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: ...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: ...er 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: ... answers to form interrogatories (“FIs”) and requests for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.290(b)-(c) and 2031.300(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 GRANTED. I. Relevant Law There is no requirement to meet and confer ...

Excerpt: ...T. Barnes and United Employees Law Group, PC, as Class Counsel. The motion is GRANTED. A settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing. (Cal. Rules of Court, Rule 3.769(a).) Any party to a settlement agreement may serve and file a written notice of motion for preliminary approval of the settlement. (Rule 3.769(c).) The settlement ag...

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: ..., 2021. Thereafter, on August 17, 2021, in a Ruling on defendant's Demurrer and Motion to Strike the FAC, the Court addressed the scope of its prior MSA ruling on the question of whether it made findings that plaintiff's employment was probationary or permanent. See 8/17/21 Order, p. 4, ls. 6-19. The Court grants Requests for Judicial Notice submitted with the MSA. Evidentiary objections are unpersuasive and are all denied. CCP 437c(f)(1) allows ...

Excerpt: ... himself, his wife Sheri Peterson, and his daughter Brittney Peterson. The Petition stated that Respondent had stalked Brittney Peterson for years, assaulted her, and threatened to shoot Petitioner. After the hearing on this matter on March 23, 2022, a Civil Harassment Restraining Order was filed against Respondent (“the Order”). The Order requires the Respondent stay at least 500 yards away from each of the protected people, which also inclu...

Excerpt: ...a complaint against Defendants on November 23, 2021, alleging seven causes of action: 1) Slander Per Se, 2) Defamation by Slander, 3) Intentional Interference with Prospective Advantage, 4) Interference with Contract, 5) Intentional Infliction of Emotional Distress, 6) Unfair Competition, and 7) Third-Party Beneficiary Breach of Contract. Defendants have filed the instant motion seeking to strike the first six causes of action pursuant to the Ant...

Excerpt: ...n pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is GRANTED. I. Underlying Facts Plaintiff began working as a Human Resources Data Technician working for Oak Grove on February 4, 2020. Defendants' Separate Statement (“DSS”) ¶ 1. Plaintiff had no background in work with school districts, but she had background working in human resources and was certified in human resources administration. D...

Excerpt: ... Repair. It alleges that on or about September 30, 2020, Plaintiff purchased a new 2020 Mercedes GLC350E4 (“the Vehicle”) from Defendants. (Complaint, ¶6.) The Vehicle had 180 miles on the odometer at the time of delivery. (Ibid.) The Vehicle came with an express warranty. (Id., at ¶7.) Plaintiff alleges she tendered the Vehicle with 13,152 miles on the odometer to Dealer on June 23, 2021, for various malfunctions, including an error messag...

Excerpt: ...in Defendant's favor in the amount of $1,576.65. On August 4, 2022, this Court filed an Amended Notice and Order of Appointment of Eric Young as Discovery Facilitator. Mr. Young met with the parties and has filed his report with the Court. The Court thanks Mr. Young for his time and service in this matter. First, the Court notes that Defendant has not provided a separate statement as required by Cal. Rules of Court, Rule 3.1345. However, as this ...

Excerpt: ...- 16.5, and 17.1. In opposition, Defendant has agreed to amend his responses to these form interrogatories. The motion is GRANTED. Sanctions are awarded on this motion in the amount of $1,206.50. Defendant argues that, despite agreeing that his answers to these form interrogatories should be amended, sanctions are not appropriate because of the total number of discovery requests that were made in this case, because he provided responses and has a...

Excerpt: ...� 664.6 and the attached settlement agreement and release of all claims (the “Agreement”) to dismiss the case, as Defendants allege they have tendered the agreed pair of $4,250 payments required under the agreement. There is no opposition to the motion. The Motion is CONTINUED for Defendants to submit a declaration providing a foundation for the evidentiary documents. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in...

Excerpt: ...e as narrowly tailored as possible, and in light of the proximity of the properties involved. Pending final determination of this action on the merits, Defendant, any of his employees or agents, or any other person acting on his behalf, are restrained from: 1) Entering the fenced property located at 13817 Village Avenue, Healdsburg, Sonoma County, California 95448, which is owned by plaintiff Russian River Mutual Water Company. 2) Disturbing the ...

Excerpt: ...aintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They contend that TRVFD obtained the Permit by an application (“the Application”) for construction of a garage and storage building (“the Garage”) on Defendant's Property, with various restrictions (“the Project”), but TRVFD has used Defendant's Property and ...

Excerpt: ...ant and Christina were co-owners. The parties stipulated before the court to partition of the Property and to interlocutory judgment regarding the Property on November 28, 2018. The court found Christina and Defendant to be co-owners in joint tenancy, each with a 50% interest, and the court appointed Kevin Singer (“Singer” or “Referee”) to be the Referee for purposes of selling the Property. Eventually the matter went to trial on the othe...

Excerpt: ...ant summary judgment on the basis of Markel Service's failure to oppose because the moving party has not met its initial burden. Standards on Summary Judgment A party moving for summary judgment must show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law. (CCP § 437c(c).) “A defendant or cross-defendant has met his or her burden of showing that a cause of action has no meri...

Excerpt: ...ther improvements and uses on the Property, and alleges that its efforts to obtain compliance have been in vain. Plaintiff filed proofs of service on February 4, 2022 showing that it effected personal service of the summons and complaint on each Defendant at 1324 E. Cotati Avenue #104, Rohnert Park, on December 31, 2021. Plaintiff requested and obtained entry of default against both Defendants on February 9, 2022. Defendants, both self-represente...

Excerpt: ...t, and also $8,157.50 for client communications. Defendant awards no fees for Sarah Baxter or paralegal time. Plaintiff and Cross-Defendant (“Plaintiff”) is a person with physical disabilities and uses a wheelchair for mobility. Defendant and Cross-Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger a...

Excerpt: ...en order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Plaintiff has not filed an opposition to this demurrer. The Court also notes that while a demurrer facilitator was appointed on this matter, no demurrer facilitator report was filed. Analysis: I. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 74...

Excerpt: ...��), and specifically preparation of a sufficient Environmental Impact Report (“EIR”). Petitioner claims that the Project approval violates both the Sonoma County Code (“SCC”) and CEQA. The Project consists of establishing and operating a cannabis dispensary (“the Dispensary”) in an existing 3,847- square-foot commercial building (“the Project Building”) on a 0.33-acre parcel at 15499 Arnold Drive (“the Project Site”), the int...

Excerpt: ...o Cal. Code Civ. Proc. (“CCP”) § 437c. Defendants' motion for summary judgment is DENIED due to the presence of triable issues of material fact. I. Underlying Facts On June 12, 2019, Plaintiff approached Defendants' store. Separate Statement of Undisputed Facts, Undisputed Material Fact (“UMF”) 2. Plaintiff approached a set of doors in front of the store. UMF 8. The automatic doors did not open as Plaintiff approached them. UMF 9. Plaint...

Excerpt: ...or any cloud on Plaintiffs' title thereto, and Does 1-20. Plaintiffs and the Ress Defendants own neighboring properties, sharing a common property line. (FAC, ¶7.) Plaintiffs allege the Ress Defendants have built a concrete pad encroaching on a portion of their property. (FAC, ¶8.) Plaintiffs further allege that the Ress Defendants maintain the concrete pad, that they periodical store various personal property items on it, that they “have int...

Excerpt: ...ments requested in the deposition notices. Plaintiff requests sanctions. 1. Deposition of Michael Mallatt, P.A. In opposition, Defendant Michael Mallatt indicates that his deposition was taken on July 12, 2022. Thus, except as to the issue of sanctions, this motion is moot. Sanctions are sought, in part, pursuant to Code of Civil Procedure section 2025.450(g)(1), which provides: “If a motion under subdivision (a) is granted, the court shall imp...