Excerpt: ...settlement 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...

Excerpt: ... motion to compel Plaintiff's second independent neuropsychological examination. The Motion is DENIED. 1. Underlying Facts Plaintiff has filed the Complaint based on injuries allegedly sustained from being struck by a three‐tier U‐ boat cart. Plaintiff alleges that she suffered both physical and psychological damages as a result of Defendants' negligence. The parties stipulated to Plaintiff's mental examination, which was performed by Dr. Hoo...

Excerpt: ...on notice. Otherwise, the court will CONTINUE this motion to allow Defendant one opportunity to do so. Facts Alleging that she owns real property at 9766 Graton Rd., Sebastopol (“the 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...

Excerpt: ...inancial 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 (“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 co...

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: ... compel arbitration of the Cross‐Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Plaintiff's petition to compel arbitration and stay proceedings as to the Cross‐Complaint is GRANTED in part. 1. Facts and Procedure The Complaint in this matter arises out of a credit line extended to Defendant by Plaintiff. Plaintiff and Defendant had other business dealings which included a partnership agreement for the Kozy Kar. See Plaintif...

Excerpt: ... FAC alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). Plaintiff alleges that on February 12, 2020, she was involved in a motor vehicle collision caused by defendant Mary Neville (“Neville”). City's personnel, defendants Prokop and Burke (together “Paramedic Defendants”), responded to the scene and undertook to provide medical care to Plaintiff. The FAC allege...

Excerpt: ...o. 19 and SSUF No. 20. All other objections are overruled. Counsel for Defendant Jennifer Vertz shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Underlying Facts (all facts are derived from the parties' separate statements of material fact and the supporting evidence): Plaintiff, Jeffrey White, (hereafter “Jeffrey” or “Plaintiff”) was involved in a romantic relationship with Defendant...

Excerpt: ...final hearing shall be on June 2, 2023, at 3:00 p.m. in this department. I. The Complaint The FAC contains causes of action for: 1) violations of Labor Code §§ 510 and 1198 as to unpaid overtime; 2) violations of Labor Code §§ 226.7 and 512(a) for unpaid meal premiums; 3) violations of Labor Code § 226.7 for unpaid rest period premiums; 4) violations of Labor Code §§ 1194, 1197, and 1197.1 for unpaid minimum wages; 5) violations of Labor C...

Excerpt: ... When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 23, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $9,630.85. On June 17, 2022, Defendant filed a Notice of Appeal. 1. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor Commissioner. “As a condition to filing an appeal, an emp...

Excerpt: ...s Vallen W. Cooper dba Commonwealth Property Management; Commonwealth Property Management, Inc., Commonwealth Association Management, Inc., Vallen W. Cooper, CPM, Inc.; Vallen W. Cooper; Chad Cooper; Kellin A. Baker; and Kellin A. Baker dba Accurate Maintenance & Janitorial aka Accurate Property Services (“Defendants”) until after Plaintiffs' pending discovery motions have been resolved and Defendants have provided adequate discovery response...

Excerpt: ...etion in public employees and therefore did not impose mandatory duties; the Penal Code sections cited only contain definitions and therefore do not impose a mandatory duty; and discretionary immunity bars any cause of action for failure to discharge a mandatory duty claim under Welfare and Institutions Code §§ 328 (1998), 16501(f), and 16504. The demurrers are SUSTAINED with leave to amend. This matter is also on for the County's motion to str...

Excerpt: ...uding possible symptoms of stroke, so they took him to SRMH where the treating physician, Defendant Daniel Laird, M.D. (“Laird”) obtained medical history and information from Plaintiff, learned of the various symptoms, and took his blood pressure, but then told Plaintiff merely to go home, relax, and eat some food without conducting any further test or examination. Despite further warning signs and the fact that he needed assistance to leave ...

Excerpt: ...raph refers to the employee of Bremer Whyte Brown & O'Meara, LLP who are purported to have worked on Defendants' case. The Court addresses the objection to Exhibit 5 below. All other evidentiary objections are OVERRULED. Plaintiffs' motion to strike/tax Bluestone's costs is GRANTED in part and DENIED in part. The request to strike the memorandum of costs is denied. However, the request to tax defendant's costs is granted. Defendant Bluestone's co...

Excerpt: ...3(b) on the basis of neglect of counsel. The Motion is DENIED. 1. Procedural History Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. After extensions, SFPKOA served responses on May 25, 2021. Plaintiff and SFPKOA met and conferred regarding Plaintiff's perceived insufficiencies of the responses. The matter went unresolved and Plaintiff...

Excerpt: ...Defendant both as an individual, and Trustee. Request for Entry of Default ¶ (1)(c). Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. Defendant moves the Court to set aside his default. Defendant points out on reply that Plaintiff's opposition was late. Cal. Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. However, per CCP § 1005, Plaintiff's opposition wa...

Excerpt: ...ntends that Lucas had knowingly served Skinner too much alcohol even after he was obviously aggressive, was aware of Skinner's conduct before Skinner verbally abused and attacked Plaintiffs, had no proper security measures in place, and made no effort to restrain or remove Skinner, or to help Plaintiffs. Lucas filed a cross‐complaint against Plaintiffs and Life is Amazing, LLC (“LIA”), an entity which Lucas contends is Plaintiffs' alter ego...

Excerpt: ...ction of documents (“RPODs”) against UPA under Code of Civil Procedure (“CCP”) §§ 2030.290, 2031.300. The motion has been rendered MOOT by UPA's subsequent provision of discovery responses. Plaintiffs' request for sanctions is GRANTED. 1. Governing Law Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding part...

Excerpt: ...dant's Ordinance No.2021‐011, which regulates short‐term rentals. Discovery Defendant on April 22, 2022 served Plaintiff with sets one of Special Interrogatories, Form Interrogatories, Request for Admissions (“RFAs”), and (4) Request for Production of Documents (“RFPs”). Hepler Dec. Plaintiff received several extensions of time for responding and eventually served unverified responses, with a mixture of objections and substantive resp...

Excerpt: ...st Bruce Safer and Cynthia Wise dba Safer Properties Real Estate and Property Management (“Defendants”). The complaint alleges that Defendants owned, managed, and negligently maintained a dangerous condition on their property consisting of a shower and that said shower resulted in injury to the Plaintiff. While not stated in the complaint, the parties state that Plaintiff claims he experienced a seizure while showing at property managed by De...

Excerpt: ...1. Legal Standards 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 § 436(b). However, “falsity,” must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP § 437. A motion to strike is also properly directed to unau...

Excerpt: ...except as otherwise provided in section 396a: “(I)f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurr...

Excerpt: ...Plaintiffs' counsel, A. Cabral Bonner and Charles Bonner (“Plaintiffs' Counsel”). The Court set the January 13, 2023 trial date in the instant case on March 10, 2022. On June 3, 2022 Plaintiffs' Counsel received confirmation of a trial date for January 9, 2023 in the federal criminal matter of The United States v. Anita Jackson, M.D., case # 5:21‐cr‐00259 (the “Jackson Case”). Plaintiffs' Counsel moved the court in the Jackson Case fo...

Excerpt: ...or the sale of real property to Plaintiffs Elia and Miguel Murillo by Defendant/Cross‐Complainant Thuy Machica. Defendant Juan Nieto, as an agent of Defendant Coldwell Banker, represented Plaintiffs in the transaction. Defendant/Cross‐Defendant Angelica Reynosa, as an agent of Defendant/Cross‐Defendant Homesmart, represented Cross‐Complainant Machica in the transaction. Cross‐Defendant Judith Browning is also an agent of Homesmart. Defe...

Excerpt: ...emurrer 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 (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions...