Excerpt: ... to the hearing, or provide them at the hearing, however, they demonstrate to the court at the hearing that this has been satisfied. The court notes that if the parties file the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should the ...

Excerpt: ...ducted by a private entity under subdivision (f)(3) of California Insurance Code section 1871.7, which provision is unconstitutional, and no cause of action exists. The demurrer is OVERRULED. Defendants shall file an answer to Plaintiffs' complaint within 15 days of entry of this order. Plaintiffs are Travelers Casualty Insurance Company of America; Travelers Property Casualty Company of America; and The Travelers Indemnity Company of Connecticut...

Excerpt: ... in Petaluma in that they allowed an uneven roadway to exist, which caused injury to Plaintiff. Plaintiff alleges that Defendants knew or should have known of the dangerous condition prior to Plaintiff's fall and that they failed to take any action to repair the road or warn Plaintiff of the danger. Plaintiff alleges she fell as a result of the dangerous condition and sustained severe and permanent injuries. The complaint alleges premises liabili...

Excerpt: ...��) alleging personal injuries from an automobile accident. The complaint alleges that defendant Day was driving a 2001 Dodge Ram 2500 (“the Dodge”) on August 3, 2018, during the course and scope of his employment with Westside. Plaintiff Villanueva was driving his 2013 Ford Explorer (“the Ford”). Plaintiff Aquino-Cardenas was a passenger in Villanueva's Ford. Plaintiff Deal-Stevens was a passenger in a 2017 Chevy Suburban (“the Chevy�...

Excerpt: ... the notice of entry of the order. CRC 3.1320(g). The Cross-Complainants are to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“t...

Excerpt: ...ng on this matter on March 28, 2022 continuing the hearing to the present date and explaining that a continuance was necessary in order to allow City of Petaluma (“Petaluma”) time to explore the evidence against it. In the time that has passed, Defendant Watkins has been convicted of vehicular manslaughter with gross negligence for his conduct underlying this matter (SCR-743006-1). The Court incorporates its March 28 th ruling into this tenta...

Excerpt: ...ation and improper legal conclusions to the extent offered to prove rent control applied. The objection is overruled however to the extent the Court does consider the declaration admissible for the purpose of establishing that the park was operated under the believe that rent control applied. Defendant's objections to the declarations of Patricia Bekkedahl, Isabel Banuelos, Edgar Jara-Cano, Dennis Fisher and Evan Livingstone are OVERRULED. Plaint...

Excerpt: ...s storage unit and destroyed or stole Plaintiff's property and then evicted Plaintiff even though she has “faithfully” paid the full rent. Defendants filed a cross-complaint, first amended cross-complaint, and then a second amended cross-complaint (“SACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, a third cause of action for negligence, and a fou...

Excerpt: ... C. Messana (“Russell”) and Chris Merkel (“Chris”) own real property at 4266 Santa Rosa Avenue, Santa Rosa (“the Property”) which is subject to a partition judgment (“the Judgment”) in Wagner v. Messana, et al., SCV-260727 (“the Partition Action”), nominal Defendant TJRV & Boat Storage, LLC (“TJRV”) operates its business on the Property but has no ownership or lease interest in the Property, and Plaintiff, Russell, and Chr...

Excerpt: ...ict (“Defendant”) on November 30, 2020, alleging wrongful termination. On February 10, 2022, Plaintiff filed this Motion to Compel Further Responses to Interrogatories, Requests for Admission, and Requests for Production (“Motion”) supported by a Memorandum of Points and Authorities, the declaration of Plaintiff's attorney Thuesen and a separate statement. On April 19, 2022, the Court ordered the Parties participate in the Discovery Facil...

Excerpt: ...ll it or buy out Plaintiff's interest. He also seeks payment of money which he alleges Defendant owes him from receipt of rental income and for mortgage payments. Plaintiff obtained Defendant's default on August 19, 2021. Motion Defendant moves the court to vacate the default based on mistake, inadvertence, surprise, or excusable neglect. He contends that during meet-and-confer efforts Plaintiff's counsel stated that she would not file the compla...

Excerpt: ...t reporter fees; travel expenses not related to the taking of depositions; and the $14,621.00 Plaintiff agreed to pay for costs associated with the Normandie action. As to the remaining items, the motion is DENIED. 1. Legal Standards The right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. (Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 71.) Code of...

Excerpt: ...ding unfair refusal to postpone the hearing or hear material evidence. Motion Respondent moves the court to quash service of the summons on it, arguing that there is no personal jurisdiction over it because the service of the summons failed to comply with statutory requirements. Petitioner opposes the motion, arguing that it complied with the requirements for serving entities and that Respondent does not claim lack of actual notice or that it did...

Excerpt: ...g Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of fiduciary duty; 2) professional negligence; 3) fraud; and 4) negligent misrepresentation. This matter is on calendar for Defendants' demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as...

Excerpt: ...ce, related to Court of Appeal case number A157615). The Court of Appeal denied the petition on February 17, 2022. (See Exhibit 31 Plaintiff's Request for Judicial Notice.) Motion The Hogans now move the Court for an order “awarding all costs and fees, including but not limited to attorney fees, in the amount of $681,841.22, pursuant to Civil Code §§ 1689 et seq., Code of Civil Procedure § 128.5, California Rules of Court rules 8.275 and 3.1...

Excerpt: ...e Court. Plaintiff's Opposition to Defendant's Separate Statement is substantially comprised of argument. For example, “Whether it is because some Producers are designated as employees and others are designated as Contractors who get 1099s instead of W-2s may be one difference. However, that would not explain the differences in how commissions and salaries are allocated within each of the offices.” This is not a fact. It is argument. Plaintif...

Excerpt: ...erinsured like many homeowners after a 2017 fire in the area, she asked the insurance agent, Brian Hunsaker (“Defendant Hunsaker”) to tour the Property, review the coverage of the policy, and make sure she had limits of coverage to repair or replace the Property in the event of another fire. Plaintiff filed this action alleging Defendant Hunsaker agreed to raise insurance on the policy, but ultimately failed to do so, causing her to be underi...

Excerpt: ...ination. The Motion is GRANTED. I. Underlying Facts Plaintiff has filed the Complaint based on injuries allegedly sustained from electrocution. Plaintiff alleges that he suffered “serious personal injury” as a result of Defendants' negligence. On March 4, 2022, without amending the complaint to include any allegations of mental distress, Plaintiff produced a report by psychologist Mark Kimmel including diagnoses which advanced claims for dama...

Excerpt: ... (the “Complaint”). This matter is on calendar for the petition (styled as a “motion”) by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. I. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant enters into an arbitration agreement with all its employees as a matter of po...

Excerpt: ...nt 16, allow counsel to file and serve MC-052 and, if not yet served, MC-053. 2. Motion to Compel This matter is also on calendar for the motion of Plaintiffs Integrated Community Development, LLC, and 2905 Santa Rosa Ave., L.P. (“Plaintiffs”) for an order compelling Defendant B&B Santa Rosa, LLC (“Defendant”) to respond, without objection, to Plaintiffs' Request for Production of Post-Judgment Documents. Plaintiffs seek sanctions against...

Excerpt: ... argues a procedural deficiency based on the Order in fact being mailed on June 14, 2022. The Court certainly would have entertained a request to continue the hearing in light of the compressed time available to Plaintiff to respond. But no such request has been made. Rather, Plaintiff, apprised of the hearing date, timely filed a brief in response to the Order to Show Cause on the merits. On these facts, the Court finds any error was harmless. T...

Excerpt: ...udication in their favor on the grounds that there complete defense to causes of action by Plaintiff. The motion is GRANTED. I. Facts Plaintiff alleges that on June 25, 2019, Defendant D. Biagini negligently operated the vehicle owned by the Defendants jointly. See Complaint; Defendants' Statement of Undisputed Facts (“DSS”), ¶ 1&2. Plaintiff alleged general negligence and motor vehicle negligence. Complaint pg. 3 ¶ 10 (a)&(b). Plaintiff ra...

Excerpt: ... him. Plaintiff opposes the motion, arguing that CCP section 340.1 does not violate Ex Post Facto principles. Defendant filed a reply (which includes a Reply P&As and a response to plaintiff's Separate Statement of “Additional” Undisputed Material Facts). The Complaint The complaint alleges two causes of action against RAFANELLI (“defendant”). The first cause of action alleges that, when plaintiff was five years old in 1993, defendant com...

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 (“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 1) legal ...

Excerpt: ...tions waived and the requests for admission deemed admitted. Pursuant to the court's order on the motion dated March 1, 2022 (“Order”), the following admissions were deemed admitted: (1) Plaintiff has a credit account number ending in 2845 issued by JPMorgan Chase Bank, N.A (“Credit Account”); (2) Plaintiff received periodic statement regarding the Credit Account; (3) no payment has been made on the Credit Account since March 24, 2021; an...