Excerpt: ...efendant Losch. The file contains a proof of service by personal service on Defendant, which shows service of the Complaint and the moving papers, and no opposition has been filed. The Application is GRANTED. Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling, along with a [proposed] Order for Writ of Possession (CD-120), and a [proposed] Writ of Possession (CD-130). In light of the lack of opposit...

Excerpt: ...ro Grand Petroleum gas station located at 525 East Washington Street in Petaluma. On November 19, 2014, the parties entered into a stipulated judgment and permanent injunction (“the Judgment”). The Judgment ordered defendants to pay civil penalties and costs. It also contained an injunction permanently enjoining and restraining the defendants and their agents, servants, employees, and representatives, pursuant to Business and Professions Code...

Excerpt: ...of notice of entry of the order on this motion. Plaintiff is ordered to pay the sanctions amount within 90 days of service of entry of this order. Defendants' counsel shall submit and order consistent with this tentative ruling and incompliance with Rule 3.1312. Analysis: I. Form Interrogatories – General (Set One) “FROG” a. FROG 2.5 Plaintiff objects to this interrogatory on the basis of relevance. However, the information sought by this i...

Excerpt: ...opposition to the motion. The motion is GRANTED. I. Facts Defendant requested a line of credit from Plaintiff. Plaintiff's Separate Statement of Undisputed Facts (PSS), Common Counts ¶¶ 1. Repayment of lent funds was a condition of the credit. PSS, Common Counts ¶ 2. In taking the line of credit, Defendant accepted the contract and its terms. PSS, Breach of Contract ¶ 2. Defendant used the line of credit and incurred charges and debts thereon...

Excerpt: ...Defendants' objections to Plaintiff's evidence are each OVERRULED. Plaintiff's request for judicial notice of Exhibit 1 is GRANTED, however, the request for judicial notice of Exhibits 2-4 is DENIED. General Underlying Facts: Defendant Sutter Bay Hospitals (SBH) is a regional health care system consisting of hospitals including Sutter Santa Rosa Regional Health (SSRRH), the hospital at which Plaintiff, Michael Parr was employed for approximately ...

Excerpt: ...tiffs' motion for sanctions against Defendants and their counsel under Code of Civil Procedure (“CCP”) §§ 128.5 and 128.7. The motion is DENIED. I. Facts and Procedure The FAC alleges that Defendants misappropriated funds due to the Plaintiffs as a result of a bequeathal, and subsequent loan to Defendant Murray. Plaintiffs retained Carle, Mackie, Powers, and Ross, LLP, (“CMPR”) and particularly Dawn Ross (“Ms. Ross”) to pursue their...

Excerpt: ...nt economic value by being kept secret and which are subject to reasonable efforts to keep said information secret. The motion is GRANTED. Code of Civil Procedure section 2031.060 subdivision (b) allows the Court to make a protective order on the basis of “good cause shown.” A protective order is reasonable and customary to protect a company's “legitimate interest in protecting its trade secrets and other confidential proprietary informatio...

Excerpt: ... Plaintiff's insured's employee James Etimos (“Etimos”). Etimos was injured during the course and scope of his employment allegedly as a result of defendant Steve Clifford's (“Clifford”) negligence in driving his vehicle and causing a motor vehicle accident on Highway 101 in Petaluma. Defendant was substituted in as DOE 1, who allegedly operated and owned the subject vehicle involved in the accident, employed and entrusted his vehicle to ...

Excerpt: ...d to submit an updated Memorandum of Costs consistent with the Court's findings below. Plaintiffs must file any supplemental opposition by September 12, 2022 and any reply by Defendant must be filed by September 19, 2022. Plaintiffs' motion to strike Defendant's memorandum of costs is DENIED. For the reasons stated in Defendant's opposition, the Court finds the memorandum of costs timely filed. Plaintiffs' alternative motion to tax costs is also ...

Excerpt: ... CA (“The Property”), seek a writ of mandate directing Respondent to set aside the Decision and Order of Hearing Officer Kimberly Buchholz dated October 14, 2021 (“the Order”) and to grant their appeal of the Order. They contend that in the Order, the Hearing Officer incorrectly found that they had violated Sonoma County Municipal Code and owed penalties and abatement costs, had failed to file a timely appeal and thus waived their right t...

Excerpt: ... (Petition, ¶¶1-2.) Friends is a California nonprofit, representing the interests of homeowners and renters, parents of school children, business owners and operators, and property owners in the Sebastopol area. (Amended Petition, ¶6.) On February 10, 2022, Friends filed an Amended Petition for Writ of Mandamus pursuant to Code of Civil Procedure sections 1095.4 and 1085. The Amended Petition asserts “[c]urrently and for the past several yea...

Excerpt: ...Defendants' objections to Plaintiff's evidence are each OVERRULED. Plaintiff's request for judicial notice of Exhibit 1 is GRANTED, however, the request for judicial notice of Exhibits 2-4 is DENIED. General Underlying Facts: Defendant Sutter Bay Hospitals (SBH) is a regional health care system consisting of hospitals including Sutter Santa Rosa Regional Health (SSRRH), the hospital at which Plaintiff, Michael Parr was employed for approximately ...

Excerpt: ...s matter is on calendar for Defendant's demurrer to the second cause of action within the FAC 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 to the second cause of action, the Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading u...

Excerpt: ...s-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 Renascent in the subrogation case as well. Ins...

Excerpt: ...d to submit an updated Memorandum of Costs consistent with the Court's findings below. Plaintiffs must file any supplemental opposition by September 12, 2022 and any reply by Defendant must be filed by September 19, 2022. Plaintiffs' motion to strike Defendant's memorandum of costs is DENIED. For the reasons stated in Defendant's opposition, the Court finds the memorandum of costs timely filed. Plaintiffs' alternative motion to tax costs is also ...

Excerpt: ...ogatories (“FIs”), requests for production of documents (“RPODs”), and requests for admission (“RFAs”) against both Foothill and Clapp under Code of Civil Procedure (“CCP”) §§ 2030.300, 2031.310, and 2033.290. These matters were previously on calendar and continued as additional responses were provided to all of the motions. Supplemental briefing from Defendants was due 20 court days prior to the hearing. Responses from Foothill...

Excerpt: ...parties: SCV-264457, SCV-265296, SCV-266154, and SCV-267222. Plaintiffs complain that Defendants stole documents and information from Plaintiffs in order to gain advantage in other on-going litigation between Plaintiff Andrew Rowley (“Andrew”) and Defendants. They specifically contend that Defendants took Plaintiffs' computer to a third party in order to hack into, and obtain, personal and business e-mail accounts and the information containe...

Excerpt: ...of notice of entry of the order on this motion. Plaintiff is ordered to pay the sanctions amount within 90 days of service of entry of this order. Defendants' counsel shall submit and order consistent with this tentative ruling and incompliance with Rule 3.1312. Analysis: I. Form Interrogatories – General (Set One) “FROG” a. FROG 2.5 Plaintiff objects to this interrogatory on the basis of relevance. However, the information sought by this i...

Excerpt: ...he motion to that extent. The court DENIES the motion in all other respects, as set forth below. Facts Plaintiffs John Paulsen (“Paulsen”), Roseland Village, a California Corporation (“Village”), and Paulsen Land Co., LLC (“Paulsen Land”) allege that they own and operate Village on real property which Plaintiffs own on Sebastopol Road in Santa Rosa (“the Paulsen Property”); easements for ingress and egress were recorded in 1956 (�...

Excerpt: ... the top of a retaining wall onto a roadway below because the hazard lacked proper warnings or lighting to make it evident, and that SFPKOA knew or should have known of the danger. On August 9, 2021, Plaintiff filed an ex parte amendment to the complaint substituting Kampgrounds of America, Inc. (“KOA”) as Doe Defendant 1. Discovery Plaintiff served SFPKOA by e-mail with Form Interrogatories, Set One, Requests for Admissions (“RFAs”) Set ...

Excerpt: ... petition to vacate the arbitration award pursuant to Cal. Code Civ. Proc. (“CCP”) § 1285 et. seq. This matter stems from a contract dispute between Petitioners and Respondents arising from an event rental of the SSS Ranch located here in Sonoma County. See Petitioner's Memorandum of Points and Authorities pg. 1:20-21. Under the subject contract, there is an arbitration agreement provision, which reads in full: “In the event of any dispute...

Excerpt: ...RANTED and the matter set for hearing. However, in light of certain discrepancies in the 2021 Judgment regarding the total amount of penalties owed, the matter is CONTINUED to June 22, 2022, at 3:00 p.m., in Department 16, to allow County Counsel to provide its civil penalty calculations regarding the amount that should be stated in the 2021 Judgment, and to provide an updated proposed order. The application is made on the grounds that on August ...

Excerpt: ...vating without permission and constructing additional water systems to collect ground water to which Defendant is not allowed. Plaintiff alleges that in 1936, the then-owner of Plaintiff's Property (“Weeks”) granted to the then-owner of Defendant's Property (“Seaman”) “the continuous right to the water flowing, and to flow, from that certain spring situated on the Northwest forty… acres” along with “a right of way for a pipe line ...

Excerpt: ... method including, but not limited to, all medical records, intake forms, patient completed forms and/or documents, correspondence, all office records, emergency room records or reports, inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy and prescription records, physical therapy records, sign-in sheets, all descriptions of exercises prescribed, documentation which indicate da...

Excerpt: ...sler Dodge Jeep Ram Fiat of Santa Rosa (“Lithia”). The complaint is based upon the purchase of a 2021 Chrysler Pacifica Hybrid which Plaintiffs allege is defective. The complaint alleges five causes of action against FCA: four causes of action under the Song-Beverly Consumer Warranty Act and one cause of action for Fraudulent Inducement-Concealment. It alleges one cause of action for Negligent Repair against Lithia. On May 27, 2022, Lithia wa...