Excerpt: ...2022, the Court granted Defendant's motions, compelling Plaintiffs to respond to Defendant's discovery requests within 30 days of the date of the hearing and awarding total sanctions in the amount of $720.00 to Defendant (“Order”). On June 8, 2022, Defendant filed two separate, but substantively identical, Motions for Terminating Sanctions for Plaintiffs' Noncompliance with Court Orders (“Motion”) for Plaintiffs failure to fully abide by ...

Excerpt: ...ndant for leave of court to file a compulsory cross-complaint pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief for additional clarification as to the terms of the contract at issue in the Complaint. Defendant argues that they should be allowed to file the cross-complaint as it is compulsory. The motion is unopposed. CCP § 428.50(c) provides: “The court, after notice to ...

Excerpt: ...ies in this action. The right to attorney fees is based upon the Deed of Trust and Promissory Note that was at issue in this case. Code of Civil Procedure sections 1032 and 1033.5(a)(10) together allow the prevailing party in an action to obtain attorney fees as costs when authorized by contract, statute, or law. Code of Civil Procedure section 1032(a)(4) defines a “prevailing party” as including “the party with a net monetary recovery, a d...

Excerpt: ..., Wrongful Foreclosure, and Unfair Business Practices (Bus. & Prof. Code, §§ 17200 et seq.). The complaint alleges that Plaintiff's real property was sold via a trustee's sale despite her belief that she timely filed a bankruptcy petition prior to the sale, and despite no Notice of Default and Election to Sell Under Deed of Trust having been recorded. Defendant's request for judicial notice of recorded documents is granted. 1. First Cause of Ac...

Excerpt: ...tests whether the complaint sufficiently states a valid 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 con...

Excerpt: ..., and unintelligible. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff's complaint alleges causes of action for (1) Tax Refund; and (2) Quasi- Contract/Unjust Enrichment. Plaintiff alleges that the County assessor assessed Plaintiff for property taxes denominated as “sewer fees” in connection with certain parcels of commercial real property owned by Plaintiff. Plaintiff alleges that the methodology for collecting taxes against comm...

Excerpt: ...nks Mr. Meyer for his service in this matter. Plaintiff's First Amended Complaint (“FAC”) alleges causes of action for Inverse Condemnation, Wrongful Foreclosure, and Injunctive Relief. The action is based upon Plaintiff's purchase, in 2008, of property located at 3353 Mountain Home Ranch Road, Calistoga, California 94515 (“the Property”). In or around March 28, 2011, Plaintiff obtained a private loan for $350,000 from Gold by executing a...

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: ... and costs in the amount of $8,972.55. This action was commenced on September 4, 2019. Judgment was filed on March 21, 2022. The County was determined to be the prevailing party entitled to its attorney fees and abatement costs. (See Gov. Code, § 25845(c); Sonoma County Code section 1‐7(f).) The County brings this motion to set the amount of fees and costs owed by Defendants. As set out in the Declaration of Michael A. King, the County request...

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: ...all be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP § 437c(c).) “A plaintiff moving for summary judgment “bears the burden of persuasion that ‘each element of the ‘cause of action' in question has been ‘proved,' and hence that ‘there is no defense' thereto.”” (Thompson v. Ioane (2017) 11 Cal.App.5th 1...

Excerpt: ...ns. The unopposed Motion is GRANTED. Plaintiff shall attend a properly noticed deposition from Defendants within thirty (30) days' notice of this order. Plaintiff shall pay $660 in sanctions to Riley within thirty (30) days of notice of entry of the order on this Motion. I. Relevant Law CCP § 2025.450(a), provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, ...

Excerpt: ...ers, Inc. and GRS Funding, Inc. (“Responding Parties”) under California Code of Civil Procedure (“CCP”) §§ 1987.1, 1987.2 and 2023.030. The Motion is DENIED. I. Evidentiary Issues Responding Parties' objections are all asserted against the contents of Defendant's motion, and not to any of the evidence provided by Defendant. Therefore, the objections are OVERRULED. However, the Court will not take judicial notice of the case submitted by...

Excerpt: ... Inc.; Chad Cooper; Kellin A. Baker; and Kellin A. Baker DBA Accurate Maintenance & Janitorial aka Accurate Property Services ("Defendants") to post a bond, undertaking, or other security in the amount of their statutory exposure, or any other sum that the Court deems appropriate to protect the public and prevent Defendants from having the opportunity to transfer, dissipate, or conceal their assets. Alternatively, ex rel. Plaintiffs seek other eq...

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: ...ssue of sanctions. The Court thanks the discovery referee for his time and his continued attention to this matter. The referee has recommended that the Court issue $24,000 in sanctions against Defendant Acrisure for Acrisure's delays in producing their witnesses for deposition. The referee also recommends that no sanctions be awarded to either party regarding the written discovery because both parties had legitimate positions to stake out. The re...

Excerpt: ...tter for contempt proceedings. The Court notes that the proposed order contains findings that will be at issue in the contempt hearing. County Counsel is directed to provide an amended order which only contains the language of the order to show cause as contempt proceedings have not commenced and, therefore, no findings have been made. The application is made on the grounds that on August 4, 2021, this Court entered a judgment regarding real prop...

Excerpt: ...Cabinets (2009) 177 Cal.App.4th 59, 69.) The Court presently does not have before it the information necessary to determine whether appointment of a receiver for this purpose is appropriate and in compliance with the EJL. Plaintiff's request for judicial notice of item numbers 1-6 is GRANTED; but DENIED as to 7-8, as Plaintiff fails to provide copies of the documents. CRC Rule 3.1306(c). Defendants' request to present oral testimony at the hearin...

Excerpt: ...ended complaint on January 6, 2022. In the Court's ruling on the demurrer and motion to strike regarding the first amended complaint, the Court permitted Plaintiff to file an amended pleading “within twenty (20) days of notice of entry of the order on this Demurrer.” (See Court's December 9, 2021 ruling.) Defendants claim that the clock began to run on the date that the clerk of Court served the minute order reflecting the Court's ruling on t...

Excerpt: ...plains of illegal cannabis growing activities along with unpermitted, non- compliant structure, electrical, and other 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 requ...

Excerpt: ...motion. The Motion is DENIED. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until perfor...

Excerpt: ...e of the new hearing date and information. Facts Plaintiff brought this action to recover money which he claims Defendant owes pursuant to a written agreement by which plaintiff loaned Defendant $12,846 in return for specified monthly payments. Plaintiff complains that Defendant failed to make payments and defaulted. After Defendants answered, the parties filed only case management statements prior to Plaintiff filing a dismissal of the entire ac...

Excerpt: ...f alleges that since the purchase, the vehicle began making a knocking noise. Upon tendering the Jeep for repairs, Plaintiff learned that zip ties were used to repair a broken fuel line and silicone on the intake manifold. Extensive repairs were required, which Plaintiff requested Defendant complete. Defendant did not repair the vehicle and Plaintiff demanded the matter go to arbitration. Defendant did not respond. In a consumer arbitration, if t...

Excerpt: ...n did not amend the briefing schedule. Therefore, Defendant's opposition was due to be filed on April 28, 2022. (See CCP § 437c(b)(2).) Even if the parties intended for the following language in the stipulation to imply an extension of the briefing schedule, there is no agreed upon date by which Defendant should file her opposition: “Defendant cannot file a response…without taking Plaintiff's deposition.” (See May 9, 2022 Stip and Order, p...

Excerpt: ...tiff Laurence Akiyoshi's declaration in opposition to her motion for sanctions are SUSTAINED. Counsel for Defendants Louis Andrade, Jaime Andrade, and Maria Yolanda Andrade DeMaria shall submit an order consistent with this tentative ruling and in compliance with Rule 3.1312. Procedural history: Plaintiffs originally filed a Complaint against Defendants Jaime Andrade, Louis Andrade, Maria Yolanda Andrade DeMaria, Kristin Andrade, and Nicole Andra...