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2528 Results

Location: Sonoma x
2022.04.27 Motion to Compel Deposition of PMK, Production of Docs, Further Responses 815
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.27
Excerpt: ... truck (“the Truck”), with warranties from Defendant's authorized dealer, W.C. Sanderson Ford (“Sanderson”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims ...
2022.04.27 Motion for Leave to File Complaint 915
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.27
Excerpt: ...result of an electrical shock from dangerous and negligently maintained electrical wiring. He later named PG&E as a Doe Defendant. The complaint and Doe amendment lack specific details regarding the circumstances, Plaintiff's work, or the nature of the wiring. On April 1, 2022, PG&E brought an ex parte application for an order shortening time (“OST”) for a motion for leave to file a cross-complaint. This court granted that application, settin...
2022.04.27 Motion for Judgment on the Pleadings 302
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.27
Excerpt: ...thorization to debit the account and prevented Plaintiff form obtaining the funds due to it, breaching the Agreement. Plaintiff asserts a cause of action for breach of contract as well as common counts. On March 12, 2021, Plaintiff obtained the default of Defendant Matt Morgan Design, Inc. Plaintiff later served Defendants Matthew Morgan (“Matthew”) and Melissa Morgan (“Melissa”) each with a Set One of form interrogatories, special interr...
2022.04.27 Motion for Default Judgment and Permanent Injunction 973
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.27
Excerpt: ...he trust which owned the Property Plaintiff obtained a default against Defendants James K. Fife (“James”) and Dennis Fife (“Dennis”) on September 21, 2021 but in November 2021 the parties stipulated to setting aside the default as to James. Plaintiff on October 1, 2021 obtained the default of Defendant Steve Matysik (“Matysik”), as Successor Co-Trustee of the Mary Fife 1992 Trust but Plaintiff then dismissed the claims against Matysik...
2022.04.27 Motion for Attorney Fees, to Tax Costs 926
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.04.27
Excerpt: ...aintiff's attorneys (set at premium 2022 local rates); (2) unreasonable billing for multiple attorneys' time; (3) the Court's finding of no basis to award expert witness fees; and (4) the appropriateness of recovery for the reasonable costs of bringing this fees motion. Two other matters that the Court finally determined, but which the parties continue to contest, are: (1) that apportionment between Plaintiff's non-PAGA and PAGA claims is necessa...
2022.04.27 Motion for Attorney Fees 094
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.27
Excerpt: ... for the section 19955 claim. This must exclude any time claimed for appellate work or “meetings” with client and others for this court has now determined that Defendant, as a result of its singular failure to provide any clarification, is unable to demonstrate any such time that was not intertwined with unrecoverable claims. The court therefore denies the motion to recover any fees for appellate work or “meetings” with clients and others...
2022.04.27 Demurrer to FAA 513
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.04.27
Excerpt: ...led their opposition on April 14, 2022; however, their opposing papers were due to be filed seven days prior, on April 7, 2022 (9 courts days before the scheduled hearing date pursuant to CCP § 1005(b).) This week-long delay did not afford Plaintiff with an adequate opportunity to review their opposition and respond to it. Accordingly, the Court will not consider the defendants' late opposition. The Court's decision is also supported by the fact...
2022.04.27 Demurrer 871
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.27
Excerpt: ...ocated at 3353 Mountain Home Ranch Rd in Calistoga. Plaintiff alleges that defendant Gold has wrongfully initiated foreclosure proceedings to make plaintiff wrongfully shoulder the burden of all losses caused by the 2017 Tubbs fire. Plaintiff alleges that it was PG&E's negligent maintenance that caused the Tubbs fire which led to damage and devaluation of Plaintiff's property. Plaintiff alleges such maintenance is so intertwined with the function...
2022.04.27 Demurrer 851
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.27
Excerpt: ...action are uncertain and fail to state facts sufficient to constitute a cause of action. The demurrer is OVERRULED. Plaintiff's First Amended Complaint (“FAC”) alleges causes of action for premises liability, negligence, private nuisance, and public nuisance. The FAC alleges that Defendants own property at 820 Holly Avenue in Rohnert Park. Defendant Jose Chavez (“Chavez”) performed maintenance work on Defendants' property, including tree ...
2022.04.20 Motion for Summary Adjudication 046
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.04.20
Excerpt: ...mary adjudication of the Fifth Cause of Action in favor of Isabel Banuelos, Patricia Bekkendahl, Nicanor Carranza, Luisa Cordero, Salomon Cruz, Eduardo Escamilla, Dennis Fischer, Rosaura Hernandez, Edgar Jara-Cano, and Bruce Martin is DENIED. Plaintiffs Lidia Garcia, Ofelia Garcia, and Jose Cardenas withdrew their motion for summary adjudication of the Fifth Cause of Action. Plaintiffs' request for judicial notice is GRANTED. Defendant's request ...
2022.04.20 Motion to Compel Answers, for Sanctions 116
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2022.04.20
Excerpt: ...dmission (“RFAs”). The parties were previously ordered to submit supplemental briefing. The parties requested a continuance to allow for mediation. The Court granted the request for continuance to the current hearing. No supplemental briefing was submitted, and the Court therefore rules on the motion according to the submitted papers. The Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within fift...
2022.04.20 Motion to Compel Binding Arbitration 254
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.20
Excerpt: ...e the hearing on this motion and stay all proceedings until the United States Supreme Court issues a decision in the matter of Viking River Cruises, Inc., v. Moriana, which will determine whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA. For the reasons stated below, the motion is DENIED. 1. Complaint Plaintiff's compla...
2022.04.20 Motion to Continue Deposition, to Answer Questions Pending Protective Order, for Monetary Sanctions 746
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.20
Excerpt: ...as explained below. Plaintiff complains that when she was an employee of Defendants Fernando Ortiz Luna dba Luna Vineyards Management (“Luna”) and La Prenda Vineyards Management, Inc. (“La Prenda”), her supervisor, Defendant Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras...
2022.04.20 Motion to Quash Service of Petition to Vacate Arbitration Award 641
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.04.20
Excerpt: ... the date of the service of a signed copy of the award on the petitioner.” (Italics added.) Pursuant to CCP § 1286.4, the Court may not vacate an arbitration award unless the petition requesting that it be vacated “be duly served and filed.” Proper service of the petition to vacate arbitration award establishes the Court's personal jurisdiction over the respondent. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1203.) In order for a petition...
2022.04.20 Motion to Quash Service of Summons and Set Aside Default, Judgment 902
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.20
Excerpt: ... to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in order that] the traditional notions of fair play an...
2022.04.20 Motions to Compel Answers 938
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2022.04.20
Excerpt: ...Code of Civil Procedure (“CCP”) § 2030.300, and for Plaintiffs' motion to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310 The each of the motions is GRANTED. I. Relevant Law Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and “[i]f an interrogatory cannot b...
2022.04.13 Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 092
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2022.04.13
Excerpt: ...he “Crossing”). This matter is on calendar for the motion filed by the County for a motion to compel answers to form interrogatories (“FIs”). The County has withdrawn its requests as to Interrogatory 17.1 to RFAs 15, 19, 25, and 26. As to all other requests, the Motion is GRANTED. Petitioner shall serve verified code-compliant responses within thirty (30) days of notice of entry of the order on this Motion. Petitioner shall pay $1,656 in ...
2022.04.13 Motion to Strike Portions of FAC 558
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.13
Excerpt: ...ortions of the FAC relate to punitive damages, litigation conduct, and Plaintiffs' settlement of claims against other insurers. The motion is DENIED. As alleged in the FAC, former defendant Westport Insurance Corporation (“Westport”) is an insurance company engaged in the business of selling insurance contracts, including in the State of California. (FAC, ¶20.) Liberty Mutual Fire Insurance Company (“Liberty Mutual”) and Ironshore Indemn...
2022.04.13 Motion to Permit Service of Summons and Complaint by Publication 445
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.13
Excerpt: ...een openly and notoriously using the Accessory Lot since 2000 under a claim of right and that they also purchased the Accessory Lot on about July 28, 2008 from one Dale Shaw (“Shaw”). They also claim to have paid all taxes since purchasing the lot. Plaintiff's Property and the Accessory Lot are part of the Ocean View Tract (“the Tract”), allegedly subdivided in 1919. Plaintiffs contend that the owners of the Accessory Lot at the time of t...
2022.04.13 Motion to Permit Discovery of Financial Condition 859
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.13
Excerpt: ...ure section 3295. “Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will preva...
2022.04.13 Motion to Compel Responses and Impose Sanctions 480
Location: Sonoma
Judge: Dollard, Jennifer V.
Hearing Date: 2022.04.13
Excerpt: ...One), Special Interrogatories (Set One), and Request for Production of Documents (Set One). Defendant's responses were initially due on September 28, 2021, but the parties agreed to two extensions of time. So, Defendant's responses were ultimately due on October 19, 2021. On October 19, 2021, Defendant served timely responses to each of Plaintiffs' discovery requests. However, Defendant's responses consisted of only blanket boiler- plate objectio...
2022.04.13 Motion to Compel Responses 750
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.13
Excerpt: ...erified responses to Plaintiff's form interrogatories, special interrogatories, and requests for production of documents, set one. Plaintiff also moves for an order deeming the truth of all matters specified in her request for admissions, set one. The motions are GRANTED. Sanctions are imposed in the amount of $2,500 jointly against Defendants and defense counsel. Additionally, unless Defendants serve Plaintiff with verified responses, without ob...
2022.04.13 Motion to Compel Further Responses 417
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2022.04.13
Excerpt: ...ons are DENIED. In his complaint, Plaintiff alleges he sustained a work-related injury in November 2018. Despite work restrictions required by his health care provider, Plaintiff was made to do work that exacerbated his injury. He went out on leave and when his FMLA/CFRA leave was up, Defendant terminated his employment. Plaintiff alleges causes of action for disability discrimination, failure to provide a reasonable accommodation, failure to eng...
2022.04.13 Motion for Terminating Sanctions 352
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.13
Excerpt: ...d under the circumstances, as explained herein, Plaintiff is entitled to the request monetary sanctions of $4,000. The court therefore awards this amount to Plaintiff, against Defendants and their attorney. A. Procedural Posture Plaintiff complains that it entered into an agreement by which it purchased $450,000 of the future receipts of Defendant ABC Landscaping & Excavation, Inc. (“Company”) with Defendant Donald Ray Carter (“Carter”) e...
2022.04.13 Motion for Summary Judgment, Adjudication 750
Location: Sonoma
Judge: Nadler, Gary
Hearing Date: 2022.04.13
Excerpt: ...d money lent or paid out or had and received. Plaintiff moves the court for summary judgment or, in the alternative, summary adjudication, in its favor on its complaint against Defendant, arguing that the evidence establishes undisputed facts supporting its causes of action and there is no defense. Despite proper proofs of service demonstrating complete and proper service and notice of all moving papers and the specific hearing information, there...

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