Excerpt: ...mplaint, Plaintiff alleges that 275 and Walden are the lessors of the Property. 275 and Plaintiff entered into a lease agreement on February 8, 2020. Plaintiff filed the Complaint based on Defendants' alleged violations of the lease agreement, particularly as it pertained to issues of the parking lot and other common areas on the Property. Plaintiff thereafter moved the Court for a preliminary injunction, which was heard on July 26, 2023. The Cou...

Excerpt: ...ng attempting to sell a portion of his general partner interest (the "GP Interest") to Kelly. As a result of developments during this litigation, including Defendat' efforts to sell an important Partnership asset, real property comprising the Summerfield Shopping Center (the "Property"), he ultimately filed a second amended complaint ("SAC") which includes, amongst others, claims for wrongdoing based on Defendants' efforts to sell the Property. M...

Excerpt: ...tions in the amount of $1,000. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: "California law prov-des parties with expansive discovery rights." (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "any party may obtain discovery regarding any matter, not privileged...

Excerpt: ...cuments ("RPODs"), Set One, Nos. 2, 4, 6, 8, 10, 12, 14, 15, 18, 20, 22, 32, 34, 36, and 39, against Defendant under Code of Civil Procedure ("CCP") S 2031.310. The motion is GRANTED. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is...

Excerpt: ...or Code violations, and civil penalties thereon(the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Federal Arbitration Act ("FAA"), 9 USC SS 1-15. Defendant's petition to compel arbitration and stay proceedings is DENIED. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant avers that Plaintiff, as part of his on...

Excerpt: ... is addressed below. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Request for Judicial Notice: Defendants' request for judicial notice of Exhibit A and Exhibit 8 is GRANTED. As for the remainder of the request, the Court will take judicial notice of each version of Plaintiffs' complaint and the date on which it was filed. However, the Court will not judicially notice th...

Excerpt: ...ay do so on its own moton and enter a different order." Plaintiff argues that Defendant's moton to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appeal has recently determined that Felisilda does not apply to the issue of whether a manufacturer can compel arbitration via ...

Excerpt: ...cial policy favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Santa Monica (1972) 6 Ca...

Excerpt: ...etaluma ("the Property"). Prior to the parties taking title to the Property, it had been held in the Peter Dana Smith Revocable Living Trust. Peter D. Smith passed away on or about March 17, 2020. On April 11, 2023, this Court issued an Interlocutory Judgment for Partition of Real Property and Appointment of Referee. The order appointed Ethan A. Glaubiger as the partition referee with the discretion to hire real estate agent Kristi Taylor to sell...

Excerpt: ...efendants have trespassed on Plaintiff's Property. Plaintiff subsequently obtained a temporary restraining order ("TRO") and then a preliminary injunction (the "Injunction") against Defendant Mona Verducci ("Mona") in February 2023. The Injunction orders Mona and her agents or others not to enter upon Plaintiff's Property as defined by the survey (the "Survey") attached as Exhibit A to the Injunction. Plaintiff then brought an application for ord...

Excerpt: ...daughter Vanessa French ("Decedent"), negligently caused Decedent's death. They allege that Decedent sought medical care from Defendants for a combination of physical and emotional complaints which included skin conditions, back pack, severe depression, and suicidal ideations, but that Defendants negligently failed to provide proper treatment, resulting in Decedent handing herself. Plaintiff Wendy French ("Wendy" or "Mother Plaintiff"), individua...

Excerpt: ...d to compel production of documents ("RPODs") from Defendants under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the...

Excerpt: ...vil cases. Analysis: Government Code S 53069.4(b)(1) states, Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure [regarding Writs of Mandate] ...a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency's file in the case shall be received in evidence. A proceeding und...

Excerpt: ...alleges that at all relevant
Ÿmes, a wri
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L wherein Cra
L agreed to hold Shep harmless and indemnify them for its costs, fees, expenses, and liabili
Ÿes it incurs as a result of this ac
Ÿon. 1. Objec
Ÿons in Reply The court declines to rule on the objec
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Excerpt: ...s Brian Williams, Jamie Williams, and Brian Tiewater (collectively, the "Individual Defendants") but fail to allege how they are involved. Motion Defendants move for summary judgment or, alternatively, summary adjudication of Plaintiffs' claims. For summary adjudication, they present five issues: 1) Plaintiffs expressly assumed the risks inherent in wrestling; 2) Plaintiffs impliedly assumed the risks inherent in wrestling; 3) Defendants are immu...

Excerpt: ...r for the motion by Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c) as to the Complaint. Evidentiary and Procedural Issues A. Procedural History The Court notes that Defendants have already filed a motion for summary judgment or adjudication in this case on July 20, 2019 (hereinafter "MSJ-I"). The Court issued a ruling on MSJ-I on October 24, 2019, granting the motion as to all ...

Excerpt: ...l LLC") and the Oregon Corp. The cross-complaint alleges that Cal LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell Cal LLC certain scientific equipment. Shimadzu alleges that Cal LLC has failed to pay all invoices. In addition, Shimadzu alleges that Cal LLC transferred personal property to the Oregon Corp. without receiving the reasonable value of the assets. Shimadzu alleges that the Oregon Corp. now carries on the former...

Excerpt: ...ndant's objections to the Declaration of Jaimee Modica are OVERRULED. Plaintiffs' counsel shall submit a written order consistent with this tentatve ruling and in compliance with Rule 3.1312. Defendant Gudgel Roofing, Inc.'s opposition requests that the Court consider his Motion for Protective Order as his opposition to Plaintiffs' Motion to Compel. Defendant's motion for protective order is not scheduled to be heard until April. Defendant did no...

Excerpt: ...n the second motion. The motions are DENIED. 1. Request for Admissions, Set One Defendants' counsel states that on August 15, 2022, Plaintiff was served by and through his attorney of record with Defendants' Request for Admissions, Set One. (Peebles decl., 93.) However, Plaintiff has been self-represented throughout this entire action. In addition, while the proof of service of Defendants' Requests for Admissions has an attached "Service List" wh...

Excerpt: ...e, "Cabinet Vision." Plaintiffs allege that the software was defective, crashed constantly, and did not cut the cabinet pieces at the specifications stated by the software. Forum non conveniens is an equitable doctrine, codified in Code of Civil Procedure section 410.30, under which a trial court has discretion to stay or dismiss a transitory cause of acton that it believes may be more appropriately and justly tried elsewhere. (Anima/ Film, LLC v...

Excerpt: ...ount. The motion is DENIED. CCP S 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 performance...

Excerpt: ...cedure ("CCP") S 418.10(a)(1) on the grounds that the Court lacked personal jurisdiction over Laird because the summons and complaint were never properly served. Governing Law The Code of Civil Procedure states that "[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion [tlo quash service of summons on the ground of lack of jur...

Excerpt: ...e for either opposition. Furthermore, the oppositions do not respond substantively to the arguments made by Defendants in their opening brief; they do not provide any law for the Court's consideration; and they do not explain how the defects in the pleading can be cured by amendment. Analysis: Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) C...

Excerpt: ...iling Party Pursuant to the parties' settlement agreement, the parties have agreed that Plaintiff is the prevailing party under Civil Code 1794 and that Defendant will pay reasonable attorney's fees and costs in an amount to be determined by the Court upon noticed motion if the parties could not agree on the amount. Plaintiff has duly served this motion upon Defendants and Defendants have not filed an opposition. Lodestar The standard for calcula...

Excerpt: ...ought a Complaint for damages as against defendants Edwards Lifesciences LLC, Edwards Lifesciences (U.S.) Inc., Santa Rosa Memorial, moving defendant Vishal Patel, M.D., and Does One through One Hundred. (Defendant's undisputed Material Fact "UMF," 1.) The First Amended Complaint alleges a single cause of action for Medical Negligence as to moving defendant Patel. Plaintiffs allege that decedent Joseph Bouckaert (hereafter "Mr. Bouckaert") presen...

Excerpt: ...th 556, 604; CCP S 2023.030.) As pertinent here, "misuse of the discovery process" includes "failing to respond to or to submit to an authorized method of discovery," and "disobeying a court order to provide discovery." (CCP S 2023.010(d) & When confronted with such misuse, a court may impose (1) monetary sanctions; (2) sanctions that deem specified issues to be 'established' or that 'prohibit' the non-compliant party from raising 'opposing claim...

Excerpt: .... ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make periodic installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to maintain required insurance on the Tractor or make required installment payments, allowing Plaintiff to take possession...

Excerpt: ...san Rogue (the "Car"), which a Defendant had manufactured, the Car is defective, and Defendants have breached the Warranty Contract and failed to comply with warranties for the Car. He attaches a copy of the Warranty Contract as Exhibit A to the complaint, and this shows that it includes a set of warranties from Defendant Nissan North America, lnc ("Nissan"). He alleges that Nissan designs, manufactures, and distributes automobiles while Defendan...

Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. "The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discreti...

Excerpt: ...1312. Analysis: Pursuant to CCP 128.5(a), A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay„. Pursuant to subdivision (b), "'Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and ...

Excerpt: ...ff complains that he leased and then bought a new 2019 Kia Niro (the "Car"), with included warranties, but the Car was defective and subject to safety recalls and Defendants failed to repair or replace or repurchase the Car, and have in fact taken possession of it, preventing Plaintiff from obtaining it or his other personal property in it. He alleges that he leased and purchased the Car from Defendant Jim Bone Kia of Santa Rosa ("Bone"), the aut...

Excerpt: ...ng. The motion is DENIED. The construction contract that forms the basis of Plaintiffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreeme...

Excerpt: ...laintiffs' non- opposition in which Defendants argue that the Court should consider Plaintiffs' failure to file an opposition as a concession of the merits of the Demurrer. Plaintiffs filed an objection to Defendants' response to the non-opposition, citing Rule 8.54(c) which says "A failure to oppose a motion may be deemed a consent to the granting ofthe motion." (Italics added .) Plaintiffs state that they do not consent to the granting of the m...

Excerpt: ... and stay proceedings is CONTINUED to December 15, 2023, at 11:00 am in Dept. 19 for an evidentiary hearing regarding the execution of the disputed arbitration agreement. The Basis for the Motion Defendant moves to compel arbitration based on an arbitration agreement allegedly electronically signed by Plaintiff on October 6, 2020. See Declaration of Renae Souza, Exhibit D (the "Arbitration Agreement"). Plaintiff opposes the motion, alleging in he...

Excerpt: ...s to the Second Amended Complaint into this ruling. In that ruling, the Court explained in detail why the Third Amended Complaint would be the Plaintiffs' final opportunity to properly plead their case. Plaintiffs did not challenge that tentative ruling. Plaintiffs have not at any point attempted to meet their burden of provng how they can fix the deficiencies in their pleading by amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Still, ...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...ing that he owns real property at 29 Old Creek Road, Petaluma, California (the "Property"), complains that Defendant has attempted to foreclose on a deed of trust (the "DOT") recorded against the Property securing a loan (the "loan"), in violation of applicable guidelines regarding loan modification and forbearance, and requirements for a single point of contact ("SPOC"). He asserts that Defendant's conduct violated Civil Code ("CC") sections 292...

Excerpt: ... 1-50 alleging causes of achon for: 1) Motor Vehicle Negligence; and 2) General Negligence. This matter is on calendar for the motion by Defendants for summary judgment pursuant to Cal. Code Civ. Proc. ("CCP") S 437c. For the reasons set forth below, the motion for summary judgment is DENIED. The Burdens on Summary Judgment A. Generally Summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ...ey allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her death. Plaintiffs originally named as Defendants Ensign Santa Rosa, LLC dba Summerfield Health...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for Plaintiffs' motion to compel further answers to requests for production of documents ("RPODs") against Flint under Code of Civil Procedure ("CCP") S 2031.310. Governing Law A. Inspection Requests and Producing Documents Regarding the RPODs, a demand for produ...

Excerpt: ...ns 2030.300(c) and 2031.310(c). These code sections require a motion to compel further be served within 45 days after service of a verified response (extended if served by mail, overnight delivery or fax or electronically. (See CCP SS 1013.) Otherwise, the party waives the right to compel any further demand. (CCP sections 2031.310(c); 2030.300(c); 2033.290(c).) 1. Initial Discovery and Responses The subject discovery was served upon Plaintiff on ...

Excerpt: ...y"). Plaintiff alleges that the Property is held in unequal shares as tenants in common by Plaintiff and defendants Pete Langley, Trustee of the Langley 2022 Family Trust dated August 2, 2022 ("Pete"); Carolyn Langley, Trustee of the Carolyn Langley Revocable Trust dated October 18, 2022 ("Carolyn"); and Timothy Lee Young, successor trustee of the Linda Young Trust dated June 10, 2021 ("Timothy")(altogether "Defendants"). Plaintiff alleges that D...

Excerpt: ...dez had previously sexually assaulted another female patient, Jane Doe ("Doe"), and that Hospital knew or should have known of this conduct yet took no measures regarding it. Plaintiff claims that the wrongdoing occurred when she was in the care of Defendants for hip-replacement surgery. Plaintiff filed this action on September 12, 2022, and, after Defendants answered, entered into a stipulation to file the FAC in order to correct the name of Def...

Excerpt: ... except Defendants Douglas Oakes and Margert E. Oakes (the "Oakeses"), specifically, Johnathan Scott Kerson; Jana Harrison; Gregory J. Conklin and Michiko Y. Conklin, in their capacities as trustees of the Conklin Living Trust dated September 4, 1998; John Merline; Sophie Phelps; Dennis J. Pistone; Nancy Pistone; Patrick Boniface Pinney, Sr. and Patric:ia Lou Pinney, in their capacities as trustees of the Troy and Ricky Trust dated July 2 1 , 201...

Excerpt: ...oner is awarded $7,691.50 for bringing this matterfrom arbitration to Judgment. 1. Plaintiff is Entitled to Attorneys' Fees. The Court notes that Petitioner has provided no authorities in their memorandum making clear to the Court on what basis the Court may award them post-petition fees. The Court presumes, given that this arises out of an arbitration petition, which itself depends on the underlying contract signed by the parties, that Petitoner...

Excerpt: ...CP S 425.16(b)(1) provides that a cause of action against a person "arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue" shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the c...

Excerpt: ...der late-filed opposition papers for good cause if there is no undue prejudice to the moving party." (Correia v. NB Baker E/ec„ Inc. (2019) 32 Cal.App.5th 602, 613.) "The circumstances surrounding an untimely opposition to a petition or motion to compel arbitration should be viewed under 'the strong policy of the law favoring the disposition of cases on the merits . (Correia, at 613.) The Court exercises its discretion to consider Respondent's ...

Excerpt: ... of the Workers' Compensation Act." Plaintiff argues that Defendant waived this affrmative defense for failing to plead it in his initial answer. Plaintiff only cites authority that an affirmative defense must be pleaded to be entitled to it. No authority is cited that it must be raised in the first answer filed. Additionally, in reply, Plaintiff discusses at length the meaning of "or," in the language of the statute that reads a "party may amend...

Excerpt: ...nt"). This matter is on calendar for Plaintiff's four motions: (1) moton to quash subpoena duces tecum, (2) motion compelling further responses to form interrogatories ("Fls"), general, from Defendants under Code of Civil Procedure ("CCP") SS 2030.300, and (3) moton compelling further responses to form interrogatories, employment ("EROGs") set one and (4) motion compelling further responses to form interrogatories, EROGS, set two, from Defendants...

Excerpt: ... failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," claiming that "Respondents," specifically William Prasifta as Executive Director of the Medical Board of California and deputy attorney gen...