Excerpt: ...g party entitled to have fee award offset by the amount already paid in settlement by the other parties]; Bravo v. City of Santa Maria (9th Cir. 2016) 810 F.3d 659, 667 [non-moving party entitled to an offset of costs to the extent that the litigation expenses have already been reimbursed].) Not doing so would result in an improper windfall for Defendant. (Corder, supra, at 839.) Accordingly, Defendant Landmark is ordered to submit to the Court, ...

Excerpt: ...r sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 in the amount of $50,000 for Plaintiffs' allegedly meritless demurrer to JRK's amended answer. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California. JRK Residential is a subsidi...

Excerpt: ... (the “Cross-Complaint”). This matter is on calendar for the County's demurrer to the Cross Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, as well as the County's motion to strike pursuant to CCP § 435 et seq. An amended answer was filed June 7, 2022 which appears to address the County's concerns regarding the lack of verification of answer. Therefore...

Excerpt: ...GRANTED. I. Facts and Procedure This matter arises out of a credit line extended to Defendant by Plaintiff. As part of the cardmember agreement (see Defendant's Declaration in Support of Motion to Compel Arbitration, Exhibit 1 (“Defendant's Exhibit 1”), Plaintiff's Declaration in Support of Summary Judgment, Exhibit A [the “Cardmember Agreement”]), the parties have agreed to an arbitration provision. See Cardmember Agreement, pg. 6, (“A...

Excerpt: ...ated, Defendant brandished a firearm at a third party driving a Honda Civic. Defendant allegedly drove his Chevy Silverado into the Honda Civic multiple times causing both vehicles to block southbound US-101 in a perpendicular position. At the same time, Plaintiff was driving her Hyundai Tucson southbound on US-101. She was unable to avoid the vehicles obstructing the highway and collied into them. She obtained serious injuries. Plaintiff's compl...

Excerpt: ...e complaint, which is GRANTED. Trial currently set for October 7, 2022, is hereby vacated. Discovery is reopened. The Court hereby sets this matter for a Case Management Conference on January 17, 2023, at 3:30 p.m., in Department 16. The Court will reset the matter for trial at that time. Plaintiff is ordered to file the proposed amended complaint within 10 days of this order. “The court may, in furtherance of justice, and on any terms as may b...

Excerpt: ...(3),(b),(d); and for breach of the implied warranty of merchantability based upon Plaintiff's purchase of a 2015 Ford F-350 vehicle. Pursuant to this motion, Ford argues that each of Plaintiff's claims are subject to mandatory arbitration pursuant to the Retail Installment Sale Contract (“RISC Agreement”) which states that all disputes between the parties are subject to arbitration under the Federal Arbitration Act (“FAA”). Under the FAA,...

Excerpt: ...me”. Private Properties filed a cross-complaint 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 Renascen...

Excerpt: ...ff includes filed documents to be put in the record demonstrating compliance with this requirement. Whether Plaintiff files the documents prior to the hearing, or provides them at the hearing, however, Plaintiff must demonstrate to the court that LWDA notice has been satisfied. Should Plaintiff fail to cure this defect, the court will be required to continue the motion. Assuming the notice issue is satisfied, the court is inclined to approve the ...

Excerpt: ...e Defendant's designated bank account, sent by check, or to a third-party designee as requested by Defendant. (UMF, 5.) As the Account Holder, Defendant agreed to be individually liable for the amount on the account. (UMF, 6.) Under the terms of the Loan Agreement, so long as there was a balance on Defendant's account, Defendant was required to make a monthly payment to Plaintiff. (UMF, 7.) Defendant has failed to make regular payments on the acc...

Excerpt: ...sioner pursuant to FC § 31154 as a business and industrial corporation and that on September 18, 2017 the Commissioner took possession of the property and business of SAFE-BIDCO and is proceeding with the liquidation of its property and business pursuant to her exclusive authority under FC §§ 592, 601, 603. Petition Ex. A. On September 18, 2017 the Commissioner also appointed Robb Evans as Special Deputy Commissioner to act as her agent to ass...

Excerpt: ...rator Patrick 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”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants”) have filed a cross-complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for ...

Excerpt: ...iff will be discharged from liability with respect to the funds deposited with the court. Defendants are ordered restrained, pursuant to CCP § 386(f), from instituting or further prosecuting any other action in any state affecting the rights and obligations as between the parties to the interpleader until further order of the court. Plaintiff's counsel shall submit a written order consistent with this tentative ruling. Due to the default of all ...

Excerpt: ...r Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendants); and 2) negligent repair (against both Defendants). This matter is on calendar for the motion to compel arbitration filed the Defendants pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1-16. The Motion is GRANTED. This matter is stayed until conclusion of the ordered arbitration. I. The Basis for the Motion The Retail Installment Sales Contract for the ...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ...er service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice ma...

Excerpt: ...t set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290. Defendant opposes the motion, arguing that it is untimely, and in turn asks for monetary sanctions. Defendant is granted their request for sanctions in the amount of $4,200, w...

Excerpt: ...ories, Set One, Numbers 2.3, 4.1, 12.1, 12.2, 12.4, and 17.1; Special Interrogatories, Set One, Numbers 3-17, and 19-45; and Request for Production of Documents, Set One, numbers 1, 3-8, and 10-34 is GRANTED. The motion is DENIED as to Plaintiffs' Request for Production of Documents numbers 2 and 9. Sanctions are awarded against Defendant and her counsel of record, Raymond N. Stella Erlach, in the amount of $2,000. The motion to compel defendant ...

Excerpt: ...d was mailed on February 22, 2021 and that more than thirty days had passed since the service on respondent, yet Respondent had not rejected the award or requested trial. After Petitioner filed this petition, it brought an ex parte application for an order to show cause as to why the award should not be confirmed but this court denied that application without prejudice and directed Petitioner to file a noticed motion for a hearing instead. Petiti...

Excerpt: ... under the Agreement. Plaintiff on December 9, 2021 filed proof of service for the summons and complaint purporting to show substituted service on Defendant at 11:56 a.m. on December 7, 2021, at 675 Aviation Blvd Ste A, Santa Rosa, CA 95403 (“the Aviation Address”). The proof of service demonstrates that the summons and complaint were left at the Aviation Address in the presence of ‘Austin “Doe”' (“Austin”), identified as “employe...

Excerpt: ...on against the Graton Resort & Casino alleging that he was profiled and harassed because of his race by two Graton Security Officers in the Casino's parking lot. Plaintiff states he was approached by the security officers while sitting in his car and explained to them his medical reasons for his prolonged time in his car. Plaintiff complains that other patrons sitting in other vehicles were not approached. Plaintiff's complaint is based upon peac...

Excerpt: ...nt sale contract (“the Contract”), subject to warranties from Defendants, but that the Truck was defective and Defendants breached the warranties by failing to repair or replace the Truck. Plaintiffs allege that Defendant FCA, US, LLC (“FCA”) is the manufacturer of the Truck. Discovery Plaintiffs served Defendant FCA with Form Interrogatories, Set No.1, Special Interrogatories, Set No.1, and Request for Production, Set No. 1 (“RFPs”) ...

Excerpt: ...ng allegations at Comp.¶¶ “4, (1) (2), 10, CC-1 (6), CC-4,” and admitting the rest. He otherwise adds only that he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid-19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and ...

Excerpt: ...es of action 1-5 in the cross-complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. Defendants oppose the motion, arguing that they have evidentiary and legal support for their claims. CCP section 128.7 imposes a requirement that every motion, pleading, and the like be represented as brought in good faith, with a good-faith belief that it is valid and not for ...

Excerpt: ...endant General Motors, LLC (“Defendant”) for breach of the implied warranty of merchantability and breach of express warranty under the Song-Beverly Warranty Act. The parties settled pursuant to Defendant's Offer of Compromise wherein Defendant agreed to settle this case for $17,000 and permitting Plaintiff to keep the nine-year old vehicle at issue in this case. The Offer of Compromise was signed by Defendant's counsel on August 16, 2021 and...