Excerpt: ...), Kubota K7872A Bucket, Kubota K7875A Bucket, Land Pride AP HD68LLC Bucket (VIN 1488812) (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant. The file contains proofs of service by substituted service on Defendant, which show service of the Complaint and the moving papers, and no opposition has be...

Excerpt: ...) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED without leave to amend. 1. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be gran...

Excerpt: ...s caused by her witnessing DOE being forced to come off the school bus naked. Dillard has already submitted to a psychological testing (by stipulation) administered by Dr. Hooker. By way of this motion, defendants request the following: (1) an order compelling plaintiff DOE to submit to neurocognitive testing performed by defense expert Dr. Amanda Steiner; (2) an order compelling plaintiff DILLARD to submit to a psychiatric interview by defense e...

Excerpt: ... cancellation of promissory note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. This matter is on calendar for the motion by Plaintiffs to compel inspection directed at the document requests set forth in Plaintiffs' second demand for inspection (the “DFIs”), and the motion by Plaintiffs for evidence, issue and monetary sanctions due to Defendant's failure. ...

Excerpt: ...itration. Luci is the General Partner of Vineyards, which was established on September 19, 1998, by Luci's father, Val Peline (“Val”). Vineyards has three limited partners which are trusts (“Limited Partners”) set up by Val for his children: Luci, Christopher Peline, and Yvette Peline. Christopher and Yvette are deceased. The beneficiaries of Christopher's trust are his two children. The beneficiaries of Yvette's trust are Luci and Christ...

Excerpt: ...me of arbitration if the motion to compel arbitration is granted. The motions are DENIED. When a party seeks to compel arbitration, the Court considers only two issues: (1) whether the parties formed an arbitration agreement; and (2) whether the arbitration agreement covers the underlying dispute. (Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218.) Only the second element is disputed. Under CCP section 1281.2, the trial court determine...

Excerpt: ... Conklin (the “Conklins”), in their capacities as trustees of the Conklin Living Trust dated September 4, 1998, Umpqua Bank, Old Republic Title Company, Thomas M. Reddy (“T. Reddy”), Catherine Reddy (“C. Reddy”), in her capacities as trustee of the Munro Lyeth “A” Trust dated February 5, 1991 and trustee of the Catherine Lyeth Reddy Revocable Trust, Stearns Lending, Unusource National Lender Services West, LLC, Mortgage electronic...

Excerpt: ... Paid Rest Periods; (4) Failure to Pay Premium Wages At The Legal Pay Rate; (5) Derivative Violations of Labor Code §203; and (7) Unfair Business Practices. On February 23, 2022, the parties participated in mediation with Steven G. Mehta. As a result, the parties have agreed to the settlement of $200,000 on a class-wide basis with no claim form requirement and no reversion to defendant. The settlement was preliminarily approved on August 24, 202...

Excerpt: ...lendar for Defendant's demurrer to both causes of action within the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(b) for lack of standing, and against the second cause of action pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a cause of action. As to the first cause of action, the Demurrer is OVERRULED. The Demurrer to the second cause of action is SUSTAINED with leave to amend. I. Legal Standards A d...

Excerpt: ...Relations. The demurrer is SUSTAINED with leave to amend. Onel's second cause of action is alleged against cross-defendants Tornado, Stella Miranda (“Miranda”), Enrique R. Lopez (“Enrique”), and POES 1-20 for Intentional Interference with Contractual Relations. Lopez alleges that his father Enrique owned 99% of real property located at 312 Broadmoor Street in Sonoma County (“the Property”). Onel alleges he owns 1% of the Property. He ...

Excerpt: ...is tentative ruling and in compliance with CRC Rule 3.1312. The Court exercises its discretion and considers the opposition, despite it being untimely filed by a day. Analysis: This Court previously sustained a demurrer filed by Defendants Community Support Network and Tom Bieri challenging the First Amended Complaint on the basis that Plaintiffs' causes of action are barred by the Worker's Compensation Exclusivity Rule. The Court found that Plai...

Excerpt: ...Amended Complaint is SUSTAINED. Defendant's Motion to File Documents Under Seal is GRANTED. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Cal. Rules of Court, Rule 3.1312 unless The Court instructs the parties otherwise at the conclusion of the hearing on this matter. Regarding Plaintiff's requests for Judicial Notice, the court takes notice of the following: 1. California Rule of Pr...

Excerpt: ...e of action and is uncertain. The demurrer to the fourth, fifth, sixth, and twelfth causes of action are SUSTAINED. Only the demurrer to the twelfth cause of action is sustained without leave to amend. The demurrer to the remaining causes of action is OVERRULED. On July 14, 2022, Lawrence Strick was appointed demurrer facilitator in this case. Despite the parties' good faith in meeting and conferring with the demurrer facilitator, no resolution w...

Excerpt: ...isor of the PMQ who was previously deposed by plaintiffs) is not a “percipient witness” in this case and that the PMQ that was already deposed (Jennifer Pacheco) already testified regarding defendant's policies and procedures and therefore the deposition of Mr. Bogan would be duplicative and a waste of time and resources. Defendants point out that this Court already denied plaintiff's motion to compel another further PMQ deposition. Plaintiff...

Excerpt: ...he document as a “motion” rather than a supplemental brief resulted in the clerk's office assigning a hearing date. Thus, a hearing was created on April 18, 2023 for hearing on Defendant's “motion regarding settlement credits.” Since it is clear that such document is the supplemental briefing requested by the Court on Defendant's motion for attorney's fees and costs, and not an entirely new motion, the Court orders the hearing on Defendan...

Excerpt: ...ness & Professions (“B&P”) Code section 17200, et seq. Motion Plaintiff seeks preliminary approval of a class‐action settlement (“the Settlement”) covering a class of about 1,885 current and former California resident employees, with a non‐reversionary gross settlement amount (“the Gross Amount” or “GSA”) of $295,000. The Settlement includes payment of attorneys' fees and cost up to one third of the GSA, about $98,332.35 plus ...

Excerpt: ....Bisno”); Cross-Complainants JAJ1, LLC; JAJ2, LLC; JAJ3, LLC; JAJ4, LLC; JAJ5, LLC (“JA Entities”); and Robert H. Bisno (“R.Bisno,” altogether “Bisno Parties”) to pay their pro-rata share of arbitration fees. The motion is DENIED. On December 16, 2020, this Court granted Palmer's motion to compel all but the indemnity cause of action alleged in the Bisno Parties' cross-complaint to arbitration based upon arbitration provisions provi...

Excerpt: ... request of the parties. The motion is DENIED. This matter was initiated on May 26, 2022. The complaint alleges that on August 23, 2007, Plaintiff James William Madden III (“Plaintiff”) signed a promissory note and first-lien deed of trust for a home loan (“the Loan”). In January of 2020, Plaintiff submitted a loan modification application to Wells Fargo Bank (“Wells Fargo”), the entity that Plaintiff believed was the servicer of his ...

Excerpt: ...ent records are ordinarily not available to the general public. “A school district is not authorized to permit access to pupil records to any person without written parental consent or under judicial order” except in certain situations not relevant here. (§ 49076.) c. Under its terms, educational institutions, must obtain written parental consent prior to releasing students' records or information derived therefrom; or “in compliance with ...

Excerpt: ...1300(c). Facts and History Plaintiff brought this action to abate public nuisances on real property at 2083/2085 Cooper Drive, Santa Rosa (“the Property”) in the Gordon Ranch Homeowners Association (“the HOA”), including various code violations and illegal dangerous conditions. Plaintiff alleges that for several years the Property has been in a state of serious disrepair, with health and safety violations, and has become “well‐known b...

Excerpt: ...nstate his license to practice law or to withdraw as counsel for Plaintiff. A copy of the Court's OSC was mailed to the State Bar. The Court directed Mr. Friedman to file any response to the Court's Order to Show Cause no later than nine Court days prior to the hearing. However, the Court has not received a written response and Mr. Friedman has not withdrawn as counsel on this case. The State Bar's website indicates counsel is still suspended. Ba...

Excerpt: ...he parties filed only case management statements prior to Plaintiff filing a dismissal of the entire action without prejudice on October 19, 2020. No further activity occurred in this action until March 29, 2022, when Plaintiff filed a motion to enforce a settlement agreement (“the Settlement”) which the parties allegedly executed on October 12, 2020 and enter judgment. Defendant did not file written opposition or otherwise contest the motion...

Excerpt: ...ll so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” CCP §2030.220(c). 3. As counsel are well aware upon receipt of a response, the propounding party may move to compel further response if it deems that an answer to a particular interrogatory is evasive or incomplete, an exercise...

Excerpt: ...cing her to choose retirement due to the conditions. She alleges that she had sought the accommodations allowing her to work full time from home in 2020 due to threat of Covid‐19 on the bases that she must minimize public exposure since her husband, Joe Lopes (“Joe”) is “immune‐compromised” and her own undisclosed “condition” for which she had received treatment from a “therapist.” In her complaint, Plaintiff provides no furth...

Excerpt: ...e same document was attached as an exhibit to the declaration of Cross‐Defendant's counsel, so the Court has considered it as evidence. As the prevailing party on this motion, Cross‐Complainant Sonoma Horse Park's counsel shall prepare a written order for this motion that is consistent with this tentative ruling and in compliance with Rule 3.1312. Cross‐Complainant Sonoma Horse Park's motion for summary adjudication is DENIED. Cross‐ Comp...