (CCP S 1048(a).) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action ass...

Excerpt: ...Dave Leuschner and James Leuschner. As for the subpoena served on the LLP, this court directs the LLP to submit responsive documents to Department 16's chambers within 15 days of this order for in camera review. On November 15, 2023, Defendants issued deposition subpoenas for business records to Dave Leuschner; James Leuschner; and Plaintiffs' attorneys, the law firm Perry, Johnson, Anderson, Miller, & Moskowitz, LLP. (O'Rourke decl., 94, Exhibit...

Excerpt: ...ar for the moton by Corporate Defendant seeking to compel further responses to requests for production of documents set one ("RPODs"), Nos. 4, 24, 27, 36, 48, and 58, and request for sanctions in the amount of $5,510.00, from Plaintiff under Code of Civil Procedure ("CCP") S 2031.310. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored info...

Excerpt: ...rder on this motion. Defendants' counsel shall submit a written order consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Analysis: Requests for Production of Documents A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. (CCP S 2031.210(a).) If only part of an item or ca...

Excerpt: ...y premiums, but Defendant failed to pay premiums owed. It seeks to collect the unpaid premiums. Plaintiff filed this action on June 26, 2023. It later filed a proof of service for the summons and complaint on September 6, 2023, purporting to show service on Defendant personally on August 2, 2023, at 3:39 p.m.at 689 Benicia Drive, santa Rosa, CA 95409. Defendant failed to appear, so Plaintiff obtained Defendant's default on September 26, 2023. Pla...

Excerpt: ...ez, "Defendants"), and Does 1-100. The Complaint alleges a variety of causes of action derived from work contracted to be performed by Defendants. Grape Land has filed a cross- complaint alleging further contract actions ("Cross-complaint"). This matter is on calendar for Plaintiffs' motion to strike particular claims from the Cross-complaint, or in the alternative, to require a bill of particulars under Code of Civil Procedure ("CCP"), S 454. Pl...

Excerpt: ...his matter is on calendar for Defendant's motion to strike pun-tive damages. The motion to strike is DENIED. Governing Law A. Motion to Strike Punitive Damages A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading its...

Excerpt: ...tions to compel answers to special interrogatories ("Sl") against Defendant under Code of Civil Procedure ("CCP") S 2030.300, and to compel compliance with Plaintiff's request for production of documents ("RPOD") under CCP S 2031.310. The motions are GRANTED. Governing Law A. Special interrogatories A party may propound up to 35 special interrogatories to another party. (CCP S 2030.030(a).) If the party propounds more than 35, it must attach to e...

Excerpt: ...a (the "Property"). Defendant has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appr...

Excerpt: ...t has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appropriate. See Cal. Evid. Code...