Excerpt: ...and CONTINUED to January 6, 2023, at 3:00 p.m. in Department 18. The parties are directed to engage in further meet and confer efforts for the purpose of agreeing on a referee or submitting the information requested by the Court below. Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling and in compliance with CRC Rule 3.1312. Standards on Summary Judgment Summary adjudication “shall be granted if ...

Excerpt: ...es that the Court may enter judgment pursuant to the terms of a settlement and, if requested by the parties, the Court may retain jurisdiction over the parties to enforce the settlement. “Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit.” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.) “Although a judge hearing a section 664.6 motion may receive evidence, determi...

Excerpt: ...ction for: 1) injunctive relief; 2) accounting; 3) judicial dissolution; 4) breach of fiduciary duty; 5) aiding and abetting breach of fiduciary duty; 6) fraud; 7) unjust enrichment; and 8) breach of contract. This matter is on calendar for the demurrer by Defendants to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action as to the sixth cause of action for fraud. ...

Excerpt: ...ntiff alleges in his complaint that while he was a minor and a patron of Defendant BGCS, Defendant Paul Kilgore, an employee of BGCS, sexually assaulted him during the course and scope of Defendant Kilgore's employment duties. Plaintiff alleges that Kilgore sexually assaulted numerous children during his employment as an athletic director, counselor, and mentor for children at BGCS. It is alleged that numerous complaints were made about Kilgore's...

Excerpt: ... The demurrer is SUSTAINED with leave to amend. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer, the running of the statute must appear “clearly and affirmatively” from the face of the complaint; it is n...

Excerpt: ...110. c. The pleading does not indicate when the actual injury occurred or when Plaintiff discovered the injury and the wrongdoing which caused it. d. It is therefore not clear when any cause of action accrued. 2. Failure to allege a misrepresentation of fact and inquiry notice. a. Plaintiff has alleged factual misrepresentation or concealment, claiming the Defendants secretly treated him as an independent contractor when Plaintiff thought he was ...

Excerpt: ...alligan”), 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 (“Cross-Complainants”) have filed a cross-complaint (“Cross-Com...

Excerpt: ...oson and Lesly Oporto as GAL for Jacob Oporto, a minor (“Plaintiffs”), allege that Young, while in the course and scope of his employment with Services, struck decedent Allen Joson from behind, causing his death. A criminal action is currently pending against defendant Young based upon the same facts at issue in this case. (See SCR‐748635‐1.) “To the extent that such privilege exists under the Constitution of the United States or the St...

Excerpt: ....12, 15.1, 16.2, 16.3, 16.4, 16.5, and 16.6; and Special Interrogatories, Set One, numbers 14 and 15. The motion is DENIED as to Form Interrogatories 2.3, 2.5, 2.7, and 14.1. Sanctions are awarded in Plaintiff's favor against Defendants and their counsel of record in the amount of $3,044.00. Plaintiff served Form Interrogatories, Set One, on Defendants on April 15, 2022. (Declaration of Josh West [“West Decl.”], ¶¶ 2, 3, Exs. 1‐2.) Plaint...

Excerpt: ...Plaintiffs”). The motion is DENIED. Plaintiff's second cause of action in their cross‐complaint alleges that plaintiffs William Tourady and Ginger Tourady (“Touradys”) are the owners by adverse possession of certain real property comprising a rectangular strip of land consisting of fifteen (15) acres, more or less, between the eastern border of Sonoma County Assessor's Parcel Number 106‐250‐011 as marked by a very old fence line runni...

Excerpt: ... of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for the motion by Defendant to compel responses to request for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) § 2033.280(b). I. Relevant Law Regarding RPODs, a demand for production may request access to “documents, tangible things, land or other property, and electronically stored information in the possession, custody, or cont...

Excerpt: ...pay wages due at separation of employment. 1. PAGA standards Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Cal Labor Code section 2699(a).) 75 percent of any penalties recovered go to the Labor and Workforce Development Agency (“LWDA”), leaving the remaining 25 percent for the employees. (Id. at (i).) PAGA is inten...

Excerpt: ...any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the i...

Excerpt: ...l interrogatories (SIs) against Defendant under Code of Civil Procedure (“CCP”) § 2030.300 and to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310. Aguilera filed an opposition on September 29, 2022, only four court days prior to hearing. The opposition is untimely and is not considered. The Motion is DENIED. I. The Discovery Requests Stonecushion served Aguilera with SIs Set One and RPODs on December 8, 2021...

Excerpt: ...t a case management conference for September 20, 2022, at 3:00 p.m., in Department 16. Accordingly, this motion is MOOT. #2: Motion for Terminating Sanctions This matter is also on calendar for the motion of Defendants Sutter Bay Hospitals dba Sutter Santa Rosa Regional Hospital and Cristina Cuellar (“Defendants”) for an order for terminating sanctions and entering judgment by default against Plaintiff Dan Diaz (“Plaintiff”). The motion i...

Excerpt: ... ICW and Defendant All-Terrane Excavating, Inc. entered into a written Settlement Agreement to resolve the issues raised in the complaint. Pursuant to the terms of the Settlement Agreement, it was agreed that commencing on September 15, 2021, Defendant would make to ICW, five (5) equal payments of $2,831.11 per month, and one final payment of $2,831.13, for a total of $16,986.68. All payments were due and were to be received by ICW on or before t...

Excerpt: ...valid. Plaintiff argues that the offer was invalid because a section 998 offer cannot include a requirement that Plaintiff indemnify and hold Defendant harmless against third party claims; rather, a section 998 offer must be unconditional. (MPA iso motion to strike/tax, p. 2.) This overstates the matter. In Valentino v. Elliott Sav-On Gas, Inc. (1988) 201 Cal.App.3d 692, cited by Plaintiff, the 998 offer required the plaintiff to release the defe...

Excerpt: ...rt's tentative ruling as he did not believe verifications would be provided prior to the hearing, but only that morning had received and provided the verifications to moving parties. He expressed uncertainty about whether he was required to request oral argument given that he had provided the verifications, but done so after the time to request oral argument had passed. He indicated he wished to argue the issue of sanctions. The Court concluded t...

Excerpt: ...Court granted the motion to quash because the Court determined that service was not properly effectuated through electronic means. The Court refers the parties to the Court's April 20, 2022 Minute Order. Petitioners argued at the time that the 100 day deadline for service set forth in CCP § 1288 had not yet passed because it had not begun to accrue. Petitioners argued this was because the arbitration award was served upon them electronically, no...

Excerpt: ...record. Facts and History Petitioner, an unincorporated association, brought a petition for writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. Petition...

Excerpt: ...tian Bowie, a branch manager at Chase Bank in Plainfield, was served in person with the Complaint and a Summons on May 2, 2022. See Exhibits “A” (POS) and “E” (Summons) to the Hamilton Declaration. It does not appear that Plaintiffs have attempted to serve Chase bank in any other manner. Chase Bank did not file a response; its default was entered on June 24, 2022. Chase Bank has moved for an Order quashing the service on the grounds that ...

Excerpt: ...Dale decl., ¶1.) Due to his position with RAC, he has access to, and is familiar with, RAC's business records, including personnel records. (Id., ¶¶2, 4.) Mr. Dale states that Plaintiff was hired by RAC as a Customer Service Representative on February 4, 2016. (Id., ¶5.) He states: “As part of Plaintiff's onboarding process, Plaintiff reviewed and completed new hire documents using Taleo, RAC's online onboarding platform. As part of the onl...

Excerpt: ...on by Defendant for leave of court to file a compulsory cross-complaint pursuant to CCP §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief (“Cross-Complaint”) for additional clarification as to the rights and responsibilities of the parties at issue in the Complaint. Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. Plaintiff and Defendant are both owners of the Property. C...

Excerpt: ...l Holzman arising out of the alleged wrongful termination, Plaintiff further alleged that there existed between him and Defendants Hines, Harper, and MacKenzie a “side-agreement” in which the three defendants agreed to pay Plaintiff $300,000 if he were terminated without cause. Defendants Hines, Harper, an MacKenzie have now entered into an agreement with Plaintiff to pay Plaintiff $352,500 in exchange for release of all the claims against th...

Excerpt: ...e set at premium 2022 local rates; (2) time spent on and costs relating to the “tree claims” were ordered excluded; (3) Defendant was ordered to submit an updated memorandum of costs which reflects deductions of the costs related to the tree claims and other costs conceded by Defendant as not recoverable; and (4) Costs for models, enlargements, and photocopies were ordered recoverable. The Court now issues the following ruling on the remainde...