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 ...

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...

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...

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...

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...

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...

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 ...

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...

Excerpt: ... alleging one cause of action for general negligence and one cause of action for premises liability. (Statement of Undisputed Facts “SOF”, 1.) The moving party, RHA Builders, Inc. (“RHA”), were subsequently named as Doe 3 to the Complaint. (SOF, 2.) Plaintiff alleges in her Complaint that on December 19, 2016, she was injured at the Sandman Hotel located at 3421 Cleveland Avenue in Santa Rosa. (SOF, 3.) On September 3, 2016, 3421 Clevelan...

Excerpt: ...his matter is on calendar for Defendant's Anti-SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16. The Anti- SLAPP Motion is GRANTED. I. The Complaint Plaintiff Young, Plaintiff Lynn and Defendant live within the same housing complex, the Woodlands. Plaintiff Young was appointed President of the Woodlands Homeowner's Association (“Woodlands HOA”), of which Defendant was a member. The Complaint alleges that Defendant s...

Excerpt: ...with leave to amend and the action is thus stayed pending resolution of the other action, as explained herein. Plaintiff has leave to amend. The order staying the action on the basis that there is another action pending stays all proceedings in this action at this time except for Plaintiff's right to file an amended complaint. If Plaintiff does so, then the court will revisit the issue of the stay should the issue again be brought before the cour...

Excerpt: ...are the successor trustees of the trust which owned the Property. Defendants failed to answer so Plaintiff obtained a default against Defendants on November 22, 2021. Plaintiff now moves the court to enter Default judgment and Permanent Injunction and for Money Judgment for Costs, Fees, and Delinquent Civil Penalties against Defendants. It has submitted a completed CIV-100 form for default judgment with the moving papers. CCP section 585(b) gover...

Excerpt: ...rty, as well as being the owners prior to Lawndale's ownership. The Judgement requested in this motion would include an order permanently enjoining Lawndale, and their agents and assigns, from maintaining ongoing violations of the Sonoma County ordinances and the unlawful use of the property. The County filed the underlying Complaint on October 7, 2021 for injunctive relief related to multiple public nuisances on the Property. The County substitu...

Excerpt: ...laintiff alleges that the Defendants are the successor trustees of the 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 Fi...

Excerpt: ...liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939; Mabie v. Hyatt (1998) 61 Cal. App. 4th 581, 596 (citing text); Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428.) The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is e...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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 CONTINUED to April 20, 2022, at 3:00 p....