Excerpt: ...e court to make a final determination that the settlement is fair, reasonable, and adequate. In all other respects, however, the court finds that Plaintiff has resolved the issues which this court raised at the prior hearing. At the original hearing on this matter on October 5, 2022, this court found discussions of the discovery conducted in this litigation, the strengths of the claims, and the reasonableness of the settlement amount, to be inade...

Excerpt: ... case management conference on April 18, 2022, at which it had required the parties to appear, but no party appeared. Accordingly, the court ordered the entire action dismissed without prejudice. Motion Plaintiff moves the court to vacate the dismissal based on Code of Civil Procedure (“CCP”) §473(b) on the ground that Plaintiff had earlier submitted its request for entry of default and default judgment so had anticipated judgment to be ente...

Excerpt: ... The motion is DENIED. The contract which contains the arbitration agreement is the Plaintiff's sale contract between her and dealer Hyundai of Petaluma (“HOP”). (Ameripour decl., Exhibit 2.) The contract contains an arbitration provision which indicates that either Plaintiff or HOP, or HOP's employees, agents, successors or assigns, may choose to have a dispute between them decided by arbitration. (Ibid.) The arbitration clause provides that...

Excerpt: ...o establish an unpermitted and illegal cannabis operation, damaging the Property. Plaintiff dismissed Defendant Maxine, who had by then passed away. The remaining Defendants answered on April 5, 2022, at which time Defendant Charles also filed a cross‐complaint against Plaintiff. In his cross‐complaint, Charles seeks indemnification, alleging that any damage which Plaintiff suffered was the result of Plaintiff's own fault. At the case managem...

Excerpt: ...2019, and Permanent Injunction. Defendant has not filed an opposition to the application. Specifically, the Judgment “permanently enjoined and restrained” Defendant as follows: Defendant, and/or his successors in interest, and each of their agents, servants, employees, and persons acting on their behalf or in concert with them, are permanently enjoined and restrained from maintaining or allowing others to maintain or conduct any activity or u...

Excerpt: ...sts and expenses in the amount of $12,323.28. The motion is GRANTED. Attorney fees are awarded in the amount of $23,945.00. Costs are awarded in the amount of $7,881.13. 1. Legal Standards California courts use the lodestar analysis to determine reasonable attorney fees. (Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1132.) The lodestar amounts to “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Grp. v. Dr...

Excerpt: ... complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 108 Cal.App.4th 1028, 1037. The requests for judicial notice are GRANTED. The Court may take judicial notice of official acts and court records of this state. (Evid. Code §§ 452(c); (d).) Procedural History & Facts On April 4, 2...

Excerpt: ...�) and Defendant entered into a loan agreement by which Plaintiff loaned Defendant money in return for payments but that Defendant has defaulted by failing to make the payments. Plaintiff alleges that BANA assigned its interest in the loan account to Plaintiff. It has attached a purported copy of the agreement to the FAC. Demurrer Defendant demurs to the entire complaint “on the grounds that Plaintiff has failed to demonstrate it is the real pa...

Excerpt: ...d 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, or conclusions of fact or law, or the construction of instru...

Excerpt: ...t (the “Estate”), through its administrator Patrick Galligan (“Galligan”), has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Estate's Consolidated Complaint”). The Estate's interest in the Property has been bequeathed to Jeffrey Graves and Edward Graves (“Beneficiaries”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith...

Excerpt: ...penhausen filed suit against Defendants/Cross-Complainants Michael Funez and Linda Pardini alleging breach of contract and foreclosure of mechanics lien arising out of an agreement between the parties for the construction of Defendants' home. In exchange for reconstructing their home, Defendants were to pay Plaintiff $2,979,550. Plaintiff alleges that prior to the completion of the home construction, Defendants informed him that they were termina...

Excerpt: ...ecoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP § 1033.5(c)(2); Seever v. Copley Press, Inc. (2006) 141 Cal.App.4th 1550, 1558 & fn. 5.) “Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed fo...

Excerpt: ... notice. However, the matter was inadvertently also calendared for November 23, 2022. The court therefore is dropping this hearing date and will hear the matter on December 7, 2022, as ordered at the hearing of November 9, 2022. 3. SCV-265679, Tourady v Kemerait This matter is on calendar for the motion of Defendants Katherine Kemerait and Double K Ranch (“Defendants”) for an order pursuant to Code of Civil Procedure section 2031.320 compelli...

Excerpt: ...native request for a protective order is DENIED because the stipulated protective order approved by the Court on May 9, 2022 sufficiently protects Plaintiff's interests. The parties are reminded that such protective order remains in place and must be adhered to during their discovery practices. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Background: Plaintiff has broug...

Excerpt: ...ompel is DENIED. I. Procedural History During discovery, Defendants moved to compel an IME of Plaintiff. The Court granted Defendants' motion on July 26, 2021. The IME was ordered to occur on August 16, 2021 and August 17, 2021. Parties proceeded to the first phase of trial on May 31, 2022. The Court rendered a statement of decision on the first phase of trial on July 6, 2022. The second phase of trial is scheduled to begin on January 27, 2023. I...

Excerpt: ...for improvement work on real property belonging to Two Rock Volunteer Fire Department (“TRVFD”) adjacent to Plaintiffs' Property at 7599 Valley Ford Road (“TRVFD Property”). They allege that Air initially began installing an “electro-mechanical exhaust removal system” (“the System”) without a required permit but then applied for the Permit to allow it to install the System. Plaintiffs contend that the decision to issue the Permit ...

Excerpt: ...ed on Plaintiffs' Property, demanded Plaintiffs install fencing, placed obstructions on Plaintiffs' security camera, removed “Keep Out” and “No Trespassing” signs from Plaintiffs' Property, thrown rocks at Plaintiffs' house, entered Plaintiffs' garage and yelled at a contractor working there, and thrown an item at Plaintiff Renee E. Amochaev (“Renee”). Plaintiffs assert that they and their attorney have repeatedly asked Defendant to s...

Excerpt: ...tes of limitations. Durgin demurs to the Fourth Cause of Action for Negligence on the grounds that Plaintiff failed to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e), and that it is barred by the applicable statute of limitations, including those provided in Code of Civil Procedure sections 335.1 and 338(a). The demurrers are OVERRULED. Plaintiff's complaint alleges causes of action fo...

Excerpt: ...t against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrogation case as well. Insurer's mat...

Excerpt: ...d Road, Santa Rosa, California (“the Premises”) in such a manner that they negligently caused a tree to fall on and injure him. Plaintiff was allegedly on the Premises when as part of his employment with a third party, AAA Tree Service, LLC (“AAA”) and that Defendants knew that he would be on the Premises and that the trees had become hazardous as a result of a fire. He complains that Defendants designed, planned, and controlled the proce...

Excerpt: ...th action wherein Plaintiffs allege that defendant Michael Young (“Young”), while in the course and scope of his employment with Transform, struck decedent Allen Joson, causing his death. On January 11, 2022, defendants Young and Transform (together “Defendants”) filed their answer. Their fourth affirmative defense alleges negligence/fault of others. On August 11, 2022, Plaintiffs served Transform with a Notice of Deposition scheduled for...

Excerpt: ...y of success. CCP section 526(a)(1); San Francisco Newspaper Printing Co., Inc. v. Sup.Ct. (Miller) (1985) 170 Cal.App. 3d 438, 442. 4. In the instant case, Petitioners have not demonstrated a threat of irreparable injury. 5. Should Respondent continue with the challenged administrative proceeding, Petitioners can use established methods of challenging the Permit. a. Petitioners have the options of challenging it in the hearing proceedings, filin...

Excerpt: ...rt CRC 3.1300©. 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-k...

Excerpt: ...ived at trial is insufficient as a matter of law to support the jury's verdict, and that a motion for directed verdict in favor of Jose Alves could have and should have been granted during trial had such motion been made. Plaintiff has also given notice that he intends to move for a new trial pursuant to CCP section 657(1) and (6). A party moving for judgment notwithstanding the verdict and a new trial must serve upon all other parties and file a...

Excerpt: ...are filed, this Court will take the compliance hearing off- calendar.” (May 12, 2022 order.) On October 14, 2022, Plaintiff filed the declaration of Taylor Mitzner (“Mitzner”), the case manager at Phoenix Settlement Administrators (“PSA”), on behalf of the settlement administrator regarding Plaintiff's final accounting. The Mitzner declaration indicates that the total amount to be distributed to 478 class members was $224,775.02. (Mitzn...